Gaveled in 3:27 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 5, 2013
3:27 p.m.
REGULAR SESSION
SENATOR THOMAS F. O'MARA, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT O'MARA:The Senate will come to order.
Please rise and join with me in the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT O'MARA:We have with us for our prayer today Father Alexander, representative of Archbishop Justinian, Administrator of the Patriarchal Parishes in the U.S.A.
Father?
FATHER ALEXANDER:Let us pray.
O, Heavenly King, the Comforter, the Spirit of Truth, Who art everywhere and fillest all things, Treasury of Goodness and Giver of Life, come and abide in us, cleanse us from every impurity and save our souls, O Good One.
Amen.
ACTING PRESIDENT O'MARA:Thank you, Father.
The reading of the Journal.
THE SECRETARY:In Senate, Monday, March 4th, the Senate met pursuant to adjournment. The Journal of Friday, March 1st, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT O'MARA:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 15, Senator LaValle moves to discharge, from the Committee on Housing, Construction and Community Development, Assembly Bill Number 2080 and substitute it for the identical Senate Bill Number 2034, Third Reading Calendar 93.
ACTING PRESIDENT O'MARA:So ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Mr. President, at this time could you please call on Senator Espaillat for the purposes of an introduction, please.
ACTING PRESIDENT O'MARA:Senator Espaillat.
SENATOR ESPAILLAT:Thank you, Mr. President.
We have a distinguished delegation here today, a delegation from the Coalition in Support of Russian American History Month. This delegation is headed by Olga Zatsepina; Father Alexander, who we just heard give the invocation; Julio Rodriguez; Michael Angelo Mutlu; Tatania Deptola; and Irina Shteynvurtsel.
And this delegation proposes to engage the Legislature in making sure that April becomes and is proclaimed by the Governor as Russian American History Month in the State of New York. And that month has been chosen because many great things have occurred during the month of April for the Russian American community and for Americans in general.
Four hundred years ago, in April, was the founding of the Romanov dynasty. Also, this year is the half-century anniversary of the space flight of the first woman cosmonaut, Valentina Tereshkova, and also the 120th year of the birth of the great Russian and Soviet poet, Vladimir Mayakovsky.
So this is an important month for the Russian American community, and they are here and this is their second year that they have visited the Legislature. And we have a resolution in support of April being proclaimed Russian American History Month.
So we thank them for coming up. Once again, we hope you come up every year. And we look forward to the festival that they have every April. This year it will be on 96th Street and Broadway, Senator Perkins, right on the borderline of both of our districts.
So I invite you to participate with this community in friendship, and I welcome you to Albany. Thank you so much.
(Applause.)
ACTING PRESIDENT O'MARA:Thank you, Senator Espaillat, and welcome to our guests here today. Thank you for being with us.
Senator Perkins.
SENATOR PERKINS:I'd like to just join my colleague in welcoming them and celebrating their anniversary.
You know, it wasn't quite 400 years ago, but this month is my birthday too. So I just want to join you in your celebration from a very personal point of view and look forward to celebrating with you with my colleague when you come into the district.
Thank you very much.
ACTING PRESIDENT O'MARA:Thank you, Senator Perkins.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe there's a previously adopted resolution at the desk by Senator Klein. It would be Number 603. Could we have it, please, read in its entirety and call on Senator Klein before its adoption.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 603, by Senator Klein, commending Police Officer Frank G. Misa and Police Officer Mitchell J. Richter in recognition of their heroic actions in saving the life of a drowning woman.
"WHEREAS, Citizens across our state and nation are inspired by and indebted to our noble police officers who exhibit courage and bravery every day in the course of their duties; and
"WHEREAS, It is the custom of this Legislative Body to recognize and commend the caring concern and heroic acts of individuals who take prompt and appropriate action in emergency situations, nobly risking their own lives in an effort to preserve the life of another; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to commend Police Officer Frank G. Misa and Police Officer Mitchell J. Richter in recognition of their heroic actions in saving the life of a drowning woman; and
"WHEREAS, On the morning of Thursday, February 7, 2013, Police Officer Frank G. Misa and Police Officer Mitchell J. Richter of the Port Authority of New York and New Jersey were onboard Marine Patrol Vessel 7200 performing routine perimeter checks of LaGuardia Airport and monitoring police radio; and
"WHEREAS, A call came over the radio stating a woman attempted to take her life and jumped off the Whitestone Bridge. Being within close proximity, Police Officer Frank G. Misa and Police Officer Mitchell J. Richter were on the scene within three minutes and immediately observed the victim in the water; and
"WHEREAS, Due to the quick and astute actions of Police Officer Frank G. Misa and Police Officer Mitchell J. Richter, the victim was pulled from the frigid water and received first aid. She was kept warm with a blanket and brought to safety; and
"WHEREAS, Police Officers Frank G. Misa and Mitchell J. Richter displayed exemplary professionalism in the performance of their duties by responding immediately to a person in need and ultimately saving her life; and
"WHEREAS, It is the sense of this Legislative Body that those who enhance the quality of life in their community and have shown a sustained commitment to the maintenance of high standards in their profession, certainly have earned the recognition and applause of all the citizens of this great Empire State; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commend Police Officer Frank G. Misa and Police Officer Mitchell J. Richter in recognition of their heroic actions in saving the life of a drowning woman; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to Police Officer Frank G. Misa and Police Officer Mitchell J. Richter."
ACTING PRESIDENT O'MARA:This resolution was previously adopted on February 28, 2013.
