Gaveled in 3:33 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 10, 2013
3:33 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:In the absence of clergy today, we will bow our heads in a moment of silent reflection and prayer, and also in a moment of silence to acknowledge the loss of Lieutenant Colonel Todd Clark of the 10th Army Division, Fort Drum, Watertown. Let's bow our heads in a moment of silent reflection for Lieutenant Colonel Todd Clark.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
The Secretary will read.
THE SECRETARY:In Senate, Sunday, June 9th, the Senate met pursuant to adjournment. The Journal of Saturday, June 8th, 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 52, Senator Libous moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 7101 and substitute it for the identical Senate Bill Number 4992, Third Reading Calendar 819.
ACTING PRESIDENT GRIFFO:Substitution so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports of state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe that Senator Valesky and then Senator Gianaris has a motion. So if you would call on Senator Valesky.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On page 28 I offer the following amendments to Calendar Number 180, Senate Print 2170A, my legislation. I ask that the 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 Valesky.
SENATOR VALESKY:On behalf of Senator Carlucci, on page 44 I offer the following amendments to Calendar Number 597, Senate Bill 4861, and ask that that bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and bill shall retain its place on third reading.
Senator Valesky.
SENATOR VALESKY:And also on behalf of Senator Carlucci, on page 47 I offer the following amendments to Calendar Number 681, Senate Print 1639, and ask that that 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 VALESKY:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Valesky.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Latimer, I move the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill 2065.
ACTING PRESIDENT GRIFFO:It is so ordered.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President. I too have a number of motions.
On behalf of Senator Maziarz, I call up his bill, Senate Print 1095, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
I would ask for some order in the chamber, please.
The Secretary will read.
THE SECRETARY:Calendar Number 136, by Senator Maziarz, Senate Print 1095, an act to amend the Highway Law.
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, 56.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR LIBOUS:Mr. President, behalf of Senator Larkin, I call up his bill, Senate Print 2790, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 248, by Senator Larkin, Senate Print 2790, an act to amend the Highway Law.
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, 56.
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 DeFrancisco, I call up his bill, Senate Print 3859, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 330, by Senator DeFrancisco, Senate Print 3859, an act to authorize.
SENATOR LIBOUS: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, 56.
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 Marcellino, I would like to call up his bill, Senate Print 5314, recalled from the Assembly, and it's now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 671, by Senator Marcellino, Senate Print 5314, an act to amend the Public Lands Law.
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, 56.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR LIBOUS:On behalf of Senator Grisanti, I wish to call up his bill, Senate Print 5167, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 814, by Senator Grisanti, Senate Print 5167, an act to amend the Not-For-Profit Corporation Law.
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, 56.
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 DeFrancisco, I wish to call up his bill, Senate Print Number 2318A, recalled from the Assembly, and it is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 826, by Senator DeFrancisco, Senate Print 2318A, an act to amend the Vehicle and Traffic Law.
SENATOR LIBOUS:Mr. President, I'd like 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, 56.
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 Zeldin, I'd like to call up Senate Print 2926A, recalled from the Assembly, and it's now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 212, by Senator Zeldin, Senate Print 2926A, an act to amend the Criminal Procedure Law.
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, 56.
SENATOR LIBOUS:I offer up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
THE SECRETARY:On behalf of Senator Ball, Mr. President, I wish to call up his bill, Print Number 2287, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 414, by Senator Ball, Senate Print 2287, an act to amend the Insurance Law.
SENATOR LIBOUS:Mr. President, I now month to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
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 Ranzenhofer, I wish to call up his bill, Senate Print Number 3795, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 510, by Senator Ranzenhofer, Senate Print 3795, an act to amend the Highway Law.
SENATOR LIBOUS: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, 56.
SENATOR LIBOUS:I offer up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR LIBOUS:Mr. President, on behalf of Senator Maziarz, I wish to call up his bill, Senate Print Number 1186A, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary shall read.
THE SECRETARY:Calendar Number 99, by Senator Maziarz, Senate Print 1186A, an act to amend the Energy Law.
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, 56.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR LIBOUS:On behalf of Senator Fuschillo, on page 37 I offer the following amendments to Calendar Number 440, Senate Print 777, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR LIBOUS:On behalf of Senator Maziarz, on page 43 I offer the following amendments to Calendar Number 573, Senate Print 1122A, 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:And last but not least, Mr. President, on behalf of Senator Maziarz, on page 48 I offer the following amendments to Calendar Number 703, Senate Print 4948, 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, we'll continue on motions and resolutions?
SENATOR LIBOUS:Thank you, Mr. President. I was pausing because I was hearing noises. Has that ever happened to you, sir?
(Laughter.)
ACTING PRESIDENT GRIFFO:As long as you're not seeing things.
SENATOR LIBOUS:Mr. President, at this time we'd like to take up a previously adopted resolution by Senator Skelos. It's Resolution 1568. I would ask that you read it in its entirety and, because Senator Skelos is at a meeting with the Governor, I will speak on behalf of Senator Skelos.
ACTING PRESIDENT GRIFFO:The Secretary shall read.
THE SECRETARY:Legislative Resolution Number 1568, by Senator Skelos, honoring Andrew Krahm upon the occasion of being named the 2013 Junior Firefighter of the Year by the National Volunteer Fire Council.
"WHEREAS, It is the sense of this Legislative Body to act, in accord with its long-standing traditions, honoring the youth of today, and leaders of tomorrow, whose character and achievements best exemplify the ideals and values cherished by this great state and nation; and
"WHEREAS, This Legislative Body is proud to honor Andrew Krahm upon the occasion of being named the 2013 Junior Firefighter of the Year by the National Volunteer Fire Council; and
"WHEREAS, Andrew Krahm will be recognized for this admirable designation during a special banquet at the National Volunteer Fire Council's spring meeting in Virginia; and
"WHEREAS, Andrew Krahm, a Rockville Centre teenager, has been designated with this auspicious recognition for his diligent efforts in establishing a junior firefighter program in his hometown; and
"WHEREAS, A senior at Holy Trinity Diocesan High School in Hicksville, New York, 17-year-old Andrew Krahm received a training/ education stipend and a complimentary one-year council membership; and
"WHEREAS, To launch the junior program, Andrew Krahm spent many hours drafting bylaws and presenting them to local fire department and community officials between 2009 and 2011; and
"WHEREAS, He was elected the program's first captain and organizes monthly meetings and training and serves as a liaison with parents and the department; and
"WHEREAS, Andrew Krahm is a member of the varsity track and soccer teams, as well as the Tri-M Music Honor Society; and
"WHEREAS, Poised eagerly with enthusiasm and determined purpose, this Junior Firefighter now stands honorably, with just pride in his accomplishments and in eager anticipation of future challenges, understanding and appreciating the caring counsel and support provided by Senior Firefighters, mentors, and his parents; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor Andrew Krahm upon the occasion of being named the 2013 Junior Firefighter of the Year by the National Volunteer Fire Council; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Andrew Krahm."
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I'm told Andrew is with us today. Is Andrew -- where is Andrew? Andrew, would you please stand for a moment?
ACTING PRESIDENT GRIFFO:Senator Libous, excuse me for a second.
Can I have some order in the chamber, please? Thank you.
Senator Libous.
SENATOR LIBOUS:Andrew, I'm pinch-hitting for your Senator and our leader, Senator Skelos. He is in a meeting with the Governor and he wanted me to make sure that you knew that that was the only reason why that he wouldn't be here to honor you.
So I'm going to do the best I can. I know Senator Skelos well enough, and I know how proud he is of your accomplishments. And I want to speak on behalf of all our colleagues here.
Andrew is not just the Junior Firefighter of the Year, he's the National Junior Firefighter. I mean, at 17, that is an incredible, incredible accomplishment. Those of us who go to a lot of our fire companies on a regular basis, you know that it's always difficult for them to find intelligent, good young people like Andrew to pick up and take over for some of the folks who have given their life to that fire company.
Andrew, it is indeed an honor for us to have you here on the floor today. And you not only do an outstanding job with the fire company, but I see that you're an athlete. And if I could just kind of mention to my colleagues, although it was read in the resolution, he is on the varsity track and soccer team and he also is talented because he's on the Tri-M Music Honor Society.
So along with all of the time that he puts in at the fire company, he still is on two varsity sports teams and is involved with I would believe something that is his passion.
So, Andrew, on behalf of Senator Skelos, on behalf of all of our colleagues here who take out time to honor you for your achievement, you are a remarkable young man. We are very proud to have you before this chamber. And I know that you will serve as a symbol to others who hopefully will follow in your footsteps and do some of the remarkable things.
So on behalf of my colleagues, I say congratulations to you and welcome to the Senate.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:We want to welcome Andrew and his family to the Senate today. Congratulations. Best wishes on behalf of Senator Skelos and the members of the Senate today.
The resolution was adopted on April 30th.
Senator Libous.
SENATOR LIBOUS:Mr. President, I would ask of Andrew that if he runs into Senator Skelos, please tell him I did a good job, okay, Andrew?
(Laughter.)
SENATOR LIBOUS:Thank you.
Mr. President, we have a number of resolutions I want to get through today. And then after we finish the resolutions, just to give everybody a heads up, we're going to have the active list and then we'll go to Rules. Okay? Just to give everybody an idea of what we're going to do today.
ACTING PRESIDENT GRIFFO:So noted.
SENATOR LIBOUS:Okay. So we now have -- Senator Carlucci has a couple of previously adopted resolutions.
Resolution 3122, we'd like the title read only. Resolution 2215 is a privileged resolution, and we would like that read in its entirety.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3122, by Senator Carlucci, memorializing Governor Andrew M. Cuomo to proclaim June 10, 2013, as Italian-American Day in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Carlucci, we'll read the second resolution too.
THE SECRETARY:Legislative Resolution Number 2215, by Senator Carlucci, commending Annabella Sciorra upon the occasion of being selected as the 2013 American-Italian Day Honoree.
"WHEREAS, It is the sense of this Legislative Body to pay tribute to those individuals of true purpose and worthy accomplishment that provide opportunities to celebrate their rich ethnic flavor and which strive to preserve their cultural heritage; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to commend Annabella Sciorra upon the occasion of being selected as the 2013 Italian-American Day Honoree; and
"WHEREAS, Born Annabella Gloria Philomena Sciorra in Brooklyn, New York, to a housewife mother and a veterinarian father, Annabella Sciorra studied dance as a child and began taking drama lessons as she grew older at Hagen-Berghoff Studio and the American Academy of Dramatic Arts, both in New York City; and
"WHEREAS, On November 5, 1981, at the age of 21, Annabella Sciorra founded the Brass Ring Theater Company. An American film, television, and stage actress with strong Italian roots, she received an Independent Spirit Award nomination for Best Female Lead for the 1989 film 'True Love', and came to widespread attention in her co-lead role in Spike Lee's 1991 film 'Jungle Fever'; and
"WHEREAS, Annabella Sciorra starred in the 1992 thriller 'The Hand That Rocks the Cradle', and received critical acclaim for her work in 'Cop Land.' She received an Emmy nomination for her role as Gloria Trillo in the HBO series 'The Sopranos'; and
"WHEREAS, It is the sense of this Legislative Body, in keeping with its time-honored traditions, to recognize and pay tribute to those individuals who foster ethnic pride and enhance the profile of cultural diversity which strengthens the fabric of the communities of New York State; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commend Annabella Sciorra upon the occasion of being selected as the 2013 Italian-American Day Honoree; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Annabella Sciorra."
ACTING PRESIDENT GRIFFO:Senator Carlucci on the resolutions.
SENATOR CARLUCCI:Thank you, Mr. President.
It's an honor to rise on behalf and celebrate Italian-American Day here in the State of New York. We have a rich history of so many Italian-Americans contributing so much to our communities around the State of New York, doing so much to contribute towards improving the quality of life of so many New Yorkers.
So it's an honor to rise on behalf of the Italian-American Legislators Conference, which is made up of both Assemblymembers and Senators who work together in a bipartisan fashion to make sure that we continue to educate New Yorkers on the rich history that we have of Italian-American history.
Today we have with us the consul general from Italy, Natalia Quintavalle, who is here by the clock over there. Please stand up.
Natalia has really dedicated her career and her life to serving the people of Italy and Italian-Americans here in New York State to make sure that when they need help, that they are being taken care of.
So we're so honored that you're here with us today. We thank you for joining us. And I think I speak on behalf of all my colleagues that we look forward to working with you and the consulate to make sure that we better the lives of Italian-Americans here in New York State.
(Applause.)
SENATOR CARLUCCI:And, Mr. President, we're so fortunate that we have here with us today Annabella Sciorra, who we heard the Secretary read about her lengthy career.
She was born in Brooklyn, spent most of her life in Brooklyn. And as the Secretary read the resolution, we heard about her really experienced career in cultural arts, starting at the young age of starting her own theater, making sure and working with other talented people to really follow their dreams.
And that's why we're so excited to honor Annabella today, because she's an Italian-American who grew up in Brooklyn and really followed her dream. And she has starred in so many films that the Secretary had mentioned, as well as films that have won awards, and also TV shows, that you've probably seen her before. She stays extremely busy.
But what's really exciting about Annabella is that not only is she a distinguished actress, but she gives back to the community and spends so much time volunteering, particularly for the needs of our children. And after Hurricane Sandy she came to the aid of New Yorkers in the metropolitan area, in helping them.
And we're just so excited that you're here today. We thank you for following your dreams and being a role model for other young people in the community, Italian-Americans and all people around New York State, to follow their dreams and, if you put your heart and follow through, you can really achieve anything.
So, Annabella, we honor you and we thank you for your commitment to our community
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Madam Consul General and Annabella, benvenuti {in Italian}.
Senator Carlucci, thank you. The first resolution was previously adopted, Number 3122, on June 4th.
SENATOR LIBOUS:Mr. President, would you please call on Senator LaValle.
