Gaveled in 3:34 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 22, 2013
3:34 p.m.
REGULAR SESSION
SENATOR DAVID J. VALESKY, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT VALESKY:The Senate will come to order.
I ask everyone present to please rise and recite with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT VALESKY:In the absence of clergy, may we bow our heads in a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT VALESKY:The reading of the Journal.
The Secretary will read.
THE SECRETARY:In Senate, Tuesday, May 21st, the Senate met pursuant to adjournment. The Journal of Monday, May 20th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT VALESKY:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 40, Senator Little moves to discharge, from the Committee on Codes, Assembly Bill Number 5011A and substitute it for the identical Senate Bill Number 3496A, Third Reading Calendar 607.
On page 42, Senator Latimer moves to discharge, from the Committee on Rules, Assembly Bill Number 3883 and substitute it for the identical Senate Bill Number 3406, Third Reading Calendar 728.
On page 43, Senator Avella moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 6906 and substitute it for the identical Senate Bill Number 5067, Third Reading Calendar 739.
And on page 44, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 7336 and substitute it for the identical Senate Bill Number 5169, Third Reading Calendar 740.
ACTING PRESIDENT VALESKY:Substitutions 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:Mr. President, would you call on Senator Gianaris, please.
ACTING PRESIDENT VALESKY:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Stewart-Cousins, on page number 32 I offer the following amendments to Calendar Number 491, Senate Print 4241, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR GIANARIS:And on behalf of Senator Rivera, on page number 24 I offer the following amendments to Calendar Number 336, Senate Print 2226, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT VALESKY:Those amendments are also received, and that bill will retain its place on the Third Reading Calendar.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
On behalf of Senator Grisanti, on page 29 I offer up the following amendments to Calendar Number 443, Senate Print 2076B, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:Thank you, Mr. President.
At this time, Mr. President -- and members should pay attention, because there will be an immediate meeting of the Corporations Committee in Room 332, followed by a meeting of the Finance Committee.
So I'll repeat it one more time because there aren't a lot of members here. There will be an immediate meeting of the Corporations Committee in Room 332, followed by a meeting of the Finance Committee.
In the interim, I believe we will stand at ease.
ACTING PRESIDENT VALESKY:The Senate will stand at ease pending the return of the meeting of the Corporations Committee, followed by the Finance Committee, in Room 332.
(Whereupon, the Senate stood at ease at 3:38 p.m.)
(Whereupon, the Senate reconvened at 3:52 p.m.)
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I believe there's a report of the Finance Committee at the desk. I ask that it be read at this time.
ACTING PRESIDENT VALESKY:The Secretary will read the report of the Finance Committee.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination.
As a member of the Buffalo and Fort Erie Public Bridge Authority, Anthony M. Masiello, of Buffalo.
ACTING PRESIDENT VALESKY:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, I would move the nomination of Anthony Masiello for the position of board member of the Buffalo and Fort Erie Public Bridge Authority.
Tony has an incredible record. Many of us had served with him in the Senate, but he's also served as the mayor of the City of Buffalo and on the Buffalo City Council. If anyone knows the western part of this state, Anthony Masiello does and will protect our interests of the State of New York on this authority.
But the main reason I support him is because of who he's associated with with his law firm: Masiello, Martucci & Calabrese. I mean, how can there be a better mix and more diversity? They're all from different regions of Italy.
(Laughter.)
SENATOR DeFRANCISCO: So that's called sub -- sub -- what is it, sub -- I forgot what it was. I don't want to bring that up.
But in any event, he's a great nominee, a great person, and he'll do a wonderful job.
ACTING PRESIDENT VALESKY:Thank you, Senator DeFrancisco.
Senator Grisanti on the nomination.
SENATOR GRISANTI:Yes, thank you, Mr. President.
Thirty-five years working in government, Tony Masiello. And he truly does understand the business of Western New York. The bridge between Canada and Buffalo, vital commerce, economic and trade with our partner, Southern Ontario, that bring goods back and forth not only in the State of New York but the entire Southern Tier and the southern part of this nation.
And there's issues going on right now with the bridge, a five-person board. Actually, a 10-person board, five on the Canadian side, five on the American side. One has resigned just recently, leaving only four on the American side.
So I urge all my colleagues here to unanimously support Tony Masiello to go onto this bridge authority so you could have a five-on-five as far as a voting bloc. He understands the concepts, living in Western New York his entire life, and what needs to be done with regards to the Peace Bridge Authority and having a shared revenue in a shared fashion not only on the Canadian side but also on the American side.
