Gaveled in 12:27 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 12, 2013
12:27 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, I ask all present to please bow their heads in a moment of silent prayer and reflection.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
The Secretary will read.
THE SECRETARY:In Senate, Tuesday, June 11th, the Senate met pursuant to adjournment. The Journal of Monday, June 10th, 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 10, Senator Stewart-Cousins moves to discharge, from the Committee on Local Government, Assembly Bill Number 3157 and substitute it for the identical Senate Bill Number 3020, Third Reading Calendar 234.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 15, Senator Golden moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 5576B and substitute it for the identical Senate Bill Number 4257B, Third Reading Calendar 382.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 48, Senator Carlucci moves to discharge, from the Committee on Local Government, Assembly Bill Number 5676 and substitute it for the identical Senate Bill Number 4974, Third Reading Calendar 1057.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 49, Senator Parker moves to discharge, from the Committee on Energy and Telecommunications, Assembly Bill Number 6381A and substitute it for the identical Senate Bill Number 4442A, Third Reading Calendar 1079.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 52, Senator Carlucci moves to discharge, from the Committee on Mental Health and Developmental Disabilities, Assembly Bill Number 6992A and substitute it for the identical Senate Bill Number 5098A, Third Reading Calendar 1134.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 54, Senator Nozzolio moves to discharge, from the Committee on Codes, Assembly Bill Number 7182 and substitute it for the identical Senate Bill Number 4485, Third Reading Calendar 1159.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
Could I have some order in the house, please.
THE SECRETARY:On page 56, Senator Larkin moves to discharge, from the Committee on Finance, Assembly Bill Number 2316B and substitute it for the identical Senate Bill Number 270B, Third Reading Calendar 1216.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 58, Senator Ball moves to discharge, from the Committee on Veterans, Homeland Security and Military Affairs, Assembly Bill Number 5890 and substitute it for the identical Senate Bill Number 2574, Third Reading Calendar 1241.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:And on page 63, Senator Bonacic moves to discharge, from the Committee on Racing, Gaming and Wagering, Assembly Bill Number 6939 and substitute it for the identical Senate Bill Number 4750, Third Reading Calendar 1284.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports of state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, on behalf of Senator Golden, I wish to call up Senate Print Number 2098, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 194, by Senator Golden, Senate Print 2098, an act to amend the Penal Law.
SENATOR FUSCHILLO:I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
SENATOR FUSCHILLO:I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR FUSCHILLO:On behalf of Senator Fuschillo, I wish to call up my bill, Senate Print Number 780, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 76, by Senator Fuschillo, Senate Print 780, an act to authorize.
SENATOR FUSCHILLO:I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
SENATOR FUSCHILLO:I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
May I have some order in the chamber, please.
SENATOR FUSCHILLO:On behalf of Senator Skelos, I wish to call up Senate Print Number 4295, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 494, by Senator Skelos, Senate Print 4295, an act to authorize.
SENATOR FUSCHILLO:I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
SENATOR FUSCHILLO:I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR FUSCHILLO:On behalf of Senator Klein, I wish to call up Senate Print Number 4101, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 401, Senator Klein, Senate Print 4101, an act to amend the Alcoholic Beverage Control Law.
SENATOR FUSCHILLO: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, 57.
SENATOR FUSCHILLO:I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR FUSCHILLO:On behalf of Senator Felder, on page number 50 I offer the following amendments to Calendar Number 1097, Senate Print Number 5068, and ask that said bill retain its place on the order of Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR FUSCHILLO:On behalf of Senator Maziarz, on page number 11 I offer the following amendments to Calendar Number 282, Senate Print Number 1184, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR FUSCHILLO:On behalf of Senator Grisanti, on page number 59 I offer the following amendments to Calendar Number 1251, Senate Print Number 3537B, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR FUSCHILLO:On behalf of Senator Flanagan, on page number 63 I offer the following amendments to Calendar Number 1290, Senate Print Number 5253, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are also received, and the bill shall retain its place on third reading.
Senator Fuschillo.
SENATOR FUSCHILLO:Will you please recognize Senator Gianaris.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Mr. President, on behalf of Senator Kennedy, on page 46 I offer the following amendments to Calendar Number 1035, Senate Print 5441, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR GIANARIS:On behalf of Senator Montgomery, on page 56 I offer the following amendments to Calendar Number 1222, Senate Print 1410, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR GIANARIS:And on behalf of the Reverend Senator Diaz, on page 7 I offer the following amendments to Calendar Number 143, Senate Print 311, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are accepted, and the bill shall retain its place on third reading.
Senator Fuschillo.
SENATOR FUSCHILLO:Mr. President, there will be an immediate meeting of the Veterans, Homeland Security and Military Affairs Committee in Room 332, followed by a meeting of the Finance Committee in Room 332.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Veterans, Homeland Security and Military Affairs Committee, followed by the Finance Committee, in Room 332.
SENATOR FUSCHILLO:The Senate will stand at ease.
ACTING PRESIDENT GRIFFO:The Senate stands at ease.
(Whereupon, the Senate stood at ease at 12:34 p.m.)
(Whereupon, the Senate reconvened at 1:03 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, could we please return to reports of standing committees.
ACTING PRESIDENT GRIFFO:We will return to reports of standing committees.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, we have a nomination that was approved by both --
ACTING PRESIDENT GRIFFO:We have a report of the Finance Committee.
The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination:
Harry E. Miller, Jr., of Nashua, New Hampshire, as Major General.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, I would stand here and very proudly move the nomination -- actually, the motion for the promotion of the Governor's assistant adjutant general, Harry E. Miller, Jr., for his promotion to the grade of major general.
He appeared before the Finance Committee, was unanimously approved, as well as unanimous approval at the Veterans Committee.
And I'd ask you to please recognize Senator Ball.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
Senator Ball.
SENATOR BALL:Well, General, it's a pleasure to have the opportunity to introduce you here to the full Senate.
And I promise to be brief and be seated, as I learned at the United States Air Force Academy. But I think it's important to just quickly reflect on the biography of General Miller.
General Miller received his commission in May 1980 from ROTC, Washington Jefferson College. After he received his commission as a second lieutenant, he served on active duty for over 12 years with assignments in the 1st Armored Division, the 82nd Airborne and 1st Special Forces Group.
General Miller has served two combat tours in support of Operation Iraqi Freedom. During the first tour, he was assigned to the Iraqi Assistance Group as a senior advisor to Iraqi security forces along the Iraq-Iran border. During the second tour, he served with the 5th Special Forces Group in a combined Joint Special Operations Task Force, Arabian Peninsula, as a senior advisor to the multinational corps.
He most recently serves as the Senior Commander of Fort Drum and the 10th Mountain Division.
So point-blank, General Miller is a hero. General Miller has -- I often refer to my time in the United States military, the United States Air Force, that the worst combat I ever saw was probably at a cocktail party at 2 o'clock in the morning in Washington, D.C. This man has been through and has led troops through things that would break most of us, including me.
We have an enormous debt to bear to your career, to the sacrifice, and to your family. Because we know that while you put on that uniform, your family lives not knowing every day whether you're going to return from those assignments.
I thank you from the bottom of my heart, and I ask that you continue the great tradition of leading men and women all across this country whose moms and dads put full faith in knowing that you are doing the right job at keeping them safe.
God bless you, and Godspeed.
ACTING PRESIDENT GRIFFO:Thank you, Senator Ball.
The motion has been made by Senator DeFrancisco.
The question is on the nomination of Harry E. Miller Jr., for promotion to the grade of major general to the Division of Military and Naval Affairs. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:Harry E. Miller, Jr., is hereby confirmed for promotion to the grade of major general to the Division of Military and Naval Affairs.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:General Miller, thank you for your service, and our best wishes.
Senator Maziarz. We have revolving chairs.
SENATOR MAZIARZ:Mr. President, would you please recognize Senator Valesky for a motion.
ACTING PRESIDENT GRIFFO:Returning to motions and resolutions.
Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Savino, on page 47 I offer the following amendments to Calendar Number 1042, Senate Bill 5397, 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 VALESKY:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Maziarz.
SENATOR MAZIARZ:Thank you very much, Mr. President.
On behalf of Senator Martins, I wish to call up Senate Print Number 5024A, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 759, by Senator Martins, Senate Print 5024A, an act in relation to allowing.
SENATOR MAZIARZ:Mr. President, I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
SENATOR MAZIARZ:Mr. President, I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR MAZIARZ:Mr. President, on behalf of Senator Boyle, on page number 50 I offer the following amendments to Calendar Number 1102, Senate Print Number 5599A, 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 Maziarz.
SENATOR MAZIARZ:Thank you very much, Mr. President.
Can we now take up the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 234, substituted earlier by Member of the Assembly Pretlow, Assembly Print 3157, an act to amend the Local Finance Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 382, substituted earlier today by Member of the Assembly Markey, Assembly Print 5576B, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect July 1, 2013.
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 827, by Senator O'Brien, Senate Print 3516, 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 September 1, 2014.
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 843, by Senator Zeldin, Senate Print 5529A, 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.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 954, by Senator Savino, Senate Print 5486, an act to amend the Labor 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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 978, by Senator Savino, Senate Print 5342, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Hassell-Thompson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1010, by Senator Klein, Senate Print 5407, an act to direct.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Griffo recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1057, substituted earlier by Member of the Assembly Jaffee, Assembly Print Number 5676, an act to authorize.
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, 58. Nays, 3. Senators Bonacic, Larkin and O'Mara recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1079, substituted earlier by Member of the Assembly Crespo, Assembly Print Number 6381A, an act to amend the Public Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1129, by Senator Farley, Senate Print 2933, an act to amend the Banking Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1129: Ayes, 60. Nays, 1. Senator Sanders recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1130, by Senator Farley, Senate Print 3832, an act to amend the Banking Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1131, by Senator Peralta, Senate Print 3930, an act to amend the Banking 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.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Griffo recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1134, substituted earlier by Member of the Assembly Gunther, Assembly Print Number 6992A, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1139, by Senator Lanza, Senate Print 3606, an act to amend the General Business 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. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1147, by Senator DeFrancisco, Senate Print 2789, an act to amend the Election Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1151, by Senator Lanza, Senate Print 2468, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. 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. Nays, 2. Senators Krueger and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1155, by Senator Lanza, Senate Print 3847, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 2. Senators Marchione and Parker recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1157, by Senator Savino, Senate Print 3969, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Lanza recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1158, by Senator Lanza, Senate Print 4156, 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, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1158: Ayes, 60. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1159, substituted earlier by Member of the Assembly Mosley, Assembly Print Number 7182, 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, 60. Nays, 1. Senator Gipson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1160, by Senator Gallivan, Senate Print 4772, 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, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1162, by Senator Gallivan, Senate Print 4985, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1162, those recorded in the negative are Senators Krueger, Montgomery, Rivera and Sanders.
