Gaveled in 11:22 AM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 30, 2013
11:22 a.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:In the absence of clergy, I ask everyone present to please bow their head in a moment of silent prayer.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Wednesday, May 29th, the Senate met pursuant to adjournment. The Journal of Tuesday, May 28th, 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 38, Senator Maziarz moves to discharge, from the Committee on Cultural Affairs and Tourism, Assembly Bill Number 5052 and substitute it for the identical Senate Bill Number 4870, Third Reading Calendar 748.
ACTING PRESIDENT GRIFFO:So ordered.
THE SECRETARY:On page 39, Senator Carlucci moves to discharge, from the Committee on Mental Health and Developmental Disabilities, Assembly Bill Number 5954 and substitute it for the identical Senate Bill Number 5005, Third Reading Calendar 750.
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 Fuschillo.
SENATOR FUSCHILLO:Mr. President, on behalf of Senator Martins, on page number 40 I offer the following amendments to Calendar Number 759, Senate Print Number 5024, 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 FUSCHILLO:On behalf of Senator DeFrancisco, I wish to call up Senate Print Number 337, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 118, by Senator DeFrancisco, Senate Print 337, an act to amend the Penal Law.
SENATOR FUSCHILLO:I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 54.
SENATOR FUSCHILLO:I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR FUSCHILLO:Please recognize Senator Gianaris, please.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Dilan, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Number 414.
ACTING PRESIDENT GRIFFO:It is so ordered.
Senator Fuschillo.
SENATOR FUSCHILLO:May we please adopt the Resolution Calendar.
ACTING PRESIDENT GRIFFO:All those in favor of adopting the Resolution Calendar that's before the house signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO:Senator Breslin would like to open Resolution 3038 up for cosponsorship. Can we please place everyone on as a cosponsor. And if somebody does not want to, please notify the desk.
ACTING PRESIDENT GRIFFO:So instructed and so noted.
Senator Fuschillo.
SENATOR FUSCHILLO:There is a resolution before the house by Senator Bonacic, Number 2005. It was previously adopted by the house on May 23rd. May we have the resolution read in its entirety, and then please call on Senator Bonacic.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2005, by Senator Bonacic, commending the Valedictorians, Salutatorians and Honored Students of the 42nd Senate District in recognition of their outstanding accomplishments, at a celebration to be held at the State Capitol on May 30, 2013.
"WHEREAS, It is the sense of this Legislative Body to act in accord with its long-standing traditions to honor the youth of today -- the leaders of tomorrow -- whose character and achievements exemplify the ideals and values cherished by this great state and nation; and
"WHEREAS, This Legislative Body is justly proud to recognize and commend the high achievements of these dedicated students in the 42nd Senate District on the occasion of a special celebratory visit to the State Capitol in Albany, New York, on Thursday, May 30, 2013; at this time the Valedictorians, Salutatorians and Honored Students who have been selected by their school leadership for outstanding community service will receive special recognition from the Senate in the Senate Chamber; lunch will be served in The Well of the Legislative Office Building, followed by a tour of the State Capitol; and
"WHEREAS, These Valedictorians, Salutatorians and Honored Students represent the best of developed potential inherent in our most precious resource, our youth; their achievements have brought enduring honor to their families and communities and should be recognized and saluted; and
"WHEREAS, The Valedictorians who are being commended today for their outstanding academic performances and exemplary achievements include: Sara Clark, Chelsea Doig, Michael Freeman, Kevin O'Neill, Hannah De Los Santos, Allison Miller, Krushna Shah, Thomas Krahulik, Mikaela Balsano, Eugene William Doyle III, Samantha Scott, Brittany Rupp, Zachory Michael Park, Amanda Hulse, Victoria Tingley, Logan Rotolo, Joshua DeJoy, Skylar Kortright, Joshua Gehres, Nicholas Sullivan, Joan Climes, Hannah Kaplan, Elissa Terach, Mihai Andreca, Emily Swanson, Brooke Theresa Gonzalez, Ahmad Hasan, Priya Chilana, Alexis Lima, Andrew Seddon, Marchrista Jones, Kaitlyn Coviello, Carley Thomas, Marie Johnson, Isabel Noboa, Johanna Bermudez, David Anzini, Jorge Acevedo, Michele Galvin, Alundra Dhanantwari, Allison Sciucco, Samantha Woodward, Lina Perez, Veronika Jachimek, Bryan Spizuco, Sara Restrepo Cortes, Trinny Terrazas, Alexxa Guerrero, Arjun Malhotra; and
