Gaveled in 11:58 AM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 13, 2013
11:58 a.m.
REGULAR SESSION
SENATOR DAVID J. VALESKY, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT VALESKY:The Senate will come to order.
I ask everyone present to please rise and recite with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT VALESKY:With us today to offer an invocation is Rabbi David Berkman, from the New City Jewish Center in New City.
RABBI BERKMAN:Thank you.
Good morning, ladies and gentlemen. And I want to thank Senator Carlucci for inviting me and giving me this great honor to be here with you this morning.
I will not be invoking God's blessing for rain this morning, as we are already covered, literally. But I will share with you an important lesson from last Sabbath's scriptural reading, the parsha.
Returning to the Book of Numbers, we find the famous narrative of Korach's rebellion. Like Moses and Aaron, Korach is a fellow Levite. He argues with Moses and Aaron, accusing them of taking too much power for themselves. He says: "All of the nation is holy, and God lives among all of us. Who puts you above others?"
And as a result of his rebellion, Korach and his followers suffer a terrible fate as they are swallowed up by the earth.
The rabbis of our tradition ask the question, What is it about Korach's complaint, his argument, that warranted such a terrible punishment, such a terrible end? After all, we are a people who regularly engage in debate, and the Bible is full of stories of dissent and disagreement. And the canon of our entire Talmud is a collection of discussions and arguments between the ancient sages seeking to understand the true meaning of the law. What was different for Korach?
The difference, the rabbis suggest, was that Korach had another agenda. He was not interested in finding a higher truth, he was not interested in improving the lot of his people, he was driven by one thing only. He was driven by jealousy.
The Mishnah, or oral law, teaches us that there two different kinds of disagreements. One is the disagreement between sages that reflect their effort to arrive at an understanding of true meaning of God's word, and these disagreements are deemed l'shem shamayim, "for the sake of heaven." What was an example of the argument that was not l'shem shamayim, asks the Mishnah rhetorically. It was Korach's rebellion.
Ladies and gentlemen, we look to you, we depend on you to lead the people of this great State of New York as you engage in the discussions and the sharing of ideas and perspectives that make this country the greatest democracy in the world.
As you debate and argue, and at times with great passion, may you always remember your mission. May God grant you the wisdom and, most of all, may God grant you the courage to ensure that all of your discussions are oriented to finding the truth and making our State of New York a greater place to live.
May all of your deliberations be l'shem shamayim, for the sake of heaven.
Amen.
ACTING PRESIDENT VALESKY:The reading of the Journal.
The Secretary will read.
THE SECRETARY:In Senate, Wednesday, June 12th, the Senate met pursuant to adjournment. The Journal of Tuesday, June 11th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT VALESKY:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 6, Senator Maziarz moves to discharge, from the Committee on Transportation, Assembly Bill Number 2024A and substitute it for the identical Senate Bill Number 1095A, Third Reading Calendar 136.
On page 6, Senator Valesky moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 2888 and substitute it for the identical Senate Bill Number 2587, Third Reading Calendar 149.
On page 7, Senator Golden moves to discharge, from the Committee on Housing, Construction and Community Development, Assembly Bill Number 4874A and substitute it for the identical Senate Bill Number 3754B, Third Reading Calendar 175.
On page 13, Senator Little moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 4963 and substitute it for the identical Senate Bill Number 3182, Third Reading Calendar 380.
On page 40, Senator Golden moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 7125 and substitute it for the identical Senate Bill Number 4070, Third Reading Calendar 937.
On page 53, Senator Hannon moves to discharge, from the Committee on Health, Assembly Bill Number 6724B and substitute it for the identical Senate Bill Number 5539, Third Reading Calendar 1172.
On page 57, Senator Serrano moves to discharge, from the Committee on Rules, Assembly Bill Number 2425 and substitute it for the identical Senate Bill Number 1030, Third Reading Calendar 1304.
On page 57, Senator LaValle moves to discharge, from the Committee on Transportation --
SENATOR LIBOUS:Mr. President, I can't hear. There's a lot of stuff going on here today.
ACTING PRESIDENT VALESKY:Let's keep the stuff to a minimum.
The Secretary will continue.
THE SECRETARY:On page 57, Senator LaValle moves to discharge, from the Committee on Transportation, Assembly Bill Number 1457 and substitute it for the identical Senate Bill Number 1855, Third Reading Calendar 1309.
On page 61, Senator O'Mara moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 6687 and substitute it for the identical Senate Bill Number 4662, Third Reading Calendar 1350.
On page 63, Senator Larkin moves to discharge, from the Committee on Local Government, Assembly Bill Number 6648 and substitute it for the identical Senate Bill Number 5642, Third Reading Calendar 1370.
On page 63, Senator Martins moves to discharge, from the Committee on Education, Assembly Bill Number 6708 and substitute it for the identical Senate Bill Number 5646, Third Reading Calendar 1371.