ACTING PRESIDENT GRIFFO:I'm sorry. Senator LaValle.
SENATOR LIBOUS:Thank you, Mr. President.
SENATOR LaVALLE: Thank you.
It's a great pleasure for me to introduce to this body a person who I think is a true, true renaissance man. And Nathaniel D'Agati will just be graduating from high school this very month, from Miller Place High School. And he will be attending Stony Brook University in the fall, and he will be majoring in electrical engineering.
Nathaniel has a long list of impressive accomplishments in a variety of areas, which makes him an excellent candidate for our award, as a scholarship award recipient from the Italian-American Conference. He has received honors in academics, athletics, music and volunteerism.
To name a few of his accomplishments -- because we'd be here for a long, long time -- he's a member of the National Honor Society, the National Foreign Language Society, and he has attended summer programs in engineering at both the University of Connecticut and the University at Stony Brook. He has received awards for academic excellence, has remained on the high honor roll for 12 consecutive quarters and maintained a GPA of over 95 percent.
On top of that, he is the captain of the Miller Place High School varsity tennis team, the varsity soccer team, as well as being a member of the varsity basketball team. And he follows his father and uncle in that regard on playing for the Miller Place High School team.
He's a skilled piano player and is involved with the Music Association, New York State Music Association, and has played six piano solos.
And lastly, as I had said initially, volunteerism is also on his scorecard. He volunteers at our Long Island Veterans Home, is a Miller Place Service Club member, and he's participated in Safe Halloween and sending gifts to soldiers overseas and also various charity fundraisers.
Nathaniel, congratulations on all of your accomplishments at such an early age. You are Long Island's Italian renaissance man.
(Applause.)
ACTING PRESIDENT GRIFFO:Congratulations, Nathaniel, and welcome to the Senate chamber.
Senator O'Mara.
SENATOR O'MARA:Yes, thank you, Mr. President.
I rise this afternoon in honor of another Italian-American State Legislator Society scholarship winner. I have with us today, in the balcony above, James Christopher Burdette. If you could please stand.
James is accompanied by his mother, Martha, his brother David, and his aunt Mary Ellen here today. He's a senior at Penn Yan Academy, right in the middle of the Finger Lakes, and Penn Yan is right at the northern tip of Keuka Lake, the center of wine country, an absolutely gorgeous area. He's graduating this June and will be attending the University of Albany.
While he's receiving the athletic scholarship from the Italian-American Society, I would like to point out that James is ranked fourth in his high school senior class. He's a member of the National Honor Society, and he's an Academic All-American. He's a member of the debate club, he's varsity club president and president of his high school class.
He has played three years of varsity football, four years of varsity basketball, and four years of varsity lacrosse. He's been a team captain in all three of those sports. And while he's excelled at all of those sports, he particularly excels in lacrosse.
He's a Brine All-American. He represented Team USA in the Brogden Cup. He's leading his Penn Yan Mustangs high school team to the state semifinals this week. And he has a commitment to play Division I lacrosse right here at the University of Albany.
Please join me in welcoming James and his family with us here today. Congratulations, James.
(Applause.)
ACTING PRESIDENT GRIFFO:Thank you, Senator O'Mara.
Congratulations, James, and welcome to you and your family to the Senate chamber.
As I had indicated previously, Senate Resolution 3122 was previously adopted on June 4th.
All in favor of Senate Resolution 2215 signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Let's see here. Senator Seward is next. We'd like to take up a privileged resolution by Senator Seward, have the title read only, and move for its immediate adoption.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2119, by Senator Seward, honoring the Fireman's Fund Insurance Company upon the occasion of celebrating its 150th year of business in 2013.
ACTING PRESIDENT GRIFFO:All in favor of the resolution signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, next I'd like to take up a privileged resolution by Senator Ranzenhofer, Number 2291. Please read it in its entirety and then if you would call on Senator Ranzenhofer.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2291, by Senator Ranzenhofer, honoring the Greater Rochester FIRST Robotics Competition Team 340 upon the occasion of capturing the Chairman's Award at the Finger Lakes Regional Competition.
"WHEREAS, New York State's commitment to education is unparalleled; its history and stature are secured by the superlative caliber of its educational professionals and the students they inspire; and
"WHEREAS, It is the intent of this Legislative Body to commend and pay tribute to those young people who have inspired and brought pride to their school and community by achieving outstanding success in competition; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to honor the Greater Rochester FIRST Robotics Competition Team 340 upon the occasion of capturing the Chairman's Award at the Finger Lakes Regional Competition; and
"WHEREAS, The Regional Chairman's Award honors the team that best represents a model for other teams to emulate and which embodies the goals and purpose of FIRST (For Inspiration and Recognition of Science and Technology); and
"WHEREAS, The Greater Rochester FIRST Robotics Competition Team 340 was founded in 1999; the goal of FIRST is to encourage students of all ages to become interested in and to pursue careers in the fields of Science, Technology, Engineering and Math (STEM); and
"WHEREAS, Created to keep the central focus of the FIRST Robotics Competition on the ultimate goal of transforming our culture into one where youth aspire to careers in science and technology, the Chairman's Award is the most prestigious award presented by FIRST; and
"WHEREAS, The Greater Rochester FIRST Robotics Competition Team 340 gives back to its community through volunteering and community service; this past year, the team completed 4,543 hours of community service; and
"WHEREAS, Through demonstrations and volunteering, 21 of Greater Rochester FIRST Robotics Competition Team 340 members received the Presidential Volunteer Service Award this year, including 11 Bronze (100-174 hours), four Silver (175-249 hours) and six Gold (over 250 hours); in the past three years, the team has completed 10,236 hours of community service; and
"WHEREAS, Recently, the Greater Rochester FIRST Robotics Competition Team 340 was one of 10 National Honorees for the National Make a Difference Day Award sponsored by the USA Weekend Magazine, Points of Light Foundation and Newman's Own; Make a Difference Day is the nation's largest day of giving back; and
"WHEREAS, The Greater Rochester FIRST Robotics Competition Team 340 held a 'FIRST Mega Drive' which included a food drive for Foodlink, a children's book drive for National Reach Out and Read, a blood drive for the American Red Cross, and an electronics recycling drive to help keep electronics out of the landfills; these particular drives were held simultaneously and were held in conjunction with an off-season robotics competition hosted by another FIRST Team in the Rochester area; and
"WHEREAS, For being one of the 10 National Honorees, the Greater Rochester FIRST Robotics Competition Team 340 was awarded a scholarship to be donated to a charity of its choice; the scholarship was then given to Rochester Community Robotics, a not-for-profit organization, to help develop new FIRST teams in the Rochester area; and
"WHEREAS, One of the Greater Rochester FIRST Robotics Competition Team 340's major goals is to help all schools in New York State to have the opportunity to start FIRST teams in their schools; and
"WHEREAS, Sponsored by Bausch and Lomb and GE volunteers as well as other local businesses, the Greater Rochester FIRST Robotics Competition Team 340 has won the Chairman's Award seven out of the last nine years at the Finger Lakes Regional Competition, which is held at the Rochester Institute of Technology every year; and
"WHEREAS, The distinguished members of the Greater Rochester FIRST Robotics Competition Team 340 include: Carlo Atene, Adam Audycki, Laura Brunelle, Daniel Felix, Joel Ferrigno, Pat Godard, Michelle Insalaco, Daniel Keister, Tyler Lane, Christa Lawniczak, Courtney Kuhn, Benjamin Meyers, Roger Miller, Melissa Nellist, Taylor Nobles, Rachel Burnell, Darbi Conradt, Allison Maus, Emily Moses, James Buduson, Michael Burns, Joe Hunt, Anthony Jaramillo, Sean Majchrzak, Tyler Pawlaczyk, Taylor Pietruszeuski, Justin Sangiorgi, Shannon Sweeney, Matt Stafford, Tyler Banker, Nick Schell, Mike Cheesbro, Zach Cooper, Anna Doyle, Katy Flynn, Abby Wasmer, Brett Harling, Mike Bailey, Austin Husted, Caitlin Cumming, Connor O'Neill, Dayle Steiner, Ashley Jaramillo, Jeremy Yunker, and Jordan Melita; Team Leader Jason Rees; Assistant Team Leaders Rob Heslin and Ellen Swift; and Team Mentors Bruce Becker, William Brunelle, Philip Cripps, Rex Hays, Cheryl Lawniczak, Gary Lawniczak, John Lawniczak, Kristen McConnell, Justin Montois, Chuck Moon, Barry Nobles, Colin Nobles, Lisa Nobles, and Mike Starke; and
"WHEREAS, It is the sense of this Legislative Body to acknowledge outstanding students who distinguish themselves through their exceptional performance and stand as a sterling example and inspiration to all who would aspire to success; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor the Greater Rochester FIRST Robotics Competition Team 340 upon the occasion of capturing the Chairman's Award at the Finger Lakes Regional Competition; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Greater Rochester FIRST Robotics Competition Team 340."
ACTING PRESIDENT GRIFFO:Senator Ranzenhofer.
SENATOR RANZENHOFER:Thank you, Mr. President.
It gives me a great deal of privilege to welcome to the chamber the members of the Greater Rochester FIRST Robotics Competition Team 340. This is an amazing group of freshmen, sophomores, juniors and seniors who do some truly incredible things. Not with us in the chamber today, but at the Capitol -- and some of you may have seen Argon earlier as you came to the chamber. That is the robot that they designed, constructed, computerized, maintain and compete.
And as my colleague Senator Grisanti said, "What was that crazy thing that I saw as I was walking over here?" That crazy thing is this robot which won in the Finger Lakes competition.
This robot, which they designed from scratch, as you saw today, could throw Frisbees with the accuracy of a first-string quarterback in the NFL, could climb ladders which I could not climb. And it's just amazing to see what they can actually do, constructing from scratch this computerized piece of metal which they designed. And, as I said, they maintain and use it to compete.
With them here today not only are the students joining us in the balcony, but their advisors, school advisors. And also one of the things I learned is this is such a dedicated group that they have students who have graduated five, 10 years ago who still come back to the school to work with the students.
These students are not only an inspiration to us all, they are engaged in what's called STEM -- science, technology, engineering and math, which is the guts of this particular program -- but these are exceptional students, these are students who are graduating high school and going on to some of our finer universities, colleges and community colleges.
These students, as was read in the resolution, combined for 10,236 community service hours. They won the Presidential Volunteer Service Award. And I couldn't begin to compute the number of hours per student, but some of them are over 500, some are over 250. But they're all very, very involved in their community.
I'd like everybody here in the chamber today to join me in welcoming the members and the advisors from Greater Rochester FIRST Robotics Competition Team 340. Welcome to our chambers.
(Applause.)
ACTING PRESIDENT GRIFFO:We welcome the Greater Rochester FIRST Robotics Competition Team 340. Congratulations. Thanks for being here.
Thank you, Senator Ranzenhofer.
The question is on the resolution. All in favor of Resolution Number 2291 signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted. Thank you.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
We have a previously adopted resolution by Senator Marchione, Number 3086. Could we read it in its entirety and call on Senator Marchione.
ACTING PRESIDENT GRIFFO:Thank you, Senator Libous. The resolution was adopted on May 30th.
The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3086, by Senator Marchione, congratulating Emily Stephen upon the occasion of her designation for special recognition as a Gold and Silver Medalist in the Special Olympics World Games.
"WHEREAS, It is the sense of this Legislative Body to extend its full recognition and grateful tribute to the athletes of New York State who have dedicated their purposeful lives to athletic achievement and proudly represented their great state and nation in Special Olympics competition; and
"WHEREAS, This Legislative Body is justly proud to join the Saratoga, New York, community in honoring Emily Stephen, a young woman of great skill, personal courage and unparalleled dedication, whose character and athletic achievements are world-renowned and personify the highest ideals of the American spirit and Special Olympics competition; and:
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, it is the intent of this Legislative Body to congratulate Emily Stephen of Saratoga, New York, upon the occasion of her designation for special recognition as a Gold and Silver Medalist in the Special Olympics World Games; and
"WHEREAS, Emily Stephen knows first-hand as a 14-year veteran and a supremely accomplished athlete in the Special Olympics; skiing for 20 years and competing in equestrian since age 14, she recently returned from her first World Games held in Pyeongchang, South Korea, where she won a gold medal in the super giant slalom and took silver in the giant slalom; and
"WHEREAS, More than 170 athletes represented Team USA in South Korea, with countries ranging from Norway, the Czech Republic and Canada competing; Emily Stephen, who was competing in her first World Games, qualified to be nominated by coaches to attend the World Games after winning a gold medal at States; and
"WHEREAS, Special Olympics has played a huge part in Emily Stephen's growth; she has been given so many opportunities and has matured and gained confidence throughout; in addition to alpine skiing, she excels in equestrian; and
"WHEREAS, In October of 2012 at Skidmore Stables, Emily Stephen earned the Gold at the state games; to prepare for both skiing and equestrian, she trains three nights a week at Saratoga Health and Wellness; Emily gets a lot of moral support from her mother, Kate, and she also practices on her edging technique on the mountains with her coach, Ken Ritzenburg; and
"WHEREAS, At 28 years of age, Emily Stephen could reasonably compete at a high level in skiing and equestrian for the foreseeable future; the challenges of the future include the Summer Games at Los Angeles in 2015 as well as the Winter Games at Austria in 2017; and
"WHEREAS, A role model for all, Emily Stephen is a talented, dedicated athlete who has brought honor to her family, her coaches, and her community of friends who have encouraged her progress and commended her hard work; and
"WHEREAS, A gifted athlete, Emily Stephen's character and achievements stand as a sterling example and inspiration to all who would aspire to such extraordinary success; and
"WHEREAS, Many will only dream of competing in the Special Olympics World Games; this young gifted athlete from the great State of New York, through her hard work and tenacious spirit, has made that vision a reality, and has proudly represented her country in competition among the world's finest athletes, an honor that gives just cause for her family, community and state to be exceedingly proud of her achievements; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate Emily Stephen upon the occasion of her designation for special recognition as a Gold and Silver Medalist in the Special Olympics World Games, and extend its heartfelt congratulations on her athletic achievements, and wish her continued success; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Emily Stephen."