Ayes, 57. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1169 is on second report. The bill is laid aside for the day, and the Secretary will go to Calendar Number 1214.
THE SECRETARY:Calendar Number 1214, by Senator Gallivan, Senate Print 89, 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 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1215, by Senator Gallivan, Senate Print 109, an act to amend the Civil Service 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.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Hassell-Thompson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1216, substituted earlier by Member of the Assembly Gunther, Assembly Print Number 2316B, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Valesky to explain his vote.
SENATOR VALESKY:Thank you, Mr. President.
I just want to take just a moment and thank Senator Larkin for bringing this bill forward.
This is an important issue. The Assembly has already passed this measure. This will save the lives of many babies across the state by requiring a relatively simple test that checks for oxygen levels in infants' blood.
I had an opportunity to visit with some of my constituents a couple of days ago, a young 18 month old whose life was saved because of the efforts of a nurse who had suggested that this test be done before he left the hospital.
This bill would make sure that before all infants leave the hospital, a pulse oximetry test would be performed. I recommend a yes vote on the part of all of my colleagues and again thank Senator Larkin for his sponsorship.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Valesky will be recorded in the affirmative.
Senator Larkin to explain his vote.
SENATOR LARKIN:Thank you very much, Mr. President.
You know, this is a tremendous day for us here in the State of New York. We will soon join -- we'll be the 11th state in the nation who have put this bill into being.
You know, if you were here the other day, where Senator Valesky was there, Senator John DeFrancisco and I and the leader met. And when you start to see and listen to these people who talk about their child that was just inside the bed and turned over and somebody died. Some of these children have been born and five hours later they were in open-heart surgery.
And when you start to think about this, this is a cost of a dollar a test. It doesn't have to be by a doctor, it can be by a nurse. When you start to see the procedures and start to see these children who had this test and how they're looking today, you start to wonder about what have we been wasting years for.
This has passed this house about four times. Now we have a bill that's passing in both houses. And we're going to say to the rest of the country, Get on board, follow New York.
ACTING PRESIDENT GRIFFO:Senator Larkin to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1217, by Senator Grisanti, Senate Print 696B, an act to amend the General Business 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.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1219, by Senator Bonacic, Senate Print 882, an act to amend the Mental Hygiene 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, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1221, by Senator Maziarz, Senate Print 1051, 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.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1222 is high; it's been amended today. The Secretary will go to Calendar Number 1223 and read.
THE SECRETARY:Calendar Number 1223, by Senator Marcellino, Senate Print 1486, 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:Senator Gipson to explain his vote.
SENATOR GIPSON:Thank you, Mr. President.
The school districts in my district are begging me not to send back any unfunded mandates. This bill creates a new reporting requirement that has no method of funding. It is an unfunded mandate, and I will be voting no.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Gipson to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 59. Nays, 2. Senators Ball and Gipson recorded in the negative. Also Senator Marchione. Also Senator Maziarz.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 1223, those recorded in the negative are Senators Ball, DeFrancisco, Farley, Gipson, Griffo, Lanza, Marchione, Maziarz and Seward. Also Senator Larkin. Also Senator Kennedy. Also Senator Robach. Also Senator Sanders.
ACTING PRESIDENT GRIFFO:Results.
(Laughter.)
ACTING PRESIDENT GRIFFO:We're going to have to go for a show of hands. All those opposed to Calendar Number 1223 please raise raising your hands voting in the negative.
SENATOR MAZIARZ:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Maziarz.
SENATOR MAZIARZ:Will you withdraw the roll call and lay the bill aside for the day.
ACTING PRESIDENT GRIFFO:The roll call is withdrawn, and the bill will be laid aside for the day.
Calendar Number 1224.
THE SECRETARY:Calendar Number 1224, by Senator Zeldin, Senate Print 1689, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect October 1, 2013.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
SENATOR GIANARIS:Mr. President, I'm sorry, which bill are we on right now?
ACTING PRESIDENT GRIFFO:We are on Calendar Number 1224, Senate Bill 1689, Senator Gianaris.
SENATOR GIANARIS:Thank you.
THE SECRETARY:Ayes, 59. Nays, 2. Senators DeFrancisco and Griffo recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1225, by Senator Gallivan, Senate Print 1699B, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 12. 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 1225, those recorded in the negative are Senators Espaillat, Gianaris, Hassell-Thompson, Hoylman, LaValle, Marchione, Montgomery, Peralta, Serrano, Squadron, Stavisky and Stewart-Cousins.
Ayes, 49. Nays, 12.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1226, by Senator Skelos, Senate Print 1904, an act to amend the Family Court Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 10. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 2. Senators Dilan and Gipson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1229, by Senator Robach, Senate Print 1978, 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.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1230, by Senator Bonacic, Senate Print 2016, 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 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1231, by Senator Farley, Senate Print 2018A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of September.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1232, by Senator LaValle, Senate Print 2021, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect September 1, 2013.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 1232, those recorded in the negative are Senators Diaz, Espaillat, Hassell-Thompson, Krueger and Montgomery.
Ayes, 56. Nays, 5.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1233, by Senator Latimer, Senate Print 2054, an act to amend the State Finance Law.
SENATOR DeFRANCISCO: Please lay the bill aside.
ACTING PRESIDENT GRIFFO:Lay it aside.
THE SECRETARY:Calendar Number 1235, by Senator Golden, Senate Print 2095A, an act to establish.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1236, by Senator Ritchie, Senate Print 2115, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1237, by Senator Golden, Senate Print 2243, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1239, by Senator DeFrancisco, Senate Print 2314, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect six months after it shall have become law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1240, by Senator Klein, Senate Print 2377A, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1241, substituted earlier by Member of the Assembly Ortiz, Assembly Print Number 5890, an act to amend the Military Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1242, by Senator Young, Senate Print 2625, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 16. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 2. Senators Hassell-Thompson and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1243, by Senator Young, Senate Print 2710, an act to amend the Tax Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1245, by Senator Ball, Senate Print 2803A, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Ball to explain his vote.
One second, please. Can I have some order in the house, please.
Senator Ball.
SENATOR BALL:Just briefly, I think in my short almost eight years in Albany, it's amazing how tough it is to get even good things done and how much misinformation there is out there about, you know, good projects and good works.
This is a piece of legislation that actually passed in a different form through the Assembly and through the Senate, I believe both unanimously. They were carried in both of those houses and were successful previously.
This program simply matches the federal program, the set-aside for service- disabled veterans. In no way does this compete with minority- or women-owned businesses or the very important programs that have been set up for those entities.
And it needs to be absolutely certain that we have bent over backwards to make sure in the legislation that this program for service-disabled veterans does not compete. This program will not compete in any way with the minority- and women-owned businesses in this state. But it will allow opportunities for service-disabled vets returning from places to create jobs and to find meaningful employment in this state.
This is an absolutely critical piece of legislation. Over 30 other states have already done this. And it would be an absolute shame if we allowed politics in any way to stop us from moving forward, especially with the amount of work that has been put into this to realize the concerns, the valid concerns of those that have been brought forward.
So please join me and let's make sure that this gets done in the Assembly as well this year. Thank you.
ACTING PRESIDENT GRIFFO:Senator Ball will be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1245, those recorded in the negative are Senators Espaillat and Hassell-Thompson.
Ayes, 59. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1246, by Senator Farley, Senate Print 2856B, 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.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1247, by Senator Farley, Senate Print 2857A, 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.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1248, by Senator Hannon, Senate Print 2948, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1249, by Senator Hannon, Senate Print 2949, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1252, by Senator Seward, Senate Print 3572, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect September 1, 2013.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1253, by Senator Robach, Senate Print 3582, an act to amend the Correction 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:In relation to Calendar Number 1253: Ayes, 59. Nays, 2. Senators Gipson and Hassell-Thompson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1254, by Senator Golden, Senate Print 3633, an act to amend the Public Authorities 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, 58. Nays, 3. Senators Ball, Gipson and Marchione recorded in the negative. Also Senator Griffo.
ACTING PRESIDENT GRIFFO:Results.
THE SECRETARY:Ayes, 57. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1255, by Senator LaValle, Senate Print 3643, an act to amend the General Municipal Law.
SENATOR MAZIARZ:Lay the bill aside for the day, please.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1256, by Senator LaValle, Senate Print 3651, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1257, by Senator Savino, Senate Print 3682, an act to amend the Tax 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, 57. Nays, 4. Senators Diaz, Espaillat, Krueger and LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1258, by Senator Savino, Senate Print 3683, an act to amend the Tax 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, 58. Nays, 3. Senators Diaz, Espaillat and Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1259, by Senator Robach, Senate Print 3770, an act to amend the State Finance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1261, by Senator Ranzenhofer, Senate Print 3797, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR MAZIARZ:Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1262, by Senator Golden, Senate Print 3837, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1264, by Senator Grisanti, Senate Print 3956B, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Grisanti to explain his vote.
SENATOR GRISANTI:Yes, thank you, Mr. President, briefly.
My fellow colleagues, this legislation, if you haven't heard about it or understand what it's about, it has to do with tax credits for visitability. Anybody know what that is? I'm going to tell you. Do you know what that is? All right.
Visitability is the concept of building a home so that an individual with a physical disability is able to stay in the house. That's what it has to do with. The disability could be for individuals with a disability or the elderly who find themselves unable to live in a home without modifications.
So by providing this type of legislation, it gives individuals with the opportunity to age in place. This would allow them to remain in their homes longer than possible, opposed to the costs associated with assisted living or nursing homes.
So specifically this bill allows for a credit, not to exceed a certain amount, towards a credit of a new home or for a renovated principal residence, maximum credit of 50 percent of the amount expended.
It's a very good bill. I urge my colleagues to vote for it. It allows people that are aging or people with disabilities to stay in the home rather than being pushed out of their home. And I urge you to tell your Assemblymembers to vote for it also.