And on page 63, Senator Valesky moves to discharge, from the Committee on Commerce and Economic Development, Assembly Bill Number 7483 and substitute it for the identical Senate Bill Number 5659, Third Reading Calendar 1372.
ACTING PRESIDENT VALESKY:Substitutions ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Mr. President, at this time could we adopt the Resolution Calendar, with the exception of Resolution Number 2243.
ACTING PRESIDENT VALESKY:All in favor of adopting the Resolution Calendar, with the exception of Resolution 2243, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:The Resolution Calendar is adopted.
SENATOR LIBOUS:Mr. President, unfortunately it's that time of year and I have a number of motions that I need to read.
On behalf of Senator Marcellino, Mr. President, I move to amend Senate Bill 3812A by striking out the amendments made on May 20th and restoring it to its original print, 3812.
ACTING PRESIDENT VALESKY:So ordered.
SENATOR LIBOUS:On behalf of Senator Martins, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Print 5674.
ACTING PRESIDENT VALESKY:So ordered.
SENATOR LIBOUS:On behalf of Senator Lanza, on page 8 I offer the following amendments to Calendar Number 198, Senate Print 3702A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:So ordered.
SENATOR LIBOUS:On behalf of Senator Fuschillo, on page 29 I offer the following amendments to Calendar 799, Senate Print 4862A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:On behalf of Senator Felder, on page 49 I offer the following amendments to Calendar Number 1118, Senate Print 5369, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:On behalf of Senator Golden, on page 51 I offer the following amendments to Calendar Number 1148, Senate Print 3536A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:On behalf of Senator LaValle, on page 55 I offer the following amendments to Calendar Number 1255, Senate Print 3643, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:And last but not least, on behalf of Senator Flanagan, on page 58 I offer the following amendments to Calendar Number 1317, Senate Print 2450, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:Mr. President, at this time Senate Resolution 2243 is at the desk. I believe we will read its title only and then call on Senator Kennedy.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2243, by Senator Kennedy, mourning the death of Leonard Szymanski, former Mayor of Sloan, New York.
ACTING PRESIDENT VALESKY:Senator Kennedy on the resolution.
SENATOR KENNEDY:Thank you very much, Mr. President.
I rise today with a sad and heavy heart. On May 27th, Leonard Szymanski, former mayor of the Village of Sloan, passed away.
If all politics truly are local, then Len had it figured out. Mayor Szymanski was a hardworking blue-collar family man his entire life. Whether it was as an ironworker in Cheektowaga or as part of the Niagara Frontier Transportation Authority, you could always count on Mayor Szymanski to be a hard worker.
His tireless work ethic was the reason he was so beloved by his constituency and also the reason I looked up to him as a colleague and as a friend.
It wasn't only his hard work that made him likable, but his dedication to community service as well.
Len Szymanski was born in 1935 and attended Seneca Vocational School and later Canisius College. He founded Cheektowaga Airlanes Football in 1970 and directed Cheektowaga South Side Little League, both of which showed a dedication to the youth of our community. Len coached Depew Legion baseball as well as an All-Star team that was one win away from the New York State championship.
Service to the church was also a large part of Len Szymanski's life. He was a regular volunteer at St. Andrew's Catholic Church, serving as a lawn fete volunteer and as an usher. He was also the social chairman for the Holy Name Society. As a member of the Knights of Columbus, he rose to be a fourth-degree member.
Len was also a two-term Village of Sloan trustee and later went on to be mayor. As mayor, Len rebuilt Wrazen Park and started a concert series in the Sloan parks. He showed dedication and commitment to our first responders by making improvements and investments into the fire stations, fire hall and community center, helping to secure new equipment.
Len Szymanski will always be remembered as someone who dedicated himself to public service and strived to make a difference. The difference was made not just in the Village of Sloan but in the lives of those who were around him, from the kids who can play football because he established the local football league, to all players he coached, to all the village firemen who he supported, and to all the residents who he firmly stood with to keep Sloan an incorporated village.
Len will truly be missed by his family, his friends, his village, town and all of Western New York. Leonard Szymanski's life of service and dedication is one to be commended, and he will not be forgotten by anyone who had the great pleasure of knowing him.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Thank you, Senator Kennedy.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
At this time I'd like to have the reading of the noncontroversial calendar.
ACTING PRESIDENT VALESKY:The Secretary will read the noncontroversial calendar.
THE SECRETARY:Calendar Number 99, by Senator Maziarz, Senate Print 1186B, an act to amend the State Finance Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall tak cvE effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 136, substituted earlier by Member of the Assembly Schimminger, Assembly Print Number 2024A, an act to amend the Highway Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 149, substituted earlier by Member of the Assembly Magee, Assembly Print Number 2888, an act granting.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 175, substituted earlier by Member of the Assembly Wright, Assembly Print Number 4874A, an act to amend the Public Housing Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect June 1, 2013.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Krueger to explain her vote
SENATOR KRUEGER:Thank you, Mr. President.