ACTING PRESIDENT GRIFFO:Senator Marchione.
SENATOR MARCHIONE:Thank you, Mr. President.
Today I have the privilege of welcoming Special Olympian Emily Stephen, a skier for over twenty years, as we've just heard, and the winner of a gold and silver medal at the 2013 Olympic World Winter Games.
Emily is joined today by Neal Johnson, who is the president and CEO of the New York State Special Olympics. Welcome to both of you, and thank you very much for being here and for all of your efforts.
You know, at her first special Olympics World Game held at the winter resort in South Korea, Emily won the gold medal in the super giant slalom and took home the silver in the giant slalom. Emily was among 213 Special Olympians and one of five New Yorkers on Team USA who competed against athletes from 110 different countries.
On February 2nd, Emily's gold- medal-winning run in the Alpine skiing advanced super giant slalom event took her 47.15 seconds. She bested the second-place finisher from Norway by a margin of over 6.2 seconds. Emily's winning run was nearly 5 seconds faster than her qualifying time of 52.7 seconds. The following day Emily finished second in the advanced giant slalom, taking home the silver medal with a time of 1 minute 42 seconds.
Emily spent time training, as we've heard, on Special Olympics in Lake Placid, and she regularly skis at West Mountain in Glens Falls. Additionally, Emily works out three days a week with a personal trainer at Saratoga Health and Wellness.
She thoroughly enjoyed her time in South Korea with the rest of the USA ski team. They thoroughly immersed themselves in South Korean culture, although Emily admits that she eventually developed quite a craving for burgers and fries.
Emily keeps in touch, though, with all of her teammates on Facebook, with whom she shared this amazing experience. And she was recently in the news as she helped to carry the Special Olympics torch through Saratoga Spa State Park on its way to the University of Buffalo, where the caldron will be lit on June 14th to signify the opening of the 2013 State Olympic Summer Games.
Special Olympics of course made all of this possible. In the words of Emily's mother Kate, "Special Olympics played a huge part in Emily's growth. She's more confident, outgoing, and she really matured. It's been great. I can't say enough about them. They've given her so many opportunities."
We look forward to watching Emily continue to compete at high levels. In addition to skiing, she's also a dedicated and accomplished equestrian. I know each of us will be rooting for Emily to add to her impressive medal collection in both events at future Special Olympics competitions.
Mr. President and my colleagues, please join me in offering our collective congratulations to Special Olympian Emily Stephen.
Emily, you are the definition of a true champion. Congratulations.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Emily, I know you don't know me, but I can tell you that -- and Neal will tell you -- I have been blessed in my life because I have been the honorary chairman of the New York State Special Olympics twice. And I would say to you I know a little bit about Special Olympics. And I will say in front of everybody here, you are awesome.
ACTING PRESIDENT GRIFFO:Welcome, Emily, and our best wishes to you.
The resolution was previously adopted on May 30th.
Senator Libous.
SENATOR LIBOUS:Mr. President, I have a motion that I need to do.
On behalf of Senator Grisanti, on page 38 I offer the following amendments to Calendar Number 455, Senate Print 3753, 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 I would like to have the reading of the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 74, by Senator Gallivan, Senate Print 583D, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 100, by Senator Maziarz, Senate Print 1342, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 100: Ayes, 58. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:So noted. The bill is passed.
THE SECRETARY:Calendar Number 101, by Senator Maziarz, Senate Print 2512B, an act to amend the Public Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 117, by Senator Hannon, Senate Print 2937, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 118, by Senator DeFrancisco, Senate Print 337A, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 155, by Senator Klein, Senate Print 2321A, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 155, those recorded in the negative are Senators Avella, Diaz, Gianaris, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders, Serrano and Squadron.
Ayes, 48. Nays, 11.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 206, by Senator Seward, Senate Print 4171B, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 208, by Senator Libous, Senate Print 4191B, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 319, by Senator LaValle, Senate Print 1564, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 319, those recorded in the negative are Senators Avella, Dilan, Espaillat, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders, Squadron, Stavisky and Tkaczyk.
Ayes, 46. Nays, 13.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 362, by Senator Felder, Senate Print 4540, an act to amend Chapter 415 of the Laws of 1913.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 26. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 407, by Senator Ritchie, Senate Print 4302A, an act to amend the Agriculture and Markets 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, 57. Nays, 2. Senators Avella and Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 472, by Senator Young, Senate Print 4578A, an act to amend Chapter 321 of the Laws of 2011.
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, 56. Nays, 3. Senators Espaillat, Perkins and Serrano recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 473, by Senator Carlucci, Senate Print 1784 --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 577, by Senator Seward, Senate Print 3657, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Diaz recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 582, by Senator Valesky, Senate Print 2160, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 624, by Senator Felder, Senate Print 4529B, an act to amend the Family Court Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 628, by Senator Gianaris, Senate Print 612, 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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 652, by Senator Carlucci, Senate Print 3245, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 655, by Senator Golden, Senate Print 4248A, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 762, by Senator Bonacic, Senate Print 4644C, an act to amend the Family Court Act and the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 769, by Senator Lanza, Senate Print 5145, an act to amend the Banking 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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 770, by Senator Squadron, Senate Print 218, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 11. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 775, by Senator Marcellino, Senate Print 1521, 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 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Marcellino to explain his vote.
SENATOR MARCELLINO:Thank you, Mr. President. I appreciate the opportunity to explain my vote.
We keep talking about --
ACTING PRESIDENT GRIFFO:Excuse me, Senator Marcellino.
Can we have some order in the house, please.
Senator Marcellino.
SENATOR MARCELLINO:Thank you, Mr. President. Appreciate the call for order.
We keep talking about a quality of life. And the only way you can do that is to get rid of these petty crimes that occur with some frequency when you have people out there who have a habit of getting into trouble and don't stop. And it's a misdemeanor, so they figure, well, it's no big deal. They don't go to jail. They rarely serve any time. They rarely are taken off the street for any period of time. So they're out there all the time harassing people, creating problems, causing people in communities to be leery about walking down the street.
There was a time you didn't want to drive down the street because of the so-called squeegee people who were on the street and who would rush your car when you stopped for a light and start literally dirtying up your windshield rather than cleaning it off, creating more trouble than they resolved. Unless you bought them off, unless you paid them, they didn't go away.
So that was a problem, and it caused difficulty and people just didn't come into the city and wouldn't go places because of that problem. When that was stopped, people began to come back.
We see a loss of that. We see some neighborhoods that are literally infested and literally under siege by this what I call professional criminal class. And we have to send the message that this is intolerable.
This bill is the first step in doing that. It simply says if you're a chronic criminal, if you do this and you don't ever learn, if you're a constant recidivist, we're going to take you off the street after a certain point in time for a period of time, and hopefully teach you a lesson and hopefully get you back on the straight and narrow.
That's the purpose of this. No other purpose. It's to improve the quality of life for the honest, hardworking citizens of this state who are literally being harassed off their streets. This has got to stop, and we're the people who are charged with maintaining the health and safety and welfare of the average citizen and of the people of the state.
This bill, as I said, does that. I thank my colleagues for their support. And hopefully the other house will see the same light and pass it as well,
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:Senator Marcellino to be recorded in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President. I rise to explain why I have to disagree with Senator Marcellino and vote no.
It is true that people find many things irritating, including any number of misdemeanors, but the truth is the people who are most likely to get caught up in this new category of misdemeanors shifting into a felony are the poor, the mentally ill, the homeless. People who may be found with misdemeanors for loitering because they have nowhere else to go. People who may in fact jump a turnstile to get on the trains when it's cold in winter but they don't have the money for a MetroCard. People who may be found sleeping on a park bench because they have nowhere else to be.
So I understand his frustration about quality-of-life crimes. But I also understand that at least in my city we're sending thousands of mentally ill people to Rikers Island already. We arrest people rather than provide public services or affordable housing.
I do not think it is in the best interests of the State of New York to end up with a cost of $50,000 to $60,000 a year in prison costs, not to mention court costs, because we are not addressing the needs of our poorest citizens.
Certainly there is responsibility on all sides, but I don't believe moving misdemeanors into a felony, not by type of crime but simply the frequency by which someone might be hit with misdemeanors, is good public policy.
I'll be voting no, Mr. President. Thank you.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Senator Montgomery to explain her vote.
SENATOR MONTGOMERY:Yes, Mr. President, thank you.
I would certainly like to disagree with Senator Marcellino, and I especially take offense to referring to certain groups of people as the criminal class. And I'll tell you why.
I have had many, many instances where young people in particular, even students who were protesting at their school, outside their school, or students who happen to be victims of stop-and-frisk contacts with police -- and one contact with police can end up with four misdemeanor charges or more. I've seen that, I've had it happen many times.
And so I know this is not necessarily about a criminal class that we're talking about. We're talking about the possibility of automatically receiving a Class E felony because of a number of misdemeanors that you receive. And very often it doesn't require five years, it very often could be a one-time contact.
So I think this is a very, very bad statement in terms of -- and policy as it relates to how people receive an E felony, which is a very serious and life-altering crime.
So, Mr. President, I vote no and I invite my colleagues to join me in rejecting this particular legislation that Senator Marcellino has put forward. Thank you. I vote no.
ACTING PRESIDENT GRIFFO:Senator Montgomery to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 775, those recorded in the negative are Senators Adams, Dilan, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky.
Ayes, 45. Nays, 15.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 776, by Senator Little, Senate Print 1756, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Ball and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 793, by Senator Carlucci, Senate Print 3246, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 819, substituted earlier by Member of the Assembly Russell, Assembly Print 7101, an act to amend Chapter 455 of the Laws of 2011.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Serrano recorded in the negative. Also Senator Hoylman. Also Senator Espaillat.
ACTING PRESIDENT GRIFFO:Reannounce the results.
THE SECRETARY:Ayes, 57. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 820, by Senator Grisanti, Senate Print 4997, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the same date and in the same manner as Section 5 of Part R of Chapter 58 of the Laws of 2013.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 820, those recorded in the negative are Senators Espaillat, Hoylman, Krueger, Perkins, and Serrano.
Ayes, 55. Nays, 5.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 821, by Senator Grisanti, Senate Print --
SENATOR LIBOUS:Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 830, by Senator DeFrancisco, Senate Print 4451A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 836, by Senator Griffo --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 911, by Senator Griffo, Senate Print 3907, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 911, those recorded in the negative are Senators Adams, Addabbo, Avella, Breslin, Dilan, Espaillat, Gianaris, Gipson, Kennedy, Krueger, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins. Also Senator Hoylman.
Ayes, 41. Nays, 19.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 930, by Senator Marcellino, Senate Print 1520, 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, 57. Nays, 3. Senators Hassell-Thompson, Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 947, by Senator Seward, Senate Print 2886, an act to amend the Insurance 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:Ayes, 58. Nays, 2. Senators Avella and Diaz recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 950, by Senator Griffo, Senate Print 5121, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 955, by Senator LaValle, Senate Print 1752, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Dilan recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1027, by Senator Griffo, Senate Print --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 1030, by Senator Seward, Senate Print 3462 --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 1031, by Senator Valesky, Senate Print 5009A, an act to amend the Legislative Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Gianaris to explain his vote.
SENATOR GIANARIS:Thank you, Mr. President.
This bill is opposed by the New York Civil Liberties Union as well as the founder of the Brennan Center. Nor is it supported by NYPIRG or the League of Women Voters. And the reason is because it is unconstitutional -- it's contrary to the First Amendment of the U.S. Constitution -- as well as being overbroad.
Among the things this would prohibit would be anyone who works for a labor or a business group working on a campaign and then turning around and having that group lobby its government. It would actually prohibit any labor organization or business organization from lobbying government simply because one of their employees chose to work on a political campaign.
In addition, it would prohibit cable and phone companies from lobbying government simply because they provide a campaign service that's paid for when people take ads on television or use the phone service to conduct robocalls.
Other states that have tried this have had it knocked down by the courts for exactly this reason. New York City explored a similar regulation and reversed course very quickly when it realized that it was an issue that's opposed by the good government community and is contrary to the United States Constitution.
It is an ill-advised piece of legislation, and I urge my colleagues to join me in voting in the negative.
ACTING PRESIDENT GRIFFO:Senator Gianaris to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1031, those recorded in the negative are Senators Adams, Addabbo, Bonacic, Breslin, Dilan, Gianaris, Gipson, Hassell-Thompson, Hoylman, Krueger, Latimer, Montgomery, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins and Tkaczyk.
Ayes, 36. Nays, 24.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1032, by Senator Marchione, Senate Print 5161, an act to amend the Legislative Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 1033, by Senator Marchione, Senate Print 5166, an act --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 1036, by Senator Griffo, Senate Print 5519A, an act to amend the Executive Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 1037, by Senator Maziarz, Senate Print 5536A, an act to amend the Public Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 10. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Avella and Tkaczyk recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1038, by Senator Valesky, Senate Print 5553, an act to amend the State Administrative Procedure Act.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 1040, by Senator Gallivan, Senate Print 5657, an act to amend the State Administrative Procedure Act.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
Senator Libous, that completes the noncontroversial reading of the active list of June 10th.
SENATOR LIBOUS:I can see that, Mr. President. And I see that we do have a controversial calendar.
However, before we do the controversial calendar, I am going to call an immediate meeting of the Rules Committee in Room 332 so that we can do more legislation and move the process along this week.
So we'll have the Senate stand at ease, but there will be an immediate meeting of the Rules Committee. The sooner the members of the Rules Committee get there, the sooner we can get back and debate these bills.
ACTING PRESIDENT GRIFFO:There's an immediate meeting of the Rules Committee in Room 332.
