Gaveled in 4:21 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 3, 2013
4:21 p.m.
REGULAR SESSION
SENATOR DAVID J. VALESKY, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT VALESKY:The Senate will come to order.
I ask everyone present to please rise and recite with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT VALESKY:With us today to an offer an invocation is Reverend Dale Jensen, who is the senior pastor at Saratoga Abundant Life Church in Saratoga Springs.
REVEREND JENSEN:Can we pray?
Almighty God, we pray that Your hand would be upon this Senate assembly. I pray Your blessing upon each individual Senator.
Lord, I know all the decisions that need to be made here are beyond any human understanding, so I ask that You would grace every single Senator with the ability to see the right and the truth and the things that are best for this state.
Lord, I pray for great counsel for each one of the Senators. Lord, I know counsel makes a difference in any one of our lives, so I pray for great counselors in each one of their lives.
Lord, I pray for their spouses. I pray a blessing over their spouses as they give their time and their energy to the state. I pray, God, that You put peace in their homes. I pray, Father, for their children. I pray, God, a blessing and protection for their whole family.
And, Lord, I pray that for every single Senator in this place they might sense Your presence, they might sense Your awareness, and they might sense Your grace to fill every need that they have. And I pray it in Jesus' name.
Amen.
ACTING PRESIDENT VALESKY:The reading of the Journal.
The Secretary will read.
THE SECRETARY:In Senate, Sunday, June 2nd, the Senate met pursuant to adjournment. The Journal of Saturday, June 1st, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT VALESKY:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
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, I believe there's a resolution previously adopted at the desk, Number 301, by Senator DeFrancisco. It was adopted on January 29th. Could you please read it in its entirety and then call on Senator DeFrancisco.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 301, by Senator DeFrancisco, congratulating the CNY United Power Soccer Team upon the occasion of winning the 2012 National Power Soccer Tournament.
"WHEREAS, Excellence in competitive team sports is achieved only through strenuous practice, determination and strategic planning, nurtured by dedicated coaching; and
"WHEREAS, The people of the State of New York take great pride in honoring those talented individuals who distinguish themselves and their community through outstanding team spirit, character, and athletic performance; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to hereby recognize and congratulate CNY United upon the occasion of winning the 2012 National Power Soccer Tournament; and
"WHEREAS, CNY United, a power soccer team in Central New York, was founded in 2005; the 2012 team was comprised of these members: Skyler Canute, Andrew Cunningham, Ryan Charboneau, Tony Reuter, Peyton Sefick, Hunter Schaffer, Hali Whyland, Morgan Reakes, Helena Schmidt, Sarah Hamlin, and Anthony Guarino; and
"WHEREAS, Power soccer, which is played by athletes in motorized wheelchairs, requires a great deal of teamwork, court sense, patience, vision, and timing; and
"WHEREAS, After months of rigorous practice and travel for out-of-state competitions, CNY United qualified for the 2012 National Power Soccer Tournament, which was held in Fort Wayne, Indiana, on July 15, 2012; and
"WHEREAS, CNY United finished 4-0-1 in the 2012 National Power Soccer Tournament, after beating the home team of Fort Wayne with a score of 3-1 during the tournament's championship game; and
"WHEREAS, CNY United prevailed victorious during the 2012 National Power Soccer Tournament due to the unbeatable combination of outstanding talent, sportsmanship, team effort, and perseverance; and
"WHEREAS, The notable efforts displayed by CNY United are due in great part to the dedicated forces of Head Coach Jim Sefick and Assistant Coach Tom Cunningham, along with Equipment Manager Ken Keppel, Mark Charboneau, and Alis Sefick; and
"WHEREAS, Members of CNY United have also received the loyal support of family, friends and the community at large throughout the entire season; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to recognize and congratulate CNY United upon the occasion of winning the 2012 National Power Soccer Tournament; the travel team members are Skyler Canute, Andrew Cunningham, Ryan Charboneau, Tony Reuter, and Peyton Sefick; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the athletes and coaches of CNY United."
