Gaveled in 11:21 AM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 23, 2013
11:21 a.m.
REGULAR SESSION
SENATOR DAVID CARLUCCI, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT CARLUCCI:The Senate will come to order.
I ask everyone present to please rise and repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT CARLUCCI:To deliver the invocation, today we have my good friend Reverend Nathaniel Demosthene, the senior pastor of First Timothy Christian Church in Spring Valley.
REVEREND DEMOSTHENE:Thank you for this opportunity. And on behalf of our community in Spring Valley, our children in East Ramapo, the Consulate General who's here, I thank you.
Let's bow our heads and pray.
Almighty God, our Father, everything we see and everything we cannot see exists because of You alone. It all belongs to You and comes from You.
Scripture tells us that we are to love our neighbor as we love ourselves. And You Yourself gave this compassionate example of how to love. And we thank You for the love that has us here today.
First and foremost, we acknowledge, God, Haiti, one of our neighbors. And we thank You for her continuous recovery from earthquake and storms and disease. And thank You for her peaceful transfer of power to another democratically elected president. Thank You for the Haitian consular representative who is here with us in chambers.
We ask that You help us remember that we are united in their struggle, as Americans and New Yorkers. And together we are here today not by race, religion, blood or any sexual orientation or creed, but by universal binding commitment to the freedom and opportunity and justice that this country provides us all.
And in that same spirit, we lift up our spirit of prayer for the continuing recovery of victims in Newtown, Massachusetts, the recovery of tornado victims in Oklahoma and the disaster in Texas, and elsewhere in the world where others need courage and focus and we always lend a helping hand.
In that vein, we don't want to focus on ourselves today. We don't to be worried about fighting each other. We want to learn today about forgiving each other.
And teach us how to bring out that greatness that brought this country in the first place its prosperity. Bring out that greatness that helps us to treat our fellow human beings and this earth with the respect that it deserves, and forgive us of our shortcomings in this endeavor.
Remind us continuously of the responsibility of our actions. Give us humility in our approaches to one another and civility in our attitudes towards each other's doctrines, dogmas and ideas, even when we differ. Help us to share. Help us to serve. Help us to seek the common good of all, as Christ did when he was on this earth, despite all the obstacles he faced.
This is our prayer today. Amen.
ACTING PRESIDENT CARLUCCI:The reading of the Journal.
THE SECRETARY:In Senate, Wednesday, May 22nd, the Senate met pursuant to adjournment. The Journal of Tuesday, May 21st, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT CARLUCCI:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 28, Senator Golden moves to discharge, from the Committee on Local Government, Assembly Bill Number 6658 and substitute it for the identical Senate Bill Number 4600, Third Reading Calendar 395.
ACTING PRESIDENT CARLUCCI:The substitution is 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.
On behalf of Senator Lanza, on page 27 I offer the following amendments to Calendar Number 385, Senate Print 2135A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CARLUCCI:So ordered.
SENATOR LIBOUS:On behalf of Senator Robach, on page 28 I offer the following amendments to Calendar Number 419, Senate Print 4180A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CARLUCCI:So ordered.
SENATOR LIBOUS:And on behalf of Senator DeFrancisco, on page 38 I offer the following amendments to Calendar Number 583, Senate Print 553A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CARLUCCI:So ordered.
Senator Libous.
SENATOR LIBOUS:Mr. President, at this time may we please adopt the Resolution Calendar, with the exception of Resolutions 1999 and 2001.
ACTING PRESIDENT CARLUCCI:All in favor of adopting the Resolution Calendar, with the exception of Resolutions 1999 and 2001, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT CARLUCCI:Opposed, nay.
(No response.)
ACTING PRESIDENT CARLUCCI:The Resolution Calendar is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
There's a resolution at the desk, Mr. President, by Senator DeFrancisco. It's Number 284. It was previously adopted by the house on January 29th. May we have the title read and call on Senator DeFrancisco.
ACTING PRESIDENT CARLUCCI:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 284, by Senator DeFrancisco, honoring the Jordan-Elbridge Marching Band upon the occasion of capturing the 2012 New York State Field Band Championship.