So I urge his support, and I second the nomination.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Thank you, Senator Grisanti.
Senator Maziarz on the nomination.
SENATOR MAZIARZ:Thank you very much, Mr. President.
We have Senator DeFrancisco and Senator Grisanti supporting former Senator Masiello. Well, that's not diversity in my book. From the Polish perspective, we support Tony Masiello too.
This is a great appointment by the Governor at a very critical moment in the history of Western New York. We have waited for many years for something to happen on our side of the Peace Bridge, this major gateway into the whole northeastern corridor of the United States.
And as Senator Grisanti pointed out, Tony Masiello has the right background, the knowledge about the importance of this and the importance of getting our fair share of resources from the Peace Bridge Authority.
They spent $100 million on a beautiful new entranceway on the Canadian side. And clearly a lot of the walls on the U.S. side, the barriers that had been put up before as far as obtaining property, have come down recently. And we have to take a large leap forward now on the U.S. side. And Governor Cuomo is right, Tony Masiello is the individual to do it.
So I second his nomination, Mr. President.
ACTING PRESIDENT VALESKY:Thank you, Senator Maziarz.
Senator Gallivan on the nomination.
SENATOR GALLIVAN:Thank you, Mr. President.
I too rise in support of the nomination of Tony Masiello as a member of the Buffalo/Fort Erie Public Peace Bridge Authority.
Many of you have experience in working with Tony in this chamber and in Buffalo in his capacity as mayor. I too, back in my days as sheriff, had a long-standing relationship with Tony. And he's just truly an outstanding public servant.
As Senator Maziarz mentioned, this is a critical time. We've been waiting for years and years and years to try to move something forward that can help to contribute to Western New York and New York State's economy, and the Peace Bridge is vital to that.
And with the recent issues that they've had there, I can't think of a better person that grew up in the shadows, lives in the shadows of the Peace Bridge and has the relationships with the people to help advance our interests.
So I will vote aye on this, Mr. President, and I thank Tony for serving again.
ACTING PRESIDENT VALESKY:Thank you, Senator Gallivan.
Senator Nozzolio on the nomination.
SENATOR NOZZOLIO:Thank you, Mr. President.
Mr. President and my colleagues, all I know is that when Tony Masiello served in the Senate, the Bills were in the Super Bowl. And Gallivan, Grisanti, Kennedy have not stood to that task as following in the legacy of Senator Masiello.
(Laughter.)
SENATOR NOZZOLIO:But a great appointment, Mr. President. As my colleagues have well stated, it's an important job, and I couldn't think of anyone more qualified for this position than the nominee, Anthony "Tony" Masiello.
We call him Senator, we call him Mayor. He's a public servant through and through. And we believe certainly this will be a very, very important role in the next step as he moves forward in this position. I only hope that he can counsel Senators Kennedy, Gallivan and Grisanti on how to get those Bills, the Buffalo Bills, back in the Super Bowl.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Thank you, Senator Nozzolio.
Senator Ranzenhofer on the nomination.
SENATOR RANZENHOFER:Thank you, Mr. President.
I also rise in support of the nominee and commend the Governor for an excellent choice.
As I mentioned during our confirmation hearing before the Corporations Committee, I think that the former mayor, former Senator, and an individual with great private-sector experience brings the right level of maturity and professionalism and gravitas to a very delicate situation which is going on there right now.
I think his years of public service, his knowledge of the issues, his likability and ability to get along with everybody -- with, again, his seasoned approach in the Senate and as mayor -- will certainly be very good for the Peace Bridge Authority, it will be very good for the United States. And I'm very glad to join in the recommendation and seconding of Mr. Masiello for this position.
Thank you.
ACTING PRESIDENT VALESKY:Thank you, Senator Ranzenhofer.
Senator Kennedy on the nomination.
SENATOR KENNEDY:Thank you very much, Mr. President.
It is with great pride and tremendous privilege that I stand here to second the nomination of Tony Masiello to the Peace Bridge Authority. Just an incredible man -- a statesman, a gentleman, a diplomat, somebody that has the right demeanor to get to the Peace Bridge Authority at the right time to, pun intended, create a bridge between the nations, the United States and Canada.
Over the course of his tremendous career, he has gone out of his way to help people. He's a civic-minded individual that cares deeply about the City of Buffalo, about Western New York, about New York State. And no one can argue against that.
Between being the mayor of Buffalo, a New York State Senator, a councilman, a basketball star on the courts at Canisius College, Tony Masiello has what it takes to lead our community of New York State, our community in Western New York, and really our nation on the Peace Bridge Authority.
It is a tremendous honor to be able to stand on this floor to vote for him today. I congratulate the Governor on a very, very good nomination.
I also want to make a very important announcement that with former Mayor Masiello's leadership, the Buffalo Bills will be winning the Super Bowl this upcoming season with a new GM, a new coach, a new quarterback, and now a new appointee to the Peace Bridge Authority.
So thanks for pointing that out, and I'm happy that we in Buffalo can once again deliver for the people of New York State.
Thank you.
ACTING PRESIDENT VALESKY:Thank you, Senator Kennedy.
The question is on the nomination of Anthony M. Masiello as a member of the Buffalo and Fort Erie Public Bridge Authority. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:Anthony M. Masiello is hereby confirmed as a member of the Buffalo and Fort Erie Public Bridge Authority.
Congratulations.
(Standing ovation.)
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
At this time could we have the reading of the noncontroversial calendar, please.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 338, by Senator Nozzolio, Senate Print 3298 --
SENATOR LIBOUS:Lay the bill aside for the day.
ACTING PRESIDENT VALESKY:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 500, by Senator Fuschillo, Senate Print 750, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Fuschillo to explain his vote.
SENATOR FUSCHILLO:Thank you, Mr. President.
I just want to thank my colleagues for their support of this legislation. This is another measure to combat drinking and driving in the State of New York.
In the last ten years, there have been almost a half a billion arrests in the State of New York for those who choose to drink and drive. In the last eight years, there's been almost 3,000 fatalities, and in the last nine years, about 65,000 alcohol-related injuries in the State of New York.
While we have some of the strongest anti-drunk driving laws in the nation, we need to continually review this issue and we need to do more. I vote yes.
ACTING PRESIDENT VALESKY:Senator Fuschillo to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 58. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 562, by Senator Bonacic, Senate Print 2039, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 562, those recorded in the negative are Senators Espaillat, Gipson, Hoylman, Kennedy, Perkins and Serrano.
Ayes, 54. Nays, 6.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 572, by Senator Hannon, Senate Print 3912A, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 575, by Senator Marcellino, Senate Print 3616, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Diaz recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 586, by Senator Little, Senate Print 3766A, an act to amend the General Municipal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 596, by Senator Hannon, Senate Print 4838, an act to limit the reduction of the mental health census.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 596, those recorded in the negative are Senators Dilan, Espaillat, Gianaris, Gipson, Hassell-Thompson, Hoylman, Krueger, Perkins, Rivera, Sanders, Serrano, Squadron and Tkaczyk.
Ayes, 48. Nays, 13.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 598, by Senator Larkin, Senate Print 285, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 598, those recorded in the negative are Senators Dilan, Krueger, Montgomery, Perkins and Rivera.
Ayes, 56. Nays, 5.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I'm just standing because we have a very distinguished guest in the gallery and I'd like to recognize him: Senator George Maziarz.
(Laughter.)
ACTING PRESIDENT VALESKY:The Secretary will continue to read.
THE SECRETARY:Calendar Number 599, by Senator Fuschillo, Senate Print 746, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 599, those recorded in the negative are Senators Espaillat, Hassell-Thompson, Montgomery and Perkins.
Ayes, 57. Nays, 4.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 600, by Senator LaValle, Senate Print 767, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 600, those recorded in the negative are Senators Dilan, Gipson, Hassell-Thompson, Krueger, Montgomery, Perkins, Rivera and Tkaczyk.
Ayes, 53. Nays, 8.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 603, by Senator Golden, Senate Print 2248A, an act to amend the Civil Rights Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 604, by Senator Klein, Senate Print 2368B, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 11. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 605, by Senator Ball, Senate Print 2583, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 59. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 607, substituted earlier by Member of the Assembly Stec, Assembly Print Number 5011A, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 607, those recorded in the negative are Senators Gipson, Krueger, Montgomery, Perkins, Rivera and Tkaczyk.
Ayes, 55. Nays, 6.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 608, by Senator Larkin, Senate Print 3530, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 608, those recorded in the negative are Senators Gipson, Krueger, Montgomery, Perkins and Rivera.