"WHEREAS, The Salutatorians who are being commended today for their outstanding academic performances and exemplary achievements include: Ethan Jahn, Bethany Bierstine, Mikaelan Cucciarre-Stuligross, Wei Lyan Ng, Mary Brosnan, Katriona Blezy, Lauren Schneider, Samuel Sander Effron, Anja Loughman, Joshua Lieberman, Courtney Evans, Brooke Madnick, Callie Barrett Bullis, Adam Murphy, Christina Malissa Kackos, Kimberly Craft, Cora Butler, Makaela Stephens, Marley Leary, Alexis De La Rosa, Adam Dohrenwend Jr.; and
"WHEREAS, The Honored Students who are being commended today and who have been selected by their school leadership for outstanding school or community service include: Joe Brown, Tabitha Snider, Ann Walker, Nora Petrucci, Abigail Ellert, Troy Johnstone, Andrew Cummings, Chase Israel, Cheyenne Morgan Woods, Melissa Goggin, Emily Rogers, Lincoln Kelly, Susanna Gerner, Nicole Derobertis; and
"WHEREAS, These Valedictorians, Salutatorians and Honored Students may now stand with pride as they assess their achievements, experience the satisfaction of their labors and the joy of their accomplishments, eager to face the new experiences of a challenging world; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commend the Valedictorians, Salutatorians and Honored Students of the 42nd Senate District, in recognition of their outstanding accomplishments at a celebration to be held at the State Capitol on May 30, 2013; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the aforementioned Valedictorians, Salutatorians and Honored Students."
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
And my congratulations to Chris Cook for doing a good job of pronouncing all of the names. And he does a good job every year.
This is an exciting day for me. It's an exciting day for all the Senators in the State of New York. And we welcome our honored and distinguished students that are in both sides of the gallery.
The people that are up there are the valedictorians, salutatorians and a third student who's had an impact either on the school or the community that is being honored. These are the best and the brightest of our youth in the 42nd Senate District.
I want to thank the parents that are here today, the superintendents, the teachers, and the school board members that accompanied our honored guests.
This morning we had a brief presentation by the Honorable Gail Prudenti and Provost Philip Mauceri from New Paltz that shared some of their life experiences with these students.
What we want to tell our students is that we want you to succeed. We want you to be leaders of tomorrow. We would hope that you would be the new generation of great inventions that would propel this nation to greater heights than it is today. And we are the greatest country in the world because of our intellectual capital, like you are.
So I would hope, when you've finished your college days or if you went on to postgraduate school or whatever career you pursued, I would hope that you would come back to New York, to come back to work here, live here, raise your family here. Because this still is one of the greatest states if not the greatest state in the country.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Bonacic.
We'd like to ask all those present to please stand and be recognized. We congratulate you, all the valedictorians and salutatorians that are here today from Senator Bonacic's district.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Well done, and we wish you the best of luck.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, there's a resolution at the desk by Senator Marchione, Number 1905. It was previously adopted on May 21st. May we have the resolution read in its entirety and please call on Senator Marchione.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1905, by Senator Marchione, congratulating the Saratoga Springs High School NASA Club on the occasion of their designation as participants in the Team America Rocketry Challenge National Finals.
