Gaveled in 3:48 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 4, 2013
3:48 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:Today's prayer will be offered by Muhammad Sayeedur Rahman Khan, Imam of Masjid Al Arapha in Jamaica, Queens, New York City.
Imam.
IMAM KHAN:{Singing in Arabic.}
I seek refuge to Allah from the devils, the rejectors, with the name of Allah, the God most merciful, the most beneficent.
To Allah belongs all that is in the heavens and all in the earth. And whether you disclose what is in your minds or conceal it, Allah will call you to account for it. Then he forgives whom he will please and punishes whom he wills. And Allah has power over all things.
The messenger, Muhammad, peace be upon him, believes what has been sent down to him from his Lord, and so do the believers. Each one believes in Allah, His angels, His books, and his messengers. They say, "We make no distinction between one another of his messengers." And they say, "We hear and we obey. We seek Your forgiveness, O our Lord, and to You is the return."
Allah not burdens a person beyond his scope. He gets reward for that good actions which he does, what he earns, and he is punished for the evil which he has earned.
O our Lord, do not punish us if we forget or fall into error. Our Lord, lay not on us a burden like that which You did lay on those nations before us. Our Lord, do not put on us a burden greater than we have strength to bear.
Pardon us and grant us forgiveness. Have mercy on us. You are our patron, supporter and protector. And give us victory over the disbelieving peoples.
Amen, God, Just One, Amen.
ACTING PRESIDENT GRIFFO:Thank you, Imam.
The reading of the Journal.
THE SECRETARY:In Senate, Monday, June 3rd, the Senate met pursuant to adjournment. The Journal of Sunday, June 2nd, 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 27, Senator Marcellino moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 5788 and substitute it for the identical Senate Bill Number 4317, Third Reading Calendar 315.
ACTING PRESIDENT GRIFFO:Substitution so ordered.
Can I have some order in the chamber, please.
The Secretary will continue.
THE SECRETARY:On page 43, Senator Espaillat moves to discharge, from the Committee on Housing, Construction and Community Development, Assembly Bill Number 2929A and substitute it for the identical Senate Bill Number 1740A, Third Reading Calendar 674.
ACTING PRESIDENT GRIFFO:Substitution so ordered.
THE SECRETARY:On page 46, Senator LaValle moves to discharge, from the Committee on Judiciary, Assembly Bill Number 4359 and substitute it for the identical Senate Bill Number 1562, Third Reading Calendar 760.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 46, Senator Martins moves to discharge, from the Committee on Judiciary, Assembly Bill Number 6551 and substitute it for the identical Senate Bill Number 4833, Third Reading Calendar 764.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will continue.
THE SECRETARY:And on page 46, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Bill Number 6553 and substitute it for the identical Senate Bill Number 5004, Third Reading Calendar 765.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports of officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Mr. President, we'll come back and do motion and resolutions. Right now I think it's more imperative that we call an immediate meeting of the Finance Committee in Room 332.
There will be an immediate meeting of the Finance Committee in Room 332, and in the in the meantime we will stand at ease.
ACTING PRESIDENT GRIFFO:There's an immediate meeting of the Finance Committee in Room 332.
The Senate will stand at ease.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:While we're calling members to the Finance Committee, we could do some housekeeping. So let's go back to motions.
ACTING PRESIDENT GRIFFO:The Senate is in session.
Senator Libous, we'll return to motions and resolutions.
SENATOR LIBOUS:Mr. President, on behalf of Senator Zeldin, I wish -- can we have a little order?
ACTING PRESIDENT GRIFFO:Excuse me, Senator Libous.
Can I have some order in the chamber, please. I know members are moving to the Finance Committee meeting. But I would ask all of the conversations to please be taken outside the chamber {gaveling}.
The Finance Committee is to report in Room 332. We are returning to motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Mr. President, on behalf of Senator Zeldin, I wish to call up his bill, Print Number 3816, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 236, by Senator Zeldin, Senate Print 3816, an act to amend Chapter 719 of the Laws of 1982.
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, 60.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR LIBOUS:Mr. President, on behalf of Senator Libous, I wish to call up his bill Print Number 4360A, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 511, by Senator Libous, Senate Print 4360A, an act to amend the Highway Law.
SENATOR LIBOUS: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, 60.
SENATOR LIBOUS:Mr. President, I hand up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR LIBOUS:Mr. President, on behalf of Senator LaValle, on page 23 I offer the following amendments to Calendar Number 154, Senate Print 1853, 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:Mr. President, on behalf of Senator Fuschillo, on page 41 I offer the following amendments to Calendar Number 646, Senate Print 770A, 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 Golden, on page 23 I offer the following amendments to Calendar Number 175, Senate Print 3754A, 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 Ball, on page 33 I offer the following amendments to Calendar Number 453, Senate Print 2560, and ask that said bill retain its place on the Third Reading Calendar.