I vote aye, Mr. President. Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Grisanti to be recorded in the affirmative.
Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: It also has another component, and that basically is making the house capable of allowing people with handicap conditions to visit another individual. It might not be the person in the home that's handicapped, but to allow handicapped people free access to other homes.
And it's perfect for a tax credit because if someone wants to make their home accessible to those who visit them -- thence, visitability -- they will get a credit for their efforts.
Thank you.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1265, by Senator Lanza, Senate Print 3976, 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 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1266, by Senator Lanza, Senate Print 3983, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1267, by Senator Flanagan, Senate Print 4008, an act to amend the Education 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, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1269, by Senator Ritchie, Senate Print 4061, an act to amend the State Finance 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.)
ACTING PRESIDENT GRIFFO:Senator Espaillat to explain his vote.
SENATOR ESPAILLAT:Thank you, Mr. President.
Once again, as we near the end of this session, we continue to approve legislation to assist agricultural businesses across the State of New York. There have been dozens of bills that have been passed this legislative session providing an array of benefits and privileges to this industry that continues systematically to treat farmworkers in an inhumane manner by not allowing them to have a day of rest, by not paying them overtime, by also not having any type of disability benefits when they get hurt in this very gruesome, sometimes, type of work. They don't have any type of benefits.
And this is really a dire situation that thousands of farmworkers across the State of New York are facing.
So I will be again voting in the negative on this particular bill and other bills that come before us assisting this great industry that provides a great service for our state but continues to mistreat its workers. I'll be voting in the negative, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Espaillat to be recorded in the negative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
With respect for my colleague's concerns about workers' rights, which I don't disagree with him on, I wanted to stand up to thank Senator Ritchie for moving this bill through to the floor and hopefully into law this year, because in fact what it will do is to help us understand what foods are available to be purchased from a local perspective to help expand sustainability of our farming practices throughout the state to ensure that New York State's government and all New Yorkers can improve their access to healthy, locally grown food.
And so I am very glad that we are moving this bill on the floor today. Thank you, Mr. President. I'll be voting yes.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1270, by Senator DeFrancisco, Senate Print 4097A, 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.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1271, by Senator Lanza, Senate Print 4143, an act to establish.
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. Nays, 1. Senator Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1274, by Senator Boyle, Senate Print 4252, an act to authorize.
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, 58. Nays, 3. Senators Bonacic, Larkin and O'Mara recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1277, by Senator Marcellino, Senate Print 4308, an act to amend Chapter 396 of the Laws of 2010.
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. Nays, 1. Senator Diaz recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1278, by Senator Young, Senate Print 4332, 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, 60. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1279, by Senator Young, Senate Print 4334, an act to amend the Executive 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, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1280, by Senator Golden, Senate Print 4446B --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1281, by Senator Maziarz, Senate Print 4542, an act to amend the Energy Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1282, by Senator Young, Senate Print 4560, an act authorizing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1283, by Senator Little, Senate Print 4689, Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT GRIFFO:Call the roll on the resolution.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The resolution is adopted.
THE SECRETARY:Calendar Number 1284, substituted earlier by Member of the Assembly Pretlow, Assembly Print Number 6939, an act to amend Chapter 473 of the Laws of 2010.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1285, by Senator Golden, Senate Print 4875, an act to amend the Elder Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1286, by Senator Maziarz, Senate Print 4904, an act to amend the Agriculture and Markets Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1287, by Senator Hannon, Senate Print 4926, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect January 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1288, by Senator Tkaczyk, Senate Print 5230A, an act in relation to bond anticipation.
ACTING PRESIDENT GRIFFO:There is no home-rule message at the desk. The bill is laid aside for the day.
Calendar Number 1295.
THE SECRETARY:Calendar Number 1295, by Senator Maziarz, Senate Print 5481, an act to amend the State Technology 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.)
ACTING PRESIDENT GRIFFO:Senator Tkaczyk to explain her vote.
SENATOR TKACZYK:Thank you, Mr. President.
I rise in support of this legislation. I can think of no better way to help the upstate economy than by expanding rural broadband access in unserved areas. That's why I introduced a bill in April to do something similar.
I'm very happy to see this get to the floor, and I wholeheartedly support it.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Tkaczyk to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1296, by Senator Ritchie, Senate Print 5482, an act to amend the Soil and Water Conservation Districts 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.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1297, by Senator Ball, Senate Print 5504A, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Maziarz, that completes the noncontroversial reading of the active list and the calendar.
(Pause.)
ACTING PRESIDENT GRIFFO:Can I have order in the chamber, please.
Senator Maziarz.
SENATOR MAZIARZ:Thank you very much, Mr. President.
Mr. President, there will be a Rules Committee meeting at 3:00 p.m.. At 3:00 p.m., a Rules Committee meeting. After the Rules Committee meeting, we will take up the controversial calendar.
And lastly, would you call upon my very good friend Senator Serrano for a very special announcement.
ACTING PRESIDENT GRIFFO:There will be a Rules Committee meeting in Room 332 at 3:00 p.m. At that point in time, upon completion of the Rules Committee meeting, the controversial calendar will be taken up.
Senator Serrano for the purposes of an announcement.
SENATOR SERRANO:Thank you, Senator Maziarz.
Mr. President, there will be an immediate meeting of the Senate Democratic Conference in Room 315.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Senate Democratic Conference in Room 315.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 1:51 p.m.)
(Whereupon, the Senate reconvened at 3:58 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Skelos.
SENATOR SKELOS:Mr. President, if we could return to reports of standing committees, I believe there's a report of the Rules Committee at the desk. I ask that it be read at this time.
ACTING PRESIDENT GRIFFO:We will return to reports of standing committees.
There is a report of the Rules Committee at the desk. The Secretary will read.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 563, by Senator DeFrancisco, an act to amend the Penal Law;
Senate 933A, by Senator Martins, an act to amend the General Business Law;
Senate 1030, by Senator Serrano, an act to amend the Economic Development Law;
Senate 1213, by Senator Ranzenhofer, an act to amend the Education Law;
Senate 1435, by Senator Ranzenhofer, an act to amend the Real Property Tax Law;
Senate 1508, by Senator Marcellino, an act to amend the Penal Law;
Senate 1671A, by Senator Grisanti, an act to amend the Tax Law;
Senate 1855, by Senator LaValle, an act to amend the Public Authorities Law;
Senate 1882, by Senator Bonacic, an act to amend the Education Law;
Senate 1913, by Senator Libous, an act to amend the Highway Law;
Senate 1914, by Senator Addabbo, an act to amend the General Business Law;
Senate 1961A, by Senator Griffo, an act to establish;
Senate 2251, by Senator Klein, an act to amend the Penal Law;
Senate 2298, by Senator Lanza, an act to amend the Penal Law;
Senate 2416, by Senator Adams, an act to amend the Vehicle and Traffic Law;
Senate 2450, by Senator Flanagan, an act to amend the Education Law;
Senate 2482, by Senator Lanza, an act to amend the Public Authorities Law;
Senate 2578, by Senator Ball, an act to amend the Penal Law;
Senate 2597, by Senator Martins, an act to amend the Executive Law;
Senate 2688, by Senator Young, an act to amend the Agriculture and Markets Law;
Senate 2908, by Senator DeFrancisco, an act to amend the Public Health Law;
Senate 3069A, by Senator DeFrancisco, an act to amend the Education Law;
Senate 3106, by Senator Griffo, an act to amend the Penal Law;
Senate 3181, by Senator Little, an act to authorize;
Senate 3407A, by Senator Klein, an act to amend the Penal Law;
Senate 3622, by Senator Lanza, an act to amend the Criminal Procedure Law;
Senate 3694, by Senator Ritchie, an act to amend the Tax Law;
Senate 3732, by Senator DeFrancisco, an act to amend the General Municipal Law;
Senate 3778, by Senator Young, an act to amend the Education Law;
Senate 3848, by Senator Young, an act to amend the Tax Law;
Senate 3867, by Senator Golden, an act to amend the Retirement and Social Security Law;
Senate 3965, by Senator Lanza, an act to amend the Penal Law;
Senate 4040, by Senator Valesky, an act to amend the Penal Law;
Senate 4067, by Senator DeFrancisco, an act to amend the Social Services Law;
Senate 4071, by Senator Golden, an act to amend the Criminal Procedure Law;
Senate 4096, by Senator Libous, an act to authorize;
Senate 4157, by Senator Lanza, an act to amend the Penal Law;
Senate 4158, by Senator Lanza, an act to amend the Penal Law;
Senate 4160A, by Senator Lanza, an act to amend the Penal Law;
Senate 4261, by Senator Ritchie, an act to amend the Real Property Tax Law;
Senate 4337A, by Senator Young, an act to amend the Public Health Law;
Senate 4344, by Senator Gallivan, an act to amend the Executive Law;
Senate 4390, by Senator Golden, an act to amend the Penal Law;
Senate 4425, by Senator Golden, an act to amend the Elder Law;
Senate 4447, by Senator Golden, an act to amend the Penal Law;
Senate 4499, by Senator Carlucci, an act to amend the Mental Hygiene Law;
Senate 4642, by Senator Grisanti, an act to amend the Tax Law;
Senate 4652, by Senator Valesky, an act to amend the General Business Law;
Senate 4662, by Senator O'Mara, an act to authorize;
Senate 4664A, by Senator Golden, an act to amend the Penal Law;
Senate 4888, by Senator Stewart-Cousins, an act to authorize;
Senate 5058, by Senator Carlucci, an act to authorize;
Senate 5091, by Senator Gallivan, an act to amend the Retirement and Social Security Law;
Senate 5119, by Senator DeFrancisco, an act providing;
Senate 5122, by Senator Flanagan, an act to amend the Penal Law;
Senate 5140, by Senator Little, an act to authorize;
Senate 5143, by Senator Nozzolio, an act to authorize;
Senate 5165, by Senator Seward, an act to amend the Retirement and Social Security Law;
Senate 5207, by Senator Ball, an act in relation to allowing;
Senate 5252, by Senator Flanagan, an act to amend the Education Law;
Senate 5383, by Senator Flanagan, an act to amend the Penal Law;
Senate 5423, by Senator Ritchie, an act to amend the Correction Law;
Senate 5452, by Senator Flanagan, an act to amend the Education Law;
Senate 5550, by Senator Libous, an act to amend the Insurance Law;
Senate 5552A, by Senator Valesky, an act to amend the Agriculture and Markets Law;
Senate 5564A, by Senator Breslin, an act granting;
Senate 5565A, by Senator Breslin, an act granting;
Senate 5566A, by Senator Breslin, an act granting;
Senate 5642, by Senator Larkin, an act authorizing;
Senate 5646, by Senator Martins, an act to amend Chapter 618 of the Laws of 1998;
Senate 5659, by Senator Valesky, an act to amend the Economic Development Law;
Senate 5546, by Senator Savino, an act authorizing;
Senate 2636, by Senator Parker, an act to amend the Municipal Home Rule Law;
Senate 2838, by Senator Parker, an act in relation to requiring;
Senate 5388, by Senator Parker, an act to amend the Executive Law;
And Senate 5707, by Senator Adams, an act to amend the Social Services Law.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:Senator Skelos.