ACTING PRESIDENT VALESKY:Senator DeFrancisco on the previously adopted resolution.
SENATOR DeFRANCISCO: Thank you.
I'm pleased to welcome the great national champion CNY United Power Soccer Team. And they're right here by the clock with their great coach, Jim Sefick, and some of the relatives are up in the gallery proudly watching their team today in this Senate chamber.
This team has gone all over the country to play power soccer, and they were successful in winning the national championship. But that's not something any of you would be surprised about, because we win national championships in Central New York all the time. This is just another one in the long line of national championships that we are responsible for.
We're really proud of all of you. It was a wonderful effort. And I've gone to a practice. I wouldn't get in one of those chairs because some of these guys are ruthless. They're banging the chairs against each other. I was afraid I was going to get hurt on the sidelines. This is a contact sport, believe me.
So we welcome you all here today, congratulate you, and best of success in the future.
Thank you.
ACTING PRESIDENT VALESKY:Congratulations to the members of the Central New York United Power Soccer Team on the occasion of winning the national championship, and we welcome you here to Albany and hope you enjoy your day.
(Standing ovation.)
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe Senator Gianaris and Senator Carlucci both have motions. So however you want to handle it.
ACTING PRESIDENT VALESKY:Very good.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Latimer, on page 27 I offer the following amendments to Calendar 231, Senate Print 2122, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received. The bill will retain its place on the Third Reading Calendar.
Senator Carlucci.
SENATOR CARLUCCI:Mr. President, I wish to call up your bill, Print Number 2170, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 180, by Senator Valesky, Senate Print 2170, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Senator Carlucci.
SENATOR CARLUCCI:Mr. President, I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT VALESKY:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:Senator Carlucci.
SENATOR CARLUCCI:Mr. President, I now offer the following amendments.
ACTING PRESIDENT VALESKY:The amendments are received.
Senator Libous.
SENATOR LIBOUS:On behalf of Senator Martins, Mr. President, on page 46 I offer the following amendments to Calendar Number 662, Senate Print 1987, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received.
SENATOR LIBOUS:On behalf of Senator Golden, I call up his bill, 3754, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 175, by Senator Golden, Senate Print 3754, an act to amend the Public Housing Law.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT VALESKY:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT VALESKY:The amendments are received.
SENATOR LIBOUS:On behalf of Senator Griffo, Mr. President, I call up his bill, 2233, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 267, by Senator Griffo, Senate Print 2233, an act to amend the State Technology Law.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:I move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT VALESKY:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I now offer up the following amendments.
ACTING PRESIDENT VALESKY:Those amendments are received.
SENATOR LIBOUS:Mr. President, on behalf of Senator Young, I call up her bill, Senate Print 3923A, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 340, by Senator Young, Senate Print 3923A, an act to amend the Highway Law.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT VALESKY:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT VALESKY:The amendments are received.
SENATOR LIBOUS:On behalf of Senator Golden, I call up his bill, 4422A, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 418, by Senator Golden, Senate Print 4422A, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT VALESKY:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT VALESKY:Those amendments are received.
SENATOR LIBOUS:Mr. President, on behalf of Senator Maziarz, I wish to call up his bill, Senate Print 1122, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 573, by Senator Maziarz, Senate Print 1122, an act to amend the Public Officers Law.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT VALESKY:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT VALESKY:The amendments are received.
SENATOR LIBOUS:Thank you, Mr. President.
And I have a number of amendments to make here. Let me start, Mr. President. I want to offer amendments to the following Third Reading Calendar bills.
The first one is on behalf of Senator Ritchie, page 34, Calendar Number 407, Senate Print 4302.
On behalf of Senator Zeldin, page 38, Calendar Number 490, Senate Print 4132A.
On behalf of Senator LaValle, page 44, Calendar Number 617, Senate Print 2006.
On behalf of Senator Gallivan, page 23, Calendar Number 74, Senate Print 583C.
On behalf of Senator Felder, page 44, Calendar 624, Senate Print 4529A.