ACTING PRESIDENT CARLUCCI:Senator DeFrancisco.
SENATOR DeFRANCISCO: Thank you, Mr. President.
We're very honored today to have the Jordan-Elbridge Marching Band, the 2012 champions of the Small School 2 Class Division.
This was actually adopted in the Senate on January 29th and adopted in the Assembly on January 24th. It's taken us this long to get them here because they were all concerned about their studies. They didn't want to miss any classes until they were right near the end, because they're all good students. And we're happy that we finally were able to get them here.
But this is very interesting. This is a small school, it's in the Small School Division. They won the championship, the Governor's Cup, for the first time after trying for 14 years. So some of you were 2 years old when they first started trying. Or maybe 1, even.
And that shows perseverance, and it shows hard work and dedication to a goal. And those traits will do all of you well in your future lives. You'll need all of those characteristics to succeed in this world.
We owe special thanks to Band Director Katie Daniels, who's the leader of this band, and to her entire staff, and also to the parents and the community for encouraging you for all of these years to do well.
I play the saxophone, but I can't march and play it at the same time. I can only do one thing at the same time. I can't chew gum and hop on one foot at the same time either. But you can it at the same time, and you are the champs.
So congratulations to all of you. Welcome here. And we'll have pizza in a little while.
Thank you.
ACTING PRESIDENT CARLUCCI:Thank you, Senator DeFrancisco.
This resolution was previously adopted on January 29, 2013.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I'm disappointed that Senator DeFrancisco didn't tell the rest of us where the pizza is going to be.
(Laughter.)
SENATOR LIBOUS:Mr. President, I believe there is a resolution by you, Number 1919, at the desk. I ask that we read in its entirety and ask for its immediate adoption and then call on Senator Larkin.
But before the clerk does that, there's a lot of chatter in the chamber this morning. And I don't think we're being respectful to our guests who we're honoring. And if members need to talk, you can leave the chamber. We have nice chairs outside for you to sit in. If staff need to talk, you can leave the chamber, you can stand outside and talk.
But what we're doing here is very serious. We have some other guests that we want to honor, and at this time we're going to do that.
ACTING PRESIDENT CARLUCCI:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1999, by Senator Carlucci, memorializing Governor Andrew M. Cuomo to proclaim May 23, 2013, as Haitian Unity Day in the State of New York.
"WHEREAS, It is the sense of this Legislative Body, in keeping with its time-honored traditions, to recognize and pay tribute to those organizations which foster ethnic pride and enhance the profile of cultural diversity which strengthens the fabric of the communities of New York State; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to memorialize Governor Andrew M. Cuomo to proclaim May 23, 2013, as Haitian Unity Day in the State of New York; and
"WHEREAS, Haiti, located less than 700 miles from the United States of America, is the second nation in the Western Hemisphere, after the United States, to earn its independence, and has, since 1803, stood as a beacon of freedom as the first black-governed republic in the world; and
"WHEREAS, Haiti is one of the original members of the United Nations and several of its specialized and related agencies, as well as a member of the Organization of American States (OAS); and
"WHEREAS, On August 22, 1791, Haiti was the island nation where hundreds of thousands of enslaved persons initiated the most successful slave rebellion in history, under the military leadership of Francois Toussaint L'Ouverture, the grandson of an African chief, making the Haitian revolution a major turning point in the history of the world with repercussions extending far beyond the Caribbean nation; and
"WHEREAS, Haiti's victory against France redefined Napoleon's goals in the Western Hemisphere and so set the stage for the Louisiana Purchase, a single acquisition doubling the United States' size, giving the United States its heartland, control of the Mississippi River and the important port city of New Orleans on the Gulf of Mexico. The Louisiana Territory drew immigrants from all over Europe, transforming and strengthening the United States and the American people; and
"WHEREAS, For many years preceding the American Civil War, the Haitian Revolution had a substantial influence over many of the policies and laws in the United States that related to slavery, such as, in 1794 and 1800, the federal government passage of anti-slave trade laws to prevent the possible spread of the Haitian slave revolt to the United States; prohibiting citizens from equipping ships engaged in slave-trade commerce, barring Americans from serving aboard such ships or from having any interest in their voyages; and