SENATOR SKELOS:Mr. President, I move to accept the report of the Rules Committee.
ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Rules report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:The Committee on Rules report is accepted.
Senator Skelos.
SENATOR SKELOS:Mr. President, if we now could go to the controversial calendar.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.
Can I have some order in the chamber, please.
The Secretary will read.
THE SECRETARY:Calendar Number 1147, by Senator DeFrancisco, Senate Print 2789, an act to amend the Election Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco, an explanation has been requested by Senator Krueger.
SENATOR DeFRANCISCO: Let me read as an explanation a blurb that was done by Nick Reisman. And he's got a quote from one of my strongest supporting groups, NYPIRG. All right? They always support me on all the issues that I take on.
(Laughter.)
SENATOR DeFRANCISCO: "The Senate today is expected to vote on a measure that would address so-called 'ghost' campaign war chests by allowing an individual to determine who should be in charge of their coffers when they die or being incapacitated. The measure on the Senate calendar today would allow candidates to select a panel of up to three" -- "up to three" means one as well -- "up to three who would appoint a treasurer for their campaign committee in order to ensure the remaining money is used with the candidate's ostensible best wishes in mind.
"Bill Mahoney, of the New York Public Interest Research Group, believes it's the first time state lawmakers are even acknowledging the existence of campaign accounts that remain alive after someone's death."
So if someone -- for example, Senator Krueger, if you were walking out of the chambers and had a terrible event where you were either incapacitated or you had passed away, you would be able, if you had -- if this bill was in place, you could have had a group that would be -- you filed the names of your group, or individual, who would make the decision as to how that money would be used later on after your death.
And I think it's -- every lawmaker should want that protection. Because, for example, if your treasurer of your campaign committee right now is a staff member and they -- since you're no longer around, they probably won't be your staff member anymore. That person forever would be the treasurer of your account and would have the decisions to make over the amounts of money that you had left in your campaign before you were incapacitated or died.
So it's a protection that I think is extremely important for all lawmakers. And that's the explanation.
SENATOR KRUEGER:Hello, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Through you, if the sponsor would yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR DeFRANCISCO: I would. I just have no concept how there could be further questions with such a clear explanation.
(Laughter.)
SENATOR KRUEGER:I enjoyed the sponsor's explanation, for the record. Although when I read the NYPIRG comment, I thought they were a little more tongue-in-cheek than serious. It was sort of "Egads, the Senate is finally noticing that they have this ridiculous situation where you can actually die and have a campaign committee go on forever."
And in fact the Senator's explanation is that now we don't have to worry because, I don't know, the corporation can continue in the absence of you, the deceased member.
So my question is, why don't we just pass a law -- I happen to have one -- that actually says if you are deceased, your committee has to disband within a certain period of time and the money can be used for specific purposes, but that a committee of a deceased legislator cannot go on ad infinitum where it would actually need to have people overseeing the continuation of the committee for a person who clearly can't run again because they're deceased?
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: That's an idea. It's not as good as this one.
(Laughter.)
SENATOR DeFRANCISCO: And I just think that the people who are contributing to a candidate should be the ones who -- or the designee by the candidate to determine where those funds go, rather than having an artificial list of where it should go when the candidate is as viable or the elected official is as viable as you and I are.
And I don't think you would want to -- you'd want to have that requirement now, as far as designating where that money might go. Things may change, that the money could be used maybe for another candidate. And I think that's what the whole purpose is if they select the individual who they'd like to control those funds
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:If it's such a good idea, why didn't your bill say "may," not "shall"?
SENATOR DeFRANCISCO: Because I wouldn't want you to do anything that you don't want to do. Because you are your own person, and you have your likes and dislikes. And if you don't think this is a good thing for you, don't do it.
But I'm giving everyone in this chamber and in the other chamber the opportunity to do it if they choose to do it.
And by the way, I don't think NYPIRG was making those remarks with tongue in cheek. And if they were, it would probably relieve me a little bit because maybe I was going in the wrong direction.
(Laughter.)
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
And I would remind the members to please direct through the chair.
Senator Krueger.
SENATOR KRUEGER:I'm sorry, I didn't direct through the chair?
ACTING PRESIDENT GRIFFO:Continue.
SENATOR KRUEGER:Thank you, Mr. President.
So in this scenario a candidate might create a committee of from one up to I suppose 10 people who oversee the treasurer and can replace the treasurer.
Let's say it's a committee of two. What happens when they are deceased?
SENATOR DeFRANCISCO: The committee of two can appoint somebody. I mean, you can't have -- we have to worry about the rule against perpetuities as well. And I'm sure you're well familiar with the rule against perpetuities. But you can't keep funds in a trust -- and this is something like a trust -- indefinitely.
So you can't correct every problem. But those two people could elect someone or the one remaining could elect someone. And again, you don't have to do it if you don't think it's a good idea.
But right now if you die or are incapacitated and you have a treasurer that decides later on that this is like my own little funds here that I could decide to do what I want to do, if you'd rather -- because things change. But if you'd rather have some person that you don't want now -- a family member, a close friend that don't want to be involved in politics now -- you could designate someone to make sure the treasurer on your death is the one that you trust.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:Well, I think the sponsor and I agree there's something wrong with the current system, we just have a very different approach to seeing a solution.
My colleague suggests that we could choose someone who after we are deceased can oversee or replace the treasurer. Ad infinitum, forever and ever, you could see generations of people passing on the responsibility to control campaign funds long after the candidate or even the previously elected person has been dead and buried.
Or you could actually pass a law that says when you're deceased we really assume you're out of politics and you're not running again, and we could put a limit on how long that campaign treasurer or even the committee to work with the campaign treasurer would have to close down the committee, to offer the funds back to the original donors, to move it to different candidates, to move it to party committees if they still exist a week or two from now.
But the concept that rather than recognize we actually have a serious problem, people leave politics with no intention of coming back, people literally die and their committees --
ACTING PRESIDENT GRIFFO:Senator DeFrancisco, why do you rise?
SENATOR DeFRANCISCO: Would the Senator yield?
SENATOR KRUEGER:Could I finish the sentence? And I'd be happy to yield.
SENATOR DeFRANCISCO: Sure, absolutely. Okay.
SENATOR KRUEGER:Thank you. Thank you.
The concept that you can be gone from politics or gone, literally dead and buried, and yet your campaign committee continues to function and spend money, frankly I just find very disturbing.
So I respect my colleague thinks he's offering a voluntary model that could improve the situation. But to be honest, I don't really think it would change the story we see today. And I'm hoping that this house, perhaps even this colleague and sponsor might be interested in taking a look at a bill I've been carrying for several years which would actually explicitly lay out a structure for closing down dead committees, whether you're deceased or you have decided to end your career in politics.
And now I'm happy to yield to his questions.
SENATOR DeFRANCISCO: Senator, I am interested in your bill. Can you tell me where the money would go under your bill if someone dies?
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Through you, Mr. President.
The committee could return funds pro rata to contributors, donate the funds to a 501(c)(3) designated organization or organizations, donate the funds to the State University system, donate the funds to the state's General Fund, transfer the funds to a political party's committee, or contribute the funds to a candidate or political committee within the current state contribution limits.
SENATOR DeFRANCISCO: Would you yield to one more question?
SENATOR KRUEGER:Certainly.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR DeFRANCISCO: And who would make that decision on the death of someone? You've got a lot of options there. Who would make that decision?
SENATOR KRUEGER:The treasurer would make that will decision.
ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.
SENATOR KRUEGER:May I add? While the sponsor did not specifically ask, there's also a time limit. It must take place within a four-year period.
And I'm going to give my bill to the sponsor.
ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.
Is there any other Senator wishing to be heard?
Seeing none, hearing none, the debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote.
Senator DeFrancisco, may I ask for order in the chamber, please.
There are a number of conversations ongoing. We have a number of bills before the house, so I would urge members to keep close and we can continue to keep order.
Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, this bill that Senator Krueger has provided to me does have merit, but it doesn't answer the main question that I really wanted to resolve. And that was if something happened unexpectedly and you have, for example, an individual who's an accountant friend of yours that is your treasurer, and even if that person had all of this discretion, I think -- and it works well as long as you're alive, because you're there to make sure things are done right.
However, I still think the candidate or the elected official ought to have the option of filing with the Board of Election someone who can make the determination as to who should deal with the funds from that day forward.
So I still think it's a good option for everyone to have, and I would request a positive vote. Thank you. I vote aye.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you. I appreciate the sponsor's comments.
I'm going to vote yes on his bill and hope that we can actually combine that with my bill so that you could choose a committee to make decisions with the treasurer after you were deceased, but that all would be done within a four-year period with particular structures around to ensure that the money was distributed as you, the deceased member, wished but also that that money -- oh, I'm sorry.
ACTING PRESIDENT GRIFFO:Can I have some order in the chamber, please. Thank you.
Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President.
That actually we would have a successful full package with both bills, so that there was an option to create a committee but actual rules that the committee should use to ensure the public that ghost committees of deceased members did not float around the state ad infinitum as they do now.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 58.
Absent from voting: Senators Adams, Marchione and Sampson.
ACTING PRESIDENT GRIFFO:The bill is passed.
Again, I would ask and urge all members, at the request of leadership, to please remain close to the chamber. We have a number of bills, and they will all be taken up. So please remain close to the chambers.
And if we can keep the conversations to a minimum right now, we can continue to move the agenda.
The Secretary will read.
THE SECRETARY:Calendar Number 1233, by Senator Latimer, Senate Print 2054, an act to amend the State Finance Law.
SENATOR DeFRANCISCO: Explanation.