On behalf of Senator Felder, page 45, Calendar Number 644, Senate Print 4880.
And the most important one, on behalf of Senator Libous, on page 27 -- that was a joke. I just wondered if everybody was listening.
(Laughter.)
SENATOR LIBOUS:-- on page 27, Calendar 208, Senate Print 4191A.
Mr. President, I now move that these bills retain their place on the Third Reading Calendar, please.
ACTING PRESIDENT VALESKY:All amendments have been received; all bills shall retain their place on the Third Reading Calendar.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe members are about to take their seats so that we could have order in the chamber, and we will now do the reading of the noncontroversial calendar.
ACTING PRESIDENT VALESKY:I would ask all Senators to be seated so that we may proceed with the noncontroversial reading of today's calendar.
The Secretary will read.
THE SECRETARY:Calendar Number 36, by Senator Bonacic, Senate Print 1884, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of July.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 36, those recorded in the negative are Senators Espaillat, Gipson, Hassell-Thompson, Hoylman, Krueger, Marcellino, Rivera, Sanders, Serrano, Stavisky and Tkaczyk.
Ayes, 50. Nays, 11.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 102, by Senator Maziarz, Senate Print 3806C, an act to amend the Energy Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 148, by Senator Larkin, Senate Print 274A, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 284, by Senator LaValle, Senate Print 3059B, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 284, those recorded in the negative are Senators Espaillat, Gipson, Kennedy, and Serrano.
Ayes, 57. Nays, 4.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 318, by Senator LaValle, Senate Print 1555, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 326, by Senator Klein, Senate Print 2369A, an act to amend the Local Finance Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect January 1, 2014.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 327, by Senator Zeldin, Senate Print 2925B, an act to authorize.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 327, those recorded in the negative are Senators Bonacic, Larkin and O'Mara.
Ayes, 59. Nays, 3.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 331, by Senator Griffo, Senate Print 4122, an act in relation to a certain agreement.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 338, by Senator Nozzolio, Senate Print 3298A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Gipson recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 367, by Senator Ball, Senate Print 2801, an act to amend the Election Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Gianaris to explain his vote.
SENATOR GIANARIS:Thank you, Mr. President.
This bill purports to allow people to register to vote while applying for a hunting or fishing license. I'm certainly not against allowing people easier access to voter registration. The reason I'm voting in the negative on this bill is for two reasons.
Number one, I have legislation that would open up interactions with every state agency to applications for voter registration, not just to a select few that may cater to a certain constituency and not others. And I think a uniform approach would be better served.
The second reason is because it's my understanding that some of these licenses are available from private entities. And I think the idea that we would allow people to register to vote with nongovernmental entities, with employees who may not be trained in how to properly handle or help people register to vote, is problematic on many levels.
So for those reasons I'll be voting in the negative.
ACTING PRESIDENT VALESKY:Senator Gianaris to be recorded in the negative.
Senator Krueger, do you wish to explain your vote?
SENATOR KRUEGER:Thank you.
I certainly share Senator Gianaris's concerns. I would highlight if this bill ensured that voter registration was taken with licenses for hunting and fishing only through government offices, I would have no problem with it.
But it actually sets up a scenario where over 1400 retail sites would actually be required to accept voter registration -- and again, as I believe was said, and their employees required to assist.
And so I am a strong believer in simplifying voter registration anywhere and everywhere, but I don't actually think we should have an unfunded mandate on private companies and their employees to have to do government's work.
So I'll be voting no, Mr. President. Thank you.
ACTING PRESIDENT VALESKY:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 367, those recorded in the negative are Senators Avella, Gianaris, Hoylman, Krueger, Montgomery, Parker, Rivera, Serrano and Stavisky.
Ayes, 53. Nays, 9.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 406, by Senator Ritchie, Senate Print 4299A, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 408, by Senator Gallivan, Senate Print 96, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 434, by Senator Carlucci, Senate Print 3280 --
SENATOR STAVISKY:Lay it aside.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT VALESKY:The bill is laid aside.
