Gaveled in 11:35 AM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 20, 2013
11:35 a.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 rise and join with us as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:Today's invocation will be offered by Pastor Fitz Moodie, of the New Life Pentecostal Church in Spring Valley.
Pastor?
PASTOR MOODIE:First I want to say thank you to Senator David Carlucci for inviting us here this day.
I would like to ask if you will bow your heads while I pray.
Father and God, I'm so thankful unto You for this opportunity, God, to stand here in the midst of your people. God, thank You, O God, for the knowledge of the man that invited us to come to pray. And, Lord, I'm looking to You that You will hear us today.
This is a new day. We come to a time, O God, actually the last moment when this Senate will sit. And, O God, You have taken it through days, months. God, You have appointed men and women for this task. God, men that You have placed on them the responsibility to look out for the people of this state.
But, Lord, more than just this state, because they go beyond New York but also this world. Men of integrity, men of strength, men that will make the way possible for the young people of this hour. Men and women that will see to it that this state is one of the best places that anyone will ever live.
Thank You, God, for these men. Thank You, God, for these women. God, I look to You, Lord, that it's come to this stage of the Senate where it's possible they might take leave, Lord, to spend time with their family. I pray protection upon them. They might hear things and see things that will change, O God, their perspective. But, O God, I look to You that You give them strength, You give them knowledge, that they will stand to the call that You have given them.
God, they will never falter from the responsibility that they have. But, O God, because of their love for this state and the love for the people in which they govern, God, laws was made by them. Help them to make the right ones.
We are all here, Lord, looking to them. You have chosen men before to lead us. God, You have chosen men like Moses, You have chosen men like David. God, You have chosen men like Solomon, and he said there is time for everything. There is a time and there are moments in our life.
But as I ask You, Lord, for Your covering upon these great men, that the responsibility that lays upon their shoulders, God, from one end of the state to the other, that they realize that there is so much ethnic group that lies on their shoulders that united they will stand, and they will fight for each and every person.
And, O God, that their life will be a light unto many. God, cover them under Your blood. Make nothing come, O God, to allow them to stray from the responsibility that you have given them. They are not just mere men, but they are men that is appointed by You, for Your purpose and for Your will. Thank You, O God, for them. Help them that they will never want for anything because You're going to be there for them. And this state will never be the same because of them.
Let the love of the people of this state, O God, reach in every way. And let there be respect, O God, to them as they will respect us as Your people.
God, help every church, every organization spiritually that we will pray a prayer of victory over them. They are our leaders. You have given them to us to lead. Now, God, I pray, as I ask You to take over and lead them in the path, that this state will forever be New York State, a great place.
Thank you, O God. Bless them, O God. Because we ask all this blessing in Your precious name, Jesus Christ our Lord.
Amen.
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Wednesday, June 19th, the Senate met pursuant to adjournment. The Journal of Tuesday, June 18th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Can I have some order in the chamber.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 14, Senator Zeldin moves to discharge, from the Committee on Rules, Assembly Bill Number 7819 and substitute it for the identical Senate Bill Number 4218, Third Reading Calendar 448.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 16, Senator Gallivan moves to discharge, from the Committee on Transportation, Assembly Bill Number 3598 and substitute it for the identical Senate Bill Number 97, Third Reading Calendar 498.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 19, Senator Zeldin moves to discharge, from the Committee on Rules, Assembly Bill Number 6378B and substitute it for the identical Senate Bill Number 5037B, Third Reading Calendar 622.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 20, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 7166 and substitute it for the identical Senate Bill Number 352, Third Reading Calendar 665.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 23, Senator Martins moves to discharge, from the Committee on Local Government, Assembly Bill Number 7099 and substitute it for the identical Senate Bill Number 4972, Third Reading Calendar 757.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 23, Senator Stewart-Cousins moves to discharge, from the Committee on Rules, Assembly Bill Number 7328A and substitute it for the identical Senate Bill Number 5000A, Third Reading Calendar 758.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 23, Senator Martins moves to discharge, from the Committee on Rules, Assembly Bill Number 7207D and substitute it for the identical Senate Bill Number 5024C, Third Reading Calendar 759.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 35, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 7695 and substitute it for the identical Senate Bill Number 4378, Third Reading Calendar 976.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 36, Senator Hannon moves to discharge, from the Committee on Finance, Assembly Bill Number 1286A and substitute it for the identical Senate Bill Number 2750A, Third Reading Calendar 997.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 38, Senator Carlucci moves to discharge, from the Committee on Local Government, Assembly Bill Number 5677 and substitute it for the identical Senate Bill Number 4973, Third Reading Calendar 1056.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 45, Senator Grisanti moves to discharge, from the Committee on Rules, Assembly Bill Number 1657E and substitute it for the identical Senate Bill Number 3537D, Third Reading Calendar 1251.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 45, Senator LaValle moves to discharge, from the Committee on Rules, Assembly Bill Number 4678A and substitute it for the identical Senate Bill Number 3643A, Third Reading Calendar 1255.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 45, Senator Ball moves to discharge, from the Committee on Rules, Assembly Bill Number 7408 and substitute it for the identical Senate Bill Number 4280, Third Reading Calendar 1276.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 46, Senator Libous moves to discharge, from the Committee on Rules, Assembly Bill Number 7546A and substitute it for the identical Senate Bill Number 5550, Third Reading Calendar 1365.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
Messages from the Governor.
Reports of standing committees.
Report of select committees.
Communications and reports of state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Mr. President, before we do motions and resolutions, I'm going to call an immediate meeting of the Judiciary Committee in Room 332. And then we'll go to motions. And I believe the members that have motions on the floor are not on Judiciary, so we can get those done.
So there will be an immediate meeting of the Judiciary Committee in Room 332.
ACTING PRESIDENT GRIFFO:There's an immediate meeting of the Judiciary Committee in Room 332. All members of the committee should report to 332.
Senator Libous.
SENATOR LIBOUS:Mr. President, at this time I'd like to move to adopt the Resolution Calendar, with the exception of 2671, 2574, and 2656.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar, with the exception of Resolutions Number 2671, 2574, and 2656, indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe you have a resolution at the desk, Number 2598, which is on the Resolution Calendar. We're going to open it up for cosponsorship. If anybody wishes not to be on that resolution, if they could let the desk know, please.
ACTING PRESIDENT GRIFFO:Resolution 2598 is open up for cosponsorship. If you do not want to be a sponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe there's a resolution by Senator Kennedy, Number 2671. Could we read it in its entirety and call on Senator Kennedy, please.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2671, by Senator Kennedy, mourning the death of Joseph G. Reid, distinguished citizen and devoted member of his community.
"WHEREAS, It is with great sorrow and deep regret that this Legislative Body records the passing of Joseph G. Reid, on Monday, June 17, 2013, at the age of 88, noting the significance of his purposeful life and accomplishments; and
"WHEREAS, A World War II veteran, Joseph G. Reid served his country as a member of the United States Army with the 17th Airborne Division; he served in the Battle of the Bulge, and was the recipient of the Bronze Star and two Purple Hearts; and
"WHEREAS, Joseph G. Reid distinguished himself in his profession and by his sincere dedication and substantial contribution to the welfare of his community; and
"WHEREAS, He was a member of the International Brotherhood of Union Carpenters for 36 years, and was a past president of The Blackthorn Club and the Bishop Timon Fathers Club; and
"WHEREAS, Joseph G. Reid was a man of values and commitment whose warm smile and true compassion were generously given for the benefit of his community as well as the quality of life in it; he received the Father of the Year Award from the Holy Name Society of St. Thomas Aquinas, and was a Goin' South Irishman of the Year honoree; and
"WHEREAS, Predeceased by his wife, Mary Catherine Conrad Reid, and nine siblings, Joseph G. Reid is survived by eight children, Kathryn (George) Gould, Michael (Louise) Reid, Raymond (Mary) Reid, Jack (Tracie) Reid, Patrick Reid, Mary Jo (Ed) Hardesty, Suzanne Reid, and Timothy (Caryn) Reid; 20 grandchildren and 10 great-grandchildren; three sisters-in-law, Dolores Reid, Freida Reid and Monica Conrad; and many nieces and nephews; and
"WHEREAS, Armed with a humanistic spirit and imbued with a sense of compassion, Joseph G. Reid leaves behind a legacy which will long endure the passage of time and will remain as a comforting memory to all he served and befriended; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to celebrate the life and contributions of Joseph G. Reid, and to offer its sincere condolences to his family; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the family of Joseph G. Reid."
ACTING PRESIDENT GRIFFO:Senator Kennedy.
SENATOR KENNEDY:Thank you, Mr. President.
Mr. President, may I have some order in the chamber, please.
ACTING PRESIDENT GRIFFO:May we have some order in the chamber.
SENATOR KENNEDY:Thank you, Mr. President.
Today we pause to recognize the life of Joseph Reid, a great, kind man who always put his family first, who always looked out for his neighbors, and who truly cared about his community.
Joe Reid died earlier this week following a brief illness at the age of 88. He was the loving husband of the late Mary Catherine Reid and the father of Michael, Raymond, Jack, Patrick, Suzanne and Timothy Reid, Kathryn Gould and Mary Jo Hardesty. He is also survived by 20 grandchildren and 10 great grandchildren, as well as many nieces and nephews and sisters-in-law Dolores Reid, Freida Reid, and Monica Conrad.
Joe Reid had a big, big family, as you can hear and see. He loved it. He took pride in being a father, a grandfather, and a great-grandfather. He was what Buffalo is all about: Family, friends and neighbors looking out for each other. There's a reason we call Buffalo the City of Good Neighbors, and it's because of people like Joe Reid.
He was committed to his community, and he was a dedicated veteran who served his nation, our nation, valiantly. Joe was a World War II veteran with the United States Army 17th Airborne Division. He served bravely in the Battle of the Bulge, and because of his courageous fight he received the Bronze Star and two Purple Hearts.
After serving in the armed forces, he became a member of the International Brotherhood of Union Carpenters, working in the union for 36 years.
Joe loved his neighborhood and got involved. He was a past president of The Blackthorn Club and the Bishop Timon Fathers Club. He was proud to be honored with the Father of the Year Award from the Holy Name Society of St. Thomas Aquinas Church. And Joe had the unique distinction of earning the Goin' South Irishman of the Year Award.