Ayes, 56. Nays, 5.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 609, by Senator Lanza, Senate Print 3600, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 609, those recorded in the negative are Senators Boyle, Dilan, Montgomery, Perkins and Tkaczyk.
Ayes, 56. Nays, 5.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 610, by Senator Young, Senate Print 3894A, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 610, those recorded in the negative are Senators Gipson, Krueger, Montgomery, Perkins, Rivera and Tkaczyk.
Ayes, 55. Nays, 6.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 611, by Senator Grisanti, Senate Print 4003, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 611, those recorded in the negative are Senators Griffo, Little, Montgomery, Perkins, Rivera, Tkaczyk and Young. Also Senator Krueger.
Ayes, 53. Nays, 8.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 612, by Senator LaValle, Senate Print 4580, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 612, those recorded in the negative are Senators Krueger, Montgomery, Perkins, Rivera and Tkaczyk.
Ayes, 56. Nays, 5.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 613, by Senator Skelos, Senate Print 4790, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 613, those recorded in the negative are Senators Dilan, Espaillat, Hassell-Thompson, Krueger, Montgomery, Perkins, Rivera, Serrano and Tkaczyk.
Ayes, 52. Nays, 9.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 614, by Senator Skelos, Senate Print 4791, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 615, by Senator Nozzolio, Senate Print 4893, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
Today we've had a series of expansion of peace officer status bills. I'm voting no on all of them, as a number of my colleagues are. One starts to wonder if it would be smarter to simply pass a bill saying everyone in New York State is a peace officer unless they opt out.
I think this is bad public policy. My understanding is the Governor has taken the position that he vetoes these bills because he shares our recognition and concern that this has all gotten a little out of hand, and I'm hoping that he will veto these as well.
And perhaps there can be a broader statewide discussion of who in fact are police officers and why would we need to expand the number of career paths that apparently also lead to some definition of the ability to arrest and chase criminals.
I will be voting no. Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 615, those recorded in the negative are Senators Gipson, Krueger, Montgomery, Perkins, Rivera, Sanders and Tkaczyk.
Ayes, 54. Nays, 7.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 708, by Senator DeFrancisco, Senate Print 339, an act to amend the Navigation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 709, by Senator Kennedy, Senate Print 371, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Kennedy to explain his vote.
SENATOR KENNEDY:Thank you, Mr. President.
Members of our nation's armed forces make great sacrifices in service to the United States of America. They leave their families, their friends, their entire lives behind in order to protect our freedom and defend our democracy. They put their lives on the line to ensure our nation remains safe.
We can never thank our veterans and active-duty servicemembers enough for their valiant acts of courage on behalf of this great nation. And when the soldiers complete their duties and return home from their service, it becomes our duty to stand up and do all we can to protect them and their families. Our work on behalf of veterans needs to start with connecting them to good-paying job opportunities and protecting their opportunities to achieve success in business.
This bill aims to do just that. It seeks to prevent criminals from deceiving veterans out of business opportunities they've earned through their service. It makes the impersonation of a disabled veteran vendor a punishable offense. Committing this truly shameful act not only deceives the buying public, it also inflicts serious economic pain upon the men and women who make great sacrifices in service to our country.
Today we take a step toward establishing a real deterrent to this criminal activity. It will stop people who try to cheat the system and steal from veterans. Today we seek to deliver this message: In New York State you won't get away with defrauding veterans out of benefits they've earned. We protect our veterans, and this legislation is an important next step.
As we prepare this week for Memorial Day, in communities across our state there will be celebrations and commemorations. There is no better time to reflect on the service and sacrifices of our veterans and to take action on legislation that protects their interests.
I thank my colleagues for your support on this important measure, and I extend my deepest gratitude to the brave men and women who have served our nation in the armed forces.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT VALESKY:Senator Kennedy to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 711, by Senator Dilan, Senate Print 410, an act to amend the General Municipal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 712, by Senator Grisanti, Senate Print 698, an act to amend the Labor Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 715, by Senator Maziarz, Senate Print 1064, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 716, by Senator Robach, Senate Print 1174, an act to amend the Domestic Relations Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 717, by Senator Flanagan, Senate Print 1452, an act to amend the Correction Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Senators Montgomery and Perkins recorded in the negative.
Ayes, 59. Nays, 2.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 718, by Senator Grisanti, Senate Print 1703, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of July.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Grisanti to explain his vote.
SENATOR GRISANTI:Yes, thank you, Mr. President.
You know, this is the third year in the Senate that this bill is going to pass. Now, I don't know what else we can do, but I'm asking every single Senator in this chamber to talk to your Assemblymembers and tell them to get this bill onto the floor and get it passed.
This is a no-brainer. This is about instructing -- having instructions in school to expand letting individuals know why you should not pick on other individuals that have disabilities. Rather than stopping at 6th grade, going to 12th grade. People Inc. has already done the curriculum. They have pilot programs in Western New York, and it works. It prevents bullying.
So it passes noncontroversial all the time here. This is a no-brainer. You know, ask your Assemblypeople. There is no reason why this is not going to the floor.
And basically, with your help, I think we can get this done. I think the Governor will get this signed into law. And it's not going to have any impact fiscally on the state.
So I vote aye, Mr. President. Thank you very much. Thank you, my colleagues, and please do that. Thank you.
ACTING PRESIDENT VALESKY:Senator Grisanti to be recorded in the affirmative.
Results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 719, by Senator Ranzenhofer, Senate Print 1862, an act to amend the Elder Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 720, by Senator Nozzolio, Senate Print 1894 --
SENATOR LIBOUS:Lay the bill aside for the day, please.
ACTING PRESIDENT VALESKY:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 721, by Senator Skelos, Senate Print 2017, an act to amend the Correction Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 180th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 3. Senators Montgomery, Perkins and Sampson recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 723, by Senator Golden, Senate Print 2108, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
While I agree with the intent of this legislation, I am voting against its adoption because I believe that the language of the bill should be strengthened.
Other states with similar legislation more clearly define and enunciate and list those who would qualify as a law enforcement officer. It's strange to me that in looking at all the states who have a blue light law, that our bills should be so different and rendered inadequate because it does not in fact include the major criteria that should be developed to ensure that there are no mistakes.
One of the things that I think that I would prefer to see this bill do is to mirror those states that in my opinion better ensure that our law enforcement is not given too much authority that might be subject to potential abuse.
So, Mr. President, I will be voting no, and I encourage my colleagues to do so as well.
ACTING PRESIDENT VALESKY:Senator Hassell-Thompson to be recorded in the negative.
Results.
THE SECRETARY:Ayes, 58. Nays, 3. Senators Hassell-Thompson, Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 724, by Senator Golden, Senate Print 2169, an act to amend the Real Property Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 725, by Senator Ball, Senate Print 2584, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 725, those recorded in the negative are Senators Avella, Diaz, Fuschillo, Gipson, Krueger, Perkins, Rivera, Sanders and Serrano.
Ayes, 52. Nays, 9.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 726, by Senator Young, Senate Print 2619, an act to amend the General Municipal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Annnounce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 727, by Senator Young, Senate Print 2687, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 728, substituted earlier by Member of the Assembly Buchwald, Assembly Print Number 3883, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 732, by Senator Libous --
SENATOR GIANARIS:Lay it aside, please.
ACTING PRESIDENT VALESKY:The bill is laid aside.
THE SECRETARY:Calendar Number 733, by Senator Martins, Senate Print 4065, Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT VALESKY:Call the roll on the concurrent resolution.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The resolution is adopted.
THE SECRETARY:Calendar Number 734, by Senator Golden, Senate Print 4113, an act to amend the Social Services Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you.
I find myself voting no on this bill not because of a concern with the underlying intention of the bill, which is to make sure that people are not employed in daycare centers or volunteer in daycare centers if they have particular kinds of criminal convictions -- I agree with that.
But it is also my understanding that this bill would apply to the kinds of care centers that operate out of people's homes which are providing childcare to under six children at a time, and that this bill would also apply to any member of the household even if they are not working in or volunteering in the childcare provision.
So my concern is that there would be an unintended consequence from this law actually disallowing many residences from being able to continue their functions as non-center-based childcare.
And for example, you could have a three-generation household with a grandmother who had a historic felony involving prostitution and who has absolutely nothing to do with the care of the children, nor is she an employee or a volunteer. But because it was in the home that she also resided in, they'd no longer be able to be licensed.
So I'm hoping that before this actually moves into perhaps being passed in both houses, the sponsor will consider reinterpreting the definitions for this bill so as not to actually prevent people from continuing home-care services in childcare.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 734, those recorded in the negative are Senators Espaillat, Krueger, Montgomery and Perkins.
Ayes, 57. Nays, 4.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 735, by Senator Golden, Senate Print 4249, an act to amend the Labor Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 736, by Senator Young, Senate Print 4331, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 737, by Senator Gallivan, Senate Print 4341, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 738, by Senator Gallivan, Senate Print 4343, an act to amend the Correction Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Hassell-Thompson recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 739, substituted earlier by Member of the Assembly Thiele, Assembly Print Number 6906, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 740, substituted earlier by Member of the Assembly Pretlow, Assembly Print Number 7336, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous, that completes the noncontroversial reading of the calendar.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
We neglected to mention when we passed Calendar Number 728 that I believe that was Senator Latimer's first bill passed in the house.
ACTING PRESIDENT VALESKY:Congratulations, Senator Latimer.
(Applause.)
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I'm disappointed that I have to stand before you and say could we have the reading of the controversial calendar.
(Laughter.)
ACTING PRESIDENT VALESKY:The secretary will place Calendar Number 732 before the Senate on the controversial calendar and ring the bells.
The Secretary will read.
THE SECRETARY:Calendar Number 732, by Senator Libous, Senate Print 4001, an act to authorize.
ACTING PRESIDENT VALESKY:Senator Krueger.
SENATOR KRUEGER:If the sponsor would please yield for a question.
ACTING PRESIDENT VALESKY:Senator Libous, do you yield?
SENATOR LIBOUS:I sure will.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR KRUEGER:Thank you.
So I was looking through a whole package of other land transference bills that have moved through this house in the past, and each and every one of them describes the actual parcel of land that is going to be transferred or sold.
And so I am wondering where that information is in your bill. Through you, Mr. President.
SENATOR LIBOUS:Senator Krueger, I didn't draft this bill myself. But I would tell you that it's a pretty simple bill, and I'll share with you what I know.
BOCES of Broome, Tioga, Chenango and Delaware came to me and said: IBM gave us a parcel of property. The property's value is I believe about $4,000. And even upstate, that's not a lot. It must be a shed.
They would like very much to get rid of the property, because it's costing them money. And they wanted to avoid the public vote because that would cost more money.
That's pretty much what I could offer you, Senator Krueger, at this time. I can't offer you any more. And I don't know how the other bills are drafted. That's how this bill is drafted, and I think it's pretty self-explanatory.
I'm not sure that we have any pro forma on how we draft certain kinds of bills, but I would hope that that would give you enough information to make a judgment on this.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT VALESKY:Senator Krueger on the bill.
SENATOR KRUEGER:I appreciate the Senator's explanation of describing the specific property and the market value.
Again, for the record, I do think there is a history in both houses that land transfer bills and land sale bills between counties and private entities or the state or a municipality of the state and a private entity have in history laid out explicitly what the property is or what the history of the property is for identification purposes.
And I, like the Senator, don't know why it wasn't in this bill. But I would encourage in the future people who are bringing these bills to the floor should have the information about the specific piece of land, the description of who, what, where included in the legislation.
Because not only does it I think address our answers without having to ask them on the floor, but I think it's an important record of why this Legislature is making specific decisions about the transfer and sale of other governments' lands here in the Senate and the Assembly.
I will be voting yes. Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Thank you, Senator Krueger.
Seeing no other Senator who wishes to be heard, the debate is closed.
The Secretary will ring the bells. Senators are asked to proceed immediately to the chamber for a vote.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 732, absent from voting: Senators Adams, Flanagan, Hannon and Sampson.
Ayes, 56.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous, that completes the controversial reading of the calendar.
SENATOR LIBOUS:Mr. President, at this time, if you can go back to motions, I believe Senator DeGianaris has a motion before the house.
(Laughter.)
ACTING PRESIDENT VALESKY:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator DeEspaillat, please place a sponsor's star on Calendar Number 729.
(Laughter.)
ACTING PRESIDENT VALESKY:So ordered.
Senator Libous.
SENATOR LIBOUS:Mr. President, at this time is there any further business before the Senate?
ACTING PRESIDENT VALESKY:There is no further business at the desk.
SENATOR LIBOUS:Thank you, Mr. President.
There being no further business, I move that the Senate adjourn until Thursday, May 23rd, at 11:00 a.m.
ACTING PRESIDENT VALESKY:On motion, the Senate stands adjourned until Thursday, May 23rd, at 11:00 a.m.
(Whereupon, at 4:58 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.