THE SECRETARY:Calendar Number 439, by Senator Fuschillo, Senate Print 774A, an act to amend the General Business Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 462, by Senator Seward, Senate Print 3563, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 462, those recorded in the negative are Senators Adams, Espaillat, Gianaris, Gipson, Hassell-Thompson, Hoylman, Kennedy, Krueger, Montgomery, Parker, Rivera, Sanders, Serrano and Stavisky.
Ayes, 48. Nays, 14.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 465, by Senator Young, Senate Print 4356, an act to amend the Soil and Water Conservation Districts Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 479, by Senator Hannon, Senate Print 4414, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 485, by Senator Maziarz, Senate Print 1063, an act to amend the County Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 506, by Senator Griffo, Senate Print 3494, an act to amend the Highway Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 553, by Senator Ball, Senate Print 2306, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 553: Ayes, 62. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 556, by Senator Seward, Senate Print 2895, an act to amend the Insurance Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect January 1, 2014.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 556, those recorded in the negative are Senators Gipson, Hoylman, Krueger, Montgomery, Perkins and Sanders.
Ayes, 57. Nays, 6.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 567, by Senator Avella, Senate Print 4544B, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 583, by Senator DeFrancisco, Senate Print 553B, an act to amend the Real Property Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 584, by Senator Hannon, Senate Print 3476A, an act authorizing.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 648, by Senator Bonacic, Senate Print 1876A, an act to amend the County Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 649, by Senator Klein, Senate Print 2438, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of January.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 658, by Senator Grisanti, Senate Print 1604, an act to amend the Labor Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators DeFrancisco and Gipson recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 678, by Senator Fuschillo, Senate Print 739, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 4. Senators Hassell-Thompson, Montgomery, Parker and Perkins recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 730, by Senator Addabbo, Senate Print 3740, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, I'm going to vote no. Not because I want to allow people to falsely solicit donations; my only point is that the law as it exists right now already prohibits that type of activity.
If you look at the sentence above the new sentence in the bill: "Engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or persons," and it goes on. And I just simply believe from a technical standpoint, falsely soliciting donations fits in that broad definition.
So that's the reason I'm voting no.
ACTING PRESIDENT VALESKY:Senator DeFrancisco to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 753, by Senator Young, Senate Print 2679A, an act to amend the General Municipal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 804, by Senator Serrano, Senate Print 918, an act to amend the Parks, Recreation and Historic Preservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous, that completes the noncontroversial reading of the calendar.
SENATOR LIBOUS:Mr. President, at this time can we do the controversial reading.
ACTING PRESIDENT VALESKY:The Secretary will ring the bells.
The Secretary will read.
THE SECRETARY:Calendar Number 434, by Senator Carlucci, Senate Print 3280, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT VALESKY:Senator Stavisky.
SENATOR STAVISKY:Explanation, please.
ACTING PRESIDENT VALESKY:Senator Carlucci, an explanation has been requested by Senator Stavisky.
SENATOR CARLUCCI:Thank you.
This piece of legislation is an important piece of legislation to really bring the Mental Hygiene Law into the 21st century, give much needed flexibility to hospitals to make sure that when it is needed to admit someone to a psychiatric center, that a nurse practitioner, a psychiatric nurse practitioner acting within their scope, can do that.
A psychiatric nurse practitioner already has the ability to diagnose, to treat, to prescribe atypical antipsychotic medications. So this is adding flexibility, bringing the law into the 21st century. And that's it.
Thank you.
ACTING PRESIDENT VALESKY:Senator Stavisky.
SENATOR STAVISKY:Will the Senator yield?
ACTING PRESIDENT VALESKY:Senator Carlucci, do you yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR STAVISKY:Mr. President, through you.
This was a product of the Committee on Mental Health and Developmental Disabilities, and yet much of the bill pertains to the scope of practice. Shouldn't this have been heard by the Committee on Higher Education?