While this bill does not go as far as I wish it would in redefining the New York City Housing Authority Board, it is an amended version of the bill, and the advocacy community in New York City, who had been opposed to the earlier version, have withdrawn their opposition.
So I am voting yes in hopes that perhaps next year, under a new mayor, we may in fact go further in improving the Housing Authority Board for New York City.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger in the affirmative.
Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President.
I concur with Senator Krueger and wanted to commend Senator Golden for working with the advocates and improving the first draft of this bill.
I do believe changes can be made in the future, such as requiring the City Council of New York to confirm appointments and have certain standards for the other appointments to the NYCHA Board. But I'll be voting yes, in the hopes that we'll get improvements to the organization of NYCHA in the future.
Thank you.
ACTING PRESIDENT VALESKY:Senator Hoylman in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 175, those recorded in the negative are Senators Addabbo, Avella, Ball, Dilan, Gipson, Hassell-Thompson, Kennedy, Montgomery, Peralta, Perkins and Serrano.
Ayes, 48. Nays, 11.
ACTING PRESIDENT VALESKY:The bill is passed.
(Pause.)
ACTING PRESIDENT VALESKY:Announce the results again on Calendar Number 175.
THE SECRETARY:In relation to Calendar 175, those recorded in the negative are Senators Addabbo, Avella, Ball, Carlucci, Dilan, Gipson, Hassell-Thompson, Kennedy, Klein, Montgomery, Peralta, Perkins, Savino and Serrano. Also Senator Sanders.
Ayes, 44. Nays, 15.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 180, by Senator Valesky, Senate Print 2170B, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 180, those recorded in the negative are Senators Espaillat, Hoylman, LaValle and Serrano.
Ayes, 55. Nays, 4.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 212, by Senator Zeldin, Senate Print 2926B, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 380, substituted earlier by Member of the Assembly Stec, Assembly Print Number 4963, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 414, by Senator Ball, Senate Print 2287A, an act to amend the Insurance Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of January.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Ball to explain his vote.
SENATOR BALL:Just very briefly, this is an extremely important piece of legislation.
I have a young girl in my the district named Hannah Devane. She has eosinophilic disease. Quickly, to tell you the story, her parents were completely covered by insurance. Her body actually rejects food as a pathogen. She has violent reactions. She has a life-sustaining formula that that insurance company refused to cover. The bureaucrat on the other end of the phone said to the mother, "If you put a feeding tube in your daughter, maybe we will consider covering it."
I thank you for supporting this piece of legislation, and I hope to God this is the year we get it done in the New York State Assembly.
Thank you.
ACTING PRESIDENT VALESKY:Senator Ball recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 573, by Senator Maziarz, Senate Print 1122B, an act to amend the Public Officers Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 646, by Senator Fuschillo, Senate Print 770B, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 663, by Senator Griffo, Senate Print 3469A, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 677, by Senator Young, Senate Print 5082, an act to amend the Private Housing Finance Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 703, by Senator Maziarz, Senate Print 4948A, an act to amend the Public Authorities Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Gipson to explain his vote.
SENATOR GIPSON:Thank you, Mr. President.
This is a good bill because it's actually requiring the New York State Power Authority to do an audit to make sure that the power that they are providing is being used in the most efficient way. I think it's actually a very good idea and could actually stand to save the state a great deal of money.
The problem is that the receivers of much of this power are local governments. In my district alone -- I think this is probably the case throughout the state -- I have a lot of small towns and small villages that oftentimes are run by maybe one staff person, maybe two, some of them part-time.
In the process of requesting this audit, they're going to ask these local governments to provide a great deal of documentation which these staff members will have to provide time in digging through their files to find the actual documents. This is very likely to create overtime situations, which will be an extra cost to that local government.
It also is requesting that the New York State Power authority seek witnesses from these local governments. So employees of the local governments would have to go testify before a panel, I assume. And the time that they spend away from work and the cost of that travel would also be an expense to local government.
So in both of those cases, those two issues in terms of the document research and the witnesses, there's no appropriation for those items to be funded. So it's clearly an unfunded mandate. And so I'm going to be voting for it, and I thank you for this time.
ACTING PRESIDENT VALESKY:Senator Gipson --
SENATOR GIPSON:I'm sorry, I'm going to be voting against it. I'm sorry, I'm in the negative.
(Laughter.)
ACTING PRESIDENT VALESKY:Senator Gipson in the negative.
Announce the results.