Senator Klein on the resolution.
SENATOR KLEIN:Thank you, Mr. President.
I want to thank you for taking time out of our legislative business to recognize two outstanding officers, Port Authority Officer Mitchell Richter and Port Authority Officer Frank Misa.
I also want to take an opportunity to welcome Officer Richter's wonderful wife, Lisa, who is with us today, as well as their two children, Madelyn and Andrew.
I also want to recognize Officer Misa's uncle, Robert Reid, who is joining us in the Senate as well.
I know how it was read into the record that these two young men are some of our finest in the Port Authority. And I think it's time for us to sort of recognize that each and every day there's first responders that are risking their life performing heroic acts that sometimes just go unnoticed.
So I'm glad we have the opportunity today to have these two fine officers, who I think are setting a very important example of the heroic acts that we sometimes overlook in everyday life by people in law enforcement. I think they really are showing us what public service is all about: Why people enter the police force, why people decide to be firefighters, why people decide to put their lives on the line each and every day.
So I want to say a very special thank you. I know the families are very, very proud of you. And again, I know you're going to inspire a lot of young people because of your heroic acts, who now may choose the wonderful profession of law enforcement.
So thank you all very, very much.
ACTING PRESIDENT O'MARA:Thank you, Senator Klein.
Senator Hannon on the resolution.
SENATOR HANNON:Thank you, Mr. President.
I want to commend Frank and Mitch for their acts. I want to commend Senator Klein for recognizing what they have done.
I think that it's very important that when people have gone out of their way, risked their own lives -- I mean, frankly, the waters under the Whitestone Bridge in February are probably the most treacherous and frozen that I can think of except for perhaps up in one of the lakes.
But recognizing when people go out of their way, inspiring others, the height of service, it's very appropriate for this chamber to recognize them. I'm glad they've been able to join with us, and I'm glad we're able to take the time to say thank you on behalf of all the citizens of New York.
ACTING PRESIDENT O'MARA:Thank you, Senator Hannon.
And congratulations to you, Officers. Thank you for your courageousness and heroism and your efforts in your everyday performance of your duties, going above and beyond.
Welcome here in the Senate. Enjoy your stay with us today, and thank you for being here.
(Standing ovation.)
ACTING PRESIDENT O'MARA:Senator Libous.
SENATOR LIBOUS:May we have the reading of the noncontroversial calendar, Mr. President.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Calendar Number 28, by Senator Zeldin, Senate Print 1687, an act to amend the Public Authorities Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 76, by Senator Fuschillo, Senate Print 780, an act to authorize.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 78, by Senator Flanagan, Senate Print 1190, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 83, by Senator Gallivan, Senate Print 98, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 84, by Senator Robach, Senate Print 1020, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 85, by Senator Skelos, Senate Print 1392, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Announce the results.
THE SECRETARY:Ayes, 56. Nays, 3. Senators Hassell-Thompson, Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 86, by Senator Ranzenhofer, Senate Print 1437, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Rivera to explain your vote.
SENATOR RIVERA:Thank you, Mr. President, to explain my vote.
This is a bill that we have considered on the floor before, and it is regarding when a person knowingly harbors, houses or employs a defaulting sex offender.
There are many sex offender bills that we've considered on the floor; I've spoken about them previously. While I certainly believe that for the most dangerous sex offenders, Level 3 sex offenders, we need to make sure that we can keep them from folks in our communities and we need to make sure that we are safe from them, this bill makes no distinction.
There's Level 1 and Level 2 sex offenders that are included in this bill, and I believe that for that reason it is a bill that is too broad and it places a big burden on families or renters.
And again, while I believe that we certainly need to do everything that we can to keep our families and communities safe from sex offenders, there is a need to distinguish between different levels. In this case, no such distinction is made, so I will be voting in the negative.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Senator Rivera to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 86, those recorded in the negative are Senators Adams, Dilan, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins and Rivera.
Ayes, 51. Nays, 8.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 87, by Senator Young, Senate Print 2204A, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Hassell-Thompson recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 89, by Senator LaValle, Senate Print 3309, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 93, substituted earlier today by Member of the Assembly Thiele, Assembly Print 2080, an act to amend the Real Property Tax Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 95, by Senator Golden, Senate Print 3584, an act to amend the Multiple Dwellings Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Announce the results.
THE SECRETARY:In relation to Calendar Number 95, those recorded in the negative are Senators Adams, Avella, Espaillat, Hassell-Thompson, Hoylman, Montgomery, Perkins, Rivera, Sanders, Serrano, Stavisky, Stewart-Cousins and Tkaczyk.
Ayes, 46. Nays, 13.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 96, by Senator Gallivan, Senate Print 3185, an act to amend the Labor Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 140th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 97, by Senator Ranzenhofer, Senate Print 1693, an act to amend the Domestic Relations Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 98, by Senator LaValle, Senate Print 2038, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 104, by Senator Fuschillo, Senate Print 743, an act to amend the General Business Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator Libous, that completes the noncontroversial reading of the calendar.
SENATOR LIBOUS:Thank you, Mr. President.
Is there any further business at the desk?
ACTING PRESIDENT O'MARA:No, there is not.
SENATOR LIBOUS:Thank you.
There being no further business, Mr. President, I move that we adjourn until Wednesday, March 6th, at 3:00 p.m.
ACTING PRESIDENT O'MARA:On motion of Senator Libous, the Senate stands adjourned until Wednesday, March 6th, at 3:00 p.m.
(Whereupon, at 3:46 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.