And, Mr. President, at this time would you call on Senator Carlucci.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
Senator Carlucci.
SENATOR CARLUCCI:Mr. President, on behalf of Senator Klein, on page number 46 I offer the following amendments to Calendar Number 761, Senate Print Number 3567, and ask that the 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 the third reading.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
At this time I believe that Senator Peralta would like to be recognized for the purposes of recognizing a group that is with us in the chamber today.
ACTING PRESIDENT GRIFFO:Senator Peralta for the purposes of an acknowledgment.
SENATOR PERALTA:Thank you, Mr. President.
I am extremely proud to recognize, welcome and honor the men and women from the Bangladeshi-American group who have joined us here today in the Capitol -- in particular, Kamal Bhuiyan, Jahinger, Zhazan, and all the other organizers that brought this group up here to Albany.
From politics and the economy to science and technology to the arts and scholarship, Bangladeshi-Americans have made an enormous contribution to this state and this nation.
I'm extremely fortunate to have a large, vibrant Bangladeshi-American population right in the heart of my district. My Bangladeshi-American constituents have strengthened and enriched our neighborhoods, our community and our local economy through their valuable contributions and customs.
I am thrilled to see members of my community and other Bangladeshi-American New Yorkers from across the state up in the Capitol making their presence known and their voices heard. New York's greatest strength is its diversity, and this day is an important step towards making our state stronger than ever.
I want to thank all of you for coming and showing up here and all your enormous contributions to the State of New York. Thank you for doing what you do on a day-to-day basis.
Please stand up.
(Applause.)
ACTING PRESIDENT GRIFFO:Thank you, Senator Peralta.
And we thank you all and welcome you to the Senate chambers.
Senator Maziarz.
SENATOR MAZIARZ:Thank you very much, Mr. President.
Could the Senate now please stand at ease pending the reports of the various committees.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 4:01 p.m.)
(Whereupon, the Senate reconvened at 4:20 p.m.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:If we can return to reports of standing committees, I believe there's a report of the Finance Committee at the desk.
ACTING PRESIDENT GRIFFO:The Senate will come to order.
We will return to reports of standing committees.
The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nominations:
As commissioner of the Port Authority of New York and New Jersey, Jeffrey Hayden Lynford, of New York.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Thanks, Mr. President.
I am proud to rise to move the nomination and reappointment of Jeffrey Hayden Lynford, of New York City, for commissioner of the Port Authority of New York and New Jersey.
He appeared not only before the Transportation Committee but also before the Finance Committee, and was unanimously approved at both committees, and reasonably so.
This individual has an incredible record, and the mere fact that he's willing to add this responsibility on all of the other responsibilities he has is really a tribute to him. And it's a great nomination by Governor Cuomo.
So I move his nomination.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
The question is on the nomination of Jeffrey Hayden Lynford as a commissioner of the Port Authority of New York and New Jersey. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:Jeffrey Hayden Lynford is hereby confirmed as a commissioner of the Port Authority of New York and New Jersey.
Congratulations and good luck.
(Applause.)
ACTING PRESIDENT GRIFFO:Mr. Lynford, we thank you and express our gratitude and best wishes.
For the second nomination, the chair recognizes Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I have another nomination, a reappointment as a member of the Republic Airport Commission, Frank A. Nocerino, of North Massapequa.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco, first we'll have the Secretary read the nomination.
THE SECRETARY:As a member of the Republic Airport Commission, Frank A. Nocerino, of North Massapequa.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: In the interests of time, I move the nomination.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Frank A. Nocerino as a member of the Republic Airport Commission. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:Frank A. Nocerino is hereby confirmed as a member of the Republic Airport Commission.
Thank you, Senator DeFrancisco.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Could we go back to motions and resolutions, please.
ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.
SENATOR LIBOUS:At this time could we adopt the Resolution Calendar.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
SENATOR LIBOUS:Mr. President, can you talk and write at the same time?
ACTING PRESIDENT GRIFFO:I can. You've taught me well.
SENATOR LIBOUS:Good. Would you call on Senator Serrano, please.
ACTING PRESIDENT GRIFFO:Senator Serrano.
SENATOR SERRANO:Thank you. There will be an immediate meeting of the Democratic Conference in Room 351.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Democrat Conference in Room 315.
SENATOR LIBOUS:Mr. President, before the Democrats conference, if all the members would pay close attention.
At ten minutes to 5:00 there will be a Rules Committee meeting, and I would ask that everybody be there promptly, in Room 332. So at ten minutes to 5:00 there will be a Rules Committee meeting. We will buzz through the Rules Committee meeting, come back to the floor and address the calendar.
In the meantime, the Senate will stand at ease.