The Senate shall stand at ease.
(Whereupon, the Senate stood at ease at 4:43 p.m.)
(Whereupon, the Senate reconvened at 5:15 p.m.)
ACTING PRESIDENT O'MARA:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe there's a report of the Rules Committee at the desk. Could we have it read at this time.
ACTING PRESIDENT O'MARA:Reports of standing committees.
The Secretary will read.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 731, by Senator Avella, an act to amend the Religious Corporations Law;
Senate 1044, by Senator Grisanti, an act to amend the Education Law;
Senate 1360, by Senator Little, an act to amend the Real Property Law;
Senate 1445A, by Senator Flanagan, an act to amend the Public Lands Law;
Senate 1948, by Senator Ritchie, an act to amend the Vehicle and Traffic Law;
Senate 2312, by Senator DeFrancisco, an act to amend the Real Property Law;
Senate 2489, by Senator Lanza, an act to amend the Education Law;
Senate 2959A, by Senator Golden, an act to amend the Correction Law;
Senate 3300, by Senator Nozzolio, an act to amend the General Municipal Law;
Senate 3313, by Senator LaValle, an act in relation to authorizing;
Senate 3591, by Senator O'Mara, an act to amend the General Municipal Law;
Senate 3592, by Senator O'Mara, an act to amend the General Municipal Law;
Senate 3626, by Senator Lanza, an act to amend the Tax Law;
Senate 3668, by Senator Martins, an act in relation to the sales and compensating use tax;
Senate 3701, by Senator Valesky, an act in relation to qualifying;
Senate 3769, by Senator Robach, an act to amend the Vehicle and Traffic Law;
Senate 3852, by Senator DeFrancisco, an act to amend the Civil Practice Law and Rules;
Senate 4104, by Senator LaValle, an act to amend the Town Law;
Senate 4188, by Senator Flanagan, an act to amend the Vehicle and Traffic Law;
Senate 4311, by Senator Golden, an act to amend the Tax Law;
Senate 4335, by Senator Young, an act to amend the Tax Law;
Senate 4379, by Senator Boyle, an act to amend the Tax Law;
Senate 4418A, by Senator LaValle, an act authorizing;
Senate 4558, by Senator Little, an act to amend the Tax Law;
Senate 4634, by Senator Carlucci, an act to authorize;
Senate 4636, by Senator Carlucci, an act to authorize;
Senate 4640, by Senator Carlucci, an act to authorize;
Senate 4688, by Senator Little, Concurrent Resolution of the Senate and Assembly;
Senate 4753, by Senator Robach, an act in relation to a certain agreement;
Senate 4763, by Senator Bonacic, an act to amend the Civil Practice Law and Rules;
Senate 4824, by Senator Savino, an act to amend the Town Law;
Senate 4856, by Senator DeFrancisco, an act to amend the General Municipal Law;
Senate 5002, by Senator Lanza, an act to amend the Transportation Law;
Senate 5011A, by Senator Savino, an act to amend Chapter 879 of the Laws of 1939;
Senate 5030, by Senator Carlucci, an act to amend the Executive Law;
Senate 5139, by Senator Little, an act to amend the Retirement and Social Security Law;
Senate 5222, by Senator Marchione, an act to amend the Tax Law;
Senate 5317, by Senator Marcellino, an act to amend the General Municipal Law;
Senate 5585, by Senator Golden, an act to amend the Civil Service Law;
And Senate 5680, by Senator Maziarz, an act to amend the Correction Law.
All bills reported direct to third reading.
SENATOR LIBOUS:Mr. President, I move to accept the report of the Rules Committee.
ACTING PRESIDENT O'MARA:All in favor of accepting the report of the Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT O'MARA:Those opposed, nay.
(No response.)
ACTING PRESIDENT O'MARA:The report of the Rules Committee is accepted.
Senator Libous.
SENATOR LIBOUS:Mr. President, we're going to go to the reading of the controversial calendar, and I just want to take it out of order, if we can.
We'll go to the reading of the controversial calendar, and I'd like to take up Calendar Number 582, by Senator Valesky, first.
ACTING PRESIDENT O'MARA:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 582, by Senator Valesky, Senate Print 2160, an act to amend the State Administrative Procedure Act.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT O'MARA:Senator Valesky, an explanation has been requested.
SENATOR VALESKY:Thank you, Mr. President.
This bill that is before us is the first in a series of measures in a legislative package that the Majority Coalition is advancing today to address the issue of regulatory reform in New York State.
As I'm sure many of my colleagues know, our small businesses, the backbone of our economy, have been overburdened with, in many cases, unnecessary and costly regulation that impacts directly their ability to be successful and has contributed to New York State being listed 50th out of 50 in terms of tax and regulatory climate.
So the bill that we see before us today simply maintains that through the State Administrative Procedure Act it will be the affirmative duty upon state agencies that, when they are promulgating any rule or regulation, to institute outreach efforts on the front end to those regulated persons or those persons about to be regulated through this proposed regulation, and solicit from them on the front end any impact, any administrative burden that they would deem likely to be in effect, in addition to any costs associated with those administrative burdens, at the beginning of the regulatory process.
ACTING PRESIDENT O'MARA:Senator Krueger.
SENATOR KRUEGER:Thank you. Through you, Mr. President, if the sponsor would please yield.
ACTING PRESIDENT O'MARA:Will you yield, Senator Valesky?
SENATOR VALESKY:Certainly. Certainly.
SENATOR KRUEGER:Thank you.
So we do already have a State Administrative Procedure Act in place, SAPA. And my understanding is that they do publish proposed regulations with a comment period and try to make that publicly available.
So how would this bill change the process that they go through?
SENATOR VALESKY:Mr. President, through you. This measure is designed to make clear in the State Administrative Procedure Act -- and we've gone through SAPA and amended the act accordingly -- that it is incumbent first and foremost upon the state agency to seek out, to the best of their ability, and gather input from any regulated person or persons as to the potential impact of the rule that they would be about to consider.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR VALESKY:Yes.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR KRUEGER:Thank you.
So the sponsor answered and in his explanation of the bill he was talking about wanting to ensure that we don't hurt businesses and that we understand the impact on the cost. But I didn't hear the sponsor talk about evaluating the impact for the good on people from regulations.
So just to clarify, under this bill would the SAPA entity have the same obligation to reach out to people whose children might be helped by cleaner air that this regulation might lead to, or the elderly or vulnerable would in fact be more protected because of this regulation?
So is this a one-sided approach to the question, or is it in fact also to reach out to understand the positive impacts that would come about by implementation of a law this house passed and an agency regulated?
SENATOR VALESKY:Certainly. Well, Mr. President, this bill, if it were to become law, would seek to obtain comments and input from all regulated persons.
So this is not one side or the other, this is from anyone who in the state agency's opinion could be affected in any way, shape or form -- positively or negatively, to your point -- and seek out input as to the impact of that proposed rule.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT O'MARA:On the bill, Senator Krueger.
SENATOR KRUEGER:Thank you. I appreciate the sponsor's answer.
See, my dilemma is when you read the bill, the sections only talk about the negative impact, the prior to promulgating such rule, agency has an affirmative duty to reach out to the regulated persons who may be adversely affected and obtain from such persons their comments and cost estimates. That's on page 2, line 40 through 43.
It then to some degree repeats and expands upon that on page 3, lines 7 through 11, 12 through 14, 22 to 26, 32 to 34, 46 to 49. These are the lines. On page 4, 18 through 22, 23 through 25. I think those highlight the lines.
If this was a bill that said we have a SAPA process, we don't think it's adequate, we think there should be more outreach to the public so they could comment upon the impact of these new rules and regulations and give us the pros and cons and the impact on them, I actually would think that was a good thing.
Of course an agency, any agency dealing with SAPA isn't going to be creating rules or regulations unless we in this house, plus the other house, plus the Governor, passed a law requiring that the agencies play some role in expanding upon or creating or changing their rules or regulations.
So I certainly like very much the idea of bringing the public into the dialogue more. Even before we pass the law, I like the idea of bringing the public in more. My problem with this specific bill and the reason I would have to vote no tonight is because this only says the adverse consequences.
I seriously doubt there's one person in this house who has ever voted for a bill who didn't think there's probably a regulation to go along with that bill. And I doubt anyone here in this house, whoever voted for a bill, imagined that the only consequences would be negative. I would actually think most of us think, when we vote for a new law, believe in good faith that we are making an improvement in the laws of New York State.
And when you change a law, you need to modify, change or add rules or regulations. And again, if most of us think the bills we pass are for the good and do require government implementation of the laws we pass, then it seems to me we'd want to find out, once we pass the law, who actually likes this for what reasons, how will it be helpful to communities, to families, to people's health, to our environmental health, to improve actually the quality of life in New York State to increase the reason for businesses to come here and people to want to raise their families here.
So it's an interesting proposal to expand, but it's too one-sided, Mr. President. We want to hear from everyone, not just the people who think they'd be adversely impacted. But I know you and I both would want to hear from the people who are glad to see a Senator O'Mara or a Senator Krueger bill pass because they actually believe it will improve the quality of their lives, of their communities, and lead to the betterment of the State of New York.
So what I ask for is fair play in how we evaluate our regulations. And right now I believe that the sponsor needs to go back and balance the language in the bill. Because it's all about the costs and the negative impacts.
So I would recommend a no vote, Mr. President. Thank you.
ACTING PRESIDENT O'MARA:Thank you, Senator.
Seeing no other Senator wishing to be heard, the Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 10. This act shall take effect on the first of January.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Announce the results.
THE SECRETARY:In relation to Calendar Number 582, those recorded in the negative are Senators Adams, Avella, Gianaris, Gipson, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders, Serrano and Stavisky.
Absent from voting: Senators Parker and Squadron.
Ayes, 47. Nays, 12.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Let's go back to Senator Carlucci's bill, Number 473, please.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Calendar Number 473, by Senator Carlucci, Senate Print 1784, an act to amend the State Administrative Procedure Act.
SENATOR KRUEGER:Explanation, please.
ACTING PRESIDENT O'MARA:Senator Carlucci, an explanation has been requested.
SENATOR CARLUCCI:Thank you, Mr. President.
This bill will amend SAPA, the State Administrative Procedure Act, to allow for regulated businesses in the State of New York to petition the state agencies to allow them to implement best practices.
This would allow the state agency, give them a formal process to hear new best practices that have been developed and allow that state agency to determine the best practice moving forward.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would yield.
ACTING PRESIDENT O'MARA:Senator Carlucci, will you yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR KRUEGER:Why does the sponsor think a state agency wouldn't use best practices when writing its rules and regulations today?
SENATOR CARLUCCI:This would be an unintended consequence. This has to do with new rules and old rules.
As we know, in the 21st century best practices change rapidly. And who better to know than the experts or the people working in that industry. If there is a new technology, if there is a breakthrough, let's allow that process to unfold and make sure that these business entities are communicating with our state agencies to make sure that we are equipped to compete in a global economy in the 21st century.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR CARLUCCI:Yes, I yield.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR KRUEGER:Thank you.
So using any hypothetical, let's say the natural gas industry, does the sponsor believe the natural gas industry is in a better position to determine the appropriate rules and regulations for itself, say compared to the Department of Health or the Department of Environmental Conservation?
SENATOR CARLUCCI:In the language of the bill we exempt environmental and health and safety issues from being susceptible to a petition. And the state agencies, of course, would deny those flat out if it was jeopardizing health and safety or environmental issues.
SENATOR KRUEGER:Through you, Mr. President, I'm a little lost right now. Can the sponsor cite the section of his bill that exempts environment, health and safety rules and regulations?
SENATOR CARLUCCI:Mr. President, yes, I found the section of the legislation. It's on page 3, line 7, section 4A.
SENATOR KRUEGER:Mr. President, if through you the sponsor would continue to yield.
ACTING PRESIDENT O'MARA:Do you yield, Senator?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR KRUEGER:So just double-checking, the sponsor is saying that because there is diminution and abatement added, that nothing can be done to change the regulations vis-a-vis -- I'm just going to read the whole sentence, if I might.
"Or regulated businesses establish that the alternate method is consistent with and will effectively carry out the objective of the regulatory mandate, provided, however, that no petition shall be approved which shall result in the diminution or abatement of environmental health or safety standards or reduce any benefits or rights accorded by the law to third parties."
Is that the sentence of the bill that the sponsor meant here?
SENATOR CARLUCCI:Yes, that's the section.
SENATOR KRUEGER:I appreciate the sponsor's answer because I think actually it's important, because it was an important question, to highlight that agencies are not supposed to do this.
If the sponsor would continue to yield, please.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR KRUEGER:Thank you.
How will the state under this law establish which agency the businesses want to go to, and how will that be decided? Because I'm a little concerned that it's a bit like venue shopping in court. You're looking for an agency that might not look at the same questions as the agency that it was assigned to when the law was passed.
What will be the process for that?
SENATOR CARLUCCI:Well, that is defined in the bill. In order to file the petition, like the municipalities and the regulated businesses, they will have to clearly define which mandate they were referring to. And that mandate would have to have been promulgated by a specific agency in which they would send the petition.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR KRUEGER:Thank you.
So if I don't like a regulation that an agency has written, I petition SAPA to give it to a different agency to rewrite the regulation? Am I understanding that correctly?
SENATOR CARLUCCI:No. It clearly states in this legislation what the criteria will be for a regulated business to submit a petition. And one of them is, as the previous speaker had asked, how will we know which agency it goes to.
They have to specifically state which regulation they are looking to amend, to bring in to an alternative method. And that would be defined by which agency promulgated that regulation. So it will have to go to that agency.
Therefore, that agency will decide whether they agree or and they want to approve it as is, deny it outright, or make a combination of taking some of those ideas and implementing them into a new regulation.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR KRUEGER:Thank you.