THE SECRETARY:Ayes, 58. Nays, 1. Senator Gipson recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 877, by Senator Carlucci, Senate Print 4635, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 879, by Senator Valesky, Senate Print 4651, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 927, by Senator Young, Senate Print 5247 --
SENATOR LIBOUS:Mr. President, would you lay that aside temporarily.
ACTING PRESIDENT VALESKY:Calendar Number 927 is temporarily laid aside.
THE SECRETARY:Calendar Number 936, by Senator Larkin, Senate Print 3775, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 937, substituted earlier by Member of the Assembly Abbate, Assembly Print Number 7125, an act to amend the Civil Service Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 938, by Senator Marchione, Senate Print 4389, an act in relation to allowing.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Lanza recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 939, by Senator Skelos, Senate Print 4800, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 943, by Senator Ball, Senate Print 5239, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 944, by Senator LaValle, Senate Print 5266, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Lanza recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 946, by Senator O'Mara, Senate Print 5612, an act in relation to granting.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1008, by Senator DeFrancisco, Senate Print 5200A, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 1008, those recorded in the negative are Senators Avella, Ball, Dilan, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Montgomery, Peralta, Perkins, Rivera, Sanders, Savino, Serrano, Squadron and Stavisky.
Ayes, 43. Nays, 16.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1009, by Senator Nozzolio, Senate Print 5209, an act to amend the State Finance Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 1009, those recorded in the negative are Senators Avella, Ball, Dilan, Espaillat, Gianaris, Gipson, Hassell-Thompson, Hoylman, Kennedy, Krueger, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky.
Ayes, 43. Nays, 16.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1049, by Senator Little, Senate Print 3735, an act to direct the Civil Service Commission.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1071, by Senator O'Brien, Assembly Print Number 5298A, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1122, by Senator Klein, Senate Print 2447, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1146, by Senator Griffo, Senate Print 5493, an act to amend the Education Law.
SENATOR LIBOUS:Lay the bill aside for the day.
ACTING PRESIDENT VALESKY:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1153, by Senator Griffo, Senate Print 3559, an act to amend the Banking Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 3. Senators Hassell-Thompson, Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1166, by Senator Hannon, Senate Print 4509, an act to amend the Social Services Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1167, by Senator Hannon, Senate Print 4515, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1169, by Senator Savino, Senate Print 5185A, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first day of the 18th month.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1170, by Senator Lanza, Senate Print 5502A, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1171, by Senator Hannon, Senate Print 5534A, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1172, substituted earlier by Member of the Assembly Gottfried, Assembly Print Number 6724B, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1188, by Senator Valesky, Senate Print 3701, an act in relation to qualifying.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1196, by Senator LaValle, Senate Print 4418A, an act authorizing.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1220, by Senator Libous, Senate Print 973, an act to amend the Highway Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1228, by Senator Griffo, Senate Print 1963, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of July.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1238, by Senator Larkin, Senate Print 2276, an act to amend the Uniform City Court Act.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1250, by Senator Krueger, Senate Print 3145, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 365th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1263, by Senator Marcellino, Senate Print 3854, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect April 1, 2014.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1272, by Senator DeFrancisco, Senate Print 4170A, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, this bill corrects a real problem that our military men experience presently.
If the military person actually is a resident of the state and as a resident of this state leaves to be stationed somewhere else and buys a car in another state, pays whatever tax there upon registration -- the titling of the vehicle, if he buys the car there -- comes back to New York State, he's still required, since he's always been a resident of the state, to pay on retitling another charge for the same vehicle.
This we thought was unfair, especially since the serviceperson is actually helping us and protecting us, for him to have a double taxation. This bill corrects that.
I vote aye.
ACTING PRESIDENT VALESKY:Senator DeFrancisco in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1288, by Senator Tkaczyk, Senate Print 5230A, an act in relation to.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 2. Senators Ball and Lanza recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1291, by Senator Marcellino, Senate Print 5312, an act authorizing.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 13. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1292, by Senator DeFrancisco, Senate Print 5353A, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1293, by Senator Flanagan, Senate Print 5363, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Avella recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1302, by Senator DeFrancisco, Senate Print 563, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Sanders recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1303, by Senator Martins, Senate Print 933A, an act to amend the General Business Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 2. Senators Gallivan and Lanza recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1304, substituted earlier by Member of the Assembly Cook, Assembly Print Number 2425, an act to amend the Economic Development Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:the bill is passed.
THE SECRETARY:Calendar Number 1305, by Senator Ranzenhofer, Senate Print 1213, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1307, by Senator Marcellino, Senate Print 1508, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 1307, those recorded in the negative are Senators Dilan, Espaillat, Gianaris, Hoylman, Krueger, Montgomery, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky.
Ayes, 46. Nays, 13.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1308, by Senator Grisanti, Senate Print 1671A, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Grisanti to explain his vote.
SENATOR GRISANTI:Yes, briefly, Mr. President. Thank you very much.