ACTING PRESIDENT GRIFFO:An explanation has been requested.
SENATOR LATIMER:Thank you, Mr. President.
This bill requires state agencies to furnish to the chair of the Senate Finance Committee and to the chair of the Assembly Ways and Means Committee on an annual basis no later than October 15th any reports, performance reports, or strategic plans which that agency or entity of state government has prepared.
The purpose behind it, very simply, is to make sure that the Senate Finance Committee and the Assembly Ways and Means, as they begin the process of looking at budgetary priorities, also understand what those agencies may have already put in writing that describe what their action plans would be short term and longer term.
ACTING PRESIDENT GRIFFO:Thank you, Senator Latimer.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I just have one question, if the sponsor would yield.
ACTING PRESIDENT GRIFFO:Does the sponsor yield?
SENATOR LATIMER:Happy to, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR DeFRANCISCO: This would be very helpful, quite frankly, to the Legislature. My only concern is that it's too broadly written.
It says, after it says where these items go -- the items are any strategic plans performance reports prepared by state agencies, et cetera, during the prior year. There's really no definition of either performance reports or strategic plans.
It may be that the Governor is trying to determine what the best way to prepare his budget -- they may have several different options that they choose to study. Now, those options may never be part of the ultimate budget that's submitted.
And I just think it's too broadly written so that the people would not know what they're supposed to provide. And that's my objection to it.
And I guess my -- if the sponsor will just yield to one last question.
SENATOR LATIMER:Happy to, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR DeFRANCISCO: What is your definition of "strategic plans"?
SENATOR LATIMER:Through the President, the phrase "strategic plans" we adopted from Section 100 of the Economic Development Law, which alludes to strategic plans which are being done for the purpose of economic development.
The intent of not defining it was purposeful. We wanted to create a broad enough category so that Senator DeFrancisco in his capacity, Assemblyman Farrell in his capacity would be able to not be limited to the types of reports that they would be able to have access to.
What's implicit in the legislation is that we're not asking for a report to be created. It is the sharing of any reports that have already been created up to that point of the October 15th deadline.
So the intent, Mr. President, is to give a wide enough avenue so that the chair of both the Finance Committee and the Ways and Means Committee could be able to have copies of existing material that may not have been shared with the Legislature before. And that is why we didn't tightly define it but the reference came elsewhere, from Section 100 of the Economic Development Law.
ACTING PRESIDENT GRIFFO:Thank you, Senator Latimer.
Is there any other Senator wishing to be heard?
Seeing none, hearing none, debate is closed. The Secretary will ring the bell.
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 1233, those recorded in the negative are Senators Griffo and Marcellino.
Absent from voting: Senators Adams, Marchione and Sampson. Ayes --
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, I just wanted to say I'm voting yes.
I think if the actual economic development statute that has the definition of "strategic plans" was incorporated, this bill would have a better chance of withstanding a Governor's veto. But I vote aye.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.
Reannounce the results.
THE SECRETARY:In relation to Calendar Number 1233, those recorded in the negative are Senators Griffo and Marcellino.
Absent from voting: Senators Adams, Marchione and Sampson.
Ayes, 56. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1243, by Senator Young, Senate Print 2710, an act to amend the Tax Law.
SENATOR KRUEGER:I'm happy to just start questioning rather than ask for an explanation.
ACTING PRESIDENT GRIFFO:Senator Young, do you yield to questions from Senator Krueger?
SENATOR YOUNG:Yes.
ACTING PRESIDENT GRIFFO:Again, I'm going to ask for some order in the chamber so the members can hear each other exchange and debate.
Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President.
The sponsor and I have debated this bill in other years, and so I don't want to use up the time to repeat too much of the disagreements she and I have on this.
But could she help me understand at least in her bill what standards she would like used to calculate the various regional indices she is proposing be used, as opposed to the regional indices the Department of Tax and Finance currently uses?
SENATOR YOUNG:Thank you, Mr. President. Through you.
Thank you, Senator Krueger, for your continued questions. I appreciate them.
And before I answer that question, I just want to remind the members of this chamber what this legislation is all about. Because it's an amendment to the Tax Law that would require for regional differences to be used when the Department of Taxation and Finance is calculating sales tax.
And what we have found over the years is that the Department of Tax and Finance has been doing an inordinate amount of audits on small businesses. And I've had several cases in my district where restaurants, for example, have been hit with huge amounts of money.
And typically what may happen is that an auditor goes to a business -- and for example, it may be on a very busy day. Say, for example, St. Bonaventure University was in the final four in a basketball game, I guarantee that every restaurant in my district would be packed during that event.
But if an auditor goes in during that one time -- well, hopefully, more than one time, but during that period -- they may say to the restaurant: You're underreporting. You're underreporting the amount of business that you're doing. We're doing an audit on you. And by the way, when we calculate how much you owe, we are going to use this index that does not reflect the economic dynamics in that region. And we've seen this over and over again.
Senator Krueger asked a question. There are many things that you can look at, that Tax and Finance can look at. And I just want to read you, just to give an idea of what these differences are in the regions around the state.
For example, the cost of living index in Buffalo is 99. In New York City, it's 125. And the national is 100. So when you look at this, the cost of living in Buffalo is 20.5 percent less than the New York average.
Okay? So it doesn't make sense when you go into a small restaurant, for example, in Olean, New York, and you're hitting them with these additional costs and you're jeopardizing them. And in many cases my businesses have said, We can't afford to pay these amounts of money and we may have to go out of business.
So there are many different factors that can be used. And we see this ourselves as legislators. For example, in our travel reports there are regional differences between what is the cost upstate versus New York City and so on. So a lot of things that Tax and Finance can do.
But my concern is is that in many cases we see a money grab by Albany on these small businesses. The Department of Tax and Finance has increased the number of auditors by 200 over the past couple of years. There are now, in my understanding, more than 500 auditors. And this is all about grabbing revenue for Albany.
And I don't think that's right. And I don't think that it's fair. And I think that we should look at actual data and help these businesses to be able to stay in business. We all say that we're for growing the economy, we're for the little guys, we want to help small businesses. This is a way to do it.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR KRUEGER:Well, I also certainly hope this is not a financial grab by Albany of small businesses' money. What I actually hope is it is a correct calculation of sales taxes being paid to the state when they are received by the businesses, small or large.
Which of course what we're talking about here in this bill -- I know Senator Young agrees with me -- is somebody has paid the sales tax when they purchase the item. They have paid the sales tax when they purchased the item. What is important and sometimes disagreed upon is did that business transfer the sales tax they collected to the state in the correct amount.
So I do understand that the Senator and I have a disagreement about whether Tax and Finance is using correct indices now when they evaluate or audit whether a business collected and paid sales tax correctly based on the average price of the products they're selling, because we've had that discussion over several years.
But my question was, we know they have a system currently, Tax and Finance. We've asked them, and they have a system. And they do use different indices. And they don't assume the same price of a sandwich in New York City as they do --
ACTING PRESIDENT GRIFFO:Senator Krueger, do you have a question for the member?
SENATOR KRUEGER:I do, yes. I'm getting to the question.
They don't assume that they use the same price of a sandwich for New York City as they might in Senator Young's district or Senator Marcellino's district.
But really what suggested change is the Senator asking the state to make from their current system of making adjustments based on averages and costs versus what she hopes they would do?
ACTING PRESIDENT GRIFFO:Senator Young.
SENATOR YOUNG:Thank you, Mr. President. Through you.
I think that Tax and Finance may be saying that they do use different economic indices when they're calculating these costs. But they can pick and choose under the current system. It's not required. And that's why this bill is so simple but directly to the point, in that it would require them to do it.
And quite frankly, I am a little puzzled by Senator Krueger's resistance to doing something. If they're doing it, we just as a Legislature want to make sure that they're consistently doing it.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR YOUNG:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So when we had this debate last -- one moment, I'm looking for the -- 2011, thank you. I guess we were both feeling tired in 2012. In 2011, when we last had this debate, you actually in response said the U.S. Bureau of Labor Statistics' Consumer Price Index might be one way to come up with a regional price differentiation.
I'm just curious, if that's a good idea, why don't we amend your bill to call for the use of federal labor statistics data?
SENATOR YOUNG:Thank you, Senator, for that question. And that's just one suggestion.
But sometimes with the CPI there's too much of a lag. And so we would like to have something that is current so that it can be based on facts and data.
SENATOR KRUEGER:Through you, Mr. President. I'll speak on the bill now, thank you.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:I think the Senator and I, while we don't appear to agree on her bill, do actually agree on the fundamental question. We think that businesses should be correctly audited and not unfairly charged taxes that they in fact did not actually collect.
I think we both agree for fairness, everybody pays their taxes, and every business who receives taxes should make sure that those tax dollars are coming to the State of New York. Because otherwise you actually do have an unfair tax advantage to those businesses who fail to submit their sales tax revenue to the state, compared to the next-door neighbor's store or the three-county-away business that is in fact collecting and submitting their taxes.
Because this is really an issue of does the state know how to correctly calculate and collect taxes that you and I are paying that we hope are going into our Tax and Finance funds. Because otherwise, why are we having people pay taxes, if not for us to get them to provide public services?
And where we disagree is whether Tax and Finance is using the right calculations, is using the right methodology. And I empathize that if they're not using the right methodology, we could offer a better one. But I don't think we have come up with that yet.
But for the record, there is another bill carried by Senator Marcellino that I carried a similar version of at one time that would actually create black box methodology in the State of New York which is used in a number of European countries, a number of states in the United States already, and would actually put a simple device on the -- they're not called -- your register. They're called electronic registers, I guess, today.
It puts a simple device on the electronic register that actually keeps track exactly of the sales and what sales tax should be should have been collected. And in fact the actual factual information -- not averaging or hypothetical based on looking at the business after the fact -- the actual information is provided to the Department of Tax and Finance.
What's fairly amazing about this technology is that the estimates are the State of New York could collect hundreds of millions of dollars per year more in sales tax. It would not be an increase in taxes. These are taxes already being paid by all of us. When we shop for something and pay a sales tax, whether it's at a restaurant or a local store, that sales tax is being collected from us.
But black box technology being used around the world has in fact dramatically increased the payment of the actual sales tax to the government. That would be state government and local government.