This bill seems to specifically describe a mechanism to petition for businesses. But what if people who are impacted by the law also believe the regulations are wrong, not the business per se? Because probably most regulations we pass in the state impact businesses, consumers, citizens, clients, patients, et cetera.
So what if the patients -- let's move away from natural gas and move into a regulation on healthcare. What if -- unlike the businesses, which would be, I suppose, hospitals, nursing homes, healthcare providers. They would be the businesses. But suppose the patients believed that these regulations were not written correctly to protect their interests as consumers.
Under this law, are they allowed to also file a petition with SAPA, and would the same process apply? And could the sponsor share with me where it clarifies that in the law?
SENATOR CARLUCCI:Yes. Under -- Section 204 of SAPA allows for an individual to ask for a declaratory hearing or ruling.
SENATOR KRUEGER:Mr. President, through you, I am reading, I think, the section of the law, 204. Can the sponsor find the sentence for me that cites that?
SENATOR CARLUCCI:Well, it's right there in the front of the State Administrative Procedure Act. I have it in front of me. Section 204, "Declaratory Rulings by Agencies." And the first sentence says: "On petition of any person." And I can go further, but I think that states it right there.
SENATOR KRUEGER:Through you, Mr. President. So the sponsor believes that we already have in -- asking.
ACTING PRESIDENT O'MARA:Are you asking the sponsor to yield or are you on the bill?
SENATOR KRUEGER:Thank you. I would like the sponsor to yield. Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Do you yield, Senator?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT O'MARA:Proceed, Senator Krueger.
SENATOR KRUEGER:Thank you.
So the sponsor believes that under existing law local governments can already file petitions -- municipalities -- and that individuals can, but that businesses cannot. So he believes that this bill is providing an additional clarification of people's rights to come to SAPA. Is that his understanding?
SENATOR CARLUCCI:Well, actually the current law under SAPA, which we're trying to amend in this legislation, is only afforded to municipalities in the State of New York. The declaratory ruling is a separate issue.
What we're trying to do in this legislation is allow for not only municipalities when they find an opportunity to bring in new best practices, but also for businesses in the State of New York. And the idea there is to make sure that we can save money, that we can be on a competitive footing to be able to attract quality employers and make sure that businesses in our state are thriving.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT O'MARA:On the bill, Senator Krueger.
SENATOR KRUEGER:Thank you.
I appreciate the sponsor's answers. I'm glad he did point out to me that this cannot apply to health, safety, and environmental regulations. I'm glad that he clarified the difference between municipalities and local governments asking for state clarification for best practice.
And his answer that individuals have certain rights under existing Section 204 of SAPA only partially answers my concern. It would still not allow individuals or groups of individuals who believe that they were negatively impacted by regulations or the proposed alternatives provided by businesses. It would not give them equal standing to say "No, this might help them, but it could hurt us."
Again, like the previous bill, my concern is that these bills -- which could be written to be equally balanced in interests of both sides of the debate -- give an advantage to one side over the other.
Again, there is no bill we pass that we don't believe has a reason to exist, a reason to become a law and protect the citizens of New York State, whether they are private individuals, whether they are groups of consumers, whether they are members of a particular town or whether they are owners of particular business.
I feel very strongly that when we make changes to our administrative and regulatory laws, we need to make sure that we keep everybody's rights and interests balanced in the proposals.
And again, with this bill, since it does not explicitly expand on and provide the right to petition for groups of consumers, people impacted by the regulations that might be changed for groups of businesses, I do not think I can support this bill. Although I do think that the sponsor could amend his bill in a way that I actually could be comfortable with it in the future.
I feel very strongly that the rules, the regulations, the process by which we create not just law but by the regulations that are the interpretation of the agencies of the law, need to make sure they're factoring in with equal weight everyone's rights and the impact on everyone and anyone who could have their lives affected by a change in a rule or the creation of a new regulation.
I'll be voting no, Mr. President. Thank you.
ACTING PRESIDENT O'MARA:Thank you, Senator Krueger.
Seeing no other Senator wishing to be heard, the Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of January.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Announce the results.
THE SECRETARY:In relation to Calendar Number 473, those recorded in the negative are Senators Adams, Addabbo, Avella, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Rivera, Sanders, Serrano and Stavisky.
Absent from voting: Senator Squadron.
Ayes, 47. Nays, 14.
ACTING PRESIDENT O'MARA:The bill is passed.
SENATOR LIBOUS:Mr. President, can we just pause for one second. I want to give Senator Krueger time to get ready for the next debate.
(Laughter.)
SENATOR LIBOUS:That's a joke, Mr. President.
ACTING PRESIDENT O'MARA:The Secretary will read.
SENATOR LIBOUS:No, no. Seriously, can we pause?
ACTING PRESIDENT O'MARA:Oh, you want to pause?
SENATOR LIBOUS:That was a joke; I was trying to be lighthearted. But we do need to pause.
ACTING PRESIDENT O'MARA:You want to pause regardless.
(Pause.)
SENATOR LIBOUS:All right, at this time we will now do -- Senator Krueger says she's ready, and we will do Number 836. And you can go in regular order.
ACTING PRESIDENT O'MARA:The Secretary will read Calendar 836.
THE SECRETARY:Calendar Number 836, by Senator Griffo, Senate Print 3556, an act to amend the Legislative Law.
SENATOR GIANARIS:Explanation.
ACTING PRESIDENT O'MARA:Senator Griffo, an explanation has been requested.
SENATOR GRIFFO:Mr. President, thank you.
Well, this bill is pretty self-explanatory. I actually brought it to the house upon being first elected and discussing it with my conference, as an opportunity to reinvigorate the process, to continue to provide for innovative and fresh ideas through leadership, to empower members.
Now, we are fortunate in my conference because we have leaders who are attentive and responsive to the members and involve the members. But I wanted to ensure that that was happening in this house and in the other house, because I believe the people of the State of New York deserve that opportunity.
Fortunately, we passed it in this house, but it went nowhere in the Assembly. But I persisted and began to gain some support in that house and did find a majority sponsor in the Assembly to carry the bill.
But in the meantime, we were able to lead by example in this house. We got together bipartisanly to discuss rules changes and there was a consensus that we would try to change this chamber and that we would impose limits on the length of time and tenure of chairmen of committees and the leaders. In fact, we went further in the rules of the Senate than this particular piece of legislation does.
This legislation pertains specifically to the Speaker and the Temporary President and Minority Leader. But the Senate rules I believe are a great reflection of what we can and should do. But in order to get this in the Assembly, working with a partner and a colleague in the majority there, this is the nature of this particular bill, which puts a 12-year limit on the leaders and eight years on the chairs.
SENATOR GIANARIS:Will the sponsor yield, Mr. President?
SENATOR GRIFFO:I most certainly yield to Senator Gianaris.
ACTING PRESIDENT O'MARA:The sponsor yields.
SENATOR GIANARIS:Thank you.
First of all, I appreciate that the sponsor recognized that a rules change that took place when the Democrats had the chamber is something he supports, because it's my understanding that these limitations on leadership positions were established at that time.
But my question is why this bill would seek to actually lengthen the amount of time that either the Temporary President of the Senate or the Minority Leader of the Senate can serve in that position, since as he pointed out, the rules require an eight-year limit.
SENATOR GRIFFO:Well, Mr. President, through you. Senator Gianaris, I appreciate that, and I think I indicated that, but I'll reiterate it to you.
First, I want to accept the acknowledgment from you that this was an idea that I first proposed as a member of this conference and advocated and passed in this house in 2007 under Republican leadership. And I appreciate the fact that we were able to convince and to do that in a very deliberative process, working collectively together, that we should try to do something different.
And yes, those rules were first incorporated in 2009, so that we could lead by example so the other house might follow through and do something similar.
At the same time, I had an opportunity to meet with -- because I believe that in order to be effective here, we should try to find sponsors in the other house to try to truly get results. So I worked with another member of the Assembly in this particular instance, Assemblywoman Galef, and we were able to put together a bill. And this bill is a reflection of a compromise between what the Assembly thought they could get passed and what we really wanted to get done.
I would like to see the rules of the Senate applied statutorily in this state, but I recognize that any opportunity to put some limits on the tenure of leaders is important. So if the Assembly felt that this was a more plausible and feasible way to get that done, then I agreed. But I would be open and amenable if the Assemblywoman would agree, through further consultation and conversations, to bring it to mirror the Senate rules.
SENATOR GIANARIS:Does the sponsor yield?
ACTING PRESIDENT O'MARA:Do you yield, Senator Griffo?
SENATOR GRIFFO:I do.
SENATOR GIANARIS:Does the sponsor have any indication that the Assembly would look more favorably on a 12 or an 8 or a 20 or a 5 or an any-year limit? Has there been any progress on this proposal in the Assembly at all?
SENATOR GRIFFO:Mr. President, through you. Senator Gianaris, I can't speak to what takes place in the Assembly, and these days I'm glad I can't speak to that.
But I believe that, after consulting with the member of the Assembly who is carrying the bill, that this was the compromise that she envisioned and believed could be attainable, and that's why we chose this approach. Because I do believe that this should be a statute of the State of New York, not just merely a rule of one particular house.
SENATOR GIANARIS:Would the sponsor continue to yield, Mr. President?
SENATOR GRIFFO:I do.
SENATOR GIANARIS:The bill as proposed, would that limit be cumulative or consecutive years only? In other words, would someone be limited to these positions if they served 12 consecutive years and then take a break and come back? Or is it a cumulative amount of time in the position?
SENATOR GRIFFO:Mr. President, through you. Senator Gianaris, it's my understanding that if the bill were to become law, it would be prospective, and then from there it would be consecutive. So eight consecutive years, 12 consecutive years.
SENATOR GIANARIS:Would the sponsor continue to yield?
SENATOR GRIFFO:I do.
SENATOR GIANARIS:How would that proposal, if it were enacted, affect the situation where the president of the Senate alternates on a daily basis? Would the consecutive limit have any application in that scenario whatsoever? Or because it would be one day at a time, there would be effectively no limit?
SENATOR GRIFFO:Mr. President, through you. Senator Gianaris, it would be my understanding, because we are in different times and have different situations that arise, obviously, that I would yield to counsel on making a determination.
But I believe that it would all actually just add up, and that's how you would make the determination, based on the amount of time on a particular number of days in a year. Or if you were splitting the year in half, I guess we would have to look at it that way.
But it is a good point to consider and to -- as I indicated earlier, I want to see the concept embraced here and moved forward. I would like to see the current Senate rules become the ultimate goal and objective. But I want to work with the other house because I believe statute is more important than just a particular rule of the house.
SENATOR GIANARIS:Would the sponsor continue to yield?
SENATOR GRIFFO:I do.
SENATOR GIANARIS:I appreciate the answer, but I think this is an important point. And your answer just now seemed to contradict your immediately previous answer.
So in a situation like that in which we are experiencing today in the Senate, where the presidency of the Senate alternates, would it be a 24-year limit for the two of them? Would it be effectively no limit? Would it in fact be cumulative and not consecutive, as you just indicated?
SENATOR GRIFFO:Mr. President, through you. Senator Gianaris, it's my understanding that the rule would apply as is, that they've been both elected copresidents. So in that category, the individual would serve that amount of time based upon the limit that's established in law. If something were to change or if -- if one particular conference were the majority of the body at that time. So it would be a clock ticking then.
So whoever is there now, even in a copresidency, it would be for -- it's a copresidency for 24 months. So they would be under the rule and regulation here. Both individuals would be both subject to the rule.
SENATOR GIANARIS:Would the sponsor continue to yield?
SENATOR GRIFFO:I do.
SENATOR GIANARIS:Just so I understand, would that be two years attributed to each of them? Or would that be split in half and be one year attributed to each of them?
SENATOR GRIFFO:Mr. President, through you. Senator Gianaris, it would be my impression that it would be attributed to each of them as president of the Senate. It's a copresidency, so the same limit would occur. It would be two years. If you're serving for two years as copresident, that means it's two years coming off the clock of the 12.
SENATOR GIANARIS:Would the sponsor continue to yield?
SENATOR GRIFFO:I do.
SENATOR GIANARIS:Is the sponsor aware that in fact the way that the resolution was drafted and adopted establishing the presidency of the Senate, that it is not permissible for two people to share the presidency, which is why individual dates were selected for each of them to serve as president? So in effect there is no copresidency, it's an alternating presidency.
SENATOR GRIFFO:Mr. President, through you. I understand what you're saying, Senator Gianaris. But I think still the concept of the limit of time and service applies here.
So it is my understanding, and I would yield to a further definition or delineation from counsel, but it would be my understanding that the individual, regardless of the fact -- and I understand that there's only one president at a time. But holding the title of president regardless of how you're sharing that time would limit you to 12 years in office.
And as far as it is considered right now, they are copresidents, so I think the clock begins. For each member.
SENATOR GIANARIS:Would the sponsor continue to yield?
SENATOR GRIFFO:I do.
SENATOR GIANARIS:And I believe you had indicated it was consecutive in the way the clock is run. So if the rotating presidency went from Skelos and Klein to Libous and Krueger and then back to Skelos and Klein -- you like that? -- how would that affect the clock running in terms of the limitation on the term?
SENATOR GRIFFO:Mr. President, through you. Senator Gianaris, as I look further, it is cumulative, not consecutive.
SENATOR GIANARIS:It's cumulative, okay. And if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
SENATOR GIANARIS:The question I then have is, in the alternating presidency scenario, would the sponsor stick by his claim that they each get the full two years credited to them? Or now since it's a cumulative number, will we just take the days on which they are serving as president for purposes of tabulating?
SENATOR GRIFFO:Mr. President, through you. I would base it on the calendar.
SENATOR GIANARIS:So just to clarify, if the sponsor would continue to yield. So assuming it was split evenly, which I haven't done the math on that recently, it would be presumably one year credited to each of them?
SENATOR GRIFFO:Mr. President, through you, I would think that at this point in time that it would be two years each. That is a term of office.