This legislation passed last year. It offers a tax credit on 20 percent of the cost of asbestos remediation. It caps it at a maximum benefit of a million dollars.
I know it's a fiscal hit to the state, but when you have blight in your communities, in the poorer neighborhoods of buildings that have been dilapidated for years, it's a disincentive for developers to go in and try to do any of the work to get that property back on the tax roll because of asbestos remediation because the cost is so high.
So for those of you that don't like the bill, that apparently you like blight in your neighborhoods and you like to have buildings stay there -- most asbestos projects take place, as I said, in older neighborhoods, and this legislation leads to reducing the blight and the abandonment and putting these properties back on the market and back on the tax rolls.
I vote aye, Mr. President.
ACTING PRESIDENT VALESKY:Senator Grisanti in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I appreciate the sponsor's explanation of his vote.
I find myself voting no. One, this is a refundable tax credit. Even businesses who don't owe the State of New York any money would get a tax credit back for doing work that is actually required under the law and has been for many years.
It's also just one of the many bills today I am voting no on but perhaps not explaining my vote because they're new additional reductions of revenue to the State of New York or new costs to the State of New York during the budget year.
Yesterday I was asked to vote on a budget cap and asked what would we cut out of the budget to meet that budget cap. Today we're passing bills that would even further break the budget cap if it had been in existence. I think we should do budget and tax bills within the actual budget.
Thank you, Mr. President. I vote no.
ACTING PRESIDENT VALESKY:Senator Krueger in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1308, those recorded in the negative are Senators Addabbo, Avella, Krueger, Montgomery, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky.
Ayes, 48. Nays, 11.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1309, substituted earlier by Member of the Assembly Thiele, Assembly Print Number 1457, an act to amend the Public Authorities Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Maziarz recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1310, by Senator Bonacic, Senate Print 1882, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1313, by Senator Griffo, Senate Print 1961A, an act to establish.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
SENATOR LIBOUS:Just one second.
Would you recall that, please.
ACTING PRESIDENT VALESKY:Withdraw the roll call.
SENATOR LIBOUS:Withdraw the roll call on that and lay it aside.
ACTING PRESIDENT VALESKY:The roll call is withdrawn on Calendar Number 1313.
The bill is laid aside for the day, Senator Libous?
SENATOR LIBOUS:Yeah, lay it aside for the day.
ACTING PRESIDENT VALESKY:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1314, by Senator Klein, Senate Print 2251, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 2. Senators Krueger and Montgomery recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1315, by Senator Lanza, Senate Print 2298, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 3. Senators Hassell-Thompson, Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1316, by Senator Adams, Senate Print 2416, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 3. Senators Maziarz, Nozzolio and Seward recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1318, by Senator Lanza, Senate Print 2482, an act to amend the Public Authorities Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55. Nays, 4. Senators Dilan, Hoylman, Perkins and Squadron recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1319, by Senator Ball, Senate Print 2578, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 2. Senators Hassell-Thompson and Montgomery recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1320, by Senator Martins, Senate Print 2597, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1321, by Senator Young, Senate Print 2688, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 3. Senators Espaillat, Hoylman and Serrano recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1322, by Senator DeFrancisco, Senate Print 2908, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1323, by Senator DeFrancisco, Senate Print 3069A, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 545th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1324, by Senator Griffo, Senate Print 3106, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1324, those recorded in the negative are Senators Carlucci, DeFrancisco, Hassell-Thompson, Krueger, Montgomery and Perkins.
Ayes, 53. Nays, 6.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1326, by Senator Klein, Senate Print 3407A, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes 58. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1327, by Senator Lanza, Senate Print 3622, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1328, by Senator Ritchie, Senate Print 3694, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1329, by Senator DeFrancisco, Senate Print 3732, an act to amend the General Municipal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1331, by Senator Young, Senate Print 3848, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 2. Senators Espaillat and Krueger recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1332, by Senator Golden, Senate Print 3867, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 2. Senators DeFrancisco and Krueger recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1333, by Senator Lanza, Senate Print 3965, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 2. Senators Hassell-Thompson and Montgomery recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1335, by Senator DeFrancisco, Senate Print 4067, an act to amend the Social Services Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Gipson to explain his vote.
SENATOR GIPSON:Thank you, Mr. President.
You know, I was just talking to both of my county executives the other day. And they're just continually begging me -- and I have to assume this is happening across the state in all counties -- to not send down any more unfunded mandates. Because of the past unfunded mandates, they've had to drastically cut their social service programs.
As I understand it, this bill will require the county governments to conduct background checks in a way that they are not currently doing so. While that might be a good idea, there doesn't seem to be any allocation here to actually pay for that service.
So this is yet another unfunded mandate on our county governments, and I have to vote against it.
Thank you.
ACTING PRESIDENT VALESKY:Senator Gipson in the negative.