ACTING PRESIDENT GRIFFO:There will be a meeting of the Rules Committee at 4:50 p.m. in Room 332.
Until such time, the Senate will stand at ease.
(Whereupon, the Senate stood at ease at 4:24 p.m.)
(Whereupon, the Senate reconvened at 5:14 p.m.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Could we go back to motions, please.
ACTING PRESIDENT GRIFFO:The Senate will return to session, and we'll return to the order of motions and resolutions.
SENATOR LIBOUS:Thank you, Mr. President.
On behalf of Senator Golden, on page 41 I offer the following amendments to Calendar Number 655, Senate Print 4248, 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:Also on behalf of Senator Golden, on page 31 I offer the following amendments to Calendar Number 393, Senate Print 4444, 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.
SENATOR LIBOUS:Mr. President, at this time could we go back to reports of standing committees.
I believe there's a report of the Rules Committee at the desk. I ask that it be read at this time.
ACTING PRESIDENT GRIFFO:We will return to reports of standing committees, and the Secretary will read.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 1294, by Senator Griffo, an act to amend the General Municipal Law;
Senate 1940, by Senator Fuschillo, an act to amend the Limited Liability Company Law;
Senate 3462, by Senator Seward, Concurrent Resolution of the Senate and Assembly;
Senate 5009A, by Senator Valesky, an act to amend the Legislative Law;
Senate 5161, by Senator Marchione, an act to amend the Legislative Law;
Senate 5166, by Senator Marchione, an act relating to rules and regulations;
Senate 5241, by Senator Ball, an act to authorize the commissioner;
Senate 5441, by Senator Kennedy, an act to amend the Highway Law;
Senate 5519, by Senator Griffo, an act to amend the Executive Law;
Senate 5536A, by Senator Maziarz, an act to amend the Public Service Law;
Senate 5553, by Senator Valesky, an act to amend the State Administrative Procedure Act;
Senate 5656, by Senator Marcellino, an act to amend the Vehicle and Traffic Law;
And Senate 5657, by Senator Gallivan, an act to amend the State Administrative Procedure Act.
All bills reported direct to third reading.
SENATOR LIBOUS:Move to accept the report of the Rules Committee.
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 report is accepted.
Senator Libous.
SENATOR LIBOUS:Mr. President, at this time could we have the noncontroversial reading of the calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 80, by Senator Golden, Senate Print 2093, an act to amend the Elder 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. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 315, substituted earlier by Member of the Assembly --
SENATOR LIBOUS:Lay the bill aside for the day.
ACTING PRESIDENT GRIFFO:Lay it aside for the day.
THE SECRETARY:Calendar Number 341, by Senator Martins, Senate Print 4056, an act to repeal Section 271 of 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:Announce the results.
THE SECRETARY:In relation to Calendar Number 341, those recorded in the negative are Senators Espaillat, Gianaris, Gipson, Krueger, Rivera, Sanders, Serrano and Tkaczyk.
(Pause.)
ACTING PRESIDENT GRIFFO:Results.
THE SECRETARY:In relation to Calendar 341, those recorded in the negative are Senators Ball, Espaillat, Gianaris, Gipson, Hassell-Thompson, Krueger, Parker, Rivera, Sanders, Serrano, Stavisky, and Tkaczyk.
Ayes, 51. Nays, 12.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 360, by Senator Golden, Senate Print 2094A, an act to amend the Domestic Relations 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 460, by Senator Grisanti, Senate Print 1675, an act to amend the Navigation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Grisanti to explain his vote.
SENATOR GRISANTI:Yes, thank you, Mr. President.
You know, this bill passed last year. And I don't understand why so many people are voting against this bill.
If you're looking at what the office of the State Comptroller is saying for an opposition, it's absolutely not correct at what they're stating.
Basically the purpose of the bill is to get more oil spills cleaned, more oil spills cleaned up in your districts. Oil spills that are old abandoned gas stations that are sitting there. This bill allows a person who has by a preponderance of evidence the information that another person did the spill, then they can go ahead and have another individual pay for the cleanup. Or they jointly pay for the cleanup.
We have over 16,000 spills across New York State. You know what have been cleaned up? Two hundred and fifty. That's why these gas stations are sitting there by themselves for years and years and years causing blight in your communities.
This bill allows a different area. The last time any of this Navigation Law was amended was 1992. We have come a long way in scientific methods. We have, believe it or not, a DNA sort of testing; we know how old the oil is, we know how old the gas is that's under the ground that spilled so we can basically state who caused that spill and who was the owner at that time.
That's all you need to then go to the DEC. It relieves the burden on them to say, Hey, I just bought the property. This guy is the one that did it two years ago, five years ago, 10 years ago. And the evidence is there and the evidence is clear.