"WHEREAS, It is the sense of this Legislative Body to commend and pay tribute to those who, by achieving outstanding success in their educational and scientific endeavors, have inspired and brought pride to our majestic Empire State; and
"WHEREAS, It is also the sense of this Legislative Body to recognize the dedication and commitment of our young people who distinguish themselves through excellence in science competition; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to congratulate the Saratoga Springs High School NASA Club upon the occasion of their designation as participants in the Team America Rocketry Challenge National Finals; and
"WHEREAS, Under the direction of Coach Charlotte Naples, the members of Saratoga Springs High School's NASA Club became celebrities as one of only two groups in the State of New York to qualify for the Team America Rocketry Challenge National Finals; and
"WHEREAS, There were 725 teams that competed nationally for the finals, and Saratoga Springs High School's NASA Club was one of 100 teams selected to compete in the national rocketry competition on May 11, 2013, in The Plains, Virginia; to qualify for the national competition,the Saratoga Springs High School NASA Club acquired the necessary resources to design, build and fly a rocket carrying a raw egg to an altitude of 750 feet, and then land it without breaking the egg; and
"WHEREAS, After weeks of practicing, the Saratoga Springs High School NASA Club completed a successful flight under the observation of a mentor from the National Association of Rocketry; and
"WHEREAS, The Team America Rocketry Challenge (TARC) is the world's largest rocket contest, sponsored by the Aerospace Industries Association and the National Association of Rocketry; and
"WHEREAS, Approximately 7,000 students from across the nation compete in TARC each year; teams design, build and fly a model rocket that reaches a specific altitude and duration determined by a set of rules developed each year; the contest is designed to encourage students to study math and science and pursue careers in aerospace; and
"WHEREAS, The outstanding members of the Saratoga Springs High School NASA Club are: Connor McFarland, Charlie McCabe, Jay Murray, Steve Leonard, Mike Gregory and Michael Young; 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 congratulate the Saratoga Springs High School NASA Club for their noteworthy educational and scientific endeavors and achievements; their outstanding performance has clearly made a contribution to the spirit of excellence which is a tradition of their school and community; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate the Saratoga Springs High School NASA Club upon the occasion of their designation as participants in the Team America Rocketry Challenge National Finals; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to Coach Charlotte Naples, and the aforementioned members of the Saratoga Springs High School NASA Club."
ACTING PRESIDENT GRIFFO:Senator Marchione.
SENATOR MARCHIONE:Thank you, Mr. President. I rise to speak on the resolution.
You know, from the beginning of time scientific discovery has charted the upward trajectory of humankind. Scientific breakthroughs have improved our quality of life, helped people live longer, healthier lives, and inspired generations to explore not only our own planet but the larger universe.
The spark of inspiration, the spark that ignites a fire of lifetime creativity, begins at an early age as youths are encouraged to learn, design and reach for the stars.
Today I have the honor of recognizing one such group that is doing exactly that, reaching for the stars. Today I honor the Saratoga Springs High School NASA Club. I honor the club in recognition of its participation in the Team America Rocketry Challenge National Finals.
Members of Saratoga Springs High School's NASA Club are among only two groups in all of New York to qualify for the Team America Rocketry Challenge National Finals. In total, there were 725 teams that competed nationally. Saratoga Springs High School's NASA Club was one of a hundred teams selected to compete in the National Rocketry Competition on May 11th in Virginia. To qualify for this prestigious competition, the Saratoga Springs High School NASA Club acquired the necessary resources to design, build and fly a rocket carrying a raw egg to an altitude of 750 feet and then land it, all without breaking the egg.
The Team America Rocketry Challenge is the world's largest rocket contest. It's sponsored by the Aerospace Industries Association and the National Association of Rocketry. Nearly 7,000 students from across the country compete annually in the challenge. The competition encourages students to study math and science and to pursue careers in aerospace.
I'd ask the members of the Saratoga High School NASA Club to stand -- they are Connor McFarland, Charlie McCabe, Jay Murray, Steve Leonard, Mike Gregory and Michael Young -- along with their coach, Charlotte Naples. And I believe they even have their rocket with them today.
I congratulate the club on their accomplishments and wish them the very best of luck in all their future endeavors.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Marchione.
(Applause.)
ACTING PRESIDENT GRIFFO:We welcome you to the Senate chamber and extend our best wishes to all of those young men.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, there's a resolution at the desk by Senator Kennedy, Number 2006, that was previously adopted by this house on May 23rd. May we have its title read and then please call on Senator Kennedy.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2006, by Senator Kennedy, paying tribute to the many accomplishments of the late Coach Peter Odrobina by dedicating the baseball field at John F. Kennedy High School in his memory.
ACTING PRESIDENT GRIFFO:Senator Kennedy.
SENATOR KENNEDY:Thank you, Mr. President. Thank you.
Stability, love, time and commitment -- that's what Peter Odrobina poured into his coaching jobs. Patience, integrity and sportsmanship -- that's what he instilled in the players who took the field for him.
Coach Odrobina, otherwise known as Coach O, was more than a coach to the young men and women who played on teams under his leadership. Coach O was a father figure to those who needed one, a teacher who shared life's lessons, an enthusiastic leader, a shoulder to lean on, and a helping hand during times of need.
He coached a variety of sports over the years, impacting numerous students and players over that time. And while working for the Town of Cheektowaga's Youth Recreation Department, he had the chance to impact even more lives.
Coach O's baseball career would be envied by any coach. It is filled with multiple division titles, sectional finalists and champions, and an appearance in the New York State championship game.
However, wins and losses were not the hallmark of Coach O's legacy. I think retired Cheektowaga-Sloan Superintendent James Mazgajewski put it best. When asked what Peter Odrobina's win-loss record was as a coach, Mazgajewski confessed he did not know and that did not matter. He said: "Pete was a great human being and great person who cared about people. It was never about him."
If you speak to any of his players, students or colleagues, they will tell you it was not Coach O's long white hair, his surfer style, or his dreaded fear of wearing a necktie that attracted everybody to him. Rather, it was his easygoing style, his passion for the game, his authentic kindness, and the care and love he had for all of his family, friends, students and players.
Coach O passed away on November 21, 2012, at the age of 62. Although his legacy lives on through his family and former players, his life and his work will now be remembered every time someone visits the John F. Kennedy High School in Cheektowaga. This month Coach O's four children, Mandy, Nicole, Mindy and P.J., threw the ceremonial first pitch dedicating the field at JFK High School to the coach who inspired so many. Their baseball field will now be known as the Peter Odrobina Memorial Field.
It is a fitting way to remember Coach O, because often some of life's most important lessons are learned on the ball field. If Coach O were here, he'd say: "Leave everything on the field, but take all you can."
We often don't realize the experiences and lessons we took in this chamber we took off the field back as high school athletes. But at Cheektowaga-Sloan, Coach O's players and students know they learned as much on that field as they did that from the great man who coached them every single day. He gave everything he could, and he touched the lives of so many student athletes.
Today we remember Coach Peter Odrobina. We commend the Cheektowaga-Sloan School District for naming the ball field after him, and we send our sympathies and thoughts to his family, friends, former players and the community who hold Coach O's memory in their hearts.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Kennedy.
As noted, the resolution was passed in this house on May 23rd.
Senator Fuschillo.
SENATOR FUSCHILLO:May we please have the reading of the noncontroversial calendar, Mr. President.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 16, by Senator Flanagan, Senate Print 1446, 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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 75, by Senator Ritchie, Senate Print 1952, 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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 88, by Senator Nozzolio, Senate Print 3305, 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.)
ACTING PRESIDENT GRIFFO:May we have some order in the chamber, please.