So I actually hope that Senator Young might want to join Senator Marcellino and myself and others in urging that we move the black box legislation and we work with the State of New York Department of Tax and Finance to ensure we actually have a documentable, trackable, scientific way to determine at businesses how much sales tax was collected and was that in fact sales tax passed on, as it should be by law, to the State of New York. It would increase our revenue. It does not increase anyone's tax. And I think it would address all of the concerns Senator Young raises in her bill today.
So I will continue to vote no on this bill but urge a yes vote and, as soon as possible, a vote on Senator Marcellino's black box sales tax bill.
Thank you.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator who wishes to be heard, the debate is closed.
The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Young to explain her vote.
SENATOR YOUNG:Thank you, Mr. President. To explain my vote.
ACTING PRESIDENT GRIFFO:Order in the chamber, please.
Senator Young.
SENATOR YOUNG:I'd like to thank all of my colleagues who are voting yes on this important piece of legislation, because you truly are supporting our small businesses. A lot of us are working very hard on revitalizing our economy and, as I said, helping to keep the little guy in business, because that helps all of our communities.
So this legislation would make sure that there's accuracy and fairness in the system. It would make sure that Tax and Finance is doing the right things. Because oftentimes what happens in these cases is that Tax and Finance comes in, says there's a problem, and then the next step is to go to an administrative hearing, which costs a lot of money. And in many cases the businesses cannot afford to go through that hearing process, and as a result they just pay the fine, and they cave and they give up. And then they become more and more discouraged about being able to stay in business in New York State.
So this corrects that injustice. And again, I want to thank all of my colleagues who are supporting this. I thank Senator Krueger for her questions. And I will be voting aye.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Young to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1243, those recorded in the negative are Senators Hoylman, Krueger, Rivera, Sanders and Serrano. Also Senator Squadron.
Absent from voting are Senators Adams, Hannon, Marchione and Sampson.
Ayes, 51. Nays, 6.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1259, by Senator Robach, Senate Print 3770, an act to amend the State Finance Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT GRIFFO:Senator Robach, an explanation has been requested by Senator Krueger.
SENATOR ROBACH:Yes, Mr. President.
This is a very straightforward bill that would try and control debt through spending, creating a cap related to inflation in our budget, and also increasing the capacity of a rainy day fund in our reserve so we could preserve quality programs. Technically, that's what the bill does.
A little bit on the personal side, I feel this bill is very needed not only for my children but the next generation in New York. I think it would be awful for us to continue to add to our debt service of $63 billion, spend money today that our children and grandchildren will have to pay back, as well as not being a good fiscal practice. I think that's the wrong direction in government to go.
I'm happy to be part of a generation where my parents and grandparents tried to leave the world fiscally and every other way a little bit better for me and our generation.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:I feel like it's the oldies-but-not-goodies day on the floor of the Senate.
Would the sponsor please yield to a question?
SENATOR ROBACH:Enthusiastically, Mr. President.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR KRUEGER:So the sponsor has carried this bill for several years. So if we had passed the bill last year and it was in effect, how much would we have been able to spend in the state budget that we passed a day or two before April 1st for the fiscal year 2013-2014?
SENATOR ROBACH:I'll have to answer that a little generically.
What I could say is on a good note, for the last couple of years, partnering with Governor Cuomo and I think logically minded fiscally responsible people, we've passed a couple of budgets in a row -- after a streak of budgets that raised the budgets to much greater than the rate of inflation -- within that cap for the state portion of the budget, not including money given to us by the federal government.
And that seems to be not only a good fiscal practice, but at least where I live, appreciated greatly by people who have been very, very concerned with the amount of spending, the amount of debt, hence the amount of taxation.
So I don't know how different it would be. But I do believe we were under the rate of inflation the last two years when we closed both a $10 billion and approximately $3 billion gap in the budget.
What the exact dollar amount is, Senator Krueger, I'm not certain. But rather than make that a practice we agree on, this bill would make it automatic that that would be the cap, not agreed upon.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR ROBACH:Yes.
SENATOR KRUEGER:Actually, if I might withdraw that, I would like to make a statement and then ask a question.
ACTING PRESIDENT GRIFFO:Would you like to speak on the bill, Senator Krueger?
SENATOR KRUEGER:I would like to answer the question and then ask a follow-up question.
ACTING PRESIDENT GRIFFO:I would ask you to be succinct.
SENATOR KRUEGER:Very succinct.
So I actually did have the calculation done. And in fact if the cap applied in the fiscal year that we are now in, if we had passed this law in a previous year, the state operating funds projected in the Division of Budget's financial plan would be $2.3 billion over what we would be allowed to spend under the cap law.
So in 2013-2014 if the cap had been in effect, the state operating funds -- again, excluding all the federal money that the Senator explained -- would be limited to $90.29 billion dollars instead of the estimated Department of Budget spending in this fiscal year of 92.59. So we would be $2.3 billion over the cap in the budget we passed and are living under.
And the Senator is right that we've done better in the last few years. Without a cap, we've done better.
So my question to the Senator -- if he will yield, through you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Robach, do you yield?
SENATOR ROBACH:Yes.
ACTING PRESIDENT GRIFFO:Senator Robach yields.
SENATOR KRUEGER:Thank you.
What $2.3 billion should we have cut out of the budget this year in order to meet the spending cap philosophy and legislation you wish was the law?
ACTING PRESIDENT GRIFFO:Senator Robach.
SENATOR ROBACH:I don't want to argue the number. I'm not sure -- according to the Budget Department and the Governor, I don't believe we went over the cap without putting in other sources of revenue.
But I would say this. I don't even know if I agree that we were over. But whether over, under, or not, whenever we make a budget I think the people that elect us think we're smart enough to come here to put a budget together that prioritizes yet has us live in our means just like people have to do every day in their business, in their own personal home and everything else.
And I know it's more challenging and it's certainly more fun to make budgets -- I've been here for a decade now in the Senate -- when you have money coming in. But when you don't, that's when you have to make the hard choices. I think we would have to make those collectively. But that's what we need to do.
What we can't do any longer, and I mean this sincerely, is what the federal government does where they know that every child from one day old to the oldest American, 112 years old, however old they are, owes $53,000 for services already rendered. That's not mortgage, college payments, car payments, everything else. Yet they continue to spend money they don't have putting that debt service on future generations.
That's what we're trying to avoid here. We'd have to make those decisions, Senator Krueger, on every budget, just like we do every year.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:I thank the sponsor for his answers, as I've said in previous years. But we're a moving target; there are new members on both sides of the aisle.
Several days ago we had a theme day, no unfunded mandates, no new expenditures beyond what's in the budget. And then after that day we passed a number of bills that had unfunded mandates and new expenditures in the budget.
Today we are passing some of those on the floor. I just came out of a Rules Committee where, if you added up all the new expenditures not within a budget that would be passed into law if we passed every one of those, it's probably close to a billion dollars, maybe $900 million, just in one Rules Committee.
So I believe we should stay within our means. We should be responsible legislators. Sometimes we are, sometimes we're not. In fact, in the last year or two our budgets have better reflected the amount of money we had to spend and the spending.
But government flows with the needs of the people. There are good years, there are bad years for the economy. There are good years, there are bad years for costs of state funding. Major disasters drive state spending. Litigation drives state spending. Aging of a population drives state spending.
What I urge this state not to do is trap itself in a spending cap that will prevent us from doing the job we ask people to elect us to do, which is to be responsible legislators. Which is to live within our means, but which is also to respond to the needs of our communities and be dynamic and be able to adjust to what's going on in a world much larger than ourselves.
And when I look at what has happened in states, Mr. President, that have passed these types of bills -- often they are called TABOR bills -- what we have seen is very unintended consequences and very disturbing consequences. And it's been enough years now where these bills have been passed -- or, in some places, now reversed -- to see there are real impacts on real people's lives from trapping ourselves in caps.
In Colorado, which has had a TABOR law, between 1992 and the early 2000s their rating as a state for the quality of their education went from 35th to 49th in the nation. By 2006, the state maintained its lowest ranking among the states. Colorado's average pupil spending fell by more than $600 per student relative to the national average.
Colorado dropped from 23rd to 48th in the nation for the percentage of pregnant women receiving adequate access to prenatal care. It plummeted from 24th to 50th in the nation in the share of children receiving their full vaccinations. The share of low-income children lacking health insurance doubled in Colorado since TABOR.
But they suspended TABOR, and they've been working their way back.
We see from various states who have gone down this road -- I'm using Colorado just as one example -- again, real harm done. There have been academic groups who have written reports on the dangers of spending caps. One is from the Citizens Budget Commission in 2010, which I'm not going to read, for brevity's sake, highlighting how harmful this model can be. The Center on Budget Policy Priorities, National Women's Law Center. A study done on Connecticut's spending cap.
There are the right ways and the wrong ways to try to balance our budgets, be responsible legislators, make sure that taxes that are owed are collected, as from the previous discussion and the previous bill. But also knowing that we aren't sent here by our constituents to simply be set in a formula that can't work, particularly can't work in emergency times, in bad economic times for those who most need government services.
I don't believe this will become the law of New York State. But I do urge that this house, if it's serious, accept the premises that my colleague rightly argues in saying why we need to be more responsible and not pass legislation where we don't explain how we're paying for it. Don't pass unfunded mandates without fiscal notes explaining who, where, why is going to have to pick up the cost.
That we do be responsible legislators. We don't need the spending cap. We can look at each bill in the context of who's going to pay for it, what are we going to stop paying for because we're taking that money for this purpose. Understanding that the decisions we make on this floor every day, year after year, now decade after decade, has translated into a very large debt. But it's not by magic or accident. We passed legislation that created those costs, that borrowed that money.
That needs to make sure we are fiscally responsible and pay back our debts but continue to have the infrastructure that keeps New York State great, makes sure it educates its children so that people who want to have businesses here know they have the labor force they need. And continue to be the great state that we all so proud of representing. Every single one of us is so proud of being the representative of our districts.
But our decisions each day on each bill can get us exactly where the sponsor wants us to get without tying our hands and trapping us into painful decisions that will cause great harm in the short term and the long term.
I urge everyone to vote no, Mr. President. Thank you.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that wishes to be heard, the debate is closed.
The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President.
I oppose this bill, Mr. President, because it is an admission of surrender by this body. It is the Legislature, Mr. President, which constitutionally has the power to set spending, whether that be spending cuts or spending increases.
Our constituents sent us to this chamber to make these difficult decisions on budget issues, and we should not, Mr. President, abdicate this very important, this solemn responsibility through this bill.