So I urge you to take a look at the justification, read the bill. This is not something that is a burden, it strengthens it. And it works well and it will move these properties back onto the tax roll to increase revenue for the state.
I vote aye, Mr. President. And I urge you to talk to me and I'll send you the information. Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Grisanti to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 460, those recorded in the negative are Senators Addabbo, Avella, Ball, Breslin, Carlucci, Dilan, Espaillat, Gianaris, Gipson, Hassell-Thompson, Krueger, Latimer, LaValle, Marcellino, Montgomery, Parker, Rivera, Sanders, Squadron, Stewart-Cousins and Tkaczyk. Also Senator Peralta. Also Senator Perkins.
(Pause.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 460, those recorded in the negative are Senators Addabbo, Avella, Ball, Breslin, Carlucci, Dilan, Espaillat, Gianaris, Gipson, Hassell-Thompson, Hoylman, Krueger, Latimer, LaValle, Marcellino, Montgomery, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins and Tkaczyk.
Ayes, 37. Nays, 26.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 492, by Senator Grisanti, Senate Print 4244, an act to amend the Local Finance 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, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 535, by Senator Parker, Senate Print 1615A, an act to amend the Not-For-Profit Corporation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect November 11, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 578, by Senator Carlucci, Senate Print 3866, an act to amend the Civil Rights 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 655 is high.
The Secretary will read Calendar Number 674.
THE SECRETARY:Calendar Number 674, substituted earlier by Member of the Assembly Wright, Assembly Print Number 2929A, 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, 62. Nays, 1. Senator Martins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 710, by Senator Kennedy, Senate Print 373, an act to amend the Penal 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.)
ACTING PRESIDENT GRIFFO:Senator Kennedy to explain his vote.
SENATOR KENNEDY:Thank you, Mr. President.
Earlier this year our community in Western New York was shaken up after hearing about a terrible case of elder abuse, a case that specifically dealt with the financial exploitation of a senior citizen.
Ninety-year-old Matt Pollack had worked his entire life to save up over $600,000 so that he could spend his last days and years living independently in his home in Niagara County. Matt got to know one of his neighbors, Kenneth Heitzenrater, and he began to trust him like a son. His trust in him was so strong that in 2010 he signed a power of attorney putting Heitzenrater in charge of his accounts.
Over the course of just a few years, while Heitzenrater should have been looking out for Matt, he emptied out his savings, stealing more than $550,000 from this defenseless elderly individual.
The Niagara County courts have ordered Heitzenrater to pay restitution of $1,300 a month. But at that rate, it will take him 35 years to pay back what he stole. Unfortunately for Matt, he won't have the 35 years to get back the money and the dignity that was stolen from him.
It's a tragic case, and it's downright disgusting, but it's not unique. Studies show that each year approximately 260,000 New Yorkers are victims of all types of elder abuse: Physical, emotional, psychological, financial. What's worse is that too many of those cases go unreported.
When it comes to financial exploitation, it's estimated that for every case reported to the proper authorities, 44 cases go unreported.
It's time New York State gets tough on those who seek to hurt or exploit vulnerable senior citizens. Presently our state has no legal provision that specifically addresses financial abuse of seniors. This has to change. This has led to instances where prosecutors may not have been able to bring sufficient charges against people who have exploited vulnerable senior citizens or people with disabilities.
This bill adds a new section of the law that will attack and prevent this crime while giving prosecutors the authority they need to stop scam artists from defrauding individuals.
New York's population is aging. This problem may only get worse unless we act now. We need to step up our efforts to protect the most vulnerable New Yorkers. I thank my colleagues for supporting this important measure.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:Senator Kennedy to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 760, substituted earlier by Member of the Assembly Thiele, Assembly Print 4359, Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT GRIFFO:The Secretary will call the roll on the concurrent resolution.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The concurrent resolution is adopted.
THE SECRETARY:Calendar Number 763, by Senator DeFrancisco, Senate Print 4792, an act to amend the Family Court Act.
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 DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, this is a very important bill responding to a terrible situation in Central New York.
A woman and a young girl were abducted by an individual who was charged with murder at a shopping mall in Central New York, a very well frequented shopping mall. That individual was awaiting trial on some charges in federal court, sexual-related charges in federal court.
Well, when he was arraigned, the individual was let out of jail on bail and actually was given one of those ankle bracelets. Unfortunately the federal probation department did not monitor the bracelet and what ended up happening, he was able to jimmy it off of him whenever he wanted to. Therefore, he was out in the public where he shouldn't have been.
He abducted a woman and a young girl, raped the young girl in front of the woman and killed the woman in front of the young girl. He was later apprehended. He's now facing charges.
Later on, the federal court found out that this man had a sex-related charge as a juvenile. But unfortunately the federal court did not have that information when determining whether to release the man.
So this bill is a very limited exception to juvenile court records being sealed. And what it does is simply this. Either a prosecutor who's trying to argue bail or a court before whom the individual is facing a sexual-related charge, they can check with Family Court under this bill. And just the Family Court would review is there a sex-related offense or not. If not, everything remains sealed. If so, the court and the prosecutor are allowed to get that information for the purposes of setting bail.
I think it's a very limited bill and it's an important bill. And we hope that this passes unanimously because it's definitely needed, in my opinion.
Thank you, Mr. President. I vote aye, as you might expect.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59. Nays, 4. Senators Hassell-Thompson, Montgomery, Parker and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 764, by substituted earlier Member of the Assembly Lavine, Assembly Print 6551, an act to amend Chapter 367 of the Laws of 1999.
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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 765, substituted earlier by Member of the Assembly Skartados, Assembly Print 6553, an act to amend the Civil Practice Law and Rules.
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, 62. Nays, 1. Senator Gipson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 766, by Senator Bonacic, Senate Print 5078, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 771, by Senator DeFrancisco, Senate Print 340A, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 772, by Senator Flanagan, Senate Print 1194A, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 773, by Senator Skelos, Senate Print 1431, an act to amend the Criminal Procedure 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 774, by Senator Flanagan, Senate Print 1450, an act to amend the Penal 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. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 777, by Senator Klein, Senate Print 2333, an act to amend the Civil Practice Law and Rules.
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, 60. Nays, 3. Senators Montgomery, Parker and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 779, by Senator Lanza, Senate Print 2492, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 781, by Senator Nozzolio, Senate Print 4487, an act to amend the Criminal Procedure 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 Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President.
Mr. President, this bill allows a victim of a sexual assault to have the court order -- the defendant to submit to an HIV test within 48 hours of filing the indictment.
Now, I'm aware that current law in New York State allows the victim of a sex offense to petition the court for an order to have the defendant tested within six months after the date the crime occurred if it's found medically necessary.
I'm also fully aware that the intent of this bill is to comply with federal standards to receive the full amount of federal grants to encourage arrest policies, and that the New York State Department of Criminal Justice Services estimates New York is losing 5 percent of complete funding and netted a loss of about $150,000 in 2011 because New York isn't complying with the federal 48-hour standard.
One hundred and fifty thousand dollars, Mr. President, statewide, for not complying with bad federal guidelines. In my opinion, Mr. President, that's money well spent.
It's money well spent because we should do everything we can to assist survivors of sexual assault. The federal guidelines are dangerous policy with potential tragic consequences. The only way, Mr. President, a person can determine if they have HIV is to get tested themselves. Period.
The bill before us is well-meaning, but it's classic feel-good stuff. It may provide some comfort to us or the victim to have the opportunity to test a perpetrator for HIV, but in the meantime the victim is sitting on a time bomb.
What any person should do if they are sexually assaulted is to immediately start a round of post-exposure prophylaxis for HIV infection. There are countless respected scientific studies and directives, including from our own State Department of Health, which state in the clearest possible terms that post-exposure prophylaxis should be initiated as rapidly as possible after possible exposure -- with the greatest benefit, Mr. President, coming within 36 hours, and no longer than 72 hours.
It's important to point out that this legislation requires testing 48 hours from indictment. Not the actual crime, not the arrest. The indictment could come days, weeks, or months from the time of the crime and the accused could actually be the wrong person.
The New York State Department of Health cites studies stating treatment should begin immediately even before the results of a victim's HIV test are confirmed. Suggesting to a victim, Mr. President, that he or she should wait and rely on the HIV testing of a defendant has the potential to victimize an individual not once, but twice.
ACTING PRESIDENT GRIFFO:Senator Hoylman, how do you vote?
SENATOR HOYLMAN:Mr. President, if I could just finish.
ACTING PRESIDENT GRIFFO:Please.
SENATOR HOYLMAN:The fact that the federal government is enticing our state to adopt this policy for about $150,000 worth of funding, funding which we've already missed for this year, doesn't make this bill any less dangerous or the medical science any less sound.
Mr. President, thank you. I'll be voting in the negative.
ACTING PRESIDENT GRIFFO:Senator Hoylman to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar 781, those recorded in the negative are Senators Espaillat, Hassell-Thompson, Hoylman, Montgomery, Parker, Perkins, Rivera, Serrano and Squadron.
Ayes, 54. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 782, by Senator Nozzolio, Senate Print 4488, an act to amend the Penal 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:Results.
THE SECRETARY:In relation to Calendar Number 782, those recorded in the negative are Senators Dilan, Hassell-Thompson, Montgomery and Perkins.