Announce the results.
THE SECRETARY:Ayes, 56. Nays, 3. Senators Gipson, Hassell-Thompson and Montgomery recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1336, by Senator Golden, Senate Print 4071, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I have to disagree with this bill and vote no because it would actually open up to anyone potentially interested in hiring a peace officer the right to unseal court records.
I can understand, when you are applying through a police department for a job or a sheriff's department for a job, that there should be a mechanism to ensure the full information about you is available. But the concept that anyone seeking to hire a peace officer, which in this state could be private companies, schools, hospitals, campuses of colleges, summer resort areas, that they too would have the right to unseal sealed court records in order to determine your eligibility for a job.
I think it goes far beyond what the original intention and purpose of sealing court records to be.
So I strongly urge a no vote because I think the implications are much, much broader than people understand would actually be the case if this were to become law. So I'm hoping people will join me in a no vote.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger in the negative.
Results.
THE SECRETARY:In relation to Calendar Number 1336, those recorded in the negative are Senators Hassell-Thompson, Hoylman, Krueger, Montgomery, Peralta, Perkins and Sanders.
Ayes, 52. Nays, 7.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1337, by Senator Libous, Senate Print 4096, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1338, by Senator Lanza, Senate Print 4157, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1339, by Senator Lanza, Senate Print 4158, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1340, by Senator Lanza, Senate Print 4160A, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1341, by Senator Ritchie, Senate Print 4261, an act to amend the Real Property Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I actually do not have a problem with this house passing a bill that would give localities the option to remove structures and buildings essential to the operation of farms from their property tax rolls.
Where my problem lies is, unlike many of the other bills we pass, there's no local option here. This would be the State of New York telling the localities they must remove from their property tax rolls specific buildings on farms. That is clearly an unfunded mandate. We're taking away their right to collect their taxes, meaning they will likely shift the tax burden to someone else in their towns.
I wish this bill had been written at local option, but it is not. I'll vote no.
Thank you.
ACTING PRESIDENT VALESKY:Senator Krueger in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1341, those recorded in the negative are Senators Avella, Espaillat, Krueger and Sanders.
Ayes, 55. Nays, 4.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1342, by Senator Young, Senate Print 4337A, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect January 1, 2014.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1343, by Senator Gallivan, Senate Print 4344, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1344, by Senator Golden, Senate Print 4390, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Ayes, 58. Nays, 1. Senator Hassell-Thompson recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1345, by Senator Golden, Senate Print 4425, an act to amend the Elder Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1346, by Senator Golden, Senate Print 4447, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1348, by Senator Grisanti, Senate Print 4642, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Grisanti to explain his vote.
SENATOR GRISANTI:Yes, thank you, Mr. President.
You know, I listened to the comments of Senator Krueger, and I understand where her comments are coming from, you know, that this is not something that can take away from the revenue of the state and it should be put in the budget.
The problem is if it's not in the budget, you can't just give up, you've got to keep trying. Last year we passed the historic tax credits that went from $5 million to $12 million, it passed both houses and was vetoed by the Governor.
But, you know, my fellow colleagues, this is the problem. You know, the state can take a fiscal hit, but eventually these properties are going to be back on the tax rolls. And not only are they going to be on the tax rolls, there are going to be people in these buildings, whether it's a housing development or whether a business, are going to be in these buildings, and people are going to move back.
I've seen that myself in Buffalo with numerous projects on the historic tax credits. With the Lafayette Hotel, over 350 construction workers and now there's over 300 people employed there full-time. And it couldn't have been done unless you had these historic tax credits. And it's the same thing also utilizing the asbestos credits from before.
Now we're going to try it again differently, where the cap is going to be increased from $5 million to $7 million to $9 million and then to $12 million, up until the period of 2019.
Now, as I said, I understand what the fiscal hit is going to be. But on the historic tax preservation, you know, to me, when these buildings actually get back on the record and be back on the books and people are working there, it's revenue neutral. So in the beginning you take a hit, but eventually it balances itself out.
I vote aye, Mr. President.
ACTING PRESIDENT VALESKY:Senator Grisanti in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you.
You know, maybe we should have laid the bills aside for debate, because I appreciate so much Senator Grisanti's comments.
The reason I'm voting no on this and I voted no on a previous historic tax credit bill that I believe was by you, Mr. President, was because they both expand on a deal that was made in this state through the Legislature and the Governor without further discussion about the context of if you carve out and allow additional locations that aren't under the existing law, what is the impact, how do you say no to the next 45 when you've approved for one.
How do you recognize that tax exemptions can grow like corn with the size of them, the amount of money lost to the state by them, without an evaluation?
I actually don't disagree that there are good tax exemptions that are important and can be a win for the state. But I believe that each of these types of tax exemptions and refundable credits should be evaluated more carefully in the context of would the activity really not take place for this specific situation, how much is it going to cost the state, why are we making the decision on this property but not on this property.