"WHEREAS, In 1792, a number of measures taken to prevent a slave rebellion such as Haiti's in the United States were so brutal and inhumane that these acts drove and strengthened the crusade of the abolitionists in the United States, therefore having a profound influence on the movement that led to the Civil War; and
"WHEREAS, The Haitian Revolution ignited a ground-breaking change in the history of the modern world by enabling hundreds of thousands of African slaves worldwide and tens of thousands of free persons of color to find the wherewithal to unite in the quest for individual and collective liberty; and
"WHEREAS, Haitian people have migrated to the United States since the 1700s, resulting in approximately 200,000 Haitians residing in the State of New York; and
"WHEREAS, Our state enjoys a great legacy from the successors of freed Haitian slaves who came to the United States, notably Pierre Toussaint, the first layman now being proposed by the Catholic Church to become a saint, who arrived in New York in 1787, where he turned his home into a shelter for orphans, a credit bureau, an employment agency, and a safe haven for priests. Toussaint was a benefactor of the first New York City Catholic school for black children at St. Vincent de Paul on Canal Street. Toussaint also provided money to build a new Roman Catholic church in New York, which became old Saint Patrick's Cathedral on Mulberry Street; and
"WHEREAS, In October of 1995, Pope John Paul II, from the throne in the sanctuary of New York's Saint Patrick's Cathedral, publicly bestowed Pierre Toussaint with the suffix 'Venerable,' which is the second step towards becoming a saint in the Catholic Church, because Pierre Toussaint transcends race through his miracle and charitable acts as evidence that he is not a man limited in range and that his love for his neighbor is not restricted to race or tribe; and
"WHEREAS, Many other notable Haitians have made rich contributions to the nation, such as the Tuskegee-trained Raymond Cassagnol, who helped form the Haitian Air Force in the United States; Jean Baptiste Point Du Sable from San Marc, a Haitian immigrant who founded the first non-indigenous settlement in what is now Chicago, Illinois, where he established a community, attracted colonists to the area, and founded a trading post, which had a major impact on Chicago's early economy; and
"WHEREAS, John James Audubon, born in Haiti, inspired one of the founders of the Audubon Society, in the late 1800s, to name the society after John James Audubon because of his reputation and deep appreciation and concern for the natural world. To this day, the name Audubon remains synonymous with avian life, wildlife protection, and environmental conservation the world over; and
"WHEREAS, It is the practice of this Legislative Body to recognize those important days which remind us of the rich and diverse heritage of our great state and nation; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim May 23, 2013, as Haitian Unity Day in the State of New York, in honor of Haiti's legacy of liberty and justice throughout the world and in honor of the significant and countless contributions of New Yorkers of Haitian descent who have enriched our nation and our state; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Honorable Andrew M. Cuomo, Governor of the State of New York."
ACTING PRESIDENT CARLUCCI:Senator Larkin.
SENATOR LARKIN:Thank you, Mr. President.
Today we as Americans stand here tall, honoring and welcoming our brethren who came from Haiti. While the resolution talks about history, we should also be talking about today, about some of the things that they do in our communities.
I have a large Haitian population in the three counties that I represent. They are constituents that I'm proud of. Their contribution to our communities is second to none. Participating in the well-being and the future of the communities is quite obviously an eloquent representation of their children in our schools, where their children are rising up to be the future leaders of their own embodied community.
You know, we talk about someone going to be a saint, we talk about one of the Tuskegee Airmen, but we haven't talked about the individuals that I call the foot soldiers of the Haitian movement. Unity Day here in New York for the Haitian community is something we should all be proud of -- because when we start looking divisive among one another, we destroy one another. It's when we start looking at one another and saying, Let us be friends, let us be partners in making this the great state and country of the world.
Thank you for joining us today, gentlemen.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Larkin.
Senator Sanders.
SENATOR SANDERS:On the resolution.
I too am honored to have a large Haitian constituency in Southeast Queens. And the energy, the vibrancy that the community brings is second to none.