SENATOR CARLUCCI:Mr. President, this bill only amends the Mental Hygiene Law. It does not change the scope of practice. This is fully allowing nurse practitioners to act within their scope of practice.
SENATOR STAVISKY:If the Senator would continue to yield.
ACTING PRESIDENT VALESKY:Senator Carlucci?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR STAVISKY:What is the current process for voluntary and involuntary commitment of patients?
SENATOR CARLUCCI:The current process for voluntary and involuntary admission is that a physician -- psychiatrist, 99 percent of the time -- would have to submit a medical certification. Therefore, then the director of the facility where they're being submitted would have to have another physician examine that patient to determine what their need is to keep them on an involuntary basis.
SENATOR STAVISKY:If the Senator would continue to yield.
ACTING PRESIDENT VALESKY:Senator Carlucci, do you yield continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR STAVISKY:If the person -- and I'm not talking about a voluntary commitment, because I think that's a totally different issue. I'm talking about the involuntary commitment. Generally, wouldn't you agree that patients are taken to the emergency room?
SENATOR CARLUCCI:Mr. President, yes, in many cases there are situations where people are going to emergency rooms. And this is where we need that flexibility, to make sure that we have quality patient care.
We've seen a decrease in the level of psychiatrists around the state, and that's why we want to make sure that these psychiatric nurse practitioners that are acting in their scope have that ability to admit someone so they're not just staying in an emergency room for an undue amount of time.
SENATOR STAVISKY:If the Senator would continue to yield.
ACTING PRESIDENT VALESKY:Senator Carlucci?
SENATOR CARLUCCI:Yes, I continue to yield.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR STAVISKY:If they are taken to the emergency room, generally the emergency rooms have two psychiatrists available because two psychiatrists are required for the commitment proceedings; is that correct?
SENATOR CARLUCCI:Well, that would be the process that we would need the two physicians to sign off to admit them. However, this is filling the need in the cases where there are not two psychiatrists on staff.
SENATOR STAVISKY:If the Senator would continue to yield.
ACTING PRESIDENT VALESKY:Senator Carlucci, do you continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR STAVISKY:If this bill were enacted and a nurse practitioner can sign the necessary papers for an involuntary commitment, aren't you opening up that institution and the healthcare professionals to grounds for a legal challenge on taking away someone's civil rights?
In other words, a civil commitment is a very serious proceeding. And there have been statutes and court cases involving the entire civil commitment proceedings.
SENATOR CARLUCCI:Yeah, I would disagree with that.
This does not change the scope of practice for the nurse practitioner. It still has the safeguards for the adequacy of counsel. The hearings that would be involved are still in place. And this law does nothing to change that, to make sure that those safeguards are in place.
SENATOR STAVISKY:If the Senator would continue to yield.
ACTING PRESIDENT VALESKY:Senator Carlucci.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor continues to yield.
SENATOR STAVISKY:That wasn't my question. My question was you're changing the whole civil commitment proceeding and opening both the healthcare professionals and the institution to a court case.
SENATOR CARLUCCI:No, I would disagree with that. This does not change the proceeding.
It does one simple change to the Mental Hygiene Law in allowing nurse practitioners to act within their full scope of practice.
SENATOR STAVISKY:One last question.
ACTING PRESIDENT VALESKY:Senator Carlucci?
SENATOR CARLUCCI:I yield.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR STAVISKY:What exactly can the nurse practitioner do in terms of diagnosis?
SENATOR CARLUCCI:Well, right here I have the law in front of me. "The practice of registered professional nursing by a nurse practitioner, certified under Section 6910 of this article, may include the diagnosis of illness and physical conditions and the performance of therapeutic and corrective measures within the specialty area of practice, in collaboration with a licensed physician qualified to collaborate in the diagnosis involved."
SENATOR STAVISKY:I'm sorry, then there's one more question I have.
ACTING PRESIDENT VALESKY:Senator Carlucci, do you yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR STAVISKY:It says in collaboration with a licensed psychiatrist. But if you've got a licensed psychiatrist, why do you need the nurse practitioner?
