Gaveled in 11:50 AM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 5, 2013
11:50 a.m.
REGULAR SESSION
SENATOR DIANE J. SAVINO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT SAVINO:The Senate will come to order.
I ask everyone present to please rise and repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT SAVINO:In the absence of clergy, may we please bow our heads in a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT SAVINO:The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, June 4th, the Senate met pursuant to adjournment. The Journal of Monday, June 3rd, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT SAVINO: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 LaValle moves to discharge, from the Committee on Local Government, Assembly Bill Number 3357A and substitute it for the identical Senate Bill Number 2920A, Third Reading Calendar 166.
On page 50, Senator Carlucci moves to discharge, from the Committee on Finance, Assembly Bill Number 3802 and substitute it for the identical Senate Bill Number 2774A, Third Reading Calendar 792.
On page 53, Senator Maziarz moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 3869 and substitute it for the identical Senate Bill Number 3978, Third Reading Calendar 837.
And on page 61, Senator Lanza moves to discharge, from the Committee on Higher Education, Assembly Bill Number 4989 and substitute it for the identical Senate Bill Number 4585, Third Reading Calendar 907.
ACTING PRESIDENT SAVINO:Substitutions so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO:On behalf of Senator Zeldin, on page number 54 I offer the following amendments to Calendar Number 843, Senate Print Number 5529, and ask that said bill retain its place on the order of Third Reading Calendar.
ACTING PRESIDENT SAVINO:The amendments are received, and the bill will retain its place on Third Reading Calendar.
SENATOR FUSCHILLO:On behalf of Senator Hannon, on page number 38 I offer the following amendments to Calendar Number 477, Senate Print Number 3926, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT SAVINO:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR FUSCHILLO:On behalf of Senator Fuschillo, I wish to call up my bill, Senate Print Number 3528, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Calendar Number 339, by Senator Fuschillo, Senate Print 3528, an act to amend the Vehicle and Traffic Law.
SENATOR FUSCHILLO:I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT SAVINO:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 50.
SENATOR FUSCHILLO:I now offer the following amendments.
ACTING PRESIDENT SAVINO:The amendments are received.
SENATOR FUSCHILLO:Will you please recognize Senator Gianaris.
ACTING PRESIDENT SAVINO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Madam President.
On behalf of Senator Kennedy, on page number 50 I offer the following amendments to Calendar 780, Senate Print Number 4187, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT SAVINO:The amendments are received, and the bill will retain its place on Third Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO:Madam President, there's a resolution at the desk by Senator DeFrancisco, Number 1588. It was previously adopted by the house on May 7th.
May we have it read in its entirety and then please call on Senator DeFrancisco.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1588, by Senator DeFrancisco, congratulating UConn Women's Basketball Player Breanna Stewart upon the occasion of being named the NCAA's Most Outstanding Player in the 2013 Final Four Tournament.
"WHEREAS, It is the sense of this Legislative Body to recognize those outstanding individuals in the State of New York who consistently strive for athletic and academic excellence through rigorous training and mental and physical discipline; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to congratulate UConn Women's Basketball Player Breanna Stewart upon the occasion of being named the NCAA's Most Outstanding Player in the 2013 Final Four Tournament; and
"WHEREAS, By scoring 23 points, capturing nine rebounds and providing three assists, Breanna Stewart, a forward, led the UConn Huskies to a 93-60 victory over the Louisville Cardinals in the national championship game of the NCAA Women's Basketball Tournament on April 10, 2013; and
"WHEREAS, The special victory over the Louisville Cardinals secured the University of Connecticut's eighth NCAA Title; and
"WHEREAS, Breanna Stewart and the UConn Huskies advanced to the national championship game after defeating Notre Dame 83-65 in the national semifinal game; Breanna Stewart scored a career-high 29 points with four blocks during the game; and
"WHEREAS, Breanna Stewart was dominant in all five NCAA tournament games by scoring a total of 104 points; and
"WHEREAS, For her superior efforts, Breanna Stewart was named Most Outstanding Player of the Women's Final Four" --
(Interruption from the gallery.)
THE SECRETARY:-- "of the Women's Final Four" --
ACTING PRESIDENT SAVINO:{Gaveling.} Order. Order.