Ayes, 59. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 785, by Senator Lanza, Senate Print 4751, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 786, by Senator Felder, Senate Print 5202, an act to amend the Family Court Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 788, by Senator Bonacic, Senate Print 1879, an act to amend the Criminal Procedure 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:Those recorded in the negative are Senators Montgomery, Hassell-Thompson and Perkins.
Ayes, 60. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 790, by Senator DeFrancisco, Senate Print 2316, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: I'm tired of carrying this bill. I am tired of carrying this bill. This passes year after year unanimously.
And with the obesity problem in the State of New York, you would think that we would get it passed in both houses so that we could have a coordinated program. I mean, the First Lady of this country is trying to focus on this particular issue. I've been trying to focus when the First Lady was not the First Lady, for years and years. We can't get it passed in the Assembly.
So there's a Democrat sponsor, a Majority sponsor. So those of you who can put some influence on the majority members of that house to get the bill on and pass it -- it's a no-brainer -- I would be forever indebted to you, and you wouldn't have to hear me say this again next year.
Thank you very much.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 796, by Senator Seward, Senate Print 3728B, an act to amend the State Finance 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, 62. Nays, 1. Senator Hassell-Thompson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 801, by Senator Golden, Senate Print 4915, an act to amend the State Finance 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.)
ACTING PRESIDENT GRIFFO:Senator Montgomery to explain her vote.
SENATOR MONTGOMERY:Yes, Mr. President. In an unprecedented move, I want to rise to compliment Senator Golden --
(Laughter.)
SENATOR MONTGOMERY:-- on this legislation.
And the reason that I want to compliment him is that it's little known that this Procurement Council is a very important entity in state government, and he is proposing that it should increase participation by local resident businesses. And I think that is a very important thing.
I have introduced and we passed last session legislation that would require membership on that council by a member of the farming community, which we did not have up until that legislation. So little by little, we are recognizing the importance of this procurement council.
And certainly it's interesting that two New York City legislators -- Senator Golden this year and I last year -- have looked at this for its significance, and we want to make sure that it functions well in our state.
So I vote aye. Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Montgomery to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 802, by Senator Golden --
SENATOR HASSELL-THOMPSON:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay it aside.
Senator Libous, that completes the noncontroversial reading of the calendar at this point.
SENATOR LIBOUS:So, Mr. President, it does.
So at this time we are going to go to Supplemental Calendar 47A, and we will call up Senator Ball's Bill 1034, noncontroversial.
ACTING PRESIDENT GRIFFO:We will take up Supplemental Calendar 46A {sic}, Bill Number 1034.
The Secretary will read.
THE SECRETARY:Calendar Number 1034, by Senator Ball, Senate Print 5241, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of Supplemental Calendar 46A {sic}.
SENATOR LIBOUS:Well, it doesn't complete the noncontroversial reading of the entire calendar, it only completes the Senator Ball bill.
ACTING PRESIDENT GRIFFO:Correct.
SENATOR LIBOUS:Therefore, we will lay the rest of the calendar aside for the day.
ACTING PRESIDENT GRIFFO:We will lay the remainder of Supplemental Calendar 46A {sic} aside for the day, with the exception of 1034, which passed.
SENATOR LIBOUS:Thank you, Mr. President.
And while Senator Golden is deliberating, I would like to go back to motions.
ACTING PRESIDENT GRIFFO:We'll return to motions and resolutions.
SENATOR LIBOUS:Senator Marcellino noted that, Mr. President, you laid Calendar 46A aside and we were on Calendar 47A. Not that we would want to point out that Mr. President made a mistake, but you did.
ACTING PRESIDENT GRIFFO:None of us are infallible, Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Marcellino.
And Supplemental Calendar 47A has been laid aside in its entirety, with the exception of 1034, which has passed the Senate.
SENATOR LIBOUS:And we respect the fact that Mr. President is human.
ACTING PRESIDENT GRIFFO:Thank you.
SENATOR LIBOUS:I would like to go back to motions, sir.
ACTING PRESIDENT GRIFFO:We'll return to motions and resolutions.
SENATOR LIBOUS:Thank you.
On behalf of Mr. President, on page 2 of the supplemental calendar I offer up the following amendments to Calendar 1036, Senate Print 5519, 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.
Can I have some order in the chamber, please.
SENATOR LIBOUS:Thank you, Mr. President.
And I believe now we can come back to the regular calendar and have the controversial reading of the regular calendar.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.
The Secretary has rung the bell, Senator Golden is in the room, and we will now read Calendar Number 802, controversial.
THE SECRETARY:Calendar Number 802, by Senator Golden, Senate Print 4916, an act to amend the State Finance Law.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson, why do you rise?
SENATOR HASSELL-THOMPSON:Mr. President, I rise and I'd like the opportunity to ask some questions of the sponsor.