SENATOR GIANARIS:If the sponsor would continue to yield, only because I'm confused with the contradictory answers.
SENATOR GRIFFO:The sponsor yields.
SENATOR GIANARIS:If we go by the calendar, then you're tabulating the days that each of them is serving. That would seem to be one year each.
If you're just treating them as somehow sharing an office which is not allowed to be shared, then I guess it would be two years. But -- I'm just trying to get a clear answer on this.
SENATOR GRIFFO:Mr. President, through you. Senator Gianaris, I'm going to speak to the concept here. And I think it's from my perspective, and you can have lawyers look at this and we can determine it later. Because I think what we want to discuss here is philosophically do you agree with me -- and that's what I'd ask all of you today -- whether or not we should have limitations on the leaders.
Regardless of what the title is or who's holding the position and all of the nuances of any new rules that are incorporated, what do you want to accomplish today? Do you agree with me that we should have limitations on the leaders and on the chairs of this house?
I would say to you, to answer your question, Senator Gianaris -- not that it's inconsistent, but I'm trying -- I see where you're attempting to go here, but I want to discuss this particular concept. And I would say that it's for the two-year term.
Again, I will yield to counsel and let counsel, if they feel differently -- and ultimately I want to achieve something -- this is a bill that I think is timely because of the incidents that have happened. I think that all of us are disappointed and disgusted, I would hope, with things that have occurred in both houses under some of the leadership. And I think that's unfortunate, unnecessary, and I think it's got to change.
And the question to you is, do you agree or don't you agree? Regardless of some of the technical aspects, that's what we're talking about today. I am willing, ready and amenable to make any type of amendments in order to put in statute limitations on leaders and chairs of committees.
SENATOR GIANARIS:Would the sponsor continue to yield?
SENATOR GRIFFO:Yes.
SENATOR GIANARIS:Thank you.
I appreciate the sponsor's comments. And he will learn where everyone stands on this when we take a vote on it at the conclusion of this debate.
But I will also say there's a great many things that have disgusted a great many of us on both sides of the Capitol and on both sides of the aisle, including -- and which is why this line of questioning is relevant -- including a leadership structure that is preventing things from coming to the floor for a vote that have a majority support of the members in this Senate.
And so when I ask about this leadership structure and how it would be affected, I find it extremely relevant to what's going on. Because the women of this state are waiting for a vote, people who support public financing are waiting for a vote, and this hybrid leadership structure is preventing that.
So I ask whether or not this proposal would apply equally in a situation where we have a shared presidency or whether they get twice as much time under this scenario than another leader.
SENATOR GRIFFO:Mr. President, through you. Senator Gianaris, on the specifics, I believe -- and I would be willing to stand corrected if that's the case -- but I believe that it applies to the full term.
Relative to how things are being done, you need to look into your own conference and look past, in the two years that you did hold the majority, and many of the concepts and the bills that you are now saying are important and imperative never made it to the floor. Now, you had the leadership, you had the responsibility, you had the opportunity, but you did not take that.
So I don't know what happened within your conference at that particular time, whether there was discord or the inability to bring things to the floor, but in this particular instance, this bill just strictly deals with whether or not we agree conceptually that we should have limits on the titles of president and the leaders and the chairs.
SENATOR GIANARIS:If the sponsor would continue to yield. Because we've gone around in circles on this, I would just like to --
SENATOR GRIFFO:The sponsor yields.
SENATOR KLEIN:You may have answered this already, but just so I can hear one more time with clarity.
In this scenario, assuming the full two years goes the way it is now, it's your suggestion that if this were enacted, each of the leaders would get two years credited to their term?
SENATOR GRIFFO:Mr. President, through you. Correct.
SENATOR GIANARIS:And that it would be a cumulative number so if they take a break and come back, it still keeps adding up.
SENATOR GRIFFO:Mr. President, through you. Correct.
SENATOR GIANARIS:Thank you.
And if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
SENATOR GIANARIS:And I think this will be my final question.
Why is this bill drafted differently than the rules we've adopted? Whereas the rules apply consecutively, the bill seems to apply cumulatively.
SENATOR GRIFFO:Mr. President, through you. Senator Gianaris, as I indicated to you previously, I would be ready, willing and amenable to modify the bill to reflect the rules, but I'm working with a member in the other house. I think we need to have further deliberations.
But I'm also committed to the concept. I think the concept is statute over rule. It is not consecutive -- and it's not consecutive in the Senate rules either, if you'd look at them.
However, as I indicated to you, I am open and willing to have further conversation, but we need to move this forward because we need to give the opportunity for the members in the other house to express themselves and to determine whether they agree that by statute this state should move in a way where we can continue to empower members, where we continue to reinvigorate the process, and where we continue to remember and reflect on the words of Lord Acton in the 18th century. And I'm sure Senator Gianaris is aware of those comments of that leader of the U.K.
SENATOR GIANARIS:I thank the sponsor for answering my questions.
I believe we have other members that also want to debate the bill, so I will take my leave. Thank you.
ACTING PRESIDENT O'MARA:Senator Gipson.
SENATOR GIPSON:Will the sponsor yield?
ACTING PRESIDENT O'MARA:Senator Griffo, do you yield?
SENATOR GRIFFO:I yield.
SENATOR GIPSON:Mr. President, this bill is way more complicated than it needs to be. And quite frankly, I'm confused. I don't understand why the sponsor speaks about wanting to reform the process that we have here in the Senate and the Assembly, yet his bill is only directed to a very small percentage of the elected officials that actually serve here in Albany.
SENATOR LIBOUS:Mr. President, is he asking the sponsor to yield or is he speaking on the bill?
ACTING PRESIDENT O'MARA:He asked the sponsor to yield, and the sponsor yielded.
SENATOR LIBOUS:So what is his question?
SENATOR GIPSON:So my question, Mr. President, is why is the bill only directed to the leaders, those few elected officials here? Why not direct this bill towards all the elected officials in Albany?
SENATOR GRIFFO:Mr. President, through you. That's a great question, Senator.
And this particular bill is on this specific topic that we're discussing today. And as I said to you before, you have an opportunity now to voice your position on whether or not you agree that we should limit the leaders of this chamber and across in the other chamber to specific terms of offices and empower members. That's the choice that you have to make on this specific bill.
And I said to Senator Gianaris that I would be willing and entertain measures to even amend the bill because I believe that we took the right course and led by example when we put rules in the Senate that did exactly what I had advocated when I first came here, through this bill earlier on in 2007.
As to the members as a whole, I don't -- this is not the debate today. It's not the issue before the house. But I do have a piece of legislation with Senator Adams where we would impose limits upon the members. And if you think that's a good idea, you should sign onto the bill.
SENATOR GIPSON:Mr. President, I thank the sponsor for answering my question. I'd just like to speak on the bill.
ACTING PRESIDENT O'MARA:On the bill, Senator Gipson.
SENATOR GIPSON:While I commend the sponsor's efforts in trying to make some serious reform in the way we operate, I do think the bill is only a really small step and, quite frankly, it's weak. And I'm disappointed that the Majority Coalition could not come up with a stronger bill than this.
If we really want to change the way that we operate here in Albany, we have to hold all of us accountable, not just those few people that serve as our leaders. I believe that we need term limits for every single member of the Legislature.
And I too have a bill that is actually even stronger than the sponsor's bill. My bill would set term limits for every elected member in the State Senate and the Assembly to 12 years, but it would go a step further and say that the maximum amount of time that any individual could serve in Albany, no matter whether they're in the Senate or the Assembly or if they want to serve in both houses, is a total of 16 years. Now, that is what I call reform.
So if anybody here is interested in seriously changing the way that we operate here in Albany, I ask them to join me and cosponsor my bill, which will set a 16-year maximum to the time we serve in Albany, and 12 years in each house. And I appreciate your consideration of that and thank you for this time to speak on this bill.
ACTING PRESIDENT O'MARA:Seeing no other Senator wishing to be heard, the Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Diaz to explain your vote.
SENATOR DIAZ:Thank you, Mr. President.
I just would like to explain my vote by saying, ladies and gentlemen, to all of you, I don't believe in term limits. I think that the people in the different districts, in my district, should decide if they want me back or not.
However, I have an advice for those of you that believe in term limits: Resign and don't run again. If you believe in term limits, stop the nonsense. Don't run again. But leave us who don't believe in term limits alone. Don't impose on us what you want for you. Just don't run again. Go home with your family.
But me, I don't believe in term limits. So that's why I'm voting no.
ACTING PRESIDENT O'MARA:Senator Diaz to be recorded in the negative.
Senator Hoylman, do you wish to explain your vote?
SENATOR HOYLMAN:Yes, Mr. President.
I believe the bill is well intentioned, but I think the problem with our leadership in both houses isn't the length of time of their service but, in many aspects, at times is the quality of their service.
And that is reflective, I think, on opening the franchise to allow more people to run for office through comprehensive campaign finance reform, ending outside employment, and making our chambers full-time.
I'll be voting no, Mr. President.
ACTING PRESIDENT O'MARA:Senator Hoylman in the negative.
Senator Libous, do you wish to be heard?
SENATOR LIBOUS:Thank you, Mr. President. I want to explain my vote.
I want to applaud Senator Griffo for putting this legislation on the floor and codifying what's already in our rules, because I think it's important. I think one of the problems here is the length of time that leaders serve and that when you go back home and talk about it in your district, I think your colleagues will be disappointed, your constituents are going to be very disappointed if you voted against it.
And also the fact that I believe that in 2009 I believe that the Democrats, when they were in charge, had this section put in their rules late in the game after a certain thing happened.
I think it makes sense. I think that's one of the problems with Albany. I think that's a problem at local government level. And I just think that having term limits for committee chairs and leadership makes a lot of sense.
I vote aye.
ACTING PRESIDENT O'MARA:Senator Libous to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 836, those recorded in the negative are Senators Diaz, Dilan, Hoylman and Savino.
Absent from voting: Senator Squadron.
Ayes, 57. Nays, 4.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1027, by Senator Griffo, Senate Print 1294, an act to amend the General Municipal Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT O'MARA:Senator Griffo, an explanation has been requested.
SENATOR GRIFFO:Thank you, Mr. President.
The essence of this bill is we hear a lot of people discussing the concerns that we hear from local officials in school districts and in communities about the burden that is placed upon them. And many of the members then express support and sensitivity to that.
So if we're paying attention to businesses, listening to constituents and watching what takes place in local governments, the essence of this bill basically is that we would not put new mandates out without funding them.
I think if you really want -- or you believe or there may be cases where mandates have to be implemented, but you should be careful and considerate, and you should be willing and prepared to fund the mandate if you're going to impose that upon the taxpayers of this state.
Remember, the money comes from the same wallet. Whether they're at the state level or the local level, they're paying the bills, and we should be sensitive. So I believe personally that we should have a moratorium on all mandates and that the Mandate Review Council should be in a more expeditious and more substantive procedure so they can make decisions as to what's good or not good.
But ultimately what this bill does, relative to the discussion today on regulatory reform and relief, it does the same for mandate relief. We hear everybody talk about mandate relief. Let's really now do something about mandate relief. The point here simply is if you think it's a good thing and that the community should bear that burden, then we should be willing and ready to finance it.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would yield.
ACTING PRESIDENT O'MARA:Do you yield, Senator Griffo?
SENATOR GRIFFO:I do.
SENATOR KRUEGER:Does the sponsor believe he's passed any bills under his name this year that have been an unfunded mandate?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, you know, I want to change the rules. But until the rules are changed, I'll play by the existing rules.
So if there is bills that exist that may have done that, it's because that's what we're doing right now. And I'm not familiar with anything specific, but it's possible.
But more importantly is I'm committing to change. And the question is are you willing to join me in that change.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR KRUEGER:Since I don't really pass bills in this house, I'm not sure I would have a lot of trouble saying, okay, I won't pass unfunded mandates. But many of my colleagues here would have a harder time.
I respect my colleague's answer that this isn't the rules of the game, so he would like to change the rules. But he's not necessarily going to not pass bills that are unfunded mandates.
So a follow-up question, should this house pass no bills outside of the budget each year? Should we just do the budget? In the budget there are policy bills, but there is a requirement for dollars and cents to be attached. So would my colleague agree that the right way to approach this would be that no bills pass this house that have any dollar cost unless they are a budget bill?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, I bet you there are a lot of people that believe that. But as a member of the Senate, I understand that that at this point in time would not probably be practical.
But I also believe that you have an obligation and a responsibility to really carefully deliberate and make a determination on what that impact will be on the local government. And quite frankly, I don't believe that's done enough around here.
And my question to you would be do you have an objection, Senator Krueger, if you would yield, to the concept of trying to be mindful of the fact that the taxpayers are paying for all of these things, local governments and school districts continually come to us and explain the problems, and are we willing and ready and able to actually do something about that? But to say: Yes, I will look at the true impact of what that law is going to be on the community, and if there's a cost entailed with that, I would be willing and ready to support that cost? Do you agree with that?
SENATOR KRUEGER:I'm sorry. Through you, Mr. President, was the sponsor asking me a question?
SENATOR GRIFFO:I was. You were talking to staff. So I maybe can be more succinct.
ACTING PRESIDENT O'MARA:Senator Krueger, do you yield to Senator Griffo?
SENATOR KRUEGER:Yes, I will yield to Senator Griffo, Mr. President.
ACTING PRESIDENT O'MARA:Did you hear his question?
SENATOR GRIFFO:Through you, Mr. President. Again, I'll be succinct, Senator Krueger.
Don't you believe that it would be good for all of us to be very deliberative and to really be very analytical and, while we may believe that there is something good that should be done and we're requiring that to be done of the local governments, that we should take the cost into consideration and potentially say if it's that important, that we would bear that cost, not to burden that local taxpayer and tax-shift?
SENATOR KRUEGER:Through you, Mr. President. You know, I mostly do agree with my colleague. But I don't think this bill does this.
Does he have more questions for me, or may --
SENATOR GRIFFO:No, you may continue.