THE SECRETARY:-- "just the fourth freshman in history, and the first since 1987, to earn the honor; and
"WHEREAS, Breanna Stewart can now add the titles of 2013 Final Four Most Outstanding Player, 2013 NCAA Champion, and 2013 NCAA Tournament Bridgeport Regional Most Outstanding Player to her long list of achievements, which include being named Gatorade's 2011-2012 National High School Player of the Year during her senior year at Cicero-North Syracuse High School; and
"WHEREAS, Breanna Stewart continues to make her team, family and Central New York community proud by demonstrating outstanding athleticism, exemplary leadership, and a strong drive to win; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate UConn Women's Basketball Player Breanna Stewart upon the occasion of being named the NCAA's Most Outstanding Player in the 2013 Final Four Tournament; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Breanna Stewart."
ACTING PRESIDENT SAVINO:Senator DeFrancisco on the resolution.
SENATOR DeFRANCISCO: Thank you, Madam President.
We wanted to provide some entertainment for our guests --
(Laughter.)
SENATOR DeFRANCISCO: -- and we asked those people to come out here and throw some money on the floor and make absolute fools out of themselves.
It got a laugh out of her. Unfortunately, it's not something that ought to be done.
Thank you for recognizing me, Madam President. I am very proud to welcome Breanna Stewart and her father, Brian Stewart, to the chambers today.
Last year, if you recall, we brought her here and honored her as the number-one high school women's basketball player in the country. And she was here with her team, who won the state championship.
This year, as a freshman, she was named in the semifinals of the Women's NCAA tournament, playing for Connecticut, the most outstanding player of the regional tournament, I should say. She was named the Most Outstanding Player in the Final Four Tournament.
And despite all the great ballplayers in the past, there was only four others that won this honor of Player of the Year in the tournament, Most Valuable Player, since the history of the game.
She's got three more great years to look forward to at Connecticut, and her performance was outstanding. Not only that, she's a wonderful young woman who handled herself with dignity when she was interviewed during the course of those games, and she is a wonderful person who has a fantastic academic record.
And I told no one I would tell them till I got on the floor, but she's from my district.
(Laughter.)
SENATOR DeFRANCISCO: But no one could ever -- no one is surprised by that because we bring so many champions here.
So Breanna, congratulations on your wonderful success. Brian, as her father, and relay to her mother, congratulations on raising such a fine young woman. And we wish both of you and your entire family the best of everything in the future.
ACTING PRESIDENT SAVINO:Thank you, Senator DeFrancisco.
Senator Valesky on the resolution.
SENATOR VALESKY:Thank you, Madam President.
I'm certainly very happy to join my colleague from Central New York, Senator DeFrancisco, in saluting the achievements once again of Breanna Stewart, who certainly seems to know no limit when it comes to her basketball prowess. She makes all of us in Central New York proud.
I just wanted to not only add my congratulations to her and to her dad, Brian, who is here today, but also let the record reflect that she may be Senator DeFrancisco's constituent, but she happens to be attending my alma mater, the University of Connecticut. So I congratulate not only her but also the UConn Huskies on their eighth national championship.
Thank you.
ACTING PRESIDENT SAVINO:Thank you.
Senator Little on the resolution.
SENATOR LITTLE:Thank you very much, Mr. President. And thank you to Senator DeFrancisco for recognizing Breanna and bringing her here today.
This is very, very exciting. As you know, I'm a basketball fan. And I was very proud to bring Jimmer Fredette a few years ago. Although I also had a basketball for the pictures. Unfortunately, you forgot that part, so ...
(Laughter.)
SENATOR LITTLE:But I have to tell Senator Valesky I've never been a UConn fan till I started watching this year, and I will be a UConn fan in the future watching you.
Congratulations. You certainly are a talented young woman, and we look forward to many, many more successes as you go forward. Thank you for being here.
ACTING PRESIDENT SAVINO:Are there any other members wishing to speak on the resolution?
Seeing none, this resolution was previously adopted by the house on May 7th.
We just want to welcome Breanna Stewart here to the Senate on the occasion of her being named the NCAA's Most Outstanding Player in the 2013 Final Four Tournament.
Congratulations.
(Standing ovation.)
ACTING PRESIDENT SAVINO:Senator Fuschillo.
SENATOR FUSCHILLO:Madam President, may we please have the reading of the noncontroversial calendar.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Calendar Number 166, substituted earlier by Member of the Assembly Thiele, Assembly Print Number 3357A, an act to amend Section 2 of Chapter 314 of the Laws of 2012.
ACTING PRESIDENT SAVINO:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 759, by Senator Martins, Senate Print 5024A, an act in relation.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 778, by Senator Griffo, Senate Print 2402, an act to amend the Penal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar 778, those recorded in the negative are Senators Dilan, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Rivera, Serrano, Squadron and Stavisky. Also Senator Stewart-Cousins.