SENATOR CARLUCCI:Right. And you're exactly right, this does not change the licensed physician qualified to collaborate. It doesn't change that at all.
What this does is add flexibility in the cases where we have statistics that show a decrease in acting psychiatrists in New York State, and where we do not have two psychiatrists on staff at an ER particularly. This bill would be very helpful in that case to deliver quality care that New Yorkers deserve.
SENATOR STAVISKY:Thank you, Senator Carlucci, for your explanation.
On the bill, Mr. President.
ACTING PRESIDENT VALESKY:Senator Stavisky on the bill.
SENATOR STAVISKY:Yes. The words "in collaboration" are part of the statute. And if the psychiatrists are there to offer the collaboration -- because you can't have a psychiatrist in Buffalo collaborating with a nurse practitioner in Riverhead. Therefore, it seems to me that you are creating a potential problem.
I think when you take away somebody's civil rights and involuntarily commit that individual to a hospital, that is a very serious proceeding and I think it should require the two psychiatrists. I have no problem with the voluntary commitment, but I have a serious problem with the involuntary commitment.
I vote no.
ACTING PRESIDENT VALESKY:Senator Hannon.
SENATOR HANNON:Thank you, Mr. President.
Senator Carlucci, I'm not going to ask you questions, but I have some doubts about this -- not from your committee standpoint on mental health, but rather from health. Because we're dealing with the nurse practitioners.
We're dealing with the nurse practitioners. And we've been really looking at how to expand folks who are auxiliary parts but necessary parts and important parts of the healthcare system, dealing with physician's assistants and nurse practitioners.
And when it came down to examination, it's been tangentially related to this discussion from the Health Committee, I know it's been going on in the Higher Education Committee. And usually when we're dealing with scope of practice, they primarily go through Higher Education.
Part of the discussion I've been involved with and have been with a number of units of physician practices or organized medicine -- not necessarily just the Medical Society, but internists or family practitioners or primary care practitioners -- has been the greater involvement of nurse practitioners.
But there are nurse practitioners and there are nurse practitioners. Some of them have just graduated, and some of them have been practicing for a number of years. Some of them are qualified to do things to stand in the stead of the physician that they're assisting or they're working in collaboration with, and some of them are not there yet.
And I think when you start to marry the policies that are embodied in this bill, which would be the qualifications of the nurse practitioner and the questions in regard to psychiatric judgments and questions in regard to being committed, I think we need to take another look at this and try to figure out how there could be a greater compromise.
So I mean I think some people have some doubts because of other discussions, namely in the medical field, but I have doubts and think that we should go back and take a longer look at this and leave this for another day.
ACTING PRESIDENT VALESKY:Thank you, Senator Hannon.
Senator Rivera.
SENATOR RIVERA:Thank you, Mr. President. If the sponsor would yield for a few questions.
ACTING PRESIDENT VALESKY:Senator Carlucci, do you yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR RIVERA:Thank you.
Through you, Mr. President. Could the sponsor tell me how he defines scope of practice?
SENATOR CARLUCCI:Scope of practice is defined in the law, and that's how I would define it, what is specified in Education Law.
SENATOR RIVERA:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT VALESKY:Senator Carlucci, do you yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR RIVERA:Through you, Mr. President, do you have that definition available, by any chance?
SENATOR CARLUCCI:Yes, I do.
SENATOR RIVERA:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT VALESKY:Senator Carlucci, do you yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor continues to yield.
SENATOR RIVERA:Thank you, Mr. President. So through you, what is that definition?
SENATOR CARLUCCI:The definition that I have in front of me, what I read previously, is "the diagnosis of illness and physical conditions in the performance of therapeutic and corrective measures within a specialty area of practice, in collaboration with a licensed physician qualified to collaborate in the specialty involved, provided such services are performed in accordance with a written practice agreement and written practice protocols."
SENATOR RIVERA:Through you, Mr. President, if the sponsor would --
SENATOR CARLUCCI:And that's just part of the scope. As we talked about before, really when we talk about psychiatric nurse practitioners, the ability to treat, diagnose and prescribe.