ACTING PRESIDENT GRIFFO:Senator Golden, do you yield?
SENATOR GOLDEN:I do indeed, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson, you may proceed.
SENATOR HASSELL-THOMPSON:Thank you. Through you, Mr. President.
My understanding of this bill is it purports to open the door to opportunities for joint ventures or teaming in a controlled pilot program as a means to assure that disabled veteran enterprises and MWBEs are full partners in any business venture. Is that a correct reading of the bill?
SENATOR GOLDEN:Yes, that's a fair reading. Yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:If the sponsor will continue to yield.
SENATOR GOLDEN:I do, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR HASSELL-THOMPSON:Mr. President, through you to the sponsor.
Can you point out to me a certain provision within the current State Finance Law that prohibits joint ventures or teaming between MWBEs, New York partners, and/or service-disabled veterans?
SENATOR GOLDEN:Mr. President, there is no place in that -- that actually authorizes it, that gives it the ability to go forward. It is mentioned in 15A, but it does not give it the authority to move forward. And that's in centralized contracts.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:If the sponsor will continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR GOLDEN:I do, Mr. President.
SENATOR HASSELL-THOMPSON:My question was does it prohibit the opportunities for joint ventures or teaming. That was my question.
SENATOR GOLDEN:That's really not the standard, Mr. President. It's does it authorize it. And it doesn't authorize it.
SENATOR HASSELL-THOMPSON:If the Senator will still continue to yield.
SENATOR GOLDEN:I do, Mr. President.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR HASSELL-THOMPSON:Mr. President, through you to the sponsor.
Can you tell me any circumstance that you personally know of, professionally know of where a disabled veteran was unable to enter into a joint venture or teaming venture with a certified MWBE or was denied opportunity as a service-disabled veteran?
SENATOR GOLDEN:That's why we're doing this bill, Mr. President. We can't. We have no way of finding out.
SENATOR HASSELL-THOMPSON:If the Senator would continue to yield.
SENATOR GOLDEN:I will, Mr. President.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR HASSELL-THOMPSON:Through you, Mr. President.
My final question, I think, is are you aware of any disparity study or any report or any indications that suggest that service-disabled veterans are the subject of discrimination in the state procurement system?
SENATOR GOLDEN:Mr. President, we're being proactive with this bill. We're trying to get a bill established that gives credit to our disabled and gives them an opportunity to be able to start a business here and be able to procure state contracts.
We need to do that. And I think we need reports. And I think this bill would allow us to do that, Mr. President, and give our disabled vets opportunities as well as our MWBEs.
SENATOR HASSELL-THOMPSON:Thank you. On the bill.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson on the bill.
SENATOR GOLDEN:Thank you, Mr. President.
SENATOR HASSELL-THOMPSON:There is no provision currently under state law that prohibits service-disabled veterans, New York's business enterprises, from teaming or joining a joint venture with an MWBE. There also appears to be no state procurement practice showing that these sorts of arrangements are forbidden or discouraged.
There are therefore the sponsor's bill encouraging these arrangements by way of establishing a pilot program has the effect of creating a preference for service-disabled veterans without proper justification.
While I have demonstrated my support of our service-disabled veterans, I'm opposing this bill for the following reasons. In New York State, procurement preferences such as these have been given only within the context of a disparity study in order to determine, number one, whether a special preference is warranted or, number two, whether the remedy created by the bill will be effective in eliminating such a disparity.
To my knowledge, no such service-disabled veterans disparity study has been conducted to date.
There is nothing in State Finance Law that prohibits joint ventures by service-disabled veterans. The MTA, the Tappan Zee Bridge construction projects are examples of scores of joint ventures that are formed and are being formed.
Article 15A, which is the MWBE statute, already defines diversity practices by a contractor to include joint ventures with MWBEs. Indeed, the definition applies to teaming by defining the joint ventures to include other similar arrangements.
Administrative regulations allow for agencies to consider a contractor's diversity practices in contracting decisions. Therefore, it is already allowed for MWBEs to partner with a non-diversity business enterprise and to receive consideration on all sorts of projects, even projects otherwise under the State Finance Law.
This bill would therefore accomplish nothing with respect to joint ventures and teaming that is not already permitted. In fact, the New York State Office of General Services confirmed in an earlier conversation this week that there is nothing in current law to prohibit businesses owned and operated by MWBEs or service-disabled veterans from teaming up to seek state contract opportunities and procurement opportunities. OGS confirmed that such ventures have obtained state contracts through the agency in the past.
The phrase "joint venture," for those who may not be aware, is a term of art referring to a legal organization that takes the form of a short-term partnership in which the persons jointly undertake a transaction for mutual profit.
However, this bill further defines joint ventures as business entities which include a diversity business enterprise, which is defined in law as either a minority business enterprise, a woman's business enterprise, and/or a disabled veteran's business enterprise.