Ayes, 45. Nays, 13.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 783, by Senator Nozzolio, Senate Print 4928, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 792, substituted earlier by Member of the Assembly Magee, Assembly Print Number 3802, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 794, by Senator Griffo, Senate Print 3558, an act to amend the Education Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect July 1, 2015.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 818, by Senator Nozzolio, Senate Print 4980, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 57. Nays, 1. Senator Serrano recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 826, by Senator DeFrancisco, Senate Print 2318A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 828, by Senator Griffo, Senate Print 3557, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Madam President.
I have debated this bill in the past with Senator Griffo, so I saw no reason to repeat the debate this year.
But to highlight, again, this is a child health and safety concern. And in fact the New York State Department of Health cautions that the average of 2,250 children 19 years of age or less are taken to the hospital every year in New York because of ATV-related injuries. This averages out to six children a day. And that particularly given the desire to prevent harm to children, the fact is that one-third of those children are hospitalized with traumatic brain injury.
There are many members of this house who may not share my concerns about ATV driving and young children, but there are many who are concerned about traumatic brain injury and the discoveries they are making each day about the impact for the rest of a young person's life from such injuries.
I urge that this state not move to the higher-class weights of ATVs and never allow children to be driving them.
Thank you, Madam President. I'll be voting no.
ACTING PRESIDENT SAVINO:Senator Krueger will be recorded in the negative.
Are there any other members wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:In relation to Calendar Number 828, those recorded in the negative are Senators Addabbo, Avella, Ball, Breslin, Dilan, Gipson, Hassell-Thompson, Hoylman, Krueger, Latimer, LaValle, Marcellino, Martins, Montgomery, O'Brien, Perkins, Rivera, Serrano, Squadron, Stewart-Cousins and Tkaczyk. Also Senator Stavisky. Also Senator Carlucci. Also Senator Gianaris.
Ayes, 34. Nays, 24.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 829, by Senator Larkin, Senate Print 3994, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 834, by Senator Fuschillo, Senate Print 5345, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 834, those recorded in the negative are Senators Hassell-Thompson, Hoylman, Krueger, Montgomery and Perkins.
Ayes, 53. Nays, 5.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 837, substituted earlier by Member of the Assembly Simotas, Assembly Print Number 3869, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 60th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 840, by Senator Bonacic, Senate Print 4851A, an act to amend the Tax Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 841, by Senator Bonacic, Senate Print 5022, an act to authorize.
ACTING PRESIDENT SAVINO:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 57. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 842, by Senator LaValle, Senate Print 5268, an act to amend the Tax Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
Calendar Number 843 was amended on motions and the bill is high.
The Secretary will continue reading the noncontroversial calendar.
THE SECRETARY:Calendar Number 907, substituted earlier by Member of the Assembly Cusick, Assembly Print 4989, an act to amend Chapter 219 of the Laws of 2003.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 910, by Senator Farley, Senate Print 2855, an act to amend the Education Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of September.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 57. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 912, by Senator Flanagan, Senate Print 5254, an act to amend the Education Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 913, by Senator Flanagan, Senate Print 5356, an act to amend the Education Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 914, by Senator Flanagan, Senate Print 5358, an act to amend the Education Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Madam President.
Given the critical issues of climate change, environmental concerns, the fact that our generation is leaving the next generation with a huge and perhaps impossible task of reversing the environmental damage that's been done, I can't actually think of one issue that is more important for us to reinforce with the young people in our school system.
And so there's lots of the things that maybe ought to be optional within our schools, but not reinforcing the importance on our children in our schools that they all have to get much, much better about addressing the earth's concerns, frankly for their sake and all of our sake.
I urge a no vote. Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Krueger will be recorded in the negative.
Anybody else wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:In relation to Calendar Number 914, those recorded in the negative are Senators Avella, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Rivera, Serrano and Squadron.
Ayes, 48. Nays, 11.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 915, by Senator Flanagan, Senate Print 5360, an act to amend the Education Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 54. Nays, 5. Senators Avella, Carlucci, Hassell-Thompson, Parker and Perkins recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 916, by Senator Flanagan, Senate Print 5361, an act to amend the Education Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 56. Nays, 3. Senators Marchione, Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 917, by Senator Flanagan, Senate Print 5362, an act to amend the Education Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 918, by Senator Flanagan, Senate Print 5364, an act to repeal paragraph D of subdivision 4 of Section 3641 of the Education Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 918, those recorded in the negative are Senators Avella, Hoylman, Montgomery, Perkins, Serrano and Squadron.