But second to none is the legacy of heroics that this community has done. That all freedom-loving people would have to applaud that they took on the armies of Napoleon's France, Spain, England and then France again, winning all of those at great cost, incredible cost.
This is something that flows through the veins of this population. And although we can speak of many magnificent things in days gone by, I personally believe that the greatest contributions of the Haitian people lie ahead of us. Indeed, to this very room that you helped bring many of these people to may be the next Toussaint. In fact, we need an opening right around now.
Thank you very much.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Sanders.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT CARLUCCI:Opposed, nay.
(No response.)
ACTING PRESIDENT CARLUCCI:The resolution is adopted.
And we want to thank the students from East Ramapo, from Ramapo and Spring Valley High School for joining us here today to celebrate Haitian Unity Day. Thank you for being here.
(Applause.)
SENATOR LIBOUS:Mr. President, I believe you would like the resolution opened up to all the members of the house, so we will do so. Everybody will be put on as a cosponsor unless you wish not to be put on, and then please let the desk know.
ACTING PRESIDENT CARLUCCI:The resolution is open for cosponsorship. If you do not wish to be a cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe there's another resolution at the desk, Number 2001, by Senator Kennedy. Could I ask that the title be read and then call on Senator Kennedy before its immediate adoption.
ACTING PRESIDENT CARLUCCI:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2001, by Senator Kennedy, mourning the death of Ann Billittier, distinguished citizen and devoted member of her community.
ACTING PRESIDENT CARLUCCI:Senator Kennedy.
SENATOR KENNEDY:Thank you very much, Mr. President.
On May 11, 2013, Buffalo and New York State lost a true icon, Ann Billittier. She was 83 years old and had a beautiful long life and died shortly following an illness.
When people think of Buffalo, they often think of our cuisine. I firmly believe we have one of the greatest cuisines in all the world. And when you talk about the landmarks you need to visit in Buffalo, you talk about the unique restaurants. Well, one of those landmarks stands at the corner of Seneca and Chicago Street in the City of Buffalo: Chef's Restaurant.
Chef's has become one of the most iconic family restaurants in Western New York. Everybody knows Chef's. And if you haven't been there, it's probably on your list of places to try. Like the restaurant slogan says, it's a place where family and friends meet to eat.
A force behind the success of Chef's Restaurant has been Ann Billittier. Along with her husband Louis Billittier, Ann co-owned Chef's Restaurant for years. She and her husband grew the restaurant and built its fame and reputation for great eats. They were committed to their family, their business, their nation and their community.
In the 1950s, when Louis served our nation in the Korean War, Ann watched over the restaurant and managed its success. What began as a simple restaurant Ann and Lou helped build into a well-known regional landmark.
Her accomplishments extend far beyond Chef's famous Italian family-style cuisine. With her faith and dedicated membership at St. Francis of Assisi Catholic Church, Ann was committed to helping others. Ann founded the Louis J. Billittier Foundation in honor of her late husband and gave financial support to so many local organizations.
Ann was often seen at charity events in Buffalo. Events for the Buffalo Hearing and Speech Center, or the Bornhava school for children with special needs, or many other causes, she would be there. You could always count on Ann.
I commend her hard work and the dedication of Ann Billittier, not only as an accomplished businesswoman but also as a compassionate person who always put the well-being of her family and her community first.
I extend my sympathies to Ann Billittier's family, and I thank them for their ongoing commitment to the Western New York community. She will surely be missed.
Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Kennedy.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT CARLUCCI:Opposed, nay.
(No response.)
ACTING PRESIDENT CARLUCCI:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
And I believe Senator Kennedy would like to open the resolution up to all members of the house, which we will do so. If a member wishes not to be on the resolution, please let the desk know.
ACTING PRESIDENT CARLUCCI:The resolution is open for cosponsorship. If you do not wish to be a cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
At this time could we take up the reading of the noncontroversial calendar.
ACTING PRESIDENT CARLUCCI:The Secretary will read.