I think all tax credits and exemptions should have a much more careful standardized review and even sunsets.
And so my disagreement is not with the concept of historic preservation tax credits but rather on the speed by which they would grow under this bill. So I'll be voting no.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger in the negative.
Announce the results.
THE SECRETARY:Ayes, 58. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1349, by Senator Valesky, Senate Print 4652, an act to amend the General Business Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2014.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1350, by Member of the Assembly Lifton, Assembly Print Number 6687, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1351, by Senator Golden, Senate Print 4664A, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
Judges currently have broad discretion in determining sentences for incarceration. And I believe that it makes sense to extend this discretion to probation determinations. Therefore, I am supporting this bill.
I guess my only concern is that the bill also does not require -- it eliminates the requirement for pre-sentence investigation for cases that result in a negotiated jail sentence of one year or less.
And I just need to be sure that the courts will continue to be allowed -- even though the presentence investigation requirement is not available, that it remains accessible and can be used on the part of defense attorneys or the prosecutor if at such time this is deemed appropriate.
So the fact that the court still has the option to order this preinvestigation report, and the fact that the defense and prosecution attorneys can continue to produce them when appropriate, assures me that by removing this requirement it will not compromise a fair administration of justice.
So therefore I will be voting in the positive for this bill, Mr. President.
Thank you.
ACTING PRESIDENT VALESKY:Senator Hassell-Thompson in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1352, by Senator Stewart-Cousins, Senate Print 4888, an act to authorize.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1353, by Senator Carlucci --
SENATOR LIBOUS:Lay the bill aside for the day.
ACTING PRESIDENT VALESKY:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1354, by Senator Gallivan, Senate Print 5091, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Gipson recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1355, by Senator DeFrancisco, Senate Print 5119, an act providing.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Martins recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1356, by Senator Flanagan, Senate Print 5122, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1357, by Senator Little, Senate Print 5140, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1358, by Senator Nozzolio, Senate Print 5143, an act to authorize.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1360, by Senator Ball, Senate Print 5207, an act in relation to allowing.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1360: Ayes, 58. Nays, 1. Senator Felder recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1361, by Senator Flanagan, Senate Print 5252, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1362, by Senator Flanagan, Senate Print 5383, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1363, by Senator Ritchie, Senate Print 5423, an act to amend the Correction Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 1363, those recorded in the negative are Senators Hassell-Thompson, Montgomery and Perkins.
Ayes, 56. Nays, 3.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1364, by Senator Flanagan, Senate Print 5452, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect July 1, 2013.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Carlucci to explain his vote.
SENATOR CARLUCCI:I want to thank Senator Flanagan for bringing this important bill to the floor. The Gap Elimination Adjustment has probably been one of the largest single reasons that many districts around our state are facing deficits.
I'm looking forward to seeing this bill pass, that we can finally eliminate and phase out the Gap Elimination Adjustment. I think that will do a tremendous amount of good to school districts around the state and want to thank my fellow Senators for passing this important legislation.
ACTING PRESIDENT VALESKY:Senator Carlucci in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
Well, this is certainly the feel-good bill of the day. Who wouldn't want to put another $570 million into the school systems and public education? Well, the dilemma is, again, it's feel-good. Everybody wants to eliminate the gap.
But unless we come up with an additional $570 million in this year in 2014-2015, $540 million in 2015-2016, and $540 million in 2016-2017, the bill actually needs to explain where we're cutting that money out of the budget because it's not creating new money or appropriating new money, it's just saying we're going to shift some of the money that's going to schools somewhere to do this.
This is the ultimate example of why we are accused of not being reality-based. We are accused of spending money without explaining where it's going to come from.
Senator Robach yesterday had his gap elimination bill. We could never do this under gap elimination. We could take a responsible position that as much as we want to throw another $500 million a year into education without actually explaining where we're getting it, that we're supposed to be responsible legislators and not vote for bills that we can't account for the money, where it's coming from and who is losing it in exchange.
I must vote no, as much as I would love to give education another half a billion dollars per year.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger in the negative.
Senator Flanagan to explain his vote.
SENATOR FLANAGAN:Thank you, Mr. President.
I wasn't going to explain my vote until I just heard the explanation from Senator Krueger. And this is not a feel-good bill. And in fact it is reality-based. So to suggest to the contrary I think is divorced from reality itself.
Any one of our colleagues, no matter what part of this state you're from, the one thing that we've heard more about in the financing of education is getting rid of the Gap Elimination Adjustment. I have traveled all across the state, met with school districts everywhere. This is the number-one priority.
Ultimately it might make people feel good, but it is based in reality. And it is not unreasonable to assume that this could be done within three years, because this year we put almost a billion dollars new money into education, last year over $750 million.