SENATOR KRUEGER:-- I go back to asking questions of him?
ACTING PRESIDENT O'MARA:You may proceed, Senator Krueger.
SENATOR KRUEGER:Thank you. Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT O'MARA:He does.
SENATOR KRUEGER:Thank you.
I think my colleague makes a very good point about the importance of knowing the dollars and cents when we pass legislation: Who is paying, how much, for how long. And so no disagreement there.
But my confusion with his bill -- through you, Mr. President -- is why don't we just have a bill that requires every bill that moves to the floor of this house must have a local fiscal impact note attached and certified by the agency? We don't do that now. Why shouldn't we just do that to take care of this concern?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, that's an idea worthy of examination and consideration.
SENATOR KRUEGER:Through you, Mr. President -- one moment.
Thank you. Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
SENATOR KRUEGER:Thank you.
In this legislation, which is fairly dense, who would be responsible for evaluating a bill's local fiscal cost? Because as I said before, I think we both agree we should pass bills knowing what the local fiscal costs would be that we are passing on to localities. Who would be responsible for that function under the Senator's bill?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, the bill is actually an imposition on the Legislature, so it would be within the purview and responsibility of the Legislature to make that determination.
And I would hope that both our Ways and Means or Finance staffs would have the ability to statistically denote that this is an impact and what it is, and then as a body we would have the opportunity to review that.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
SENATOR KRUEGER:So again, the sponsor answered an earlier question, "We should do that now." And now he's suggesting that his bill would require us to do what we're not doing now.
How will this bill change our behavior?
SENATOR GRIFFO:Mr. President, through you. It would be a statute.
SENATOR KRUEGER:I'm sorry, I didn't hear. Excuse me, Mr. President. If the Senator would please repeat.
SENATOR GRIFFO:Mr. President, through you. Again, Senator Krueger, this is a -- this would impose this specific requirement on the Legislature, and we would have to comply with the law.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
SENATOR KRUEGER:Thank you.
So just for me to clarify, if we passed a bill in this house on the floor and it did not have a correct fiscal note of the impact on the localities and what the cost would be for the localities, that law would be null and void? How would that work?
SENATOR GRIFFO:Mr. President, through you. As a result of the bill, if we were to be able to pass this -- and by the way, this does have an Assembly sponsor too. It is not a one-house bill. It has a majority sponsor in the Assembly -- this would be a violation, Senator Krueger, of our own actions.
So I don't believe that -- particularly under this Coalition Majority, I don't believe that that would be tolerated. And I'm sure you would agree with that, that it shouldn't be tolerated. So once it is passed, we would be violating our own laws, and I don't believe that the body would do that. I would hope not. And I can speak at least presently, I know that that would not be acceptable or allowed.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT O'MARA:Do you yield, Senator Griffo?
SENATOR GRIFFO:I yield.
SENATOR KRUEGER:Would this law supersede and require the same standards to be applied to the budget bills that we do in a group of approximately nine once a year in approximately late March, early April?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, I believe it would apply to all.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
SENATOR KRUEGER:So if this bill became law, this house and of course the other house would need to pass the same bill and then the Governor would need to approve the law. If I understand the bill correctly, any bill that passed both houses, including the budget bills, that did not lay out in very explicit detail what the costs were, how we were going to pay for it, how they were not unfunded mandates -- excuse me, just going through the bill language -- that there was clarification of what the net additional costs might be, including fees, including funding of municipal corporation mandates, there's a list of a number of different categories -- that any bill like that, including the budget bills, would be in violation of the law, so we should assume the Governor would have to veto them. Is that my understanding of how this process would work?
SENATOR GRIFFO:Mr. President, through you. I think the bill is specific as to what you can and cannot do. It would apply to all. It would deal with the fiscal offices making the determinations of the fiscal impact and whether there's a legitimate true impact that the mandate required. Not every budget bill -- some of the budget bills have funding that go along with it. If there is a mandate in the budget without funding, then it would be under this.
It's similar -- and also the bill is not -- you talk about how would you enforce it. Well, I think we're going to have to enforce it amongst ourselves. While the bill is not specific in that regard, I would think that as a law-abiding body that we would imply with the law, not be in violation of the law, and the consequence of this might be that municipalities may have the opportunity to litigate if, for instance mandates were passed without funding.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
SENATOR KRUEGER:So the locality would have to sue us to make us follow our own law, which we could do now, but we haven't passed this law yet.
Am I hearing the sponsor right, that the locality could sue the Legislature if we passed an unfunded mandate in any kind of bill, including the budget bill? Could the sponsor give me an example of where that has been done, where the Legislature is sued by a locality? I'm not familiar with that.
SENATOR GRIFFO:Mr. President, through you. Again, Senator Krueger, I say that just so that -- to answer your question previously about how would the law be enforced. I have the confidence in the current leadership of the house to abide by the rules and laws. So I don't envision a problem if we were to implement the law.
And I would hope that the Assembly would do likewise. As I said, there is a majority sponsor in the Assembly behind the bill. So should they pass the bill, I believe they would reaffirm it to that same concept.
I indicate to you only that while the bill is not specific and that we would under I hope all cases abide by the law as we have passed, that a consequence could be that municipalities could sue. Which would also be another factor to remind the Legislature to do what we all say that we believe should be done.
And the only case that I'm aware of right now where municipalities have had that opportunity is for violations of home rule.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
SENATOR KRUEGER:Thank you.
So again, as I understand the sponsor's answers, even a budget bill -- which might have some costs explained within it, but other costs not -- would be held to the obligation of the sponsor's bill requirements if it were to become law.
I'm wondering if the sponsor remembers that in this year's budget bill, I think it was in school transportation, we created a new mandate on the New York City school system to provide busing for private schools without the dollars available to do so. Does the sponsor remember that section of the budget bill?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, I want to look prospectively. I can't speak to what has been done and what should have been done, I can only talk about what needs to be done.
And if you believe as I do or if members of this body believe as I do that we're going to get serious and we are sincerely going to go beyond the rhetoric of mandate relief and really take action in order to accomplish real results and provide local governments and school districts mandate relief, then you'll support the concept.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:I do.
SENATOR KRUEGER:Thank you.
The reason for the last question, to remind everyone of that one example, was to ask the question that if this became law in future years, does the sponsor believe that no individual item in the state budget should be allowed to be included in the budget if we don't show the actual money transferring from the state to the locality? So his understanding of his bill if it became law was that the entire budget bill would be null and void under this law if it had been the law when we passed that bill?
SENATOR GRIFFO:Mr. President, through you. I'm going to look at the bill prospectively. I'm not going to look analytically. I'm telling you at this point in time -- or what was done, what could have or should have been done, Senator Krueger.
The concept here before you is whether or not you agree that if we impose a mandate, we should provide the funding with that mandate.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT O'MARA:On the bill, Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President.
I so appreciate the sponsor's answers to my questions.
It's intriguing, I admit, because I've actually long been a proponent that no bills should move through this house unless they have full fiscal notes, that it's not adequate to simply say what we predict the state's costs of a new law will be.
It's been a great frustration of mine that we play a classic game here in this Legislature. We vote to implement a law, but it's implemented, oh, I don't know the last week of a fiscal year, so there's no cost to the fiscal year because it's not going into effect until the next year even though it will be a cost year in, year out, for as long as that new law passes.
And it's been a frustration of mine and clearly of the sponsor that we don't -- it's been a -- sorry, I wasn't sure whether there was something else going on.
I think the sponsor and I both agree it's a real frustration to both of us that we pass laws all the time on the floor of this chamber with many people's names on them that pass in both houses -- might be within budgets, might be separate from budgets -- where we don't even think we have to explain the cost if the cost is being transferred to the locality or the county or the school district. It is very frustrating.
And yet we have the power and ability to stop ourselves now. We have the power and the ability in this house to say, We're not going to pass any bills that do not explicitly cost out what the new law costs and who's going to pay it, and if it's an unfunded mandate we're not passing it unless we are passing, in companion with it, the revenue stream for it. We can do that now. We don't need a law, because there's nothing stopping us from following, I think, common sense.
And so I'm frustrated that I find myself not able to vote for the bill, because I think the way it's set up it will just create a trapdoor for the Legislature with not specifically being able to do this, leaving open to question whether an entire budget bill would have to be null and void if it has any unfunded mandate sections within it, dealing with localities being expected to sue the Legislature after the fact when they determine, aha, there was a cost and you didn't pay it. Or there was a cost and you paid it in Year One but you didn't pay it in Year Two, Three and Four.
So I think the sponsor and I share the same goals. But I actually don't think this bill, if it became law, would get us there. I do think it would create a certain level of chaos between the responsibilities of the Governor and the responsibilities of the Legislature. The pricing out and anticipated actual costs being expected to be placed on our shoulders in the Legislature to get the answers when we probably would need the involvement and participation of the Division of Budget and even local counties' and municipalities' budgets.
I think it would trap us into potentially not ever being able to get a budget done on time -- and I know none of us want to face that year in, year out -- never being able to move forward with multiple-year programming because how could you guarantee you had those costs. So you'd end up having to go back into what people used to call zero-based budgeting each and every year on every imaginable law that passed the state.
And so I respect the goals. I truly do, Senator. I want the goals to be accomplished. But when I try to think through what this Legislature, what this Executive and what our state would look like if we had to go into zero-based budgeting on every single law we pass each year, over and over again, I don't think we would like what we did.
But I do agree we could do much of this right now just by starting to do the right thing today, tomorrow. I'm hoping that I don't see one bill that's an unfunded mandate come through this house -- not just, obviously, for the next two weeks, but for the year following. Let's try to do it now even without this law.
But I'll be voting no. Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Senator Stavisky on the bill.
SENATOR STAVISKY:I would ask somebody to yield.
(Laughter.)
ACTING PRESIDENT O'MARA:Senator Griffo, do you yield?
SENATOR GRIFFO:Sure.
SENATOR STAVISKY:Oh, I'm sorry, I didn't see Senator Griffo. I apologize.
Will the Senator yield for really one question?
ACTING PRESIDENT O'MARA:He yields.
SENATOR GRIFFO:Sure.
SENATOR STAVISKY:If we pass this legislation, would bullet aid be included? Since bullet aid is obviously an appropriation that up to this point has not been spelled out.
SENATOR GRIFFO:Mr. President, through you. Senator Stavisky, mandates would be required, any mandate we're putting up on a school district requiring them to spend money would be under this. Not in an area where you're providing revenue to somebody.
I mean, if you're doing -- like when you provide education funding through the education budget during the budget, that wouldn't be -- the distribution of aid and the formula that's exercised obviously would not be subject to this.
This is a requirement if you put a mandate out with a cost associated with that mandate, then there would be that implication listed and that would become problematic. Because you would have to provide the funding. If you're asking them to do something, then you would have to provide the funding to go along with it.
SENATOR STAVISKY:In other words, we're still in the dark as to where the bullet aid is going to be going.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Senator Gipson.
SENATOR GIPSON:Thank you, Mr. President. Will the sponsor yield for a question?
ACTING PRESIDENT O'MARA:Senator Griffo, will you yield?
SENATOR GRIFFO:The sponsor yields.
SENATOR GIPSON:Thank you, Mr. President.
Does the sponsor believe that without term limits that this legislative body that has for decades passed billions of dollars and billions of dollars worth of unfunded mandates, can be trusted to abide by this law if it were passed and not be tempted to quickly amend it so that we could actually go back to doing business as usual?
SENATOR GRIFFO:Mr. President, through you. Senator Gipson, you're bringing up the previous bill concept of term limits.
There's two things that you could have done. Number one, if you felt so strongly about it, you could have put a nonsponsor amendment to my bill, which you had that opportunity to do and you didn't do so. And secondly, you can join right now with Senator Adams and I on supporting term limits as a whole if you truly believe that. Because I believe it's a pretty good bipartisan bill that we've put forth.
And not everybody is going to concur with that, but each member can make that determination. And relatively to this, it's very simple, Senator Gipson. Do you believe and do you agree that if we're going to impose a mandate on a school district and on a local community that you should provide the funding, or do you believe we should just tell them to spend money and let the taxpayers pour it out of their wallet?
SENATOR GIPSON:Mr. President, I have no further questions. I'd just like to speak on the bill.
ACTING PRESIDENT O'MARA:On the bill.
SENATOR GIPSON:Thank you, Mr. President.
I actually like this bill. I commend my colleague for making the effort to finally do something about the unfunded-mandate situation that is really severely hurting our local schools and our local governments.
You know, as I travel around the district several times a week, I meet with school boards, county boards, local government boards. The first thing they want to know is, How are you going to help us deal with unfunded mandates?
Most of the tax dollars that our local governments raise are not able to be used in a discretionary way by those same local governments. We are leaving our local governments and our school boards very little room to actually do the things that they need to do. We are coming up with these ideas -- many of which are good ideas, things that need to be funded -- but we're not helping them do it. We're not giving them the tools that they need to actually pay for these needs.
I like this bill. But again, just like the term-limit bill, it doesn't go far enough. Why can't we get serious about doing real reform? Both my term-limit bill and my bill on unfunded mandates are constitutional amendments that would codify into law so that they could not be amended, they could not be changed --
SENATOR LIBOUS:Mr. President, excuse me.
ACTING PRESIDENT O'MARA:Senator Libous.
SENATOR LIBOUS:Is the Senator talking about Senator Griffo's bills or is he debating his bills? Because it would not be germane if he's debating his bills on the floor.
SENATOR GIPSON:Mr. President, I am --
ACTING PRESIDENT O'MARA:Would you keep your comments to the bill on the floor, please, Senator Gipson.
SENATOR GIPSON:Absolutely. I am talking about reforming government here and working across the aisle to deal with unfunded mandates.
I'm just pointing out that this bill is weaker than it should be. We ought to be able to do something stronger. We ought to be able to pass a constitutional amendment that says that we cannot send down any unfunded mandates, ever, without figuring out how they're paid for.