This definition is problematic because it creates a precedent and a preference specifically for disabled vets without first providing compelling justification by way of a disparity study or reports to the contrary.
Whether or not intentional, the sponsor has designed what appears to be a marketing plan to encourage MWBEs and disabled veterans to partner together to compete for state procurement contracts. But the textual alignment of disabled service vets with MWBEs in a new definition for joint ventures does not give proper deference or due and appreciation for why MWBE enterprises are highlighted in the State Finance Law in the first place.
Promoting state procurement on the basis of gender or race is an affirmative action program that must be justified in order to pass constitutional muster.
Therefore, I recommend that the sponsor revise the bill after a full disparity study has been done analyzing whether disabled service veterans are discriminated against in state procurement practice. The last disparity study that was conducted, at that time disabled service veterans were not included in that procurement study. The next will be conducted in 2016.
I welcome the opportunity to continue to work with the sponsor about the possibility of including this class of important persons within that planned analysis. In the meantime, however, I've been informed today that the Assembly will be striking the enabling clause of the statute from their bill.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Sanders.
SENATOR SANDERS:On the bill, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Sanders on the bill.
SENATOR SANDERS:As a veteran myself, and as the author of Local Law 129 in New York City, I have a little knowledge on this, information on it. And I also urge the sponsor to withdraw and put it in later.
Without a disparity study, you cannot include any new classes into the MWBE bill. You need such a study. This is based on Richmond v. Croson, 1989. And under those conditions, if you were to try to put a class into here, you would in effect endanger the entire program, which I don't believe is the desire of the sponsor.
So under those conditions, I'm encouraging him that veterans should be studied. Perhaps, if that's the earliest that it can be done, 2016, then do so then. Why not sooner? I have no problems with that. But you would need to do a separate study to see if they have met the criteria to be one of the classes that can be put into the MWBE.
I urge again the sponsor to go about it a different way, look to see if you can't get the study done first and then see what you can do.
Thank you very much, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Sanders.
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 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Golden to explain his vote.
SENATOR GOLDEN:Thank you, Mr. President. I want to explain my vote --
ACTING PRESIDENT GRIFFO:Excuse me, Senator Golden.
Can we have some order in the chamber, please.
SENATOR GOLDEN:-- and be specific. And this does not create a preference for any group. It expands opportunity by eliminating barriers to financing, expertise and credit.
It allows minority and women-owned businesses and businesses owned by service- disabled vets to joint venture or team with other New York-based companies to bid on contracts, and to allow the awards and contracts through these joint ventures and teams if the bids are equal or less than those that would be offered to a non-joint venture or team. It provides a way for OGS to determine whether the joint venture or the team is a true joint venture or team by comparing profit share with work share.
And, Mr. President, again, it does not create a preference. It does not allow for principle awards of bids to entities which submit a higher-cost proposal. It does not set targets for participation by any other group. It does not require set-asides. It does not affect a preferred source program. It does not reduce the qualifications required to submit or be awarded a bid as a responsible bidder. It does not change requirements for reporting or best practices. It does not exclusive of other programs already in operation.
It does not affect 15A firms, minority and women business enterprises. If anything, it provides a way for them to bid on centralized contracts by detailing what the joint venture is.
It is carefully drawn to be a pilot program that provides a maximum flexibility to the OGS commissioner. Again, it expands opportunity by eliminating barriers to financing, expertise and credit.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Golden.
Senator Golden to be recorded in the affirmative.
Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
Again, I just want to reiterate the fact that I would do everything possible to ensure that disabled veterans and any other group who want to do business with the State of New York -- and I would work as vigorously as I have with minority and women business in order to achieve that goal.
I do not believe, however, that sufficient homework has been done by the sponsor of this bill, because it is very clear from all of the people who worked on the MWBE that if in fact this legislation is passed, that it will be set down in the middle of the MWBE and will be as intrinsic in terms of the goal development that has already been set by the state.
And so therefore I am encouraging all of my colleagues to vote no and give us more opportunity to study the issue appropriately, because it is truly my belief that we will disadvantage everybody by including that language into the MWBE bill.
I will be voting no.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 802, those recorded in the negative are Senators Dilan, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Stavisky and Stewart-Cousins.
Absent from voting: Senators Adams, Bonacic, Larkin, Sampson and Squadron.
Ayes, 44. Nays, 14.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the controversial reading of the original calendar.
SENATOR LIBOUS:Mr. President, is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business.
SENATOR LIBOUS:There being no further business, Mr. President, I move that the Senate adjourn until Wednesday, June 5th, at 11:00 a.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Wednesday, June 5th, at 11:00 a.m.
Senate adjourned.
(Whereupon, at 6:05 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
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Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
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Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.