I vote no, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hoylman to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1259, those recorded in the negative are Senators Avella, Diaz, Dilan, Espaillat, Gianaris, Gipson, Hassell-Thompson, Hoylman, Krueger, Latimer, Montgomery, Parker, Peralta, Rivera, Sanders, Serrano, Smith, Squadron, Stavisky and Stewart-Cousins.
Absent from voting: Senators Adams, Hannon, Marchione and Sampson.
Ayes, 37. Nays, 20.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1280, by Senator Golden, Senate Print 4446B, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:I'd be happy to skip the explanation unless Senator Golden would like to give one.
ACTING PRESIDENT GRIFFO:I think he'll take the questions.
Senator Golden, are you prepared?
(Laughter.)
SENATOR GOLDEN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The Senator yields, Senator Krueger.
SENATOR KRUEGER:Thank you very much.
I'm curious, because I don't necessarily disagree with the Senator on much of this bill, is the Senator aware that there is an annual statistical report on the operations of New York State public assistance programs published each year that, when I went through the materials, lists out almost everything he was asking for in this bill?
SENATOR GOLDEN:Mr. President, what we've asked in this bill is the application of family assistance, the number of applicants who have declined to seek or enforce an order of child support, the number of applicants who are found to be in good cause but not seeking or enforcing an order of child support, and the number of applications for family assistance that were denied because the applicant did not seek or enforce an order of child support.
We don't believe all of these entities are met. And if they are met in this legislation, it would give us the barometer to understand if there needs to be changes in this legislation.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR GOLDEN:Yes, Mr. President.
SENATOR KRUEGER:Does the sponsor know that the law of New York State for quite an extended period of time has been that applicants, recipients for public benefits cannot receive benefits unless they cooperate with the State Office of Temporary and Disability Assistance on seeking child support orders, that that is the law?
ACTING PRESIDENT GRIFFO:Senator Golden.
SENATOR GOLDEN:Mr. President, I am, in fact. And it says so in the justification on the back of the bill: State law requires that low-income custodial parents actively seek child support from their child's non-custodial parent and show cause as to why he or she cannot seek that child support.
SENATOR KRUEGER:Thank you.
I think the sponsor is agreeing with me that is the law of New York State.
May I, through you, Mr. President, continue to ask the sponsor some questions.
ACTING PRESIDENT GRIFFO:Sponsor, do you yield?
SENATOR GOLDEN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR KRUEGER:In the bill, in paragraph C-1, you use the term "applicants." And I'm wondering why you're not applying the same informational request for recipients of public benefits, just applicants of public benefits.
SENATOR GOLDEN:In the City of New York the applicant is in fact also the recipient -- applicant can be acknowledged and recipient is acknowledged when the word "applicant" is there.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GOLDEN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:I might suggest we simply add the word "applicant/recipient" where it just says "applicant," for clarification.
SENATOR GOLDEN:If you'd like me to do that, Mr. President, I will gladly do that, if that makes Senator Krueger happy.
SENATOR KRUEGER:Thank you.
Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR GOLDEN:Yes, he does, Mr. President.
SENATOR KRUEGER:The bill talks about seeking a child support order. My understanding was that what is actually asked is to assign their rights to child support.
So I'm just wondering how would the Senator be proposing we change current law by tracking the seeking of a child support order. As opposed to current law, which is assigning the child support rights and cooperating with the establishment of paternity, child support, and enforcement of the child support order.
SENATOR GOLDEN:We don't change the law, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Thank you.
So if through you, Mr. President, the Senator would continue to yield.
SENATOR GOLDEN:Yes, I do, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So the purpose of the bill is to track certain information in order to determine how we're doing with all this.
You know what, I'm going to speak on the bill briefly.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR GOLDEN:Thank you, Mr. President.
SENATOR KRUEGER:I appreciate the sponsor's answers. I actually think that the sponsor is not wrong to want all this information. I think that OTDA provides a report that provides quite a bit of the information.
I do think there are more questions that should be asked and that the language should be a bit clearer in the bill about what actual law is versus what we're asking OTDA to track. Because if we ask them to track something that they actually don't do because it's not the law, the sponsor is not going to get the information he is looking for.
I think it is very important that when looking at this type of data you keep in context that there are certain exceptions from the law from for very good reasons, particularly when it comes to child support enforcement and people who have been victims of domestic violence and sexual assault from within their own family, that there are very specific exclusions from the law for not having to participate in assigning their rights or testify in court because in fact it can and has been dangerous when people who have fled abuse are forced to go back into court against their abuser.
But I agree that this is not a bill to change the law. I believe it is a bill to try to collect the data to get a better understanding of who, what, where in child support enforcement. And hopefully with data could come good legislation and adjustments that might be needed.
But again, I will happily share my technical concerns with the sponsor and hope that we might actually be able to write a bill that would correctly get the information I believe the sponsor is seeking.
But I will turn all of you to the attention that much of this already exists on an annual basis available on your local computer from the Office of Temporary and Disability Assistance.
I vote yes. Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.
Seeing and hearing no other Senator that wishes to be heard, the debate is closed.
The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
Absent from voting: Senators Adams, Bonacic, Hannon and Sampson.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1286, by Senator Maziarz, Senate Print 4904, an act to amend the Agriculture and Markets Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT GRIFFO:An explanation has been requested by Senator Krueger, Senator Maziarz.
SENATOR MAZIARZ:Thank you very much, Mr. President.
This bill requires notice to the owner of a farm operation when a FOIL request has been made about their particular farm. The notice must be provided in writing within five business days and include the name and address of the person or entity who is requesting the information.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President. If through you the sponsor would yield.
SENATOR MAZIARZ:Certainly, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:The bill talks about farm operations --
ACTING PRESIDENT GRIFFO:Can I get a little order in the house, please?
Senator Krueger, you may ask your question.
SENATOR KRUEGER:Thank you.
The bill defines the universe as farm operations. Are those all farms or just particular types of farms under the law?
SENATOR MAZIARZ:Mr. President, through you. The answer to the question is that they are all farms.
SENATOR KRUEGER:They're all farms, thank you.
Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:It's my understanding that there's a current model for dealing with FOIL requests for farms. Could the sponsor explain to me how his bill would change the current system?
SENATOR MAZIARZ:Through you, Mr. President, yes.
This would require the agency -- in this case, most probably the Department of Ag and Markets -- to notify the farmer, the farm owner, when a FOIL request had been made, what the request was, and who it was made by.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR MAZIARZ:Certainly, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So my understanding is that the FOIL statute in New York State requires every state agency to address the exception issues under the Public Officers Law, Section 87(2), and that Ag and Markets has promulgated regulations regarding such FOIL requests for exactly this situation.
I'm wondering why we need this law or how it would change the current process by which FOIL requests are handled, farmers are notified, and information is transferred.
ACTING PRESIDENT GRIFFO:Senator Maziarz.
SENATOR MAZIARZ:Thank you very much, Mr. President. Through you, it's a very good question by my colleague.
And I would say that rather than doing it through the regulatory process -- which, you know, could change based on various administrations -- this would actually put it in statute.
This legislation was requested by the New York State Farm Bureau. And as you know, they have a deep concern on farms today with the type of not equipment but material that is used on a farm today, with bioterrorism. There have been, you know, instances where it's become a homeland security issue.
So I would say that the answer to your question, Senator, is that having it done in statute as opposed to regulation, which could easily be changed by a future administration, a future commissioner of Agriculture and Markets, that I think the Farm Bureau certainly felt that this was a better option.
SENATOR KRUEGER:Through you, Mr. President. Thank the sponsor.
ACTING PRESIDENT GRIFFO:Are you on the bill, Senator Krueger?
SENATOR KRUEGER:I am on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:Thank you.
So it is under statute. It's under the Freedom of Information Law statute. And it does have regs. And so the sponsor is correct this would require, under a new statute, for Ag and Markets to come up with different or the same regs.
I guess my only point is if it's already a law and it's already regulation, I'm a little confused why we are passing another law requiring new regulations to be written. But maybe the intent, I believe the sponsor said of the Farm Bureau, was to clarify in some way a different process that should be used under the law and new regulations.
And I will -- and I'm open to that, because I actually do recognize there are good reasons why anyone who provides information to the government, that that information is by definition at a certain level public. But there are very legitimate reasons why companies, including farms large and small, would want to make sure that they are advised of this request. And if they believe there is some conflict for that information to be provided, there are models for redacting.
There are concerns about businesses attempting to steal each other's trade secrets, somebody trying to find out your budget or your costs in order to perhaps try to lower a selling price in a negotiation. There may be specific reasons why larger farm corporations have more complicated books and issues than a small family farm.
I certainly hope if this becomes law the one thing we don't do is come up with a new statute and new regulations that might conflict with the existing ones and put the farmers in the situation where they now are having to respond to two different laws, two different divisions of state government, and perhaps two different processes for providing them the information and getting them to respond.
I am quite sure the sponsor doesn't want duplicative or conflicting or confusing law and regulations. So I will just give my warning that I don't believe that that's either of our goal, and I will vote for his bill.
Thank you.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that wishes to be heard, debate is closed.
The Secretary will ring the bell.
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 1286, those recorded in the negative are Senators Avella and Espaillat.
Absent from voting: Senators Adams, Bonacic, Hannon and Sampson.
Ayes, 55. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the controversial reading of the calendar.
SENATOR LIBOUS:Thank you, Mr. President.
Could you call on Senator Gianaris and then come back to me, and we're going to return to motions.
ACTING PRESIDENT GRIFFO:Returning to motions and resolutions.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator O'Brien, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate 3940.
ACTING PRESIDENT GRIFFO:So ordered.
SENATOR GIANARIS:On behalf of Senator Gipson, on page 48 I offer the following amendments to Calendar Number 1075, Senate Print 5411, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR GIANARIS:On behalf of Leader Stewart-Cousins, on page 19 I offer the following amendments to Calendar 491, Senate Print 4241A, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR GIANARIS:And on behalf of Senator Latimer, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Print 5065B.
ACTING PRESIDENT GRIFFO:So ordered.
Senator Libous.
SENATOR LIBOUS:Mr. President, on behalf of Senator Ball, on page 41 I offer the following amendments to Calendar Number 934, Senate Print 4914A, 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:Thank you, Mr. President.