THE SECRETARY:Calendar Number 395, substituted earlier by Member of the Assembly Wright, Assembly Bill 6658, an act to amend the Real Property Tax Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Stavisky to explain her vote.
SENATOR STAVISKY:Mr. President, I just want to briefly comment on this bill.
The people who own shareholders and co-ops and the ownership is in trust were left out of the original bill that we did several months ago. This is the same benefit that's extended to people who have the STAR exemption, the senior citizen exemptions, the veterans exemptions and so on. And the trust ownership concept was inadvertently left out of the original bill.
And I vote aye.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Stavisky.
Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 555, by Senator LaValle, Senate Print 2486, an act to amend the Executive Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:In relation to Calendar Number 555, those recorded in the negative are Senators Dilan, Espaillat, Gianaris, Gipson, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sampson, Sanders and Serrano. Also Senator Squadron.
Ayes, 46. Nays, 14.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 617, by Senator LaValle --
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT CARLUCCI:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 618, by Senator Golden, Senate Print 3762, an act to amend the Correction Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 56. Nays, 4. Senators Hassell-Thompson, Montgomery, Perkins and Rivera recorded in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 621, by Senator Grisanti, Senate Print 3947, an act to amend the Public Health Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 623, by Senator Felder, Senate Print 4518, an act to amend the Domestic Relations Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 30th day.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 625, by Senator Skelos, Senate Print 5069, an act to amend the Domestic Relations Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 627, by Senator Kennedy, Senate Print 530, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Kennedy to explain his vote.
SENATOR KENNEDY:Thank you very much, Mr. President.
I want to thank my colleagues on both sides of the aisle for your staunch support of Jay J's Law, passing this here today. I want to thank the Democratic Conference and the leadership of Senator Andrea Stewart-Cousins for helping to drive this initiative.
I want to make a clear recognition of the leadership of Senators Klein and Skelos for bringing this to the floor today. This is essential that we get this passed today, we get passed today to drive this initiative forward. Last year we passed this unanimously. It passed through committee unanimously this past week. We have a short time frame through which we can get this law passed.
For those of you that don't recall, Jay J is the little boy who stood in this chamber with his family last year. He suffered a brutal act of violence at the hands of his own father, who at only weeks old broke 11 bones in his body. His father was given a light sentence of 1 1/3 to 4 years in prison when he had previously beaten another one of his children and broken another one of his children's bones, but that was four years earlier. The look-back window only allowed a three-year look-back.
This extends the look-back window to 10 years. It also increases penalties for repeat child abuse. These violent criminal acts against the most vulnerable individuals in our society cannot and must not go unpunished.
By passing this law today, we will create justice for Jay J, but we will also set a precedent in this chamber that we cannot wait any longer. And we will send a message to our colleagues on the other side of this chamber that they must act immediately. There is no more excuses and there is no more time to wait. It is this year that this legislation must be passed.
And again, I thank my colleagues on both sides of the aisle and the leadership for bringing this to the floor today so that we can bring attention to this extremely important matter that will help save lives and help protect children -- 80,000 of which in New York State alone, in 2010, were abused and neglected. Ten children die in the United States every single day to abuse and neglect. We will be a leader once again on this issue.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Kennedy.
Senator Maziarz to explain his vote.
SENATOR MAZIARZ:Thank you. Thank you very much, Mr. President. I rise to vote aye and support this legislation.
This is the second time the Senate, I assume unanimously, is going to pass this bill. Hopefully unanimously.
It is shameful that the other house would go home this year and not pass this bill. Of all the pieces of paper we see piled up on our desks, legislation, if there was one bill, just one bill that we had to pick out to say this is the one that we absolutely want, this would be the bill.
This story is horrific. This individual beat his own son, broke several bones in his own son when he was just a little baby. That was the first one. Then he did it again to Jay J.
The county court judge in Niagara County, Judge Sara Sheldon Sperrazza, has seen the worst criminal cases come before her: murderers, rapists, people that beat elderly people up. This is the only case where she broke down sobbing when she had to sentence this individual to just a little over a year for beating his own child multiple times.
The nurses at the hospital testified that when they did the x-rays on this baby, that several of the bones had been broke for months. For months. This baby had to be in absolute pain, at the hands of its own father.