Ayes, 53. Nays, 6.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 1028, by Senator Fuschillo, Senate Print 1940, an act to amend the Limited Liability Company Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 11. This act shall take effect on the 30th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Stavisky to explain her vote.
SENATOR STAVISKY:To explain my vote.
I'm voting no for really two reasons. Number one, it seems to me that we shouldn't limit it to chiropractors. There are many other healthcare providers that should be included in this bill.
And secondly, it's part of a larger issue, a much larger issue involving the corporate practice of the professions. We keep extending the date by which we have to resolve the issue, and yet we're not resolving the issue.
This is part of the -- it's been part of the budget process, and I think once and for all the various state agencies have to come together and solve the question of the corporate practice of the professions.
I vote no.
ACTING PRESIDENT SAVINO:Senator Stavisky to be recorded in the negative.
Is there any other member wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:Ayes, 56. Nays, 3. Senators Ball, O'Brien and Stavisky recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 1039, by Senator Marcellino, Senate Print 5656, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Marcellino to explain his vote.
SENATOR MARCELLINO:Thank you, Madam President.
I rise to thank my colleagues for supporting this particular piece of legislation.
Obtaining a driving license is often considered a rite of passage for young people. However, this rite of passage has become almost a death sentence in many cases. The numbers of teenagers dying in crashes, car crashes due to distracted driving, is on the increase and has been increasing for the last 10 years. The use of cellphones by teenagers talking, texting while driving, is also on the increase.
These accidents, these deaths can be prevented in many cases if we just simply adhere to the law and the law of the State of New York, which is no hands -- we've got to drive hands-free. You've got to keep your hands on the wheel your eyes on the road. We're losing too many of our young people to death in car crashes for no good reason, for absolutely no good reason, which could easily be preventable if we just insist on enforcement of this law.
Madam President, I appreciate the support. I appreciate the work of the Governor in bringing this bill to fruition. I appreciate the work of Senator Fuschillo and the Transportation Committee in the negotiations with the other house. And I appreciate the support in the other house that is anticipated to come.
This bill is an important, significant act and I hope, I sincerely hope that we see a significant drop in the death rate and the injury rate to our youngest members of our population, our children.
Thank you, Madam President. I vote aye.
ACTING PRESIDENT SAVINO:Senator Marcellino to be recorded in the affirmative.
Senator Fuschillo to explain his vote.
SENATOR FUSCHILLO:Madam President, thank you very much.
I just rise to compliment my colleague Senator Marcellino on his leadership with this issue. He authored the original piece of legislation that created the initial fines with respect to texting.
The obsession, the addiction with cellphones in cars has to stop. People are dying every single day on our roads. And if you look at the statistics with cellphones and texting, over 200,000 summons, tickets, were issued just last year. That is ridiculous. That is absurd.
Senator Marcellino is correct. We hope that with the enactment of this legislation into law, that it will prevent fatalities on our roads and crashes, but hopefully change the way people drive and with their obsession and their addiction to the cellphone.
The message is clear. When you're driving, put the cellphone down. Don't text and drive. Because if you do, the penalties are pretty strong here in New York State; hopefully, the strongest in the nation.
So I compliment Senator Marcellino for your leadership on this issue. If we need to continue to strengthen the laws, we'll do that. I vote aye.
ACTING PRESIDENT SAVINO:Senator Fuschillo to be recorded in the affirmative.
Are there any other members wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:Ayes, 58. Nays, 1. Senator Parker recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Fuschillo, that completes the reading of the noncontroversial calendar.
SENATOR FUSCHILLO:Madam President, immediately following the conclusion of session there will be a meeting of the Elections Committee in Room 123 of the Capitol.
ACTING PRESIDENT SAVINO:Immediately following session, there will be a meeting of the Elections Committee in Room 123 of the Capitol.
Senator Fuschillo.
SENATOR FUSCHILLO:Madam President, also immediately following the conclusion of session there will be a meeting of Codes Committee in Room 124 of the Capitol.
ACTING PRESIDENT SAVINO:Upon the conclusion of session, there will be a meeting of the Codes Committee in Room 124 of the Capitol.
Senator Fuschillo.
SENATOR FUSCHILLO:Madam President, is there any further business at the desk?
ACTING PRESIDENT SAVINO:There is no further business at the desk.
SENATOR FUSCHILLO:There being no further business, I move that we adjourn until Monday, June 10th, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT SAVINO:There being no further business at the desk, on motion, the Senate stands adjourned until Monday, June 10th, at 3:00 p.m., intervening days being legislative days.
And Monday, June 10th, is Italian-American Legislators Day.
(Whereupon, at 12:21 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.