This is a responsible bill that indicates the wishes and desires and the realities of school districts all across the State of New York. And I am absolutely going to vote in favor of this bill.
ACTING PRESIDENT VALESKY:Senator Flanagan in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1364, those recorded in the negative are Senators Avella, Espaillat, Hoylman, Krueger, Montgomery, Perkins, Sanders, Serrano and Stavisky. Also Senator Rivera.
Ayes, 49. Nays, 10.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1366, by Senator Valesky, Senate Print 5552A, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 2. Senators Espaillat and Sanders recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1367, by Senator Breslin, Senate Print 5564A, an act granting.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1368, by Senator Breslin, Senate Print 5565A, an act granting.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1369, by Senator Breslin, Senate Print 5566A, an act granting.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1370, substituted earlier by Member of the Assembly Zebrowski, Assembly Print 6648, an act authorizing.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1371, substituted earlier by Member of the Assembly Benedetto, Assembly Print Number 6708, an act to amend Chapter 618 of the Laws of 1998.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1372, substituted earlier by Member of the Assembly Gjonaj, Assembly Print Number 7483, an act to amend the Economic Development Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, are we complete with the noncontroversial calendar?
ACTING PRESIDENT VALESKY:We had a bill by Senator Young that was laid aside temporarily. Are we returning to that bill?
SENATOR LIBOUS:Yes, we're going to lay that aside for the day.
ACTING PRESIDENT VALESKY:Senator Young's bill is laid aside for the day.
We've now completed the noncontroversial reading of the calendar.
Senator Libous.
SENATOR LIBOUS:Okay, thank you, Mr. President.
I believe we go back to motions. Senator Gianaris has a motion, and then I have several motions.
ACTING PRESIDENT VALESKY:Returning to motions and resolutions.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Kennedy, on page number 45 I offer the following amendments to Calendar Number 1035, Senate Print 5441A, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT VALESKY:So ordered.
Senator Libous.
SENATOR LIBOUS:Mr. President, one second, please.
(Pause.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:I do have some amendments.
ACTING PRESIDENT VALESKY:You may proceed.
SENATOR LIBOUS:On behalf of Senator Skelos, I wish to call up his bill, Print Number 5069, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 625, by Senator Skelos, Senate Print 5069, an act to amend the Domestic Relations Law.
SENATOR LIBOUS:I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT VALESKY:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
SENATOR LIBOUS:I offer up the following amendments.
ACTING PRESIDENT VALESKY:The amendments are received.
SENATOR LIBOUS:On behalf of Senator Marcellino, Mr. President, I wish to call up his bill, Print 5182, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 1065, by Senator Marcellino, Senate Print 5182, an act to authorize.
SENATOR LIBOUS:I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT VALESKY:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
SENATOR LIBOUS:I offer up the following amendments.
ACTING PRESIDENT VALESKY:The amendments are received.
SENATOR LIBOUS:On behalf of Senator Boyle, Mr. President, on page 5 I offer the following amendments to Calendar Number 72, Senate Print 2121, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on Third Reading Calendar.
SENATOR LIBOUS:On behalf of Senator DeFrancisco, Mr. President, on page 53 I offer the following amendments to Calendar Number 1190, Senate Print 3852, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on Third Reading Calendar.
SENATOR LIBOUS:And on behalf of Senator Golden, on page 55 I offer the following amendments to Calendar Number 1273, Senate Print 4174, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendment are received, and the bill will retain its place on Third Reading Calendar.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:We will not adjourn. We're going to stand at ease. But members should know that they're dismissed because our business is concluded. We're just waiting for some work to be completed at the desk.
But I will make the announcement, although we're not adjourning, that we will convene on Monday, June 17th, at 2:00 p.m.
So the Senate is not adjourning, it's just standing at ease, but members are free to do what they need to do at this point in time.
ACTING PRESIDENT VALESKY:The Senate will stand at ease temporarily.
(Whereupon, the Senate stood at ease at 1:16 p.m.)
(Whereupon, the Senate reconvened at 2:02 p.m.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Could we return to motions quickly.
ACTING PRESIDENT VALESKY:Motions and resolutions.
SENATOR LIBOUS:On behalf of Senator Hannon, on page 52 I offer the following amendments to Calendar Number 1165, Senate Print 3944, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:Mr. President, is there any further business at the desk?
ACTING PRESIDENT VALESKY:There is none.
SENATOR LIBOUS:Thank you, Mr. President.
There being no further business at the desk, I move that the Senate adjourn until Monday, which is going to be June 17th, at 2:00 p.m., intervening days being legislative days.
ACTING PRESIDENT VALESKY:On motion, the Senate stands adjourned until Monday, June 17th, at 2:00 p.m., intervening days being legislative days.
(Whereupon, at 2:03 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.