And on behalf of Senator LaValle, on page 23 I offer the following amendments to Calendar Number 580, Senate Print 2219, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR LIBOUS:I believe Senator Valesky has a motion also.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Apparently I do, Mr. President.
On page 17, on behalf of Senator Klein, I offer the following amendments to Calendar Number 445, Senate Bill 2432, 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, we have a little bit more work to do.
I believe everybody has a copy of Senate Supplemental Calendar 51A on their desk. At this time I'd like to take up that calendar, noncontroversial reading.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 1298, by Senator Parker, Senate Print 2636, an act to amend the Municipal Home Rule Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 1. Senator Marcellino recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1299, by Senator Parker, Senate Print 2838, an act in relation to requiring.
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, 57. Nays, 4. Senators Ball, Marcellino, Marchione and O'Mara recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:With respect to Calendar Number 1300, Senator Parker moves to discharge, from the Committee on Finance, Assembly Bill Number 371 and substitute it for the identical Senate Bill Number 5388, Third Reading Calendar 1300.
ACTING PRESIDENT GRIFFO:The substitution is so ordered, and the Secretary will read.
THE SECRETARY:Calendar Number 1300, by Member of the Assembly Dinowitz, Assembly Print Number 371, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1301, by Senator Adams, Senate Print 5707, 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 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 1301, those recorded in the negative are Senators Farley, Griffo and Marcellino.
Ayes, 58. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of Supplemental Senate Calendar 51A.
SENATOR LIBOUS:Thank you, Mr. President.
For a moment the Senate needs to just take a deep breath until we get some stuff passed out, and then we're going to do a couple of other bills.
(Pause.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:We have a supplemental active list before us with two bills on it. Could we have the noncontroversial reading of that list.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:With regard to Calendar Number 1066, on page 48 Senator Grisanti moves to discharge, from the Committee on Local Government, Assembly Bill Number 7367 and substitute it for the identical Senate Bill Number 5191A, Third Reading Calendar 1066.
ACTING PRESIDENT GRIFFO:Substitution so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1066, by Member of the Assembly Ryan, Assembly Print Number 7367, an act to amend Chapter 824 of the Laws of 1933.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Grisanti to explain his vote.
SENATOR GRISANTI:Thank you, Mr. President.
My fellow colleagues, at the present time we have deadlocked at the PBA, which is the public bridge authority that connects Canada and Western New York. Believe it or not, it's a 10-member board; they have five Canadians and five Americans. This is not about American versus Canadian citizens. This is about a board, five Canadians, five Americans. It's an authority.
While there is deadlock, nothing is being done. That has been the problem for over two decades, 20 years with regard to this bridge authority.
The issue that is deadlocked now I hope gets resolved. The PBA has done some environmental reviews, approved what I call cosmetic-type makeup projects to the plaza on the U.S. side, at the cost of under about $50 million. But on the Canadian side, there was about $120 million.
The problem is that the plaza needs to be done on how Western New York and how New York State sees fit. When the PBA agreed on the Canadian plaza, we didn't dictate how their plaza should be built, and it's a beautiful plaza.
The general manager of the board, who is part of the Canadian five, stated in his own words that congestion entering the U.S. remains a problem given more stringent custom procedures and an ill-functioning plaza. Yet in the same breath he states that by virtue of the PBA's much greater land holdings in Canada, there is less pressure to expand the U.S. plaza in Buffalo.
Now, it's simple, ladies and gentlemen. Western New York, the Governor, we want to do a bigger and better plaza to move truck and vehicular access off the bridge to improve the air quality, to restore the Olmsted Park that used to be in existence there, to have a wonderful gateway into New York and Western New York area from Canada, and to move trade and commerce back and forth across the bridge rather than these trucks sitting, sitting on the bridge, causing asthma and other problems in the region.
Also, New York has the ability to do design-and-build legislation, where the PBA does not. And what that will do is move the projects faster. It also, as I understand it, the way I believe it, is that projects also can be done at the same time. That includes the pre-inspection of trucks on the Canadian side, which is set to start and have a pilot project in 2015; the U.S. plaza upgrades, which we want to start now -- we don't want to wait until 2015, 2016, 2017, all the way up to 2020. We want to start it now -- and the redecking of the bridge. But interestingly enough, the redecking has not been voted on or approved by the PBA.
So this legislation, ladies and gentlemen, simply says this. If the current board is able to come together around a common purpose, they can issue new debt any time that they feel fit before July of 2014. They would be able to remain an authority, and this legislation will have no practical impact on the PBA.
If, however, the PBA is not able to resolve this deadlock and their difference, the issue of new debt prior to July of 2014, they will have to make their final debt payment on that date, and by operation of law they shall dissolve as an authority.
So the dissolution is not up to this piece of legislation. The dissolution is up to the board and to see if they can come and have this issue resolved.
I urge all my colleagues to vote yes for this piece of legislation. I know that's been 20 years. How do I know? Because the Peace Bridge Authority bought one of the houses that was just knocked down four months ago 20 years ago and left it in blight for 20 years along with eight others and an Episcopal church home. And how do I know that? I was the attorney that closed the deal 20 years ago on that property.
I vote aye, Mr. President. Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Grisanti, sponsor of the bill, votes in the affirmative and has five minutes to explain his vote.
The remaining members now have two minutes.
Senator Maziarz to explain his vote.
SENATOR MAZIARZ:Thank you very much, Mr. President, for reminding everyone of that rule when I got up to speak. I appreciate that.
(Laughter.)
SENATOR MAZIARZ:I will try to be even more brief than that, Mr. President.
I just want to thank Senator Grisanti for sponsoring this bill and bringing it forward. This is important to Western New York.
You know, the bottom line in this whole thing, there has been so much stated in the media about Canada versus the U.S. The bottom line is that in 20 years, 20 years, this issue has been talked about, debated, stalled on the American side while a $100 million investment has been made on the Canadian side of the Peace Bridge.
I want to commend my colleague in the Assembly. Assemblyman Sean Ryan has done an excellent job of bringing this legislation forward, of explaining this legislation.
You know, there are some people who will say -- most of them elected officials with very little knowledge of this -- that the sun won't come up tomorrow in Western New York if this legislation is passed.
There are something like over 30 bridges between the United States and Canada. There are 21 different management structures. This authority has not, has not done its job, particularly on the U.S. side of the border.
I wholeheartedly support this legislation. It passed today in the Assembly. It should pass here. And hopefully, hopefully this will stimulate movement of something of an appropriate plaza being built on the U.S. side of the Peace Bridge.
Thank you, Mr. President. Was that under two minutes, Mr. President?
ACTING PRESIDENT GRIFFO:Phenomenal. You're always very succinct.
SENATOR MAZIARZ:I vote in the affirmative, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Maziarz to be recorded in the affirmative. And you're still under the two minutes.
Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1347, by Senator Carlucci, Senate Print 4499, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect August 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Robach to explain his vote.
SENATOR ROBACH:Yes, Mr. Speaker -- I mean Mr. President. Freudian slip.
Very quickly, I understand the intent of this bill. But I'm going to vote no because I think that with everything that's going on in schools and everything else, that the age limit of going to fourth grade is a little bit too young for this.
And I think that literally you will be introducing some people to the concept of gaming that may not even know about it unless they're taught in school.
And oftentimes I hear parents say to me "Why aren't we focusing on the basics?" And so I just have some concern with the age level of this going down to fourth grade.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Robach to be recorded in the negative.
Senator Young to explain her vote.
Again, I ask for order in the chamber.
Senator Young.
SENATOR YOUNG:Thank you, Mr. President, to explain my vote.
I commend the sponsor of this legislation. And I understand his intention, which is very good. I think that maybe we should take a look at the age ranges that they have in this legislation.
So for now, I'm going to be voting aye, but hopefully we can continue to work with the sponsor possibly to make some tweaks to the legislation. So I'll be voting in the affirmative.
ACTING PRESIDENT GRIFFO:Senator Young to be recorded in the affirmative.
Senator Diaz to explain his vote.
SENATOR DIAZ:Thank you, Mr. President.
I am not intending to follow Senator Krueger, but I would say that nowadays, based on what Senator Robach said, nowadays what you're teaching children, even to give a pill to do abortion -- and to do worse things -- I think that Senator Carlucci is having something worth looking at, to teach and prevent our youth of something called gambling.
And, Senator Robach, I understand what you're saying. But remember -- and again, I'm going to repeat -- that they are teaching in our schools to our children worse things than to prevent them -- than to teach them to avoid gambling.
So, Senator Carlucci, thank you very much for this bill. It's a good bill. And I am voting in favor, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Diaz to be recorded in the affirmative.
Senator Marcellino to explain his vote.
SENATOR MARCELLINO:Mr. President, I commend my colleague Senator Carlucci for this concept in the bill.
I would be happy to work with him. Perhaps we could hone it a little bit and fix it and correct it. But I think it's well intended. I think it sends the message to our young people that gambling isn't the greatest thing in the world and they should perhaps look at other avenues to get their fun and their recreation.
My initial instinct was to vote no, but on reconsideration I change my vote to aye.
ACTING PRESIDENT GRIFFO:Senator Marcellino to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1347, those recorded in the negative are Senators Ball, Breslin, Dilan, Felder, Fuschillo, Gianaris, Gipson, Hassell-Thompson, Hoylman, Kennedy, Krueger, Latimer, Martins, Montgomery, O'Brien, Parker, Peralta, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins, Tkaczyk and Zeldin.
Ayes, 36. Nays, 25.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of the supplemental calendar.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Mr. President, can we go back to motions, please.
ACTING PRESIDENT GRIFFO:We'll return to motions and resolutions.
SENATOR LIBOUS:On behalf of Senator LaValle, I want to call up his bill, Senate Print 4104, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 1191, by Senator LaValle, Senate Print 4104, an act to amend the Town Law.
SENATOR LIBOUS:Mr. President, I move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
SENATOR LIBOUS:Mr. President, I offer up the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
Senator Libous.
SENATOR LIBOUS:Mr. President, on behalf of Senator Young, on page 18 I offer the following amendments to Calendar Number 474, Senate Print 4395, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR LIBOUS:Mr. President, is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR LIBOUS:There being no further business at the desk, Mr. President, I move that the Senate adjourn until Thursday, June 13th, at 11:00 a.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Thursday, June 13th, at 11:00 a.m.
Senate adjourned.
(Whereupon, at 5:50 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.