If this bill came up for a vote in the Assembly, it would pass easily with 150 votes. Nobody would dare vote against this bill. The real question is to get the leadership in the Assembly. You know, if they want some goodwill in this state, this is the bill to pass.
I vote in the affirmative. Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Maziarz.
Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 629, by Senator Robach, Senate Print 1016, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Robach to explain his vote.
SENATOR ROBACH:Yes, Mr. President, just very briefly. Thank you for the support of this. And I'm hoping that we can get this passed in the other house.
This is a very, very important piece of legislation. It not only occurs in my district, but across the state. This bill came from an incident where individuals wanting to steal copper, of all things, a couple of hundred dollars' worth of copper, drilled into that to empty over a million dollars' worth of damage into Lake Ontario at a power plant in my district, which then the Department of Environmental Conservation, the taxpayers of New York, have to pay that million dollars to clean up. And even if they're lucky enough to apprehend those individuals, the current penalties and fines don't even measure anything close.
And whether it's dumping asbestos shingling in public or private lands, tires, all this, this is one if we want to get serious not only should the punishment fit the crime, but also we should be doing more to protect the environment. And this goes a long way to do that.
So I am hopeful and appreciate the support here for this bill today for the second year in a row. If anyone would like to help me get the bill passed in the other house, I would gladly accept that and think it would be very good for the environment and all New Yorkers.
Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Robach.
The Secretary will announce the result.
THE SECRETARY:Ayes, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 630, by Senator Perkins, Senate Print 1222, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 631, by Senator Carlucci, Senate Print 1982, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 632, by Senator Golden, Senate Print 2173A, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 633, by Senator Klein, Senate Print 2266, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 12. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 634, by Senator Golden, Senate Print 2748, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 635, by Senator Young, Senate Print 3378, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 636, by Senator Griffo, Senate Print 3871, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:In relation to Calendar Number 636, those recorded in the negative are Senators Hassell-Thompson, Hoylman, Krueger, Montgomery, Rivera and Sanders.
Ayes, 54. Nays, 6.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 637, by Senator Bonacic, Senate Print 4042, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
Oh, I'm sorry. Senator Bonacic to explain his vote.
SENATOR BONACIC:This was a court administration bill. I just wanted to highlight it for the members.
What's been happening nationally and at the state level is what we call paper terrorism. People that have been aggrieved by judicial decisions or the duties of public officials have filed these frivolous liens against public officials and judges, whether it comes from people that don't believe in the government, whether it comes from those that are in prison or just everyday citizens that are not happy with what judges have done.
This is an expedited process that helps public officials and judges get rid of these liens that are meant for the sole purpose to intimidate, harass, and make the lives of public officials and judges miserable.
So this is the bill. It's called paper terrorism. It's starting to spread throughout the whole country. And we hope to pass it in the Assembly and at least give elected officials and judges an opportunity not to have their credit rating destroyed or be harassed with multiple liens on whatever assets they may own.
So I thank the members and colleagues for their support.
Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Bonacic.
The Secretary will announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 638, by Senator Lanza, Senate Print 4162, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 640, by Senator Nozzolio, Senate Print 4941, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:In relation to Calendar Number 640, those recorded in the negative are Senators Gipson, Hassell-Thompson, Krueger, Montgomery, Rivera, Sanders and Tkaczyk.
Ayes, 53. Nays, 7.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 641, by Senator Nozzolio, Senate Print 5125, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 707, by Senator Avella, Senate Print 323, an act to amend the Correction Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 713, by Senator Parker, Senate Print 910, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CARLUCCI: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 CARLUCCI:There is no further business at the desk.
SENATOR LIBOUS:All right, Mr. President. Seeing there to be no further business, I have a very important announcement to make.
There being no further business at the desk, I move that we adjourn until Wednesday, May 29th, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT CARLUCCI:On motion, the Senate stands adjourned until Wednesday, May 29th, at 3:00 p.m., intervening days being legislative days.
(Whereupon, at 12:01 a.m., the Senate adjourned.)
Highest impact first.
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