THE SECRETARY:Ayes, 57. Nays, 2. Senators Hassell-Thompson and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 493, by Senator O'Brien, Senate Print 4285A, an act to authorize the City of Rochester.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Gianaris, why do you rise?
SENATOR GIANARIS:Mr. President, I believe that was Senator O'Brien's first bill to pass through the Senate.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will continue.
THE SECRETARY:Calendar Number 521, by Senator Valesky, Senate Print 2146, 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 on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 568, by Senator Fuschillo, Senate Print 4721A, an act to amend the Mental Hygiene 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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 682, by Senator Ritchie, Senate Print 1946, 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 682, those recorded in the negative are Senators Addabbo, Avella, Ball, Breslin, Dilan, Espaillat, Gianaris, Gipson, Hassell-Thompson, Hoylman, Kennedy, Krueger, Latimer, LaValle, Marcellino, Montgomery, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins and Tkaczyk.
Ayes, 35. Nays, 24.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 722, by Senator Latimer, Senate Print 2060, an act in relation to authorizing.
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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 741, by Senator Serrano, Senate Print 1025, an act requiring.
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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 742, by Senator Marcellino, Senate Print 1504, an act to amend the Navigation 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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 743, by Senator Maziarz, Senate Print 3646, an act to amend the Arts and Cultural Affairs Law.
ACTING PRESIDENT GRIFFO: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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 744, by Senator Larkin, Senate Print 3991 --
SENATOR FUSCHILLO:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 745, by Senator Marcellino, Senate Print 4511, an act to amend the Arts and Cultural Affairs Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 24. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 746, by Senator Zeldin, Senate Print 4757, an act to amend the Parks, Recreation and Historic Preservation 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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 748, substituted earlier by Member of the Assembly Peoples-Stokes, Assembly Print 5052, an act to amend Chapter 372 of the Laws of 2008.
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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 749, by Senator Grisanti, Senate Print 4894, an act to amend Chapter 595 of the Laws of 2007.
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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 751, by Senator Little, Senate Print 996, an act to amend the Town Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 751, those recorded in the negative are Senators Avella, Breslin, Gianaris, Gipson, Hoylman, Krueger, Latimer, O'Brien, Rivera, Sanders, Serrano, Squadron, Stewart-Cousins and Tkaczyk. Also Senator Stavisky.
Ayes, 44. Nays, 15.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 755, by Senator Carlucci, Senate Print 4872, an act in relation to providing.
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.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 759 was amended today. The bill is high.
So we will now move on to Calendar Number 805. The Secretary will read.
THE SECRETARY:Calendar Number 805, by Senator Bonacic, Senate Print 1885A, an act to amend the Town Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 806, by Senator Lanza, Senate Print 2478, an act to amend the Judiciary Law.
ACTING PRESIDENT GRIFFO: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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 807, by Senator Young, Senate Print 2611, an act to amend the Social Services 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 807, those recorded in the negative are Senators Avella, Addabbo, Breslin, Dilan, Gipson, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Tkaczyk. Also Senator Gianaris. Also Senator Hoylman. Also Senator Stewart-Cousins.
Ayes, 41. Nays, 19.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 808, by Senator Young, Senate Print 2617A, an act to amend the Social Services 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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
Can I have some order in the chamber, please.
THE SECRETARY:Calendar Number 809, by Senator DeFrancisco, Senate Print 3037, an act to amend the Judiciary 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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 810, by Senator Young, Senate Print 3081, an act to amend the Municipal Home Rule 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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 811, by Senator Golden, Senate Print 4114, an act to amend the Social Services 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:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President. I'd like to explain why I'm voting no.
None of us want to see deadbeat parents fail to pay their child support. But this bill goes too far in how it's approaching this.
First of all, it uses an FBI reference to the Most Wanted. If it was a list that was going to be 10, 20, 100 of the "most wanted," perhaps it would get the name. But you can fall behind $10,000 in child support actually fairly quickly in today's times.
It may be because you lost your job and can't find a new one; it may be that you went to prison and don't know about your right to try to petition a court to stop the obligation while you're in prison. You might have a medical situation that prevents you from working.
We don't want the courts to remove that obligation from the records. We want you to get a job, get out of prison and get a job, get healthy again, and make sure you continue and follow through on those payments of child support. But in fact, under this law, you would be on a publicly accessible website calling you the Most Wanted. I actually think it would make it exceptionally difficult to find that job so that you can continue to pay that child support.
And I do think if you're talking about something that could impact tens of thousands or more people in the State of New York at any given time, we ought not be calling them the Most Wanted. They are not "wanted" in a criminal sense. We all want them to pay their child support. We want them to have the earnings to allow them to pay their child support.
So I think the intention is a good goal translated incorrectly in this piece of legislation. I'm voting no.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Senator Squadron to explain his vote.
SENATOR SQUADRON:Just briefly, Mr. President.
We've seen this bill before. I notice the title of the list has changed, but the substance of the bill is still the same. It's still a terrible idea whatever title is put on the bill every year when it comes out as a one-house bill. It still is the "shame kids for their parents' failures" bill, and that's just a terrible idea across the state.
I vote no, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar 811, those recorded in the negative are Senators Breslin, Dilan, Gianaris, Gipson, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Rivera, Serrano, Squadron and Tkaczyk. Also Senator Hoylman. Also Senator Savino.
Ayes, 45. Nays, 15.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 812, by Senator Gallivan, Senate Print 4821, an act to amend the Correction 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.)
ACTING PRESIDENT GRIFFO:Senator Grisanti to explain his vote.
SENATOR GRISANTI:Thank you, Mr. President.
Briefly, I want to commend Senator Gallivan for bringing this situation to our attention here by this legislation.
My colleagues, we have sex offenders that are actually convicted and because of the backlog of the board of examiners, their risk level has not been ascertained, so they don't have to register along those lines.
So I think this legislation doesn't solve the problem completely, but what it will do is it will amend the process to provide that if a sex offender is sentenced to a specific definite sentence or time served, the district attorney who actually handled the case would then go ahead and make the recommendation, rather than the district attorney writing a letter to the board of examiners to make their recommendation. So I think it might speed up the process and get rid of some of the backlog.
I commend Senator Gallivan for bringing this to our attention. I urge everybody to vote aye, as do I.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Grisanti to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 813, by Senator Savino, Senate Print 5066, an act to amend Chapter 436 of the Laws of 1997.
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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 814, by Senator Grisanti, Senate Print 5167, an act to amend the Not-For-Profit Corporation 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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 815, by Senator Maziarz, Senate Print 5324A, an act to amend the Social Services 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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 816, by Senator Martins, Senate Print 5559, an act to amend Part X of Chapter 62 of the Laws of 2003.
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.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Fuschillo, that completes the noncontroversial reading of the current active list calendar.
SENATOR FUSCHILLO:Mr. President, could we have the reading of the noncontroversial supplemental calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read the noncontroversial supplemental calendar.
THE SECRETARY:Calendar Number 750, substituted earlier by Member of the Assembly Gunther, Assembly Print 5954, an act to amend the Mental Hygiene 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.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Fuschillo, that completes the reading, noncontroversial, of the supplemental calendar.
SENATOR FUSCHILLO:Mr. President, could we please return to motions and resolutions.
ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO:On behalf of Senator LaValle, on page number 16 I offer the following amendments to Calendar Number 284, Senate Print Number 3059A, 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 Fuschillo.
SENATOR FUSCHILLO:Mr. President, is there any other business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk, Senator Fuschillo.
SENATOR FUSCHILLO:There being no further business, I move we adjourn until Monday, June 3rd, at 4:00 p.m., intervening days being legislative days.
ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Monday, June 3rd, at 4:00 p.m., intervening days being legislative days.
Senate adjourned.
(Whereupon, at 12:03 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.