Gaveled in 3:26 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 29, 2013
3:26 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask all present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Mr. President, before we do our prayer today, we lost a dear friend and a former member of this chamber, Senator Caesar Trunzo. Could we please have a moment of silence in honor of Senator Trunzo.
ACTING PRESIDENT GRIFFO:I would ask all members and those in the audience to continue to stand and to reflect on the memory of the late Senator Caesar Trunzo.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:Today's prayer will be offered by Rabbi Josh Joseph, of Yeshiva University in New York City.
Rabbi?
RABBI JOSEPH:Almighty and most merciful God, thank You for the gift of memory.
Henry Molaison was a man with no memory. After suffering multiple epileptic seizures, he underwent an experimental procedure which effectively terminated his ability to form memories. Imagine just for a moment such an existence -- trapped forever in one singular moment in time, unable to understand the context of one's life, the history of one's reality, the past of one's present.
Father in heaven, You have blessed us with the sacred gift of our memory. Allow us to never take it for granted. You in Your infinite wisdom designed memory as a reminder of not only who we are but why we are. We remember as individuals, as peoples, as countries.
Dear and benevolent God, just two short days ago this country observed its Memorial Day, a day in which we recalled the lives lost of those who valiantly defended this country -- our country -- from its enemies. We remembered those who willingly paid the ultimate sacrifice in securing and advancing freedom.
More than just a day off from work spent shopping or at a barbecue, Americans took the time to recall the foundational values of freedom, tolerance and opportunity, which define this magnificent country and the tremendous cost at which that freedom has been protected and maintained.
Almighty God, allow us to never forget where we came from. In this age of constant communication, in which constantly updated Twitter feeds and news cycles compel us to live in the now, in which anything and everything is rendered obsolete without a moment's notice, allow us to appreciate the context of our existence which our faith and values afford us.
Kahlil Gibran, a Lebanese-American artist, poet and writer, once remarked that yesterday is but today's memory and tomorrow is today's dream.
Merciful God, enable the men and women of this Senate to do their important work with skill, passion, and reason, with eyes aimed towards dreams of tomorrow while informed by the memory of yesterday. Allow them to lead us into the future while forever learning from the lessons of our past.
And let us say amen.
ACTING PRESIDENT GRIFFO:Thank you, Rabbi Joseph.
The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, May 28th, the Senate met pursuant to adjournment. The Journal of Monday, May 27th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 9, Senator Fuschillo moves to discharge, from the Committee on Transportation, Assembly Bill Number 31 and substitute it for the identical Senate Bill Number 776, Third Reading Calendar 62.
ACTING PRESIDENT GRIFFO:So ordered.
THE SECRETARY:On page 23, Senator Griffo moves to discharge, from the Committee on Consumer Protection, Assembly Bill Number 6234 and substitute it for the identical Senate Bill Number 4363, Third Reading Calendar 450.
ACTING PRESIDENT GRIFFO:So ordered.
THE SECRETARY:On page 33, Senator Lanza moves to discharge, from the Committee on Education, Assembly Bill Number 833 and substitute it for the identical Senate Bill Number 2283, Third Reading Calendar 643.
ACTING PRESIDENT GRIFFO:So ordered.
May I have some order in the chamber, please.
The Secretary will continue.
THE SECRETARY:On page 33, Senator Flanagan moves to discharge, from the Committee on Education, Assembly Bill Number 6712 and substitute it for the identical Senate Bill Number 5134, Third Reading Calendar 645.
ACTING PRESIDENT GRIFFO:So ordered.
THE SECRETARY:On page 34, Senator Klein moves to discharge, from the Committee on Finance, Assembly Bill Number 2893 and substitute it for the identical Senate Bill Number 2439, Third Reading Calendar 650.
ACTING PRESIDENT GRIFFO:So ordered.
THE SECRETARY:On page 34, Senator DeFrancisco moves to discharge, from the Committee on Finance, Assembly Bill Number 4772C and substitute it for the identical Senate Bill Number 3435C, Third Reading Calendar 653.
ACTING PRESIDENT GRIFFO:So ordered.
THE SECRETARY:On page 37, Senator Nozzolio moves to discharge, from the Committee on Housing, Construction and Community Development, Assembly Bill Number 884 and substitute it for the identical Senate Bill Number 5071, Third Reading Calendar 676.
ACTING PRESIDENT GRIFFO:So ordered.
THE SECRETARY:And on page 38, Senator Bonacic moves to discharge, from the Committee on Transportation, Assembly Bill Number 5176 and substitute it for the identical Senate Bill Number 3935, Third Reading Calendar 686.
ACTING PRESIDENT GRIFFO: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:Mr. President, would you call on Senator Gianaris, please.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Montgomery, on page number 23 I offer the following amendments to Calendar Number 442, Senate Print 1420, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR GIANARIS:On behalf of Senator Addabbo, on page number 27 I offer the following amendments to Calendar 512, Senate Print 4403, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are also received, and the bill shall retain its place on third reading.
SENATOR GIANARIS:On behalf of Senator Dilan, on page number 8 I offer the following amendments to Calendar Number 10, Senate Print 390, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR GIANARIS:On behalf of Senator Avella, on page number 30 I offer the following amendments to Calendar Number 567, Senate Print 4544A, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR GIANARIS:And finally, Mr. President, on behalf of Senator Espaillat, on page number 36 I offer the following amendments to Calendar 674, Senate Print 1740, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are also received, and the bill shall retain its place on third reading.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
On behalf of Senator Maziarz, on page 10 I offer the following amendments to Calendar Number 101, Senate Print 2512A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR LIBOUS:On behalf of Senator Maziarz, I wish to call up his bill, Print Number 3806B, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 102, by Senator Maziarz, Senate Print 3806B, an act to amend the Energy Law.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Mr. President, I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 53.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
Senator Libous.
SENATOR LIBOUS:Mr. President, I have a number of amendments to send to the order of third reading:
Senator Gallivan, on page 10, Calendar Number 74, Senate Print 583B.
Senator Lanza, page 13, Calendar Number 198, Senate Print 3702.
Senator Seward, page 13, Calendar Number 206, Senate Print 4171A.
A very important one: Senator Libous, page 13, Calendar Number 208, and it's Senate Print 4191.
Senator Marcellino, page 17, Calendar Number 314, Senate Print 4126.
Senator Nozzolio, page 18, Calendar Number 338, Senate Print 3298.
Senator Golden, page 19, Calendar Number 360, Senate Print 2094.
Senator Ritchie, page 21, Calendar Number 406, Senate Print 4299.
Senator Golden, page 22, Calendar Number 436, Senate Print 3851.
Senator LaValle, page 36, Calendar Number 669, Senate Print 4873.
And last but not least, Senator Lanza, page 39, Calendar 700, Senate Print 4960.
Mr. President, I move that these bills retain their place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:All the amendments have been received, and the bills shall retain their place on third reading.
Senator Libous.
SENATOR LIBOUS:Mr. President, there will be an immediate meeting of the Finance Committee in Room 332. There will be an immediate meeting of the Finance Committee in Room 332.
The Senate will not stand at ease. We have some resolutions that we will take up while the Finance Committee is meeting.
So when Finance is complete, we would ask members to come back to the chamber.
ACTING PRESIDENT GRIFFO:There's an immediate meeting of the Senate Finance Committee in Room 332. The Senate will continue in session on resolutions.
Senator Libous.
SENATOR LIBOUS:Mr. President, we will just pause a moment to let members leave the chamber because sometimes that's a little noisy, their shoes squeak, and the doors are open.
Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:If we could have a little order in the house, I'd like to proceed.
ACTING PRESIDENT GRIFFO:Can we have some order in the chamber, please.
SENATOR LIBOUS:Thank you, Mr. President.
There's a resolution at the desk by Senator Marchione. It is Resolution Number 1769. It was previously adopted by this house on May 21st. Could we call the resolution up, read it in its entirety, and call on the good Senator, please.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1769, by Senator Marchione, commending Jimmy Landry of Stillwater, New York, in recognition of his heroic action in performing the live saving Heimlich maneuver to save a fellow classmate.
"WHEREAS, It is the custom of this Legislative Body to acknowledge the heroic acts of young citizens who voluntarily take immediate and appropriate action to safeguard the health and safety of others; and
"WHEREAS, Jimmy Landry of Stillwater, New York, is a sixth grader at Stillwater Middle School; and
"WHEREAS, In his first-period class at Stillwater Middle School, 12-year-old Jimmy Landry heard a cough from a nearby classmate and observed the classmate clutching his throat, strangling and gasping 'Help me'; and
"WHEREAS, Jimmy Landry immediately hurried to his classmate's assistance and performed a life-saving Heimlich maneuver; and
"WHEREAS, The courageous and quick actions of Jimmy Landry of Stillwater, New York, accomplished with consummate skill and distinguished bravery, are an inspiration to his fellow New Yorkers; and
"WHEREAS, Through his voluntary commitment to respond as a concerned citizen, and to protect and safeguard the safety and welfare of his neighbors and community, Jimmy Landry has unselfishly contributed to the advancement of that spirit of united purpose and shared concern which is the cornerstone of community life in this state and nation; and
"WHEREAS, It is the sense of this Legislative Body that when an act of such heroism is brought to our official attention, the same should be memorialized for the edification and emulation of all; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commend Jimmy Landry of Stillwater, New York, in recognition of his heroic action in performing the lifesaving Heimlich maneuver to save a fellow classmate; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Jimmy Landry."
ACTING PRESIDENT GRIFFO:Senator Marchione.
SENATOR MARCHIONE:Thank you, Mr. President. I rise for the purposes of an introduction.
They say a hero can come in many shapes and sizes. We can now add ages to that description of a hero. Joining us today is Jimmy Landry, a 12-year-old constituent from my 43rd Senate District. Jimmy Landry is a very bright, exceptional young man whose quick thinking and quick action saved the life of a classmate.
I share the following details of Jimmy Landry's heroism courtesy of an article by Jennie Grey, a reporter with The Saratogian newspaper that serves my district. Jimmy Landry is 12 years old and a 6th grader at Stillwater Middle School in my Senate district. Back in March, Jimmy was in first period with 20 other children when a friend who was finishing breakfast began to cough and clutch his throat.
While some of his classmates were unaware, confused and scared, Jimmy took quick and decisive action that saved his friend's life. Jimmy quickly went to his friend and performed the Heimlich maneuver, a lifesaving technique that has saved countless choking victims, as described and depicted by posters in the school cafeteria. Jimmy performed the lifesaving move perfectly and saved the life of his friend who previously had been choking. Afterward, Jimmy's friend kept telling him "Thank you, thank you, thank you," a sentiment that we all share.
As part of his reward for saving his friend's life, Jimmy received hot cocoa and two doughnuts from his high school principal. Jimmy gave one of those doughnuts to his friend whose life he had saved, but he did tell him that he'd better not choke on it.
Jimmy's mother, Jen Colarusso, described Jimmy as "a 40-year-old-man in a 12-year-old body," in that he is incredibly aware of what is happening around him. Jimmy's aptitude testing shows he is very bright and could work in challenging fields such as mechanical or nuclear engineering, although his mother says Jimmy should own a business since, in her words, "he likes to be in charge."
Whatever career path Jimmy takes, one thing is certain. He is a true hero with a bright and promising future ahead of him. I have no doubt that Jimmy Landry will be very successful at whatever he sets his mind to. Jimmy enjoys Ski Club, Outdoor Club and LEGOs. He also likes cars and he enjoys building things.
Jimmy Landry is visiting us today with his grandfather, Rick Pellett, and his mom and dad.
Mr. President and my colleagues, please join me in offering our deepest appreciation and praise for my constituent Jimmy Landry for his bravery and decisiveness that saved a friend's life.
Jimmy, you are a true hero. Thank you for making a positive difference.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Marchione.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:The resolution was adopted on May 21st.
We welcome Jimmy and his family to the chambers today. Congratulations, Jimmy, very well done. And good luck to you.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Mr. President, I believe there are three previously adopted resolutions by Senator O'Brien. They are numbers 1992, 1993 and 1994. And we would like the three of them read in their entirety, and then I believe Senator O'Brien would like to speak on them.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1992, by Senator O'Brien, commending Mawia Elawad of the School of Arts High School in Rochester, New York, upon the occasion of her outstanding scholarship and pursuit of higher education.
"WHEREAS, It is the sense of this Legislative Body to act in accord with its long-standing traditions, honoring the youth of today and leaders of tomorrow, whose character and achievements best exemplify ideals and values cherished by this great state and nation; and
"WHEREAS, It is also the custom of this Legislative Body to commend and pay tribute to those people who, by achieving outstanding success in their educational endeavors, have inspired and brought pride to our majestic Empire State; and
"WHEREAS, Mawia Elawad will graduate from the School of Arts High School in Rochester, New York, in June of 2013, and will be attending Alfred University in the fall; and
"WHEREAS, An international student from Sudan, Mawia Elawad is a recipient of an acceptance to an excellent institution of higher learning; she will be the first person in her family to attend college; and
"WHEREAS, Mawia Elawad has so eminently displayed ability, talent and maturity so rarely attained in youthful years; and
"WHEREAS, This occasion presents a unique opportunity for this Legislative Body to commend Mawia Elawad upon the occasion of her outstanding scholarship and pursuit of higher education; and
"WHEREAS, Recognizing the value of her learning experience, as well as the fruits of her dedicated labor, Mawia Elawad now stands with poise and purpose to face the challenges of an exciting and meaningful new experience in higher education; and
"WHEREAS, It is appropriate to celebrate the individual accomplishments of remarkable students in this great Empire State; and
"WHEREAS, This Legislative Body is justly proud to recognize and applaud Mawia Elawad on her noteworthy educational endeavors; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commend Mawia Elawad of the School of Arts High School in Rochester, New York, upon the occasion of her outstanding scholarship and pursuit of higher education; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Mawia Elawad."
ACTING PRESIDENT GRIFFO:The Secretary will continue to read.
THE SECRETARY:Legislative Resolution 1993, by Senator O'Brien, commending Junwan Ge of the School of Arts High School of Rochester, New York, upon the occasion of her outstanding scholarship and pursuit of higher education.
"WHEREAS, It is the sense of this Legislative Body to act in accord with its long-standing traditions, honoring the youth of today and leaders of tomorrow, whose character and achievements best exemplify ideals and values cherished by this great state and nation; and
"WHEREAS, It is also the custom of this Legislative Body to commend and pay tribute to those people who, by achieving outstanding success in their educational endeavors, have inspired and brought pride to our majestic Empire State; and
"WHEREAS, Junwan Ge will graduate from the School of Arts High School in Rochester, New York, in June of 2013, and will be attending University at Buffalo in the fall; she maintained a 4.0 grade point average in high school; and
"WHEREAS, An international student from China, Junwan Ge is a recipient of an acceptance to an excellent institution of higher learning; she will be the second child in her family to attend college; and
"WHEREAS, Junwan Ge has so eminently displayed ability, talent and maturity so rarely attained in youthful years; and
"WHEREAS, This occasion presents a unique opportunity for this Legislative Body to commend Junwan Ge upon the occasion of her outstanding scholarship and pursuit of higher education; and
"WHEREAS, Recognizing the value of her learning experience, as well as the fruits of her dedicated labor, Junwan Ge now stands with poise and purpose to face the challenges of an exciting and meaningful new experience in higher education; and
"WHEREAS, It is appropriate to celebrate the individual accomplishments of remarkable students in this great Empire State; and
"WHEREAS, This Legislative Body is justly proud to recognize and applaud Junwan Ge for her noteworthy educational endeavors; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commend Junwan Ge of the School of Arts High School in Rochester, New York, upon the occasion of her outstanding scholarship and pursuit of higher education; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Junwan Ge."
ACTING PRESIDENT GRIFFO:The Secretary will continue to read.
THE SECRETARY:Legislative Resolution Number 1994, by Senator O'Brien, commending Julia Otchych of the School of Arts School in Rochester, New York, upon the occasion of her outstanding scholarship and pursuit of higher education.
"WHEREAS, It is the sense of this Legislative Body to act in accord with its long-standing traditions, honoring the youth of today and leaders of tomorrow, whose character and achievements best exemplify ideals and values cherished by this great state and nation; and
"WHEREAS, It is also the custom of this Legislative Body to commend and pay tribute to those people who, by achieving outstanding success in their educational endeavors, have inspired and brought pride to our majestic Empire State; and
"WHEREAS, Julia Otchych will graduate from the School of Arts High School in Rochester, New York, in June of 2013, and will be attending SUNY Oswego in the fall; and
"WHEREAS, An international student from the Ukraine, Julia Otchych is a recipient of an acceptance to an excellent institution of higher learning; she will be the first person in her family to attend college; and
"WHEREAS, Julia Otchych has so eminently displayed ability, talent and maturity so rarely attained in youthful years; and
"WHEREAS, This occasion presents a unique opportunity for this Legislative Body to commend Julia Otchych upon the occasion of her outstanding scholarship and pursuit of higher education; and
"WHEREAS, Recognizing the value of her learning experience, as well as the fruits of her dedicated labor, Julia Otchych now stands with poise and purpose to face the challenges of an exciting and meaningful new experience in higher education; and
"WHEREAS, It is appropriate to celebrate the individual accomplishments of remarkable students in this great Empire State; and
"WHEREAS, This Legislative Body is justly proud to recognize and applaud Julia Otchych for her noteworthy educational endeavors; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commend Julia Otchych of the School of Arts High School in Rochester, New York, upon the occasion of her outstanding scholarship and pursuit of higher education; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Julia Otchych."
ACTING PRESIDENT GRIFFO:Senator O'Brien.
SENATOR O'BRIEN:Thank you, Mr. President.
I would like to take an additional moment to acknowledge these three very special young people who have traveled here from Rochester today. I'm proud to present Mawia Elawad, Junwan Ge, and Julia Otchych. All three, as has been said, are students at Rochester School of the Arts, a public magnet high school in the City of Rochester.
They have something even more important in common. All three are first-generation Americans who worked hard and studied to become naturalized citizens, and all three are members of the first generation of their families to go to college.
All three students are on track to graduate high school in a few weeks and are preparing to attend excellent New York State institutions of higher learning this fall. Mawia, whose family is Sudanese, will be attending Alfred University. Junwan, whose family is Chinese, is heading for the University of Buffalo. And Julia, whose family is Ukrainian, will study at SUNY Oswego.
It's truly inspiring to me to see these three students following the American dream by pursuing higher education at great institutions of higher learning. Our modern economy now demands knowledge workers, people capable of creative problem-solving and generating innovative new ideas. It is creative problem-solvers who are going to help remake the Empire State. And I feel confident that these three friends here are on the right track towards joining these ranks.
At every stage in our history, newcomers to this country have been instrumental in every major new field of study or accomplishment. I am very proud to both represent these outstanding young people and to also call them fellow New Yorkers and Americans. I wish them the best of luck in their studies and ask you to all please join me in recognizing them for their accomplishments.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Thank you, Senator O'Brien.
As indicated, the resolutions have previously been adopted.
We welcome the students, congratulate them, and wish them the best of luck.
Senator Libous.
SENATOR LIBOUS:Mr. President, if Finance has concluded, which I just got the nod that it has not, when it does conclude, we're going to call an immediate meeting of the Rules Committee.
Until then, we'll just kind of stand at ease, and then we'll make the announcement when Finance has concluded.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee following the entrance of the Finance Committee.
The Senate will stand temporarily at ease.
(Whereupon, the Senate stood at ease at 3:53 p.m.)
(Whereupon, the Senate reconvened at 4:04 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I'm told that the Finance Committee has finished their meeting, and that the Rules Committee will now meet in Room 332. So there will be an immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332.
The Senate will stand at ease.
SENATOR LIBOUS:Thank you, Mr. President.
(Whereupon, the Senate stood at ease at 4:05 p.m.)
(Whereupon, the Senate reconvened at 4:39 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
SENATOR LIBOUS:Mr. President, can we please go back to motions for a second.
ACTING PRESIDENT GRIFFO:I would ask for some order in the chamber, please.
Senator Libous, we'll return to motions and resolutions.
SENATOR LIBOUS:On behalf of Senator Young, I wish to call up her bill, 4578, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 472, by Senator Young, Senate Print 4578, an act to amend Chapter 321 of the Laws of 2011.
SENATOR LIBOUS:Mr. President, I move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR LIBOUS:Mr. President, I believe there's a report of the Rules Committee at the desk. Can we move to accept the report of the Rules Committee.
ACTING PRESIDENT GRIFFO:The Rules Committee report is at the desk.
The Secretary will read.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 552, by Senator DeFrancisco, an act to amend the Social Services Law;
Senate 918, by Senator Serrano, an act to amend the Parks, Recreation and Historic Preservation Law;
Senate 1885A, by Senator Bonacic, an act to amend the Town Law;
Senate 2478, by Senator Lanza, an act to amend the Judiciary Law;
Senate 2611, by Senator Young, an act to amend the Social Services Law;
Senate 2617A, by Senator Young, an act to amend the Social Services Law;
Senate 3037, by Senator DeFrancisco, an act to amend the Judiciary Law;
Senate 3081, by Senator Young, an act to amend the Municipal Home Rule Law;
Senate 4114, by Senator Golden, an act to amend the Social Services Law;
Senate 4821, by Senator Gallivan, an act to amend the Correction Law;
Senate 5066, by Senator Savino, an act to amend Chapter 436 of the Laws of 1997;
Senate 5167, by Senator Grisanti, an act to amend the Not-For-Profit Corporation Law;
Senate 5324A, by Senator Maziarz, an act to amend the Social Services Law;
And Senate 5559, by Senator Martins, an act to amend Part X of Chapter 62 of the Laws of 2003.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Rules report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The Rules report is accepted.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
At this time I'd like to do the reading of the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 17, by Senator Marcellino, Senate Print 1511A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 33, by Senator Grisanti, Senate Print 292, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 3. Senators Espaillat, Perkins and Serrano recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 62, substituted earlier by Member of the Assembly Rosenthal, Assembly Print 31, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 79, by Senator Marcellino, Senate Print 1516A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 79, those recorded in the negative are Senators Dilan, Espaillat, Hassell-Thompson, Hoylman, Montgomery, Parker, Perkins, Rivera and Serrano.
Ayes, 52. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 90, by Senator Hassell-Thompson, Senate Print 3338, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 146, by Senator Seward, Senate Print 3084A, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 161, by Senator Flanagan, Senate Print 3726, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 162, by Senator Flanagan, Senate Print 3727, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 165, by Senator Lanza, Senate Print 2177, an act to amend Chapter 759 of the Laws of 1973.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 218, by Senator Libous, Senate Print 976, an act to amend the Civil Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Sanders recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 286, by Senator Zeldin, Senate Print 3823B, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 2. Senators Espaillat and Serrano recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Also Senator Perkins. Ayes, 58. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 303, by Senator Maziarz, Senate Print 1081A, an act to amend the New York State Urban Development Corporation Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Espaillat to explain his vote.
SENATOR ESPAILLAT:Thank you, Mr. President.
Once again we have another bill before us, dozens of bills have been taken up to assist the agricultural, in this case the dairy farms in our state. Yet farmworkers continue not to get a day's rest. They continue not to get paid overtime in many of these farms. They continue not to have the right to collectively bargain. They work under very serious, very damaging conditions.
And as we continue to assist in this case the dairy farms by allowing them grants and low-interest loans so they can have energy efficient improvements, these men and women continue to perish and live under inhumane conditions in these farms. I will continue to vote no on this bill until we take up the farmworkers bill this session.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Espaillat to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 323, by Senator Martins, Senate Print 932, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 2. Senators DeFrancisco and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 329, by Senator Nozzolio, Senate Print 3752, an act authorizing.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 329: Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 342, by Senator Fuschillo, Senate Print 4245, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 360 was amended earlier today. The bill is high and we will not be acting on it. The Secretary will read --
SENATOR LIBOUS:Just say the bill is high.
ACTING PRESIDENT GRIFFO:The bill is high.
The Secretary will read Calendar 450.
THE SECRETARY:Calendar Number 450, substituted earlier by Member of the Assembly Robinson, Assembly Print 6234, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 450, those recorded in the negative are Senators Avella, Ball, Espaillat, Felder, Fuschillo, Montgomery, Perkins, Robach, Sanders and Serrano.
Ayes, 51. Nays, 10.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 451, by Senator Maziarz, Senate Print 4494A, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 452, by Senator Young, Senate Print 2049B, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 471, by Senator Marchione, Senate Print 4553A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 514, by Senator Martins, Senate Print 4681A, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 519, by Senator Robach, Senate Print 1017, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 525, by Senator O'Mara, Senate Print 3473, an act to amend the Tax Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 550, by Senator Lanza, Senate Print 2142, an act to prohibit the expenditure of state and local funds.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 554, by Senator Klein, Senate Print 2372, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 642, by Senator Grisanti, Senate Print 868, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 642, those recorded in the negative are Senators Adams, Avella, Breslin, Dilan, Espaillat, Gianaris, Gipson, Hassell-Thompson, Hoylman, Kennedy, Krueger, Latimer, Montgomery, O'Brien, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins, and Tkaczyk.
Ayes, 37. Nays, 24.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 643, substituted earlier by Member of the Assembly O'Donnell, Assembly Print Number 833, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 645, substituted earlier by Member of the Assembly Maisel, Assembly Print Number 6712, an act to amend Chapter 552 of the Laws of 1995.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 650, substituted earlier by Member of the Assembly Crespo, Assembly Print Number 2893, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 651, by Senator Martins, Senate Print 3141, an act to amend.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 653, substituted earlier by Member of the Assembly Magnarelli, Assembly Print Number 4772C, an act to amend Chapter 58 of the Laws of 2006.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 654, by Senator O'Mara, Senate Print 3471, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I am voting no on this bill because, when we give a tax exemption, the message is clear: We want to incentivize the use of that product. And in fact in the 21st century we don't want to incentivize the use of petroleum products, we want to incentivize sustainable, green, alternative energy options for businesses. And in fact we offer quite an array of NYSERDA grants and tax incentives for businesses to retrofit and modernize their facilities.
So in fact by creating a petroleum product tax exemption, we are actually working against our other pro-environmental models that we have worked to create, so we are going to lose the state money. We are going to offer a counterproductive incentive for petroleum products. And we're actually going to discourage the use of the tax credits and grants and NYSERDA programs we have created to help businesses retrofit to alternative preferable options.
I think it's bad public policy for the state to pass this law.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 654, those recorded in the negative are Senators Avella, Dilan, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Kennedy, Krueger, Montgomery, Parker, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Tkaczyk.
Ayes, 44. Nays, 17.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 656, by Senator Addabbo, Senate Print 4402, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 657, by Senator DeFrancisco, Senate Print 5189, an act to amend the State Finance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 661, by Senator Savino, Senate Print 4953, an act to amend the Labor Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 666, on page 36 Senator Marcellino moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6895 and substitute it for the identical Senate Bill Number 4309, Third Reading Calendar 666.
ACTING PRESIDENT GRIFFO:Substitution so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 666, by Member of the Assembly Englebright, Assembly Print Number 6895, an act to amend Chapter 674 of the Laws of 1993.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 671, by Senator Marcellino, Senate Print 5314, an act to amend the Public Lands Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 674 has been amended earlier today, and the bill is high.
The Secretary will read Calendar 676.
THE SECRETARY:Calendar Number 676, substituted earlier by Member of the Assembly Lifton, Assembly Print Number 884, an act to amend the Public Housing Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 679, by Senator Larkin, Senate Print 1489, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 680, by Senator Marcellino, Senate Print 1506, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 683, by Senator DeFrancisco, Senate Print 2311, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 2. Senators Ball and Dilan recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 683: Ayes, 58. Nays, 3. Senators Ball, Dilan and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is still passed.
THE SECRETARY:Calendar Number 684, by Senator O'Mara, Senate Print 3725, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 685, by Senator Marchione, Senate Print 3781A, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 686, substituted earlier by Member of the Assembly Cahill, Assembly Print Number 5176, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:We're moving along at a fast clip, but Senator Marchione wanted to explain her vote. She had her hand up on the last bill, and I don't believe anybody saw it.
ACTING PRESIDENT GRIFFO:We apologize, Senator Marchione.
Without objection, Senator Marchione to explain her vote on the previous bill.
SENATOR MARCHIONE:Thank you.
I rise to offer my thanks for your support of my bill designating a portion of the state highway system as the Saratoga County Veterans Memorial Highway. On behalf of many heroic veterans across Saratoga County, thank you for supporting this wonderful and worthwhile initiative.
My bill designates the portion of State Highway Route Number 4 in the Village of Schuylerville, past the Saratoga National Cemetery and the Saratoga Battlefield, through the Town of Stillwater, the City of Mechanicville, continuing south into the Town of Waterford and ending at the Saratoga County line, now named as the Saratoga County Veterans Memorial Highway.
My legislation calls for the state DOT commissioner to provide for the installation and maintenance of adequate signing on the state highway system indicating the new naming of this expanse of roadway intended to memorialize Saratoga County veterans.
My bill was called for and supported by local VFWs, the American Legion post that sent letters of support for this designation of the Saratoga County Veterans Memorial Highway. In addition, the Saratoga County Board of Supervisors and the Veterans Committee passed a resolution for this designation.
My bill would help increase the visibility of the historic corner in Saratoga County which was the location of the Battle of Saratoga and the turning point of the Revolutionary War. It also would benefit the Saratoga National Cemetery and the New York State Military Museum.
Our nation recently observed Memorial Day and offered its thoughts, prayers, and eternal thanks to America's fallen heroes who sacrificed so much so that we may be forever free. My legislation designationing the Saratoga County Veterans Memorial Highway is meant to ensure that we always keep our veterans in our thoughts and are mindful of the fact that our freedoms are not free.
I want to recognize and thank the Saratoga County Board of Supervisors' Veterans Committee on our local and outstanding veterans organizations who have so supportive of and helpful towards this effort. Today's passage of the Saratoga County Veterans Memorial legislation isn't a victory for me; instead, it's a victory for all of our veterans as it memorializes their heroic service and sacrifice.
We can never do enough or say thank you enough to our courageous veterans, but we should try and do so every day to let these brave men and women know how much we truly appreciate their service and sacrifice.
Thank you, Mr. President. And thank you to my colleagues.
ACTING PRESIDENT GRIFFO:Reannounce the results.
THE SECRETARY:In relation to Calendar 685: Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 686, substituted earlier by Member of the Assembly Cahill, Assembly Print Number 5176, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Bonacic to explain his vote.
SENATOR BONACIC:Thank you, Mr. President.
Anyone who loves music knows Levon Helm. This was a world-renowned musician both internationally and nationally. He was known for his music. He also acted in several movies: "Coal Miner's Daughter," "The Right Stuff," "The Shooter." I think he won Grammy Awards for the album "Dirt Farmer" and the song "The Night They Drove Old Dixie Down."
He was from Woodstock. He used to conduct in his barn the Midnight Rambles that still go on in Woodstock. He was a gentleman who was a wonderful humanitarian in addition to being a terrific musician.
He had different episodes of illness, and you would never know it the way he would treat his fans and the people that always wanted to come up to his him and get autographs.
This is a wonderful tribute to his legacy, and I thank the members for approving this bill.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Bonacic.
Senator Bonacic to be recorded in the affirmative.
Senator Tkaczyk to explain her vote.
SENATOR TKACZYK:I want to thank Senator Bonacic for bringing this bill to the floor.
As the representative for Woodstock, I can think of no better tribute to a wonderful musician from Arkansas who became a symbol of Woodstock and who did so much for Ulster County and upstate New York.
So thank you, Senator Bonacic. And I join my colleagues in supporting this bill.
ACTING PRESIDENT GRIFFO:Senator Tkaczyk to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 687, by Senator Larkin, Senate Print 3992, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 688, by Senator Tkaczyk, Senate Print 4455, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Senator Tkaczyk to explain her vote.
SENATOR TKACZYK:Thank you, Mr. President.
As this is my first bill on the floor, I wanted to point out that I am very proud of this bill and I want to thank my colleagues for supporting it.
The Mountain Cloves Scenic Byway is a 41-mile corridor that stretches through several towns and villages of Green County. They've worked for a very long time on this bill, since 2005. This designation helps them to apply for federal funding to improve the roads, and I know they have a terrific plan to improve the economic vitality in this area.
And I just want to thank everyone for supporting this bill. Thank you.
ACTING PRESIDENT GRIFFO:Senator Tkaczyk to be recorded in the affirmative.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
As Senator Tkaczyk mentioned, this is her first bill passing in the Senate, so we should recognize that.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 689, by Senator LaValle, Senate Print 4686, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 690, by Senator Fuschillo, Senate Print 5216, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 701, by Senator Maziarz, Senate Print 4886, an act directing the New York State Energy Research and Development Authority.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 705, by Senator Maziarz, Senate Print 5110, an act to amend the Public Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Maziarz to explain his vote.
SENATOR MAZIARZ:Thank you very much, Mr. President. I just wanted to comment on this bill.
This will vastly expand or give the opportunity to vastly expand electric car charging stations in the State of New York.
You know, the Governor recently announced some incentives for electronic cars. The Public Service Commission initially was thinking that every electronic charging station would be treated as a public utility, every one would be regulated by them. This bill makes it very clear that they are not regulated by the PSC.
This is going to provide an opportunity for electric cars to really take off in the State of New York.
Thank you, Mr. President. I vote in the affirmative.
ACTING PRESIDENT GRIFFO:Senator Maziarz to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 706, by Senator Maziarz, Senate Print 5149, an act to amend the Public Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the reading of the noncontroversial calendar.
SENATOR LIBOUS:Mr. President, can we now do the reading of the controversial calendar.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.
Can I have some order in the chamber, please.
The Secretary will read.
THE SECRETARY:Calendar Number 525, by Senator O'Mara, Senate Print 3473, an act to amend the Tax Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT GRIFFO:Senator Krueger has asked for an explanation, Senator O'Mara.
SENATOR O'MARA:Yes, Mr. President.
The purpose of this pill is to correct an inequity in our Tax Law wherein foreign corporations, out-of-state corporations are currently provided a tax exemption when they do business with an in-state fulfillment service entity.
Now, fulfillment services has to do with an in-state company that provides packaging services, stores merchandise, fulfills orders and ships the merchandise out in a venture with a foreign, out-of-state company.
What this law seeks to do is to treat, as corporations are, out-of-state LLCs and partnerships so that they are receiving the same exemption and opening New York State for business, as we all want to do, and providing a level playing field for those out-of-state partnerships and LLCs that would like to utilize a New York State fulfillment service company.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Thank you. Through you, if the sponsor would please yield for some questions.
ACTING PRESIDENT GRIFFO:Senator O'Mara, do you yield?
SENATOR O'MARA:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Thank you.
First, Senator O'Mara has explained that this would provide some kind of parity for the LLCs from out of the country with other corporations. Can he explain how much the state is losing in tax money from having carved out the non-LLCs and foreign partnerships? What are we losing now under our current carve-out of the other businesses that are not LLCs or foreign partnerships?
SENATOR O'MARA:I don't understand the question. Are you asking how much the exemption is for corporations that are foreign corporations that currently receive it now?
SENATOR KRUEGER:Yes.
SENATOR O'MARA:I do not know that information.
I do know the Division of Budget has provided a fiscal note that estimates that providing this exemption for the LLCs and the foreign partnerships would be approximately $10 million annually.
Now, I would clarify a statement you said before. This isn't regarding just foreign partnerships that are out of country. These are foreign entities, meaning a different state than New York State, that wish to utilize fulfillment services in New York.
SENATOR KRUEGER:Thank you.
Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:Senator?
SENATOR O'MARA:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator O'Mara yields.
SENATOR KRUEGER:Thank you.
Does the Senator know how many companies would then be exempted from the State of New York foreign partnership and limited liability company personal income tax?
SENATOR O'MARA:I do not know the number of -- currently what number of in-state fulfillment service companies are doing business with a foreign LLC or partnership. I don't have that number.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor could continue to yield.
SENATOR O'MARA:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
He keeps referencing business- function fulfillment services. But as I read this bill, this would apply to any -- exempt any foreign partnership or out-of-state LLC from paying the personal income tax. Is that correct, that it's broader than just the potential examples of fulfillment services?
SENATOR O'MARA:No, that is not correct. You would have to take a read of Article 9A of the Tax Law, which currently explicitly exempts the corporations doing business with fulfillment services and just expands that exemption for corporations to the LLCs and partnerships. And it's clearly stated that it's just for these fulfillment services.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR O'MARA:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Do these types of companies pay other taxes to the State of New York, or is this the only tax and now we would be exempting them?
SENATOR O'MARA:I know this only applies to their business-entity income taxes. Whatever other taxes would be applicable, this does not provide any exemption for that.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So we don't know how many businesses would be impacted. Do we have any idea where these businesses are located?
SENATOR O'MARA:I'm sorry, I missed the question, Senator.
ACTING PRESIDENT GRIFFO:Could you repeat the question, Senator Krueger?
SENATOR KRUEGER:Thank you.
Through you, Mr. President. Do we know where any of these businesses are located?
SENATOR O'MARA:I know there are fulfillment services I would assume in most every one of our districts. How many of those are doing business with out-of-state LLCs or partnerships I couldn't tell you.
I know, for instance, that I have one within my district that has brought the situation to my attention.
SENATOR KRUEGER:Thank you.
Through you, Mr. President, if the sponsor would continue to yield.
SENATOR O'MARA:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Because you describe the fulfillment services such as acceptance of orders, consumer correspondence, billing, collection activities and the shipment of orders, could this apply to Internet sales companies where they are selling product that is neither warehoused in the State of New York nor sold through stores in the State of New York but is sales-taxed currently or should be sales-taxed in the State of New York? Do we know if sales taxes apply to some of these types of businesses?
SENATOR O'MARA:Well, this applies here to these out-of-state businesses that do not have a nexus to New York for purposes of paying their income taxes. If the sales would be subject to that -- this bill does not attempt to cover anything with regards to the sales taxes.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR O'MARA:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So I appreciate that the sponsor says he doesn't know how many businesses there are or where they're located, although perhaps in all the districts, but he estimates the loss of revenue to the state at $10 million a year.
Do we know how many jobs are expected to be retained which are at risk of being lost if we don't pass this bill?
SENATOR O'MARA:Mr. President, I do not have that number.
However, I'm aware of a certain advertising campaign in New York State that says we are open for business. We need to do all we can to make New York State open for business, and not just say we're open for business but actually do it, so we can do business with companies from other states and provide these services so that our fulfillment service companies in New York can do business with these entities where they will otherwise go elsewhere to avoid this tax consequence.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank the sponsor for his answers.
I am frustrated because the sponsor says there are businesses that would like this tax deduction. It will cost the state $10 million. We don't know how many people they employ. We don't know where they are, we don't know who they are. We don't even know that they wouldn't continue to do business in the State of New York.
We seem to have a theme going this year that perhaps will be expanded on soon that let's just cut everybody's business taxes.
(Applause from Republican side.)
ACTING PRESIDENT GRIFFO:Can we have some order in the house, please.
Senator Krueger.
SENATOR KRUEGER:Thank you.
So while some of my colleagues applaud, here's my dilemma. I actually think our business and corporate taxes should be fair and equitable, we should have an even playing field, and that I would prefer to see us lower everybody's business taxes rather than make some businesses tax-free. Which, by the way, equals others having to pay more taxes.
Because if you exempt some people from taxes such as this bill would do, or you create geographic areas that you call tax-free, which some others are proposing we do, but you still have the same ongoing state costs of running the government, somebody else is going to pay more taxes. Because we don't get to print money in the basement.
And so I'm very concerned when we continue a pattern of expanding tax expenditures and exempting entities from paying taxes to the State of New York. I'm particularly concerned when we do it without even knowing who it's affecting -- who, what, where, how many jobs, where are the jobs, what are the risks if we don't do it. I'm not learning that today on this floor.
But I do know if you cut this $10 million, conceivably next year it's $20 million and the year after it's $30 million, if you follow the patterns of five-year tracking in the annual tax report of the New York State tax expenditure budget. And I do know every time we cut somebody's taxes, we are increasing somebody somewhere else, because that's how it works when you don't reduce the budget.
And I think it's a dangerous precedent for us -- it's not a new precedent, it's a dangerous precedent for us to continue to expand on and grow bigger and bigger, because I actually believe in an even playing field where everybody in the State of New York knows what their tax rates are going to be and nobody gets an advantage over somebody else -- because again, when you give one business a tax exemption and not the other nine, you're actually leaving the other nine with an unfair playing field and a business disadvantage.
And so I don't like these kinds of tax expenditures. That's not new to anyone here on the floor. But I think we make a serious mistake continuing down this road without being able to answer the questions who, what, where, why. And we don't have the answers today, I don't have the answers from the sponsor.
I recommend a no vote.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator who wishes to be heard, debate is closed.
The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Ball to explain his vote.
SENATOR BALL:You know, sometimes politicians actually say what they mean. And if people would just listen, it's very interesting. I think that that back-and-forth was extremely for the five or six people who are going to watch this at home.
But, you know, unless I'm wrong or something has changed, I'm pretty sure that the one who is speaking for the other side is the ranker on Finance. And the quote went: "Every time we cut somebody's taxes, we have to increase somebody else's taxes, because that's the way it works in New York."
And that's why 2 million people have left. And the 2 million people who have left are the people that run businesses, pay taxes, trying to live the American dream. And they're going to other states.
And this needs to be a wake-up call. Just because you cut somebody's taxes doesn't mean you have to increase somebody else's. You cut somebody's taxes, that $10 million, $20 million, that will bring in more business and more revenue. And it was a conservative Republican named Jack Kennedy who cut the capital gains tax and saw an increase in tax revenue overall.
Wake up before you lose another 2 million people. Because the people that this state is losing are the people paying the taxes that are paying for all your jobs and all your social programs.
I vote yes.
ACTING PRESIDENT GRIFFO:Senator Ball, how do you vote?
SENATOR BALL:Yes.
ACTING PRESIDENT GRIFFO:Senator Ball to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 525, those recorded in the negative are Senators Addabbo, Avella, Breslin, Dilan, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Tkaczyk. Also Senator Kennedy.
Absent from voting: Senator Sampson.
Ayes, 40. Nays, 20.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar 550.
THE SECRETARY:Calendar Number 550, by Senator Lanza, Senate Print 2142, an act to prohibit.
SENATOR SQUADRON:Explanation.
ACTING PRESIDENT GRIFFO:Senator Squadron, an explanation?
SENATOR SQUADRON:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:An explanation is requested by Senator Squadron, Senator Lanza.
SENATOR LANZA:Yes, Mr. President. This is a very simple bill which seeks to prevent the taxpayers of the State of New York from having to divert hundreds of millions if not billions of dollars away from education, healthcare, our parks, our roads, in order to pay for the costs associated with providing civil trials to the enemy combatants, those who have waged war against America in order to destroy it.
ACTING PRESIDENT GRIFFO:Thank you, Senator Lanza.
Senator Squadron.
SENATOR SQUADRON:Will the sponsor yield for a question.
ACTING PRESIDENT GRIFFO:Senator Lanza, do you yield?
SENATOR LANZA:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Thank you.
So just so that I understand the nature of the bill -- and I know we've discussed it in the past. In other words, if there's a trial in, let's say, the federal courthouse in the Southern District -- which happens to lie in my district in Lower Manhattan, the residential district, business district, one of the largest downtowns in the country, a core part of our state's economic health -- and the federal government decides to have a trial there of someone deemed an enemy combatant, then the New York City Police Department will not be allowed to protect my district if this bill becomes law?
SENATOR LANZA:Mr. President, the motivation for the legislation is very simple, I believe. It's intended to spare the people of the State of New York, the people of this country, from the expense and the peril of providing jihadists with a civil trial here in New York.
And so I think there are a couple of potential outcomes if this bill becomes a law. First, the administration, the Obama administration, in recognition of the fact that this law was in place, would decide against providing a civil trial to enemy combatants, would decide against providing more favorable treatment to those who want to destroy us than it does to the American soldiers who want to defend us.
Another outcome is that in spite of all that, the Obama administration would decide to go ahead and to provide that civil trial. In that case, it would be the federal government, I would assume, that would bear the cost. Remember, the attacks of 9/11 were not attacks against buildings, they weren't attacks against one state or one group of people. These were attacks against our nation.
And it is the responsibility of the federal government -- chief among its responsibilities is national security and defending our nation. And so that in case the administration were to go ahead even in the face of this law, it would be my expectation that the federal government, much in the way they provided aid in the wake of Superstorm Sandy, would pay for the costs associated with holding these very dangerous trials here in New York.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR LANZA:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Is the sponsor suggesting that the aid provided by the federal government in the wake of Sandy is a sufficient model for sufficient funding for a major priority in the city and the state?
SENATOR LANZA:Mr. President, I'm not sure I really understand the question. I was not holding the model of Sandy up as a model for defending the nation.
But what I will say is this. Certainly providing civil trials to enemy combatants, jihadists that have pledged their lives to the cause of destroying America, providing them with a civil trial affording them all the peacetime protections of the Constitution and the civil discovery that they would have access to certainly would not be the right strategy, in my mind, in defending the country.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR LANZA:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:And I'm familiar with the ideological and political arguments around civil trials versus military tribunals, around the definitions of enemy combatants versus not. And I understand that sometimes the ideology or the politics takes over and obscures what really matters on the ground.
I represent about 200,000 people in Lower Manhattan who live in the vicinity of the courthouse of the Southern District. Since 2001, there have been 67 foreign terror suspects convicted in U.S. federal courts, many of them in the Southern District. On March 8th of this year, Suleiman Abu Ghaith was arraigned in a Manhattan federal court in my district.
And I just want to understand, is it the sponsor's view that the bomb-sniffing dogs that were deployed by the NYPD at that arraignment in order to protect my constituents and all of Lower Manhattan should not have been there because they should not have been funded by the NYPD?
SENATOR LANZA:Mr. President, of course not.
First of all, let me say this. The difference between a military tribunal and an Article 3 court civil trial is not an ideological difference, it is a real difference with real ramifications.
At a civil trial we would be affording jihadist terrorists -- who have pledged, as I've said, their lives to the cause of destroying us -- with constitutional protections that are not afforded American soldiers. Through civil discovery, these terrorists would gain access and insight to our intelligence. In fact, they would gain insight to the very game plan that we have in place to defend this nation.
So these are not ideological distinctions, these are real differences in the way you treat the enemies of our country that would have real impacts on our state and our nation.
And given the fact, as my colleague just mentioned, that we are presently trying the mastermind of 9/11, Khalid Sheikh Mohammed, in a military tribunal trial, to have a civil trial happen at that same time would allow that mastermind to be afforded with insight to our intelligence that he is not afforded in that tribunal.
So this is a very dangerous policy. The Congress of the United States passed legislation -- and the President signed -- which would prevent federal dollars to be used to transfer detainees from Gitmo to the mainland here in America.
The administration has gone through hoops to try to avoid that legislation by -- in the case of Osama Bin Laden's son-in-law which was just mentioned by my colleague, they diverted from Gitmo, put him on a boat and sent him here when nobody was watching.
I think it's a dangerous policy. There are a number of tools that we have at our disposal here in New York; there are many we don't when it comes to national security.
But of course I'm not saying that in the event that either federal law or the will of the people of both my colleague Senator Squadron's district and mine, and people across the State of New York -- who have spoken very loudly, they don't want these terrorists brought here in America.
But in the event that that happens, certainly it ought to be the federal government that pays for the costs associated with providing these trials for enemies of America. Not enemies of you or me or New York, people who have declared and who are waging war against our country. Of course those costs ought to be borne by the federal government, by the nation, and not by only the taxpayers here in New York.
And by the way, Mayor Bloomberg has estimated that in cases where you would provide a trial to the likes of a Khalid Sheikh Mohammed -- not Osama Bin Laden's son-in-law -- but the costs could exceed $2 billion. That's $2 billion less than that we have for education and for healthcare and for roads and a whole lot of other noble causes that we here in the Senate grapple with every day in order to provide services for the people of the State of New York.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR LANZA:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:The good news is we agree that the federal government should do more for New York when it comes to protecting us against terrorism and fighting terrorism. However, I think the question is whether the NYPD, the best at this in the world, should be forced to do less.
Just from the first part of that answer, the sponsor said that trying enemy combatants would do this and would have the effect of doing the other. Just to clarify, it's not the sponsor's view that any enemy combatants have or currently are being tried in civilian courts?
SENATOR LANZA:I didn't say that, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Squadron.
SENATOR SQUADRON:Is it the sponsor's view that any enemy combatants --
ACTING PRESIDENT GRIFFO:Senator Squadron, do you want the sponsor to continue to yield?
SENATOR SQUADRON:Oh, I'm sorry, I thought the sponsor had asked for clarification. I think it's --
SENATOR LANZA:No, no. I said I did not say that.
SENATOR SQUADRON:Oh, I'm sorry, I didn't hear that.
SENATOR LANZA:I did not say that.
SENATOR SQUADRON:Thank you. If the sponsor would continue to yield.
SENATOR LANZA:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Thank you.
So is it the sponsor's view that enemy combatants have or currently are being tried in civilian courts?
SENATOR LANZA:Mr. President, my views on the matter are really irrelevant. The facts are the facts.
And if I had the ability, I would ensure that we would never provide enemy combatants, jihadists who want to destroy our nation, who have waged war against us, if I had the ability -- and that is the purpose of this law, to do what we can do here in New York -- I would make sure that we never provided these terrorists with more rights than we provide American soldiers, who put their lives on the line every single day to defend this nation.
And it's not just about the rights, it's about the implications. Providing civil discovery to enemies of America who seek to destroy us is not only outrageous, it's dangerous and it's stupid.
And I've heard from my colleagues in past debates that America is strong enough to be able to do that. Well, it might be strong enough to do it, but we shouldn't be stupid enough to do it. We were probably strong enough in the days before the D-Day invasion of World War II to provide Hitler with the plan and the details, but a lot more Americans would have been killed and the war would have gone on longer and peace would have had to wait a few more years.
So, you know, it's pretty simple. The purpose of this bill is to do whatever we can here in New York to make sure that we keep America safe, to make sure that we don't hand over to those who seek to destroy us with our game plan, our battle strategy, with our intelligence. That's the purpose of this legislation, awkward as it is because of the limitations we have here in our government in New York State.