SENATOR RIVERA:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT VALESKY:Senator Carlucci, do you yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR RIVERA:Thank you, Mr. President, through you.
I was unclear in my earlier question. I was not referring in particular to the scope of practice of nurse practitioners. My question -- through you, Mr. President -- would be how you define the concept of scope of practice, regardless of whether we're talking about doctors, nurse practitioners, or any other person.
SENATOR CARLUCCI:Well, I would say, to make it as short as possible, the definition of law that gives them the criteria to act within that profession.
SENATOR RIVERA:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT VALESKY:Senator Carlucci?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR RIVERA:Thank you, Mr. President.
So if we're saying that we're talking about procedures, action and processes that are permitted under the law for a particular licensed individual, how is the bill in front of us not a scope-of-practice bill as it relates to nurse practitioners?
SENATOR CARLUCCI:This bill is allowing nurse practitioners to fully act within their scope of practice. This is changing Mental Hygiene Law, not changing their scope of practice in the Education Law. The simple change to bring it into the 21st century and allow nurse practitioners to admit on a voluntary or involuntary basis.
SENATOR RIVERA:Thank you, Mr. President. On the bill.
ACTING PRESIDENT VALESKY:Senator Rivera on the bill.
SENATOR RIVERA:Thank you, Mr. President.
So I thank the sponsor for answering some of the questions.
And when I'm referring to scope of practice in particular, we might be talking about 19th, 20th or 21st century. What we're talking about is the actions, the procedures and the processes that somebody can perform.
So I have to agree with my colleague Senator Stavisky when pointing out that this bill actually changes the way that nurse practitioners can actually do their job. It actually expands their ability to do something; therefore, it is something that should have been considered in the Higher Education Committee. That's number one.
Number two, what we're talking about here -- and I also have to agree with Senator Stavisky -- is a very specific action that has to do with the involuntary -- you know, putting somebody in a psychiatric hospital involuntarily. That is something that is, as a matter of fact, the conversation that we were having earlier. And I want to say Senator Sanders was the one that shared this with me, and I could not agree with him more. We should be talking about how to not lower the standards for such an action but actually make sure that we hold them to where we are right now, since we're talking about a very serious action that a medical practitioner will take.
And lastly, I would also agree with Senator Hannon that when we're talking about what nurse practitioners can and cannot do, certainly we should be talking within the Health Department.
I have to say that even though I don't question that we might need more professionals to be able to do this type of work, I do not agree -- even though nurse practitioners are highly skilled individuals, I do not believe that we should expand their ability to be able to do this particular thing. So I will be voting in the negative on this piece of legislation.
Thank you so much, Mr. President.
ACTING PRESIDENT VALESKY:Senator Carlucci.
SENATOR CARLUCCI:Mr. President, after listening to the concerns of my colleagues, I'd like to lay this bill aside for the day and work with my colleagues to find out how we can make this bill what it's intending to do, to move these laws into the 21st century, give that flexibility that's needed.
So I'll lay the bill aside for the day.
ACTING PRESIDENT VALESKY:The bill is laid aside for the day.
Senator Libous, that completes the controversial reading of the calendar.
SENATOR LIBOUS:Mr. President, I believe that in consultation with -- there's no consultation.
(Laughter.)
SENATOR LIBOUS:On behalf of Senator Klein and Senator Skelos, there will be a hand-up coming up to the desk.
ACTING PRESIDENT VALESKY:The hand-up is received.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, is there any further business at the desk?
ACTING PRESIDENT VALESKY:There is no further business at the desk.
SENATOR LIBOUS:There being no further business, I move that the Senate will adjourn until tomorrow, Thursday, June 4th, at 3:00 p.m.
ACTING PRESIDENT VALESKY:On motion, the Senate stands adjourned until Tuesday, June 4th, at 3:00 p.m.
(Whereupon, at 5:08 p.m., the Senate adjourned.)
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