I have a bill that will do that. I have a bill that will take care of all the control and oversight that we're debating right now. And I don't understand why that bill hasn't come to the floor.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Seeing no other Senator wishing to be heard, the Secretary will ring the bell.
The Secretary will read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Flanagan to explain your vote.
SENATOR FLANAGAN:Yes, Mr. President, thank you.
I want to compliment Senator Griffo. I think this is an excellent bill. There are a lot of very good things in here. And I want to focus on a couple of very quick things.
I was just saying to Senator Lanza I think it was Ronald Reagan said that "Nine of the scariest words that people can hear are that 'I'm from the government and I'm here to help.'"
Well, in Albany when we look at statutes, the parallel is the end of the statute when it says "The commissioner shall promulgate rules and regulations in accordance with this act." That's where we find a lot of the problems we have today. If you look at education, a lot of the mandates come from the Board of Regents and SED.
And Senator Krueger spoke to the practical difficulties of this bill and how it's hard to do. And some people said it doesn't go far enough. It is hard to do. And that's exactly why we should be doing it. We haven't done this enough. The Mandate Relief Council has not done enough of its work.
The New York State Senate has done far more than the Assembly, and this pushes the envelope. This forces us to a take a look that we should be doing all the time, but this deals with the fourth branch of government. And that are our state agencies who implement all these regulations, oftentimes at odds with what the legislative statute says and what the legislative intent is or was.
So this is a very good debate. This is exactly what we can be talking about. Because when schools are looking for help, if we don't have this discussion, we're tying their hands in ways that are completely unnecessary. And we are trying to fund education as much as possible.
But this is an excellent bill, Senator Griffo, and I fully support it.
ACTING PRESIDENT O'MARA:Senator Flanagan to be recorded in the affirmative.
Senator Gipson to explain your vote.
SENATOR GIPSON:Through you, Mr. President.
Again, I support this bill, but my concern is that it's a stopgap measure that just doesn't go as far as I think it needs to go. It's a statute that can be overturned, it can be amended. And my concern is that as the years go on, that will happen, and we'll be right back to where we started.
If we want to be serious about helping our local governments and our schools, we need to pass a constitutional amendment -- which I have a bill that does just that -- that says that we will not be allowed ever again to pass any unfunded mandate until we know how it's going to be paid for. That's the way we go about really reforming government.
I'm sorry if my comments irritate Mr. Libous, but I'm just trying to help the other side pass stronger bills. A constitutional amendment for unfunded mandates will solve this problem once and for all.
And I appreciate this time to speak, and I do vote yes on this bill.
ACTING PRESIDENT O'MARA:Senator Gipson to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1027, those recorded in the negative are Senators Avella, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Rivera and Serrano.
Absent from voting: Senators Bonacic and Squadron.
Ayes, 51. Nays, 9.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1030, by Senator Seward, Senate Print 3462, Concurrent Resolution of the Senate and Assembly.
SENATOR KRUEGER:On the resolution.
ACTING PRESIDENT O'MARA:Senator Krueger on the resolution.
SENATOR KRUEGER:Thank you, Mr. President.
So I don't need an explanation of this bill, because I get it. It has three smokestacks from the Environmental Advocates of New York. This bill would actually change the constitution to say any regulation established by the government of the State of New York that we in our wisdom in both houses decided was not within the original intent of the legislation, we could override.
I have to tell you, besides all of the giant litigation that would be opened up, from laws on our books throughout the history of the state to laws passed by this Senate under Republican control for the last 50 years, that we could actually create literally total havoc for businesses and communities in the State of New York.
We would be challenging the constitutional role of the Executive, the separation of our role as the Legislature and the executive branch. We would be opening up somehow to our authority to determine we know better than courts that have decided, we know better than the experts in the agencies that we hire, and that we know better than the common practice in the State of New York.
I guess the good news for me in proudly saying I will be voting no is I do not believe our constitution will be changed at any time in the near future that would allow the Legislature to after the fact simply decide they don't like this regulation, they're going to overturn it.
Now, we can play a legislature. We can overturn law. If this house says we don't like clean air, let's get rid of the clean air bills, we can do that. I don't agree, but we can vote to end laws.
But for us to summarily attempt to undo an entire process of democracy by saying we will overturn regulations, judicial orders, laws and practices of the State of New York is -- I don't know, is one of more ridiculous things, with all due respect, that I've seen on the floor of this house in the 11 years I've been here.
I'll be voting no. I urge everyone to vote no. Thank you.
ACTING PRESIDENT O'MARA:Seeing no other Senator wishing to be heard, debate is closed.
Ring the bells, Mr. Secretary.
The Secretary will call the roll on the Concurrent Resolution.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Seward to explain your vote.
SENATOR SEWARD:Thank you, Mr. President.
You know, many of us have been here long enough to witness over the years situations when this Legislature has in fact enacted legislation, made it law, and then the particular state agency involved has promulgated rules and regulations which many times go far and wide away from the original legislative intent or the regulations prove to be very onerous financially, either on the state or local governments or other New Yorkers.
This legislation, this constitutional amendment puts the Legislature back in the game of reining in the state agencies. Let's face it, let's be accountable. We're the elected officials by the people of the state, not the state agency personnel. And it seems to me that it's important for us to reassert our roles as lawmakers and exert some genuine and robust oversight over the state agencies, particularly as it relates to their rules and regulations that come out of those agencies.
This constitutional amendment passed overwhelmingly with bipartisan support two years ago, and I hope it will again this evening. I vote aye.
ACTING PRESIDENT O'MARA:Senator Seward to be recorded in the affirmative.
The Secretary will announce the results.
THE SECRETARY:In relation to Calendar Number 1030, those recorded in the negative are Senators Adams, Avella, Gianaris, Gipson, Hoylman, Krueger, LaValle, Marcellino, Montgomery, Parker, Rivera, Sanders, Serrano, Stavisky, Tkaczyk. Also Senator Hassell-Thompson. Also Senator Perkins. Also Senator Espaillat.
Absent from voting: Senators Bonacic and Squadron.
Ayes, 42. Nays, 18.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1032, by Senator Marchione, Senate Print 5161, an act to amend the Legislative Law.
ACTING PRESIDENT O'MARA:Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President.
In respect for my Italian-American colleagues, I have been given permission to speak briefly on all the other bills that I have concerns with tonight.
SENATOR LIBOUS:Without objection.
(Laughter.)
SENATOR KRUEGER:Without objection.
ACTING PRESIDENT O'MARA:Senator Krueger on the remaining bills.
SENATOR KRUEGER:Thank you, Mr. President.
So the bill we're officially on is Calendar Number 1032, additional documentation provided for the ARRC commission.
In a nutshell, this would open up the Executive to endless litigation. It even adds a section to the existing ARRC that would allow a different vote pattern of the commission as to whether there are Democrats or Republicans in control of either or both houses.
I thought I had never seen anything so strange as to have different rules for commissions to vote based on who's in charge of a house, but then we lived through JCOPE, so I discovered, oh, this is a pattern in New York State law. It's a bad model for legislation. Frankly, we should go back to scratch on this one.
Continuing on to 5166, relating to repealing unnecessary or otherwise burdensome rules and regulations, a fascinating proposal to order the state agencies each and every year to review all their regulations, come up with a list to give to the Governor, and then the Governor must repeal 1,000 regulations.
Well, first off, we won't get anything else done because the state agencies will do that every year. And again, I think by Year 3, when we've gotten rid of 3,000 regulations we'll be asked to pass a whole bunch of new laws so we can have new regulations so the agencies have something to do to repeal them the year after.
This is not the approach we ought to be taking if we think we're not handling law, rules or regulations correctly. There are critical reasons for us to have rules and regulations. And to arbitrarily say let's take a look at them every year and throw out a thousand -- again, an interesting try but I must urge a no vote on that as well.
Oh, there are so many memos of opposition: Common Cause, Riverkeeper, NYPIRG, Environmental Advocates. You can read their memos of opposition. They make much more articulate arguments than I am right now.
Then we have a state task force on rules and regulations. I thought we were creating so many rules and regulations on how to get rules and regulations off the books from earlier bills, I really don't know why we need this task force for the review of rules and regulations. After all, if we passed the last bill, we've got a thousand down every year already.
Then we have an additional bill, Senator Gallivan, S567. Just in case there were any rules that we hadn't already gotten rid of or anything we hadn't already changed through the State Administrative Procedure Act, this would give us another task force to evaluate that one.
So with all due respect, Mr. President, I can't accept voting yes on any of these bills. I understand the frustrations of my colleagues. This isn't going to solve those problems for our communities, for our businesses, or for ensuring that we do our jobs and protect the people of New York State by passing the right laws, rational laws, and letting government agencies do what they are supposed to do with their time instead of the busywork of changing and getting rid of and task forcing every discussion.
I hope my colleagues will join me in voting no for the remaining bills this evening. And I also wish whoever is going to Italian-American night a lovely evening ahead.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Thank you, Senator Krueger.
Seeing no other Senator wishing to be heard, the Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Announce the results.
THE SECRETARY:In relation to Calendar Number 1032, those recorded in the negative are Senators Adams, Addabbo, Avella, Breslin, Dilan, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Latimer, LaValle, Montgomery, Parker, Perkins, Rivera, Sanders, Savino, Serrano, Stavisky and Stewart-Cousins.
Absent from voting: Senators Bonacic and Squadron.
Ayes, 39. Nays, 21.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Excuse me, Senator Savino in the affirmative.
Ayes, 40. Nays, 20.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator Maziarz.
SENATOR MAZIARZ:Thank you, Mr. President.
On unanimous consent, we'd like to restore the remaining controversial bills to the noncontroversial calendar.
ACTING PRESIDENT O'MARA:So ordered.
SENATOR MAZIARZ:Thank you, Mr. President.
Can we now have a reading of the noncontroversial calendar.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Calendar Number 1033, by Senator Marchione, Senate Print 5166, an act relating to rules and regulations of the state.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Marchione to explain your vote.
SENATOR MARCHIONE:Yes, Mr. President, thank you.
First of all, I just want to clarify some of what Senator Krueger was stating. This bill does not require that this review is done on a yearly basis. But this legislation actually sets out goals and objectives for different sections of state agencies reviewing a comprehensive list by a certain date, which was August 31st of this year, and then going on to Economic Development, and then going on to the Governor. And then certainly by April having the Governor to require to repeal at least a thousand regulations. So it's not a yearly venture.
It's about time that we take a look at our regulations. Here's some statistics why we should. You know, state agencies issue approximately 300 new rules and regulations annually. New York codes of rules and regulations consist currently of 140 pages of regulations. Laid end to end, all those pages would stretch more than 12 miles. Twelve miles is almost enough for me to drive from here in Albany to my home in Halfmoon.
Our state sea of endless rules, regulations and red tape hurts taxpayers, drives away job creators, makes New York much less economically competitive with other states, and makes New York much less attractive to companies looking where to invest and create jobs. It's critical when we have hundreds of thousands of unemployed New Yorkers who are hurting.
You don't have to take my word for it. The Tax Foundation says New York State has America's worst business tax climate. The Mercatus Center at George Mason University states New York State has the nation's least amount of economic freedom. And according to the Chief magazine, New York State ranks 49th, second worst in the country, for best and worst states for business.
Why are we looking at our regulations, ladies and gentlemen? Because it's about time. And it's absolutely necessary. If we want New York State to be truly open for business, it's about time we do something about the regulations in this state and the unfunded mandates.
I vote aye.
ACTING PRESIDENT O'MARA:Senator Marchione in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1033, those recorded in the negative are Senators Adams, Addabbo, Avella, Breslin, Espaillat, Gianaris, Gipson, Hannon, Hassell-Thompson, Hoylman, Krueger, LaValle, Montgomery, Parker, Perkins, Rivera, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins and Tkaczyk.
Ayes, 39. Nays, 23.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1036, by Senator Griffo, Senate Print 5519A, an act to amend the Executive Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Avella and Squadron recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:With respect to Calendar Number 1038, Senator Valesky moves to discharge, from the Committee on Rules, Assembly Bill Number 487A and substitute it for the identical Senate Bill Number 5553, Third Reading Calendar 1038.
ACTING PRESIDENT O'MARA:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1038, by Member of the Assembly Magnarelli, Assembly Print 487A, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of September.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1038, those recorded in the negative are Senators Adams, Hassell-Thompson, Krueger, Montgomery, Perkins, Rivera, Sanders, Serrano and Squadron.
Ayes, 53. Nays, 9.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1040, by Senator Gallivan, Senate Print 5657, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 1040, those recorded in the negative are Senators Adams, Avella, Espaillat, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins, Rivera, Serrano and Squadron.
Ayes, 51. Nays, 11.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator Maziarz, that completes the reading of the noncontroversial calendar.
SENATOR MAZIARZ:Thank you very much, Mr. President.
Can we now return to motions.
ACTING PRESIDENT O'MARA:Returning to motions and resolutions.
Senator Maziarz.
SENATOR MAZIARZ:On page 51, I offer the following amendments to Calendar Number 798, Senate Print Number 4625, on behalf of Senator Young.
ACTING PRESIDENT O'MARA:The amendments are received and adopted.
SENATOR MAZIARZ:Mr. President, behalf of Senator Young, on page 42 I offer the following amendments to Calendar Number 543, Senate Print Number 4399, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received and adopted, and the bill retains its place on the Third Reading Calendar.
SENATOR MAZIARZ:Thank you very much, Mr. President.
Is there any further business to come before the Senate?
ACTING PRESIDENT O'MARA:There is no further business.
SENATOR MAZIARZ:All right, I move that we adjourn until tomorrow at 11:00 a.m., tomorrow being June the 11th.
ACTING PRESIDENT O'MARA:On motion, the Senate stands adjourned until Tuesday, June 11th, at 11:00 a.m.
(Whereupon, at 7:12 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.