But I don't want to just sit by and wait for another 9/11. I don't want to sit by because there are those who are ideologically blind to the terrorist reality, to the threat that this nation faces. I don't want to sit by and do nothing. I want to make sure that my community doesn't have to go through another 9/11.
And it's my belief that by providing civil trials to enemy combatants, we make it more likely, we make it more likely that there will be another attack here in New York.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR LANZA:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:And I know that the temptation to go far afield and to talk about all sorts of other issues, from previous debates to D-Day, is tempting.
But in the interests of time, just very briefly -- and this will be my final question -- in the sponsor's view, if this bill were to pass -- the sponsor's opinion is relevant as the author of the bill. If this bill were to pass, are there any current trials happening in the State of New York or any trials that have happened since 2001 -- again, were this bill to pass -- for which state or local dollars would be prohibited from being used to protect New Yorkers?
SENATOR LANZA:Mr. President, talking about the implications of providing civil trials to enemy combatants and the dangers therein is not going far afield. These decisions will have real consequences for the state and for our country.
And so my colleague knows the answer to his question. This is not about politics. This is about protecting our state and our nation from an enemy who is intent on destroying us.
So right now -- and there have been civil trials afforded to some minor terrorists, minor players on the other side, from the team that's trying to destroy us. This bill, if it becomes law, I believe will prevent that from happening and will keep America safer than if we were not to pass this bill.
ACTING PRESIDENT GRIFFO:Senator Squadron.
SENATOR SQUADRON:I know I said it was my last question. If the sponsor would just yield for clarification because I think it got lost.
In the sponsor's view, were this bill law, there are trials that either have occurred or are occurring in New York State for which state and local dollars could not be used to protect New Yorkers? I thought I heard a yes at the end; I just want to make sure that I understood it.
SENATOR LANZA:Mr. President, I'm sorry my colleague is lost. I'll try to help him find his way here --
SENATOR SQUADRON:It's just for clarity on this one question.
SENATOR LANZA:I'll try to help him find his way here.
So a couple of possible outcomes here. Either, one, the federal government looks at this law and says we cannot conduct civil trials in New York because the people of New York have said they don't want to be subjected to the danger and the cost.
Two, they go ahead anyway. And in that case, it's my assumption that the federal government would pay for the costs associated with the ridiculous policy of providing these civil trials.
So the first outcome is the one that I would rather see effectuated by this law. The second would still be better for the people of New York so that we would not have to divert billions of dollars away from the things that we talk about here every single day in the Senate.
SENATOR SQUADRON:Thank you. On the bill.
ACTING PRESIDENT GRIFFO:Senator Squadron on the bill.
SENATOR SQUADRON:I want to thank the sponsor for the time and discussing this bill. I know it's something we've done before. And look, I know that this is a bill that doesn't have a same-as in the Assembly, and that the instinct to participate in the debate over civilian trials and military tribunals is strong.
Unfortunately, and the reason that I lay this bill aside every year, and the reason that I think it's so important to debate and the reason that I asked questions in good faith -- and I unfortunately, while I appreciate the sponsor's engagement with me, don't think that those answers were forthcoming today on any of those clear questions.
The reason that that's all so important is because we're not talking about a theoretical idea. We're talking about a state that was attacked. We're talking about a community where that attack happened that I represent. We're talking about hundreds of thousands of residents who make their home in that community. We're talking about a business district that's one of the largest and most important in the nation and certainly most important in the state. And we have a bill that would handcuff local law enforcement's ability to protect my constituents.
Imagine a bill talking about a county in Western New York or Central New York or the Finger Lakes region in which we were told "Your local law enforcement cannot protect your citizens." It would be an outrage, for good reason. Because the idea that politics, even politics that is so often so appealing to be part of, even an issue that is vastly beyond politics -- and I agree with the sponsor on that, and I know that his focus on and interest in what happened on September 11th and the victims goes well beyond politics and is a personal and sincere and real and heartfelt thing. And I know that he represents constituents who suffered mightily and still are.
But despite all of that, the idea that we would say to local law enforcement, to the NYPD or any sheriff or police force anywhere in the state, You can't protect your citizens because there's this other issue out there, is crazy. It's a crazy idea. Bomb-sniffing dogs weren't theoretical on March 8th this year, they were real. Their need to protect my constituents wasn't theoretical, it was real. The idea that there are police checkpoints and there are roads that are still closed down because of the courthouse in my district isn't theoretical, it's real.
And this bill has some theory behind it, and it's a theory about the consequence that hopefully the federal government would take on. But it's also very real. And the real effect of this bill would be that the New York City Police Department could not protect the citizens in New York City and my constituents when they need protection. And that's simply unacceptable.
So I urge my colleagues to vote against this bill. Because the idea that we would say that the best police force in the world at protecting against terrorism isn't allowed to do it makes no sense. Because the definition of enemy combatants doesn't exist in the bill and was not illuminated at all in today's debate, despite my repeated questions.
And I would ask my colleagues to vote against it because I have 200,000 constituents in Lower Manhattan who depend on the protection that is provided by city and state tax dollars against the kinds of events that we saw on September 11th in my district, that affected so many other districts around the state and so many individuals and families across the country, and the idea that we wouldn't be able to protect them is simply unacceptable.
I urge my colleagues to join me in voting no on this bill and allowing the NYPD to protect our city. Thank you.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator who wishes to be heard, debate is closed.
The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Robach to explain his vote.
SENATOR ROBACH:Yes, Mr. President, very quickly. I want to applaud Senator Lanza for putting this bill forward.
I think this is one of those rare times where the right thing can happen yet we can protect New Yorkers from a huge cost. And also at the same time I do think it's -- I guess America could be better protected, yet give them their day in court, but in a military tribunal where clearly it belongs.
This is not an everyday crime. Thank God it's a rare occurrence. And I think Senator Lanza is right on target.
I'm also not so sure -- I listened intently to the debate -- that even in the event that they were to happen or the military tribunal was done in New York, that we could not in fact bill the federal government or they could reimburse us for those services for taking care of this.
So I really feel that to use our tax dollars as beneficially as possible, a yes vote is very warranted. And I do think -- I don't call it ideology, I think we all were very, very upset and saddened by the terrorisms of September 11th. To go out of our way to treat those perpetrators albeit with any extra -- I don't know what you would call it -- courtesy, when it could be done in a military tribunal, makes absolutely no sense to me.
I'm very happy to vote yes for this very, very important bill, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Robach to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 550, those recorded in the negative are Senators Adams, Breslin, Dilan, Espaillat, Gianaris, Hoylman, Krueger, Parker, Perkins, Peralta, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins and Tkaczyk. Also Senator Montgomery. Also Senator Hassell-Thompson. Also Senator Avella.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Absent from voting: Senator Sampson.
Ayes, 40. Nays, 20.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator LaValle, that completes the controversial reading of the calendar.
SENATOR LaVALLE: Mr. President, is there any other business at the desk?
ACTING PRESIDENT GRIFFO:May I have some order, please, in the house.
There is no further business before the desk, Senator LaValle.
SENATOR LaVALLE: There being no further business, I move we adjourn until Thursday, May the 30th, at 11:00 a.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Thursday, May 30th, at 11:00 a.m.
Senate adjourned.
(Whereupon, at 5:55 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.