Joseph Reid was the type of guy Buffalo was known for, a hardworking man who cared about his family more than anything else and always worked to give back to his community, his state, and his nation.
Our thoughts and prayers go out to Joe Reid's family and friends. We thank the Reid family for Joe's many contributions to our community. May he rest in peace.
And, Mr. President, I would ask that this resolution be opened up to cosponsorship by this entire honorable body.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
The sponsor has requested that it be opened for cosponsorship. If you choose not to be a cosponsor of the resolution, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe there's a resolution, Number 2574, at the desk by Senator Gipson. Could you read the title and call on Senator Gipson.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2574, by Senator Gipson, commemorating the 225th Anniversary of New York State's ratification of the United States Constitution.
ACTING PRESIDENT GRIFFO:Senator Gipson.
SENATOR GIPSON:Thank you, Mr. President.
Two hundred twenty-five years ago, our United States Constitution was ratified in my district, at the Dutchess County Courthouse in the City of Poughkeepsie.
For over 225 years, the State of New York has been part of the great American experience. As New Yorkers, our motto is "Excelsior," meaning "ever upward." When we look at our state seal, we can see the center shield, which displays a masted ship, a sloop on the Hudson. These are symbols of commerce and economic activity. We can also see that Justice is blindfolded, holding a sword and a scale, symbolizing impartiality and fairness.
As we celebrate 225 years of progress and achievement, we must honor the sacrifices of the brave New Yorkers who have paid the ultimate sacrifice to protect all of our freedoms. Approximately 54,000 New Yorkers lost their lives during the Civil War to protect our Union and end slavery. This year is the 150th anniversary of the Battle of Gettysburg, where thousands of brave New Yorkers fought. Another 52,000 New Yorkers lost their lives in the Spanish-American War, World War I, World War II, Korea, Vietnam, and the first Persian Gulf War. We've lost many brave men and women in Afghanistan and Iraq.
Thousands of our wounded warriors and their families have given so much of themselves to protect the values of our Constitution so that all of us can live our lives in freedom and in peace.
Our veterans have fought for us time and time again, but we need to do more to fight for them by pursuing greater economic opportunity that levels the playing field so that all New Yorkers can have a chance to pursue prosperity and to realize their dreams.
We can only accomplish this together by rooting out public corruption and committing ourselves to fiscal discipline that puts a priority on making smart investments for the future of New York State and our nation. This work must be done in our villages, our towns, our cities and our counties and also here in New York State government.
As we celebrate the 225th anniversary of the Constitution, we remember the challenges that stood in the way of our progress towards the perfect Union. In the days to come, I hope that the Hudson Valley and all New Yorkers can be emboldened to turn the obstacles that presently lie before us into opportunities for our future success.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Gipson.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe that Resolution 2656 is at the desk, by Senator Gipson. Would you read the title and call on the Senator, please.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:legislative Resolution Number 2656, by Senator Gipson, commemorating August 26, 2013, as National Dog Day.
ACTING PRESIDENT GRIFFO:Senator Gipson.
SENATOR GIPSON:Thank you, Mr. President.
This resolution aims to recognize the thousands of dogs in New York who still need homes, and those who serve our communities, and those dogs that simply make our lives and our families better. By dedicating this day to our beloved companions, we can bring awareness and encourage the adoption of those dogs that need loving owners and a good home.
I also want to recognize the dogs and their handlers who serve our police and armed services and those that assist people with disabilities, making their lives better and safer.
I have introduced a law that would utilize facility dogs to allow for a more efficient, effective and compassionate justice system. Rosie's Law would allow judges the discretion to permit certain witnesses to testify with the assistance of a facility dog.
This resolution, along with my bill, is common-sense legislation that would continue the age-old tradition of caring for man's best friend while recognizing and utilizing their ability to improve our communities.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, we will stand at ease pending the report of the Judiciary Committee.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease pending the report of the Committee on Judiciary.
(Whereupon, the Senate stood at ease at 11:57 a.m.)
(Whereupon, the Senate reconvened at 12:19 p.m.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:Mr. President, there will be an immediate meeting of the Transportation Committee in Room 124.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Transportation Committee in Room 124.
SENATOR LIBOUS:And we'll stand at ease pending the report of the Judiciary Committee.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease pending the report of the Judiciary Committee.
(Whereupon, the Senate stood at ease at 12:20 p.m.)
(Whereupon, the Senate reconvened at 2:24 p.m.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:The Senate will come to order.
SENATOR LIBOUS:Mr. President, we have an active list in front of us dated June 20, 2013. Could we have the noncontroversial reading of the active list at this time.
ACTING PRESIDENT GRIFFO:We will begin the noncontroversial reading of the active list before the Senate.
The Secretary will read.
THE SECRETARY:Calendar Number 57, by Senator Marcellino, Senate Print 1501, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 5. Senators Farley, Little, Marchione, Montgomery and O'Mara recorded in the negative. Also Senator Hassell-Thompson. Also Senator Griffo.
Ayes, 55. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 231, substituted earlier by Member of the Assembly Paulin, Assembly Print 2288A, an act in relation to authorizing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 355, by Senator Seward, Senate Print 2894A, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 371, by Senator Golden, Senate Print 4088C, an act to amend the Election Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 434, by Senator Carlucci, Senate Print 3280A, an act to amend the Mental Hygiene Law.
SENATOR VALESKY:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay it aside for the day.
THE SECRETARY:Calendar Number 448, substituted earlier by Member of the Assembly Morelle, Assembly Print 7819, an act to amend Chapter 656 of the Laws of 2002.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 457, by Senator Flanagan, Senate Print 4492A, an act to amend the Education 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.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 498, substituted earlier by Member of the Assembly Lupardo, Assembly Print Number 3598, 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 on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 508, by Senator Marcellino, Senate Print 3718, an act to amend the Vehicle and Traffic 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, 59. Nays, 3. Senators Ball, Marchione and Zeldin recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 517, by Senator Libous, Senate Print 977, 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 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 4. Senators Avella, Dilan, Perkins and Rivera recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 518, by Senator Libous, Senate Print 980, an act to amend the State Finance Law.
ACTING PRESIDENT GRIFFO: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.)
THE SECRETARY:In relation to Calendar 518, those recorded in the negative are Senators Avella, Gianaris, Kennedy, Krueger, Ranzenhofer, Rivera, Serrano and Squadron.
Ayes, 54. Nays, 8.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 542, by Senator Ranzenhofer, Senate Print 4359, an act to amend the Urban Economic Corporation Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 588, by Senator Marchione, Senate Print 4450B, an act authorizing.
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, 61. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 601, by Senator Marcellino, Senate Print 1495, 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, 60. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 622, substituted earlier by Member of the Assembly Dinowitz, Assembly Print 6378B, 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 first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 665, substituted earlier by Member of the Assembly Schimminger, Assembly Print 7166, 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 immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Avella and Diaz recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 757, substituted earlier by Member of the Assembly Magnarelli, Assembly Print 7099, an act to amend Chapter 719 of the Laws of 1980.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 758, substituted earlier by Member of the Assembly Mayer, Assembly Print Number 7328A, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 759, substituted earlier by Member of the Assembly Ra, Assembly Print 7207D, an act in relation to allowing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator O'Mara recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 761, by Senator Klein, Senate Print 3567A, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 783, by Senator Nozzolio, Senate Print 4928A, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Hassell-Thompson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 805, by Senator Bonacic, Senate Print 1885B, an act to amend the Town Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 833, by Senator Young, Senate Print 5124, an act to authorize.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 976, substituted earlier by Member of the Assembly O'Donnell, Assembly Print Number 7695, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 983, by Senator Valesky, Senate Print 5277, an act to amend the Economic Development Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 997, substituted earlier by Member of the Assembly Zebrowski, Assembly Print 1286A, 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 first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1055, by Senator Gallivan, Senate Print 4770A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1056, substituted earlier by Member of the Assembly Jaffee, Assembly Print Number 5677, an act in relation to authorizing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Bonacic and O'Mara recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1083, by Senator Gallivan, Senate Print 5403, 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, 62. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1105, by Senator Lanza, Senate Print 3981B, an act to amend the Not-For-Profit Corporation 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, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1135, by Senator Carlucci, Senate Print 5224, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1143, by Senator Libous, Senate Print 4835B, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the same date and in the same manner as Chapter 438 of the Laws of 2012.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 1143, those recorded in the negative are Senators Ball, DeFrancisco, Espaillat, Gianaris, Gipson, Hannon, Hassell-Thompson, Kennedy, Krueger, Montgomery, Rivera, Sanders, Serrano and Zeldin. Also Senator Perkins and Ranzenhofer. Also Senators Hoylman, Tkaczyk and Squadron in the negative.
Ayes, 43. Nays, 19.
ACTING PRESIDENT GRIFFO:The bill is passed.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Could I ask the members, so we can move things along here, that when you call the roll, if you want to vote no, get your hands up then, not when he's announcing the roll call.
And I say that to everybody. You're in the chamber, you're paying attention. When they say "Call the roll," if you want to vote no, get your hands up then, not when he's announcing the roll call. Because we want to keep things moving along.
Thank you.
ACTING PRESIDENT GRIFFO:So instructed.
The Secretary will announce the results.
THE SECRETARY:Ayes, 43. Nays, 19.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1148, by Senator Golden, Senate Print 3536C, an act to amend the Election Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 15. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Espaillat to explain his vote.
SENATOR ESPAILLAT:Yes, I want to commend the sponsor of this bill. This is a common-sense, smart approach to reform the Board of Elections, the New York State Board of Elections and the City's Board of Elections.
This bill will explicitly put into statute a requirement for police or peace officers to deliver a portable memory stick to the Board of Elections, guaranteeing a transparent and accurate count of an election, bringing the Board of Elections a little bit closer to the 21st century.
I will be voting in the affirmative.
ACTING PRESIDENT GRIFFO:Senator Espaillat to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1154, by Senator Savino, Senate Print 3677A, 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 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Savino to explain her vote.
SENATOR SAVINO:Thank you, Mr. President.
This particular piece of legislation that I refer to as Caroline's Law is very important not just to me, but to a family in Staten Island.
In March of 2009, Caroline Wimmer was a beautiful young 26-year-old woman who was brutally murdered in her apartment. She was missing for a few days before her family finally went over, and they got the super to open the door. They found her having been beaten to death, left there. And as you can imagine, the condition of her body was shocking enough.
Her mother and father immediately called 911. The police responded, EMTs and paramedics responded. And one of the paramedics that responded, a gentleman named Mark Musarella, decided to take out his cellphone and take pictures of Caroline's brutalized body for his own personal use, and post it on his Facebook page and on the Internet for his own personal entertainment and that of his friends.
You can imagine the shock and the horror of her family. You can imagine the disgust of Staten Islanders and the Richmond County district attorney, Danny Donovan, who sought to prosecute him and realized that our penal code had not yet caught up with the Internet. And so the only thing he could do was charge him with official misconduct, a slap on the wrist, and 200 hours of community service.
Danny Donovan asked us to update the laws. He said we need to do more and send a message to our public servants that we are held to a higher standard and you cannot abuse your authority, particularly for your own entertainment. And over the past few years we have written this bill and we've amended it to adjust to just that.
The Police Department of the City of New York, the Fire Department asked us to wait. And they said, Let us develop rules and procedures that we will implement in our department to address this. We don't want to make it a crime. We want to punish these individuals, but we don't want to see this as a crime.
And we gave them the chance to do that. And just this year, if you looked at the New York Post and you looked at the Daily News, you saw several instances of paramedics and other first responders doing this and worse. In fact, the commissioner of the New York City Fire Department, his own son was forced to resign from the fire department because of this kind of behavior.
So we gave them a chance, they couldn't do it, we now need to make it the crime that it is. Public servants have to be held to a higher standard. And we should never abuse our authority and the trust of the public, particularly for our own entertainment. I urge everyone to vote in favor of Caroline's Law.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Savino to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 43, Senator Hannon moves to discharge, from the Committee on Rules, Assembly Bill Number 1101B and substitute it for the identical Senate Bill Number 3944B, Third Reading Calendar 1165.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1165, by Member of the Assembly Gunther, Assembly Print Number 1101B, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect one year after it shall have become law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1168, by Senator Hannon, Senate Print 4528A, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 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.
As I understand it, this bill is intended to help out the Board of Regents. I actually think that we do a lot to help out the Board of Regents already, and I would like to see the Board of Regents be more proactive in helping themselves without asking our local school boards to have to pony up more money with unfunded mandates.
You know, while this unfunded mandate is small, it is exactly the type of thing that I keep hearing over and over again from my school boards, that it is the small unfunded mandates that have added up to an enormous amount of money that continues to cost them.
So I will be voting no, and I would encourage my colleagues to do the same.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Gipson to be recorded in the negative.
THE SECRETARY:Ayes, 60. Nays, 3. Senators Ball, Gipson and Kennedy recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1227, by Senator Libous, Senate Print 1918, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 1227, those recorded in the negative are Senators Adams, Avella, Ball, Bonacic, Breslin, DeFrancisco, Dilan, Espaillat, Gallivan, Gianaris, Gipson, Hassell-Thompson, Hoylman, Kennedy, Krueger, Martins, Montgomery, O'Brien, Parker, Peralta, Perkins, Ranzenhofer, Rivera, Sanders, Serrano, Squadron, Stewart-Cousins and Tkaczyk.
Ayes, 35. Nays, 28.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1251, substituted earlier by Member of the Assembly Rosenthal, Assembly Print Number 1657E, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1255, substituted earlier by Member of the Assembly Thiele, Assembly Print Number 4678A, an act in relation to a plan.
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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1260, by Senator Lanza, Senate Print 3774, an act to amend the Administrative Code of the City of New York.
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. Nays, 2. Senators Ball and Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1276, substituted earlier by Member of the Assembly Englebright, Assembly Print Number 7408, 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, 62. Nays, 1. Senator Griffo recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1289, by Senator Carlucci, Senate Print 5250A, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1313, by Senator Griffo, Senate Print 1961B, an act to establish.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1353, by Senator Carlucci, Senate Print 5058A, 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:In relation to Calendar Number 1353, those recorded in the negative are Senators Avella, Espaillat, Gipson, Krueger, Montgomery, O'Brien, Peralta, Perkins, Rivera, Sanders, Serrano and Stavisky.
Ayes, 51. Nays, 12.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1365, substituted earlier by Member of the Assembly Braunstein, Assembly Print Number 7546A, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Gipson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1422, by Senator Grisanti, Senate Print 1591A, 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 first of September.
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.
My fellow colleagues, I'm sure everyone in this room has in their district heard the horror stories of individuals coming into other individuals' homes who may be on vacation, or breaking into some industrial facilities, and basically stealing copper, stealing whatever they can to turn for scrap.
So this particular piece of legislation, because scrap is a very real and ever-growing problem, basically sets up a registration system to prevent the scrap theft. And in fact it was actually helped out by the Institute of Scrap Recycling Industries themselves.
We have to get to the root of this problem. It costs tens of millions of dollars yearly in New York State, not only for damage to homeowners but also to industry across the state, where they're stealing anything from copper to lead to brass, street signs, manhole covers. So these are the items that we've got to prevent. It will be in a registration system.
I vote aye, Mr. President, and I encourage my colleagues to do also. Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Grisanti to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1440, by Senator Stewart-Cousins, Senate Print 4653B, an act to authorize.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1473, by Senator Farley, Senate Print 5805, an act to amend the Military 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 Farley to explain his vote.
SENATOR FARLEY:Thank you, Mr. President.
This is a rather significant piece of legislation that involves Lieutenant Colonel Todd Clark that we honored just the other day.
When a flag is flown over the State Capitol, it can never be used again. It actually has to be ceremonially destroyed.
The Clark family approached me that they wanted to get that flag that flew over the Capitol in honor of Lieutenant Colonel Todd Clark, yet they can't do that. As a matter of fact, they were told they had to pay $300 for another flag. Actually, they can get a free flag that's a smaller one and so forth, but that's not the point.
What this bill does, it says a flag that is flown over the State Capitol can be given to the family of a slain military person without any charge. And this piece of legislation has been addressed in this Capital District at great length, and it's anxiously being received by the family, and it looks like it's going to become law.
And it only makes sense. In my judgment, it's a no-brainer not to be honoring a soldier or military person that has given their life for their country that their family cannot get the flag that flew at half staff. I urge everybody to support this legislation.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Farley to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of the active list of June 20th.
SENATOR LIBOUS:Thank you, Mr. President.
I believe if we go back to reports of standing committees, there's a report of the Judiciary Committee at the desk.
ACTING PRESIDENT GRIFFO:We will return reports of standing committees. There is a report of the Judiciary Committee at the desk.
The Secretary will read.
THE SECRETARY:Senator Bonacic, from the Committee on Judiciary, reports the following nominations:
Roger S. Hayes, as justice of the Supreme Court of the First Judicial District.
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
Pursuant to the provisions of Section 2 of Article 6 of the Constitution and Section 68 of the Judiciary Law, the Judiciary Committee has reported six nominations to the Senate floor.
And before we speak of any individual, I'd like to say collectively that the gentlemen that are before this body, they're experienced, they have the right temperament, and they have an exemplary judicial career. These are all reappointments.
They've been sitting patiently since quarter to 12:00 when we completed the Judiciary Committee, with their guests. And we were hopeful that we could get them passed earlier so they could go back to work. You know?
So let's start with, first of all, we're going to go to Judge Hayes. Just stay with me a second, if I may.
I think he's a great judge. I think we should confirm him.
(Laughter.)
ACTING PRESIDENT GRIFFO:The nomination has been moved.
The question is on the nomination of Roger S. Hayes for justice of the Supreme Court of the First Judicial district. All those in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Roger S. Hayes has been confirmed as a justice of the Supreme Court of the First Judicial District.
Congratulations, Judge.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will continue to read.
THE SECRETARY:John G. Ingram, as justice of the Supreme Court of the Second Judicial District.
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
Judge Ingram was a Court of Claims, he was an Acting Supreme Court in the Second Judicial District. And we're confirming him today to fill a term expiring on December 31, 2013.
And he also is a terrific judge. All six of them are, with my preliminary remarks. I certainly recommend that he be confirmed.
Thank you, Mr. President. And I think Senator Golden would like to be recognized.
ACTING PRESIDENT GRIFFO:Senator Golden.
SENATOR GOLDEN:Thank you, Mr. President.
I rise in voting aye for John Ingram, a great jurist, a good friend, and a good man. He has been a good friend to us in Brooklyn and in Queens.
He suffered I believe immensely with the Sandy storm at Breezy Point, him and his father. His brother is the head of the coop for Breezy Point, which probably suffered some of the most dangerous damage that we've seen in the city.
So he was there every day making sure that we took care of the issues that concerned us as a community in need. And myself and Senator Smith and others worked with him throughout that process.
But as a jurist, he has been able to move cases like none other. He's done an outstanding job in Brooklyn. I don't have to tell you what the backlogs are in Kings County and how serious those court backlogs have been. And they brought those court backlogs down, and today Brooklyn is one of the models across this great nation.
And I thank you, Judge Ingram, for your great contributions and your contribution to the military as well, serving as an admiral for so many years. We commend you and thank you, sir. Congratulations.
ACTING PRESIDENT GRIFFO:The question is on the nomination of John G. Ingram for justice of the Supreme Court of the Second Judicial District. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Judge John G. Ingram has been confirmed as justice of the Supreme Court of the Second Judicial District.
Congratulations, Judge Ingram.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Thomas J. McNamara, as judge of the Court of Claims.
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
Judge McNamara is a Court of Claims judge, and we're going to extend him a full term to January 22, 2022.
But being a good Irishman today, he brought his family and guests, and I'd like to introduce them for the record. He's with his bride, Mary Jane McNamara, who has joined him, his sons Matthew and Michael, his daughter-in-law Marcy McNamara, who's the granddaughter of former Majority Leader of the State of New York Senate Earl Brydges.
They brought their grandchildren, Eleanor McNamara and Thomas McNamara. Eleanor is a first-grade student, and Thomas is a kindergarten student. And both finished school, received excellent report cards. And Eleanor and Thomas wanted to make sure their academic success is in the minutes of the Senate.
And we don't want to leave the baby out, who was talking to us during the Judiciary Committee, a baby less than one year old, Ann McNamara.
And a tremendous family, a tremendous man, a continuing legacy. I would ask you to support this judge.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Farley.
SENATOR FARLEY:Yes, I'd like to rise and second this nomination. You can see how important my election is -- that family, I depend on them to get elected.
(Laughter.)
SENATOR FARLEY:Thomas McNamara has been an excellent jurist for a lot of years, and a constituent, a graduate of Albany Law School, and somebody who it just shows you there's nothing more important than family, and he brings them all with him.
I do support his nomination, and I wish you well, Judge McNamara.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I just wanted to indicate how smart it was for Judge McNamara to bring his grandchildren. Because the head count, before we saw them and learned of them, his nomination was truly in jeopardy.
(Laughter.)
SENATOR DeFRANCISCO: But the more we learned about his family, the more we liked him. And as a result, he was approved unanimously in the Judiciary Committee. And I urge unanimous support in this house as well.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
Senator Marchione.
SENATOR MARCHIONE:Thank you, Mr. President. I rise to support his nomination as well.
Judge McNamara is a Saratoga Springs resident. And I've had the pleasure of working with his daughter-in-law Marcy. What a wonderful family they are. And in Saratoga Springs he certainly has a well-earned reputation for fairness, professionalism, and treating everyone who comes before him in the courtroom with decency and respect.
So it's my pleasure to vote aye on his nomination.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Marchione.
Senator Bonacic.
SENATOR BONACIC:You know, when we have a departing member, when they leave, they don't run anymore and they address the Senate and they always say "Our staff always made us look better than we really were."
Well, there there's two other guests that Judge McNamara brought today, and that is his law clerk, Robert Foley, and the secretary, Patricia Waterbury. And we welcome them today also.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Bonacic.
The question is on the nomination of Thomas J. McNamara as judge of the Court of Claims. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Judge Thomas J. McNamara is hereby confirmed as a judge to the Court of Claims.
Congratulations, Judge.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:William I. Mogulescu, as justice of the Supreme Court of the First Judicial District.
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
Judge Mogulescu -- we've been practicing that today -- with this confirmation, he'll become a Supreme Court of the First Judicial District, and his term will expire December 31, 2013.
Another great nomination by the Governor who's given us these six distinguished gentlemen. So I would ask that we confirm him.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:The question is on the nomination of William I. Mogulescu for justice of the Supreme Court of the First Judicial District. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Judge William I. Mogulescu is hereby confirmed as a justice of the Supreme Court for the First Judicial District.
Congratulations, judge.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Jeremiah J. Moriarty III as justice of the Supreme Court of the Eighth Judicial District.
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
Judge Moriarty was with the Court of Claims, and now we're asking to promote him to the Supreme Court to fill a term expiring on December 31, 2013.
He has some guests joining him today: His fiancee, Toni Litzinger; family and friends Erick Laine, Marianne Laine, and Cindy Abbott Letro. We welcome them all.
And I ask this distinguished body to confirm this gentleman.
ACTING PRESIDENT GRIFFO:Thank you, Senator Bonacic.
Senator Young.
SENATOR YOUNG:Thank you, Mr. President.
Mr. President, it truly is an honor and a privilege for me to rise today in support of my friend Jerry, Jeremiah J. Moriarty III, for justice for Supreme Court of the Eighth Judicial District.
Judge Moriarty is a native of Cattaraugus County, a town by the name of Franklinville, New York. And many of my colleagues will remember my predecessor, Senator Patricia McGee, had Franklinville as her hometown.
And, Jerry, I know if Pat were here today, she would be so thrilled and so proud of you and all of your accomplishments.
Judge Moriarty is a graduate of Ten Broeck School and Franklinville Central School. He also graduated from Georgetown University and SUNY Buffalo Law School.
He always has been in public service his entire adult life. He has volunteered, working tirelessly for organizations such as the Youth Bureau, Olean General Hospital, Olean General Hospital Foundation, Randolph Children's Home, the Cattaraugus Region Community Foundation, and the Boy Scouts.
And when I think of Judge Moriarty, I think of many words, but these are some that just came to mind today: A dedicated and distinguished public servant, intelligent, deliberative, conscientious, a hard worker, someone who always gives back to his community and his state, and someone you can always count on.
He's been a dear friend and a mentor to me, and I feel so fortunate to know the judge. So it truly is wonderful that he's here today. I especially want to commend Governor Cuomo for his excellent choice.
I wish you so much love, Godspeed, and congratulations.
ACTING PRESIDENT GRIFFO:Thank you, Senator Young.
Senator Maziarz.
SENATOR MAZIARZ:Thank you very much, Mr. President.
I too rise to join my colleagues Senator Bonacic and Senator Young in seconding the nomination of Jerry Moriarty for the Supreme Court.
Jerry has been an excellent citizen, as Senator Young pointed out, of the Southern Tier, of Western New York. I'm proud to have known Jerry for many years. He did an excellent job on the Court of Claims and will do an excellent job in the Supreme Court.
Congratulations, Jerry.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Jeremiah J. Moriarty III for justice of the Supreme Court of the Eighth Judicial District. All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Jeremiah J. Moriarty III is hereby confirmed as a Supreme Court justice of the Eighth Judicial District.
Congratulations, Judge.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Richard E. Sise, judge of the Court of Claims.
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President. I'm getting my exercise today.
First of all, Judge Sise is a Court of Claims judge. This nomination will be for a full nine-year term, second term, that would end January 22, 2022.
Judge Sise, like his colleagues before him, all are competent, experienced, good temperament.
And I would like to introduce his guests today. His bride is here, Connie. His son Michael is here today. His brother, who is a Supreme Court justice, Joseph Sise, is here. His law clerk, Betsy Sommers, and secretary, Mary Burch-Macherone. They're all here to enjoy and to celebrate his confirmation today.
And I would ask my colleagues to confirm him.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Bonacic.
Senator Farley.
SENATOR FARLEY:Yes, I rise to second the nomination and just tell you a little bit about Dick Sise and this remarkable family that he comes from.
I'll start off by saying, like so many of us, he married above himself with Connie Cahill, a brilliant attorney and the sister of John Cahill, the noted referee, national referee who does the Final Four and everything else, who sat right over there where you are, Rebecca, for many years.
And Dick Sise is one of nine boys, the son of Judge Sise, his father, who was the administrative judge, presiding judge. Remarkable family. Every one of these Sise boys have gone on to great things.
I think Joe Sise, who is up there, was the youngest Supreme Court justice in the State of New York. And he just got reelected, leading the ticket, as usual, for his second 14-year term.
The Sise family has been very, very significant in their community. He has a magnificent family, and I think his son Michael is here with him.
And Dick Sise is truly a resident and a leader in Niskayuna, where I come from, my hometown. And they did come from the City of Amsterdam, and they're well known out there. And they have the Sise and Sise Law Firm, which contains his brothers and his father, I think still practicing.
Dick Sise is truly a great jurist and somebody that we should be very proud to reappoint. And, Mr. President, I urge all of my colleagues to recognize and vote for the reappointment of Richard Sise, judge extraordinaire.
ACTING PRESIDENT GRIFFO:Senator Breslin.
SENATOR BRESLIN:Thank you, Mr. President.
In the interest of time, I won't repeat everything that Senator Farley has stated. Suffice it to say that Dick Sise has been an exemplary chief judge of the Court of Claims, respected by Democrats, Republicans, and everyone else involved. He's exactly what we want on the court.
And he comes from a wonderful family, as Senator Farley said, devoted to public service. And Dick has devoted his entire life to public service.
And I'm delighted to second the nomination of Dick Sise, my good friend.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, at the Judiciary Committee hearing I said some very nice things about this particular judge. That was before I knew that John Cahill was his brother-in-law.
(Laughter.)
SENATOR DeFRANCISCO: Several years ago we brought the Syracuse University national champions basketball team here, and John was sitting as counsel. And I had indicated that Syracuse that year lost seven games, five of which were refereed by your brother-in-law. Which prompted Jim Boeheim to ask permission to speak. And I forgot what he said, but it wasn't good.
(Laughter.)
SENATOR DeFRANCISCO: But despite that fact -- and John, by the way, is a good friend -- I just want to say that in addition to his judicial duties, the administrative duties as chief judge are substantial, to put it mildly. And he is respected by all the judges that he supervises, and he does just a wonderful job in managing the Court of Claims.
So a great reappointment, and we're very happy to support him, I'm certain unanimously.
ACTING PRESIDENT GRIFFO:Senator Nozzolio.
SENATOR NOZZOLIO:Thank you, Mr. President.
I rise too as a fan of Syracuse University basketball, but not to chastise our nominee, but rather to praise him.
Senator DeFrancisco began the commentary, but I think it's important that everyone know that Judge Sise is certainly respected in the Capital District, as he should be, but throughout the state. And particularly the judges that he has had to administer, to say yes to, once in a while to say no to, universally have his respect, and the fact that they respect him. And that is a testament to his leadership, not just his administrative ability, but his understanding of the law, of the dynamics of courtrooms. And that he certainly is praised by his colleagues and the colleagues that he manages.
For that and many other reasons already stated, I rise in enthusiastic support of Judge Sise.
Before I sit down, though, I'd also like to congratulate Jerry Moriarty, who again is a treasure in Western New York. And that it's a very good day to see such quality members reappointed to the judiciary.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Larkin.
SENATOR LARKIN:Dick, I'm not an attorney, as you know. But one of your classmates, when I told him that you were going to be reupped again, he said: "Make sure you say something nice about my classmate."
So I will say this. From the first time I ever met you with Billy, Bill always said, "You know, Dad, this guy is going to be a judge someday." He was a great student. He cared about people. He did things in a professional manner so that everybody was proud of what was the end result.
So I'm here for your classmate, to say congratulations and it's good to see you again.
ACTING PRESIDENT GRIFFO:Thank you, Senator Larkin.
The question is on the nomination of Richard E. Sise to the Court of Claims. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Richard E. Sise is hereby confirmed as a judge to the Court of Claims.
Judge Sise, congratulations.
(Applause.)
ACTING PRESIDENT GRIFFO:Senator Libous, that completes the nominations of the Judiciary Committee before the house.
SENATOR LIBOUS:Thank you, Mr. President.
There will be an immediate meeting of the Higher Education Committee in Room 332, followed immediately by a Finance Committee meeting in Room 332.
And after you make that announcement, I will then announce that the Senate will stand at ease.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Higher Education Committee in Room 332, which will be followed shortly by the Finance Committee, also in Room 332.
Senator Libous.
SENATOR LIBOUS:Mr. President, the Senate will stand at ease.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 3:18 p.m.)
(Whereupon, the Senate reconvened at 4:24 p.m.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:If we can return to reports of standing committees, I believe there's a report of the Finance Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a report of the Finance Committee before the desk.
The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nominations.
As commissioner of the Port Authority of New York and New Jersey, Basil A. Paterson, of New York.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Thank you, Mr. President.
I rise proudly to move the nomination of Basil A. Paterson of New York for commissioner of the Port Authority of New York and New Jersey.
I'm sure there's no one who doesn't know Mr. Paterson, knows of his outstanding career in public and private service. He's truly a legend.
And I proudly move the nomination and am fortunate to have this opportunity to do so, and I'm sure his nomination will be approved unanimously.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
The question is on the nomination of Basil A. Paterson as a commissioner of the Port Authority of New York and New Jersey. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Basil A. Paterson is hereby confirmed as a commissioner of the Port Authority of New York and New Jersey.
Congratulations, Mr. Paterson.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:As commissioner of the Port Authority of New York and New Jersey, Kenneth Lipper, of New York.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I also proudly move Mr. Lipper's nomination.
Mr. Lipper is truly a renaissance man --
ACTING PRESIDENT GRIFFO:Can I have some order in the chamber, please? Thank you.
Senator DeFrancisco.
SENATOR DeFRANCISCO: He's truly a renaissance man. He's had an incredible career in government, as was stated most especially by Senator Diaz in the committee meeting. He has an incredible record in finance and private business. And he has a record in the arts, having written and produced his movie "City Hall."
He's going to increase his experience by being a member of the Port Authority of New York and New Jersey. And with that background, there's no question that that organization is in wonderful hands for the future.
So I move the nomination.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Kenneth Lipper as a commissioner of the Port Authority of New York and New Jersey. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Kenneth Lipper is hereby confirmed as a commissioner of the Port Authority of New York and New Jersey.
Congratulations, Mr. Lipper.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will now read.
THE SECRETARY:As member of the Battery Park City Authority, Lester Petracca, of Manhasset.
As member of the State Council on the Arts, Deborah Ronnen, of Rochester.
As commissioner of the State Athletic Commission, John Signorile, of East Williston.
As member and chairman of the New York State Olympic Regional Development Authority, J. Patrick Barrett, of Manlius.
As members of the New York State Olympic Regional Development Authority: Jill Ruhm Broderick, of Chestertown, and Robert Francis Flacke, of Lake George.
As members of the Saratoga-Capital District State Park, Recreation and Historic Preservation Commission: Karen Lee Bilowith, of Saratoga Springs, and John McEneny, of Albany.
And as members of the Niagara Frontier Transportation Authority: LaVonne E. Ansari, Ph.D., of Buffalo; Anthony J. Baynes, of Williamsville; Peter G. Demakos, of East Amherst; Margo Dawn Downey, of Buffalo; Michael P. Hughes, of West Seneca; and Adam W. Perry, of Buffalo.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I move each of the nominations.
ACTING PRESIDENT GRIFFO:Senator Espaillat.
SENATOR ESPAILLAT:Thank you, Mr. President.
As we continue to take on many nominations yesterday and today, I think that once we're done we will have taken up over 200 nominees given to us by Governor Cuomo. Certainly many folks with great experiences from across the State of New York, representing the diverse regions of state, with an array of history in private, public, the arts, in different sectors of society. Really a wonderful list of nominees that we have taken up, over 200 of them.
We've done a tremendous job at putting these names through, going through their resumes and evaluating their qualifications. And I may say that, including the judges that were nominated to date and the members of the Port Authority, all highly qualified.
However, Mr. President, I stand to raise a grave concern that out of 214 nominees, there were only six -- equating to 3 percent of them -- that were of Hispanic background.
And this is a population that comprises 18 percent of the New York State population. In fact, some folks believe that if you take the undercount, it's really 20 percent of the New York State population, one out of five New Yorkers, are of Hispanic descent. And to have only 3 percent, six out of 214, is really a disservice to this state.
We all strive to make sure that government is reflective of the composition of the State of New York. Imagine a government without women. Imagine a government without African-Americans. Imagine a government without folks from different regions, from the Western part of New York, from Long Island, from Central New York, from the Hudson Valley, from the City of New York.
We must all do better to ensure that government continues to be reflective of the composition of the population. And we have, the Latino community has highly qualified potential appointees, and we are eager to serve.
So I would like to express my concern regarding this great flaw in this process of nomination.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Diaz, why do you rise?
SENATOR DIAZ:Will Senator Espaillat yield for a question?
ACTING PRESIDENT GRIFFO:Senator Diaz, we're actually just speaking on nominations right now. So you can speak on the nominees if you'd like.
SENATOR DIAZ:I just want to ask Senator Espaillat some questions about the statement he was making. If you allow me.
ACTING PRESIDENT GRIFFO:It's not germane at this point in time relative to the rules of order, Senator Diaz.
SENATOR DIAZ:Thank you.
ACTING PRESIDENT GRIFFO:The question is on the nominations as presented for the offices that have been specified. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The nominees are hereby confirmed.
Senator Libous.
SENATOR LIBOUS:Mr. President, could you give me a second here?
(Pause.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:There will be an immediate meeting of the Rules Committee in 332, an immediate meeting of the Rules Committee in Room 332.
In the meantime, we'll stand at ease.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332, an immediate meeting of the Rules Committee in 332.
The Senate stands at ease.
(Whereupon, the Senate stood at ease at 4:33 p.m.)
(Whereupon, the Senate reconvened at 5:01 p.m.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:If you could call on Senator Gianaris and then come back to me, please.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Mr. President, there will be an immediate meeting of the Democratic Conference in the Democratic Conference Room.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Democratic Conference in the Democratic Conference Room.
Senator Libous.
SENATOR LIBOUS:There will be an immediate Republican conference in Room 332, and then the Senate will stand at ease until the conferences are commenced.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting also of the Republican Conference in Room 332.
The Senate will stand at ease until conferences have concluded. Senate at ease.
(Whereupon, the Senate stood at ease at 5:02 p.m.)
(Whereupon, the Senate reconvened at 8:03 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:Mr. President, can we go back to reports of standing committees. I believe there's a report of the Rules Committee at the desk.
ACTING PRESIDENT GRIFFO:We will return to reports of standing committees.
There is a report of the Rules Committee at the desk, and the Secretary will read.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 129, by Senator Peralta, an act to amend the Penal Law;
Senate 259, by Senator Diaz, an act to amend the Banking Law;
Senate 383, by Senator Diaz, an act to amend the State Finance Law;
Senate 2342A, by Senator Breslin, an act to authorize;
Senate 2551, by Senator Hannon, an act to amend the Insurance Law;
Senate 3488A, by Senator Ranzenhofer, an act to amend the Criminal Procedure Law;
Senate 3886, by Senator Ball, an act to amend the Penal Law;
Senate 4310A, by Senator Marcellino, an act to amend the Tax Law;
Senate 4327A, by Senator Seward, an act to amend the Insurance Law;
Senate 4329A, by Senator Seward, an act to amend the Insurance Law;
Senate 4361, by Senator Hannon, an act to amend the Public Health Law;
Senate 4493A, by Senator Hoylman, an act in relation to directing;
Senate 4584A, by Senator Farley, an act to allow;
Senate 4624A, by Senator Hannon, an act to amend the Public Authorities Law;
Senate 4762A, by Senator DeFrancisco, an act to amend the Labor Law;
Senate 4809, by Senator Little, an act to amend the Environmental Conservation Law;
Senate 4881A, by Senator Hoylman, an act to amend the Education Law;
Senate 4906, by Senator Golden, an act to amend Chapter 929 of the Laws of 1986;
Senate 5046A, by Senator Hannon, an act to amend the Public Health Law;
Senate 5053, by Senator Golden, an act to amend the Retirement and Social Security Law;
Senate 5060A, by Senator Hannon, an act to amend the Education Law;
Senate 5096, by Senator Golden, an act to amend the Social Services Law;
Senate 5219, by Senator Libous, an act to amend the Tax Law;
Senate 5249, by Senator Carlucci, an act to amend the Social Services Law;
Senate 5267, by Senator LaValle, an act to authorize;
Senate 5275A, by Senator Marcellino, an act to amend the Public Buildings Law;
Senate 5541, by Senator Hannon, an act to amend Chapter 942 of the Laws of 1983;
Senate 5617, by Senator Griffo, an act to amend the Public Officers Law;
Senate 5695A, by Senator Robach, an act to amend Chapter 362 of the Laws of 2012;
5701, by Senator O'Mara, an act to amend the Criminal Procedure Law;
Senate 5704, by Senator Seward, an act to amend Chapter 673 of the Laws of 2005;
Senate 5722, by Senator Zeldin, an act to amend Chapter 121 of the Laws of 2012;
Senate 5727, by Senator LaValle, an act to amend the Environmental Conservation Law;
Senate 5739C, by Senator Little, an act to amend the Alcoholic Beverage Control Law;
Senate 5766, by Senator LaValle, an act to authorize;
Senate 5771, by Senator Klein, an act to amend the Administrative Code of the City of New York;
Senate 5772, by Senator Klein, an act to amend the Real Property Tax Law;
Senate 5804, by Senator Seward, an act to amend the Insurance Law;
Senate 5808, by Senator Savino, an act implementing;
Senate 5812, by the Committee on Rules, an act to authorize;
Senate 5819, by Senator Zeldin, an act to amend Chapter 350 of the Laws of 2012;
Senate 5825, by Senator Martins, an act to amend the Executive Law;
Senate 5826, by Senator Fuschillo, an act to amend the Vehicle and Traffic Law;
Senate 5827, by Senator Flanagan, an act to amend the Education Law;
Senate 5831, by Senator Farley, an act to amend the Religious Corporations Law;
Senate 5838, by Senator Zeldin, an act to amend the Environmental Conservation Law;
Senate 5840, by Senator Carlucci, an act to authorize;
Senate 5841, by Senator Robach, an act establishing;
And Senate 5858, by Senator Bonacic, an act to amend the Penal Law.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS: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?
(No response.)
ACTING PRESIDENT GRIFFO:The Committee on Rules report is accepted.
Senator Libous.
SENATOR LIBOUS:We have in front of us Supplemental Calendar 56A, just passed out. I would like to have the noncontroversial reading of that calendar, please.
ACTING PRESIDENT GRIFFO:The Secretary will read Supplemental Senate Calendar 56A.
THE SECRETARY:Calendar Number 1474, by Senator Peralta, Senate Print 129, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1475, by Senator Diaz, Senate Print 259, an act to amend the Banking Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1476, by Senator Diaz, Senate Print 383, 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 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1477, Senator Breslin moves to discharge, from the Committee on Rules, Assembly Bill Number 4717A and substitute it for the identical Senate Bill Number 2342A, Third Reading Calendar 1477.
ACTING PRESIDENT GRIFFO:The substitution is so ordered, and there is a home-rule message at the desk.
The Secretary will read.
THE SECRETARY:Calendar Number 1477, by Member of the Assembly Fahy, Assembly Print 4717A, 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, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1478, by Senator Hannon, Senate Print 2551, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 26. This act shall take effect January 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:May I have some order in the house, please.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Seward recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1479, by Senator Ranzenhofer, Senate Print 3488A, an act to amend the Criminal Procedure 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, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1480, by Senator Ball, Senate Print 3886, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1481, Senator Marcellino moves to discharge, from the Committee on Rules, Assembly Bill Number 5960A and substitute it for the identical Senate Bill Number 4310A, Third Reading Calendar 1481.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1481, by Member of the Assembly Farrell, Assembly Print Number 5960A, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1482, Senator Seward moves to discharge, from the Committee on Rules, Assembly Bill Number 6918A and substitute it for the identical Senate Bill Number 4327A, Third Reading Calendar 1482.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1482, by Member of the Assembly Steck, Assembly Print 6918A, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1483, Senator Seward moves to discharge, from the Committee on Rules, Assembly Bill Number 7807A and substitute it for the identical Senate Bill Number 4329A, Third Reading Calendar 1483.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1483, by Member of the Assembly Cahill, Assembly Print Number 7807A, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1484, Senator Hannon moves to discharge, from the Committee on Health, Assembly Bill Number 6121 and substitute it for the identical Senate Bill Number 4361, Third Reading Calendar 1484.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1484, by Member of the Assembly Gunther, Assembly Print 6121, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1485, by Senator Hoylman, Senate Print 4493A, an act in relation to directing.
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:Senator Gianaris to explain his vote.
SENATOR GIANARIS:I was waiting for you to announce the results, Mr. President.
ACTING PRESIDENT GRIFFO:The results are being tabulated.
Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President.
I wanted to thank Senator Hannon for his leadership and guidance in helping me move this bill forward, along with my colleague in the other house, Assemblymember Gottfried.
The impetus for this bill, Mr. President, was the closing of a hospital in my district, St. Vincent's, that served the local community for over 150 years. And in the wake of the hospital closing, medical practices calling themselves "urgent care centers" have sprung up all over my district.
But these type of practices aren't required to be certified by the Health Department, nor are clinics operating within pharmacies, miniclinics, or major physician practices, megaclinics, which are being created all across New York.
So, Mr. President, the impetus and the goal of this bill is to direct the Department of Health to study their impact as relating to the delivery, quality and cost of healthcare and report back to us as we, as policy makers, can better understand their role in the healthcare system.
I vote aye. Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hoylman to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 60. Nays, 3. Senators Ball, Griffo and Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Gianaris.
SENATOR GIANARIS:And now, Mr. President, can we please congratulate Senator Hoylman on his first bill.
(Applause.)
ACTING PRESIDENT GRIFFO:Calendar Number 1486. The Secretary will read.
THE SECRETARY:Calendar Number 1486, by Senator Farley, Senate Print 4584A, an act to allow.
ACTING PRESIDENT GRIFFO: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 GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1487, Senator Hannon moves to discharge, from the Committee on Rules, Assembly Bill Number 7993A and substitute it for the identical Senate Bill Number 4624A, Third Reading Calendar 1487.
ACTING PRESIDENT GRIFFO:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1487, by Member of the Assembly Hooper, Assembly Print Number 7993A, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1488, by Senator DeFrancisco, Senate Print 4762A, an act to amend the Labor Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1489, by Senator Little, Senate Print 4809, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the same date and in the same manner as a Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Little to explain her vote.
SENATOR LITTLE:Thank you, Mr. President. And thank you to all my colleagues for passing this bill and supporting this bill.
This completes the journey that will bring us to a constitutional amendment which will appear on the ballots in November. And this constitutional amendment will solve and offer an opportunity for settlement of a land dispute between the State of New York and many, many private parties, many of them who live in your districts.
This is a second-home area. It's called Township 40. It's in the Town of Long Lake, in Hamilton County. And this has been a title problem for over 100 years.
So this gives a method and a way of doing it and replacing the land that is in question with double the amount of land going into the Forest Preserve. And the people will be providing the funds for that. This is the implementation language.
And joining us tonight is one of the women who really put her heart and soul into all of this, giving us the information, bringing back title searches and charts that were way too complicated me for to understand. But Carolyn Gerdin is with us in the gallery. I want to thank her and thank all of you for supporting this very important piece of legislation, and hopefully you will support it all in November.
It is sponsored and supported by the Adirondack Council and the Adirondack Mountain Club, two of the really preeminent environmental groups in our area.
So thank you very much.
ACTING PRESIDENT GRIFFO:Thank you, Senator Little.
Senator Little will be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1490, by Senator Hoylman, Senate Print 4881A, an act to amend the Education 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.)
ACTING PRESIDENT GRIFFO:Senator Hoylman to explain his vote.
SENATOR HOYLMAN:When it rains it pours, Mr. President.
(Laughter.)
SENATOR HOYLMAN:I just wanted to thank Senator Hannon, mostly Senator LaValle, Senator Zeldin, our leaders in all three conferences for their assistance in getting this bill forward.
This bill, Mr. President, will get the meningitis vaccination into pharmacies. You may not know, but there is an outbreak of meningococcal meningitis in New York City and a number of cities across the country. Twenty-two cases, seven gay men have died. And the best way to prevent the meningitis illness is to get vaccinated.
So we've seen with the flu vaccination that once it's in pharmacies, people get vaccinated. This bill will do that.
So thank you so much for your support, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:Senator Hoylman be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1491, Senator Golden moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6868 and substitute it for the identical Senate Bill Number 4906, Third Reading Calendar 1491.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1491, by Member of the Assembly Abbate, Assembly Print Number 6868, an act to amend Chapter 929 of the Laws of 1986.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1492, by Senator Hannon, Senate Print 5046A, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1493, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number --
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Let us do the substitution first, Senator Libous.
The Secretary will continue.
THE SECRETARY:In relation to Calendar Number 1493, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 6942 and substitute it for the identical Senate Bill Number 5053, Third Reading Calendar 1493.
ACTING PRESIDENT GRIFFO:The substitution is so ordered, and the bill will be laid aside for the day.
The Secretary will read Calendar Number 1494.
THE SECRETARY:Calendar Number 1494, by Senator Hannon, Senate Print 5060A, 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 January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1495, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7755 and substitute it for the identical Senate Bill Number 5096, Third Reading Calendar 1495.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1495, by Member of the Assembly Gottfried, Assembly Print 7755, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:May I have some order in the house, please.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1496, Senator Libous moves to discharge, from the Committee on Rules, Assembly Bill Number 7705 and substitute it for the identical Senate Bill Number 5219, Third Reading Calendar 1496.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1496, by Member of the Assembly Magee, Assembly Print Number 7705, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect April 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
So two problems with this bill. Of course, one, we reduce the revenue to the state by I think a little over $6 million annually if this becomes law.
But much more disturbing to me, mom-and-pop stores all over the State of New York depend on sales of small items -- candy, potato chips, cans of liquids, drinks -- that in fact retail for less than a dollar-fifty. If we don't have sales tax on these products when they're in a vending machine but we do have sales tax at the little grocery stores, at the little neighborhood stores -- in my communities, we call them bodegas or little green stores on the corners -- that means we are taking money out of businesses that have jobs in our communities because there's a competitive unfairness here.
The vending machines, there's no sales tax. The stores who hire workers in communities to sell those products, there is a sales tax. It's just wrong for small businesses.
I'm voting no. Thank you.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1496, those recorded in the negative are Senators Avella, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Rivera, Sanders, Squadron, Stavisky, Stewart-Cousins and Tkaczyk.
Ayes, 48. Nays, 15.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1497, by Senator Carlucci, Senate Print 5249, 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.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1498, Senator LaValle moves to discharge, from the Committee on Rules, Assembly Bill Number 7396 and substitute it for the identical Senate Bill Number 5267, Third Reading Calendar 1498.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1498, by Member of the Assembly Thiele, Assembly Print 7396, 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, 62. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1499, by Senator Marcellino, Senate Print 5275A, an act to amend the Public Buildings Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect one year after it shall have become law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1499, those recorded in the negative are Senators Ball, Griffo, Little and Zeldin. Also Senator Young. Also Senator Nozzolio. Also Senator Marchione.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 56. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1500, Senator Hannon moves to discharge, from the Committee on Children and Families, Assembly Bill Number 7504 and substitute it for the identical Senate Bill Number 5541, Third Reading Calendar 1500.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1500, by Member of the Assembly Millman, Assembly Print 7504, an act to amend Chapter 942 of the Laws of 1983.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1501, Senator Griffo moves to discharge, from the Committee on Rules, Assembly Bill Number 7556 and substitute it for the identical Senate Bill Number 5617, Third Reading Calendar 1501.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1501, by Member of the Assembly Brindisi, Assembly Print Number 7556, an act to amend the Public Officers Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1502, Senator Robach moves to discharge, from the Committee on Rules, Assembly Bill Number 7735A and substitute it for the identical Senate Bill Number 5695A, Third Reading Calendar 1502.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1502, by Member of the Assembly Morelle, Assembly Print Number 7735A, an act to amend Chapter 362 of the Laws of 2012.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1503, by Senator O'Mara, Senate Print 5701, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1504, Senator Seward moves to discharge, from the Committee on Insurance, Assembly Bill Number 7388 and substitute it for the identical Senate Bill Number 5704, Third Reading Calendar 1504.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1504, by Member of the Assembly Cymbrowitz, Assembly Print Number 7388, an act to amend Chapter 673 of Laws of 2005.
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:Ayes, 61. Nays, 2. Senators Ball and Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1505, by Senator Zeldin, Senate Print 5722, an act to amend Chapter 121 of the Laws of 2012.
ACTING PRESIDENT GRIFFO: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 GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1506, Senator LaValle moves to discharge, from the Committee on Rules, Assembly Bill Number 7905 and substitute it for the identical Senate Bill Number 5727, Third Reading Calendar 1506.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1506, by Member of the Assembly Sweeney, Assembly Print 7905, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1507, by Senator Little, Senate Print 5739C, an act --
ACTING PRESIDENT GRIFFO:The bill is high.
Calendar Number 1508.
THE SECRETARY:Calendar Number 1508, by Senator LaValle, Senate Print 5766, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1509, Senator Klein moves to discharge, from the Committee on Rules, Assembly Bill Number 7327A and substitute it for the identical Senate Bill Number 5771, Third Reading Calendar 1509.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1509, by Member of the Assembly Quart, Assembly Print Number 7327A, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 270th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1510, Senator Klein moves to discharge, from the Committee on Rules, Assembly Bill Number 7314A and substitute it for the identical Senate Bill Number 5772, Third Reading Calendar 1510.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1510, by Member of the Assembly Quart, Assembly Print Number 7314A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect July 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1511, Senator Seward moves to discharge, from the Committee on Rules, Assembly Bill Number 3107D and substitute it for the identical Senate Bill Number 5804, Third Reading Calendar 1511.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1511, by Member of the Assembly Morelle, Assembly Print 3107D, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1512, Senator Savino moves to discharge, from the Committee on Rules, Assembly Bill Number 8032 and substitute it for the identical Senate Bill Number 5808, Third Reading Calendar 1512.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1512, by Member of the Assembly Abbate, Assembly Print Number 8032, an act implementing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative. Also Senator Marchione.
Ayes, 61. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 7973A and substitute it for the identical Senate Bill Number 5812, Third Reading Calendar 1513.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1513, by Member of the Assembly Solages, Assembly Print Number 7973A, 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.)
ACTING PRESIDENT GRIFFO:Senator Squadron to explain his vote.
SENATOR SQUADRON:This is a local bill in nature, and like many local bills we see, except it is not sponsored by an elected member of this house or any member of this house, it's sponsored by Senator Rules.
We shouldn't have such bills. I vote no, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1513, those recorded in the negative are Senators Ball, Bonacic, Larkin, O'Mara and Squadron.
Ayes, 58. Nays, 5.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1514, by Senator Zeldin, Senate Print 5819, an act to amend Chapter 350 of the Laws of 2012.
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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1515, Senator Martins moves to discharge, from the Committee on Rules, Assembly Bill Number 6221C and substitute it for the identical Senate Bill Number 5825, Third Reading Calendar 1515.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1515, by Member of the Assembly Schimel, Assembly Print 6221C, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1516, Senator Fuschillo moves to discharge, from the Committee on Rules, Assembly Bill Number 7689A and substitute it for the identical Senate Bill Number 5826, Third Reading Calendar 1516.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1516, by Member of the Assembly Gantt, Assembly Print 7689A, 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 on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1517, by Senator Flanagan, Senate Print 5827, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 14. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1518, by Senator Farley, Senate Print 5831, an act to amend the Religious Corporations Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Felder recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1519, by Senator Zeldin, Senate Print 5838, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1520, by Senator Carlucci, Senate Print 5840, an act to authorize.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will 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, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1521, by Senator Robach, Senate Print 5841, an act establishing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1522 is high.
Senator Libous, that will now complete the noncontroversial reading of Senate Supplemental Calendar 56A.
SENATOR LIBOUS:Thank you, Mr. President.
At this time if everybody would look on their desks, there's a supplemental active list dated Thursday, June 20th. I'd like to have the noncontroversial reading of that.
ACTING PRESIDENT GRIFFO:The Secretary will begin.
Can we have some order in the chamber, please.
The Secretary will read.
THE SECRETARY:On page 7, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 5832A and substitute it for the identical Senate Bill Number 3757A, Third Reading Calendar 182.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 182, by Member of the Assembly DiPietro, Assembly Print Number 5832A, an act to amend Chapter 326 of the Laws of 2011.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Serrano recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
I would ask all the members to please cooperate. If we could take conversations outside the chamber with staff, please, because we're trying to get through a lot of bills and it's getting a little noisy for people to hear up here. So I would ask for your patience and please cooperate.
The Secretary will continue.
THE SECRETARY:On page 7, Senator Seward moves to discharge, from the Committee on Insurance, Assembly Bill Number 2130A and substitute it for the identical Senate Bill Number 2890A, Third Reading Calendar 204.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 204, by Member of the Assembly Simotas, Assembly Print 2130A, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 3. Senators Ball, Marchione and Maziarz recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 236, by Senator Zeldin, Senate Print 3816B, an act to amend Chapter 719 of the Laws of 1982.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 336, by Senator Rivera, Senate Print 2226A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect one year after it shall have become law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Rivera to explain his vote.
SENATOR RIVERA:Thank you, Mr. President.
I want to take a second to certainly thank Senator Fuschillo from the Transportation Committee. And certainly I want to point out Senator Larkin, Colonel Larkin for his support on this piece of legislation.
What this would do -- it's called Vets Connect. And what this bill would do is it will enable veterans to receive benefits information --
ACTING PRESIDENT GRIFFO:Excuse me, Senator Rivera. {Gaveling.}
Senator Rivera, you may continue.
SENATOR RIVERA:Thank you, Mr. President.
Again, the bill is called Vets Connect. And what it does is it enables veterans to receive benefits information upon applying for or renewing a driver's license.
Now, the fact is -- and we've talked about veterans on this floor many times in the last couple of weeks. And we know that these are men and women who have sometimes given their lives but sometimes given their limbs, and they all do so to make sure that we can -- they defend our freedom to make sure that we can be on this floor doing what we're doing right now.
So it is up to us to make sure that they have as much access as they can to information about the benefits that are available to them. But unfortunately, a recent Veterans Administration survey found that 59 percent of veterans don't have access to the information about the services that are available to them.
So this bill would simply allow for someone, when they are renewing their license, to be able to tell the DMV and therefore the Veterans Administration, "I am a veteran," to make sure that they receive access to -- they know the services that are available to them to make sure that the veterans that deserve these services have access to them. It will make it easier for all New Yorkers who are veterans to gain access to this information.
I thank all my colleagues for voting in the affirmative. And again, Senator Fuschillo and certainly Colonel Larkin, thank you for your assistance in this.
Thank you, Mr. President. I'll be voting in the affirmative.
ACTING PRESIDENT GRIFFO:Senator Rivera to be recorded in the affirmative.
Senator Libous.
SENATOR LIBOUS:Mr. President, I want to apologize to Senator Rivera because there's a lot of noise in the chamber.
And you had just asked people, so I'm going to. If the staffs are in here and if you have two, three, four of them, you don't need that much staff in here. If you have conversations, take them outside of the chamber. We have too many people in here. And if you're going to be in here, you're going to be quiet. Because when the members get up and speak, they deserve respect.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Libous.
Point of order, Senator?
SENATOR HASSELL-THOMPSON:Yes.
ACTING PRESIDENT GRIFFO:What is your point of order, Senator Hassell-Thompson?
SENATOR HASSELL-THOMPSON:Mr. President, some of us are still trying to locate the document that we're working from. And so some of the noise that you hear is difficulty, because we have a great deal of paper on our desks and he is moving very rapidly. That may be to the benefit of some. But to the rest of us who are trying to keep up with the bills, we would ask you to slow down and allow everybody to be on the same page at the same time.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson, we are moving in a deliberative manner. The documents are before you, but there are excessive staff and excessive conversation in the chamber.
I have asked and I will now insist that the members will take their conversations outside the chamber and staff will leave if there is too much staff in the chambers.
We will continue now. The Secretary will read.
THE SECRETARY:In relation to Calendar Number 336: Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 509, by Senator Seward, Senate Print 3765A, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 20, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 8013 and substitute it for the identical Senate Bill Number 4042A, Third Reading Calendar 637.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 637, by Member of the Assembly Gabryszak, Assembly Print 8013, an act to amend the Judiciary Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 22, Senator Martins moves to discharge, from the Committee on Energy and Telecommunications, Assembly Bill Number 5556 and substitute it for the identical Senate Bill Number 4925, Third Reading Calendar 702.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 702, by Member of the Assembly Buchwald, Assembly Print Number 5556, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 34, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 6869 and substitute it for the identical Senate Bill Number 4909, Third Reading Calendar 940.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 940, by Member of the Assembly Abbate, Assembly Print Number 6869, an act to amend Chapter 695 of the Laws of 1994.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1048, by Senator DeFrancisco, Senate Print 3362A, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:In relation to Calendar Number 1191, Senator LaValle moves to discharge, from the Committee on Rules, Assembly Bill Number 5939A and substitute it for the identical Senate Bill Number 4104A, Third Reading Calendar 1191.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1191, by Member of the Assembly Thiele, Assembly Print Number 5939A, an act to amend the Town Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1294, by Senator Marchione, Senate Print 5454B, an act to amend Chapter 486 of the Laws of 1964.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1445, by Senator Marcellino, Senate Print 4801A, an act to amend the Civil Rights Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of the supplemental active list for Thursday, June 20th.
SENATOR LIBOUS:Mr. President, we're going to call an immediate meeting of the Finance Committee. And Senator DeFrancisco and Senator Krueger said that it will be a quick meeting. Hopefully.
But anyway, there's an immediate meeting of the Finance Committee in Room 332. And we will stand at ease pending the quick return of the Finance Committee.
ACTING PRESIDENT GRIFFO:There is an immediate meeting of the Senate Finance Committee in Room 332.
Until such time as the Finance Committee returns, the Senate will stand at ease.
(Whereupon, the Senate stood at ease at 8:45 p.m.)
(Whereupon, the Senate reconvened at 9:21 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Can we go to reports of standing committees. I believe there's a report of the Finance Committee at the desk.
ACTING PRESIDENT GRIFFO:We will return to reports of standing committees.
There is a report of the Finance Committee at the desk. The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nominations.
As chairman and chief executive officer of the Metropolitan Transportation Authority, Thomas F. Prendergast, of Brewster.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I move the nomination of Thomas F. Prendergast as chairman and CEO of the Metropolitan Transportation Authority.
I want to say this for him and the other two nominees: The Governor did a wonderful job in selecting good people, hardworking people for a very difficult job. And judging from the positive comments of the Finance Committee in comparison to the comments of former nominees for that top position, I think we're in for some good government work by the MTA over the next several years.
So I proudly move the nomination.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
Senator Fuschillo.
SENATOR FUSCHILLO:Thank you very much, Mr. President.
I rise to second the nomination. And I want to thank Governor Cuomo for the nomination of Tom Prendergast, who certainly has the qualifications and experience to lead the MTA.
The Transportation Committee met earlier today and unanimously approved the nomination.
And, Tom, I want to congratulate you and wish you the best of luck.
ACTING PRESIDENT GRIFFO:Thank you, Senator Fuschillo.
Senator Krueger.
SENATOR KRUEGER:I also rise to congratulate Governor Cuomo for finding such an excellent candidate.
And I want to thank Mr. Prendergast for agreeing to serve in this very difficult position, but also to point out that if the Second Avenue Subway or East Side access are further delayed, you cannot use your day here as an excuse, even though we kept you here all day. So get back to work.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.
Senator Golden.
SENATOR GOLDEN:Thank you, Mr. President.
As a member of the Capital Review Board, I also stand in favor of this nomination. I've had the privilege of working with Tom Prendergast over the years. The MTA is in his blood; he was born and bred to do this. I think he'll do a good job.
I'm looking forward to working with him and working with my colleagues here, Senator Fuschillo in Transportation and our leader, to make sure that we get a good transportation system and a good leader that's going to stay and work and do a good job for the city and for the surrounding counties.
Thank you, sir. I vote yes.
ACTING PRESIDENT GRIFFO:Senator Marcellino.
SENATOR MARCELLINO:Thank you, Mr. President.
I too rise in support of this nomination. I hope -- and it is a hope, because we've had that hope before and it's been dashed. It has not been brought to fruition -- that we have a candidate today who will commit to improving the service -- not just maintaining, but improving the service on the Long Island Railroad for the residents of Long Island that I represent, especially on the North Shore, where my district is located.
These people need good service. We want them in the trains, we want them riding the trains to and from work. We want them off the congested roads. We want our air quality improved. The more people that ride your trains, the less people are in the gas guzzlers and the better our air quality.
So you have a great job ahead of you. You have a tough job ahead of you, and probably a thankless job. A lot of people are going to be yelling at you over the years. But hopefully we'll look and see at the end a very, very much improved system of transportation for the Long Island residents and the people of the metropolitan area that are so dependent upon this railroad.
Mr. President, I vote aye.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Thomas F. Prendergast as chairman and CEO of the Metropolitan Transportation Authority. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed, nay.
(No response.)
ACTING PRESIDENT GRIFFO:Thomas F. Prendergast has been confirmed as chairman and CEO of the Metropolitan Transportation Authority.
Congratulations, Mr. Prendergast.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:As members of the Metropolitan Transportation Authority: Mitchell H. Pally, of Stony Brook, and John J. Molloy, of Wantagh.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I move the nominations.
ACTING PRESIDENT GRIFFO:Senator Fuschillo.
SENATOR FUSCHILLO:Did you call them both? You did? Thank you. I couldn't hear you, Mr. President.
Let me thank John Molloy and Mitchell Pally for their willingness to serve.
The Transportation Committee had met earlier, unanimously approved them. And I want to thank Governor Cuomo for the nominations.
Mitch Pally will be representing Suffolk County on the MTA board, and John Molloy will be representing Nassau County. Both have an impeccable reputation in the private and public sector.
Mitch Pally will be reappointed. He has served on the board with distinction. I look forward to working with you, Mitch.
And, John, I welcome you to the board. The Long Island Railroad is critically important to the residents that nine Senators represent. Over 300,000 people use it daily. We need to continue to strengthen and improve service into Penn Station. Soon, in a couple of years -- Tom Prendergast is going to expedite the schedule for East Side access -- it will be going to Grand Central Station.
I congratulate both of you, and I second the nomination.
ACTING PRESIDENT GRIFFO:Thank you, Senator Fuschillo.
Senator Marcellino.
SENATOR MARCELLINO:Yes, Mr. President, thank you again.
I know both John Molloy and Mitch Pally. I've known them both for many years. They're both hardworking people, they're both good people. They do their jobs, they're well thought of in their particular fields.
I hope and pray that they will work together with our new leader, Tom Prendergast, so that we will have much improved service on the Long Island Railroad for the riders. I'm not going to repeat myself again. They know where I stand on this issue, and they will be hearing from me over the years to come. Because I do want and do expect, on behalf of my constituents, improved service for the riders at a reasonable cost, and I stress the word "reasonable" cost.
Thank you, Mr. President. I vote aye on both gentlemen.
ACTING PRESIDENT GRIFFO:Thank you, Senator Marcellino.
Senator Martins.
SENATOR MARTINS:Thank you, Mr. President.
I also rise to thank the Governor for these two very well qualified appointments to the MTA board.
First, of course, to Mitch Pally, congratulations. Welcome back. A tireless advocate for the riders on the Long Island Railroad. And certainly it's good to have you there.
John Molloy, a true professional, a person with the background and the expertise to represent the interests of our Long Island commuters and our Long Island residents when it comes to advocating for Long Island on the MTA board.
We're going through a critical period when it comes to the Long Island railroad. Certainly with the completion of East Side access and with upgrades in service, I'll echo my colleagues' statements that it is critically important that we have your two voices for Long Islanders, advocating for our Long Island Railroad and for our commuters.
It's great to have you on board.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Martins.
Senator LaValle.
SENATOR LaVALLE Thank you, Mr. President.
I want to congratulate both gentlemen. Mr. Molloy I don't know, but I do know Mitch Pally, who served on the Senate Transportation Committee as counsel and has been on the MTA board for a number of years, represents our county, the needs and the viewpoints of our county, and has been very much involved and hands-on. When we've had problems, he has attended meetings with us and our constituents, which I think is really great.
And, Mitch, once again, congratulations.
I vote aye.
ACTING PRESIDENT GRIFFO:Senator Nozzolio.
SENATOR NOZZOLIO:Thank you, Mr. President.
I congratulate each of the nominees and thank Governor Cuomo for putting good people on this very important board.
I'd just like to say a word about Mitch Pally. And it was over 30 years ago that I remember walking in, as a new Assemblyman, to what was Chuck Fuschillo's predecessor Senator Levy's Commission on Critical Transportation Choices.
And here a young Assemblyman meeting a young counsel, very aggressive, very into the issues of the day, skilled way back then in transportation issues and transportation policy. And that knowledge base has only grown through the years.
So, Mitch, it's very good to see you again. It was an honor to work with you many, many years ago. But you bring an expertise to this board that's invaluable. And that it's certainly, I believe, second to none in terms of your knowledge base. Congratulations.
I'd also just like to ask, since we have a captive audience of three MTA board members, that there is a part of MTA that is upstate. And particularly on the kinds of things like purchasing subway cars, establishing call centers, making the upstate economy part of your game plan, is something that we very much appreciate having done in the past and we hope that it will only be expanded in the future.
Mr. President, congratulations to three excellent nominees. It's my honor to support their candidacies.
ACTING PRESIDENT GRIFFO:The question is on the nominations of Mitchell H. Pally and John J. Molloy as members of the Metropolitan Transportation Authority. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Mitchell H. Pally and John J. Molloy have been confirmed as members of the Metropolitan Transportation Authority.
Congratulations.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:As trustee of the Cornell University Board of Trustees, Matthew L. Biben, of New York.
As trustee of the State University of New York Board of Trustees, Eric Corngold, of Brooklyn.
As member of the Behavioral Health Services Advisory Council, Susan A. Wheeler, of Whitney Point.
As member of the Niagara Frontier State Park, Recreation and Historic Preservation Commission, Ida Massaro, of Niagara Falls.
As member of the Veterans Affairs Commission, Bryan R. Mackey, of Clarence Center.
As member of the Minority Health Council, Elizabeth Gross Cohn, of Sea Cliff.
As member and chair of the Council on Human Blood and Transfusion Services, Donna Skerrett, M.D., of Mount Vernon.
As members of the Administrative Review Board for Professional Medical Conduct: John A. D'Anna, M.D., of Staten Island; Steven V. Grabiec, M.D., of Grand Island; Peter S. Koenig, Sr., of DeWitt; Richard D. Milone, M.D., of Rye; and Linda Prescott Wilson, of Laurelton.
And as members of the Council on Human Blood and Transfusion Services: Alicia Elena Gomensoro, M.D., of Staten Island; David M. Huskie, of Petersburg; and Philip L. McCarthy, M.D., of Williamsville.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Move the nominations.
ACTING PRESIDENT GRIFFO:The question is on the nominations of the names as presented for the offices as indicated. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The nominees have hereby been confirmed.
Senator Libous.
SENATOR LIBOUS:Mr. President, there will be an immediate meeting of the Rules Committee in Room 332. Immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332, an immediate meeting of the Rules Committee in Room 332.
SENATOR LIBOUS:The Senate will stand at ease.
ACTING PRESIDENT GRIFFO:Until such time, the Senate shall stand at ease.
(Whereupon, the Senate stood at ease at 9:33 p.m.)
(Whereupon, the Senate reconvened at 9:57 p.m.)
SENATOR LIBOUS:Mr. President, if we could return to reports of standing committees, I believe there's a report of the Rules Committee at the desk.
ACTING PRESIDENT GRIFFO:Reports of standing committees.
There is a report of the Rules Committee at the desk, and the Secretary will read.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 442, by Senator Diaz, an act to amend the Penal Law;
Senate 844, by Senator Parker, an act to amend the Domestic Relations Law;
Senate 847, by Senator Parker, an act to amend the Economic Development Law;
Senate 4186A, by Senator Dilan, an act to amend Retirement and Social Security Law;
Senate 4366A, by Senator Griffo, an act to amend the Banking Law;
Senate 4417A, by Senator Marcellino, Concurrent Resolution of the Senate and Assembly;
Senate 4527A, by Senator Hannon, an act to amend the Public Health Law;
Senate 4610, by Senator Young, an act to amend the General Business Law;
Senate 4761A, by Senator Golden, an act to amend the Retirement and Social Security Law;
Senate 5057A, by Senator Carlucci, an act authorizing;
Senate 5278A, by Senator Stewart-Cousins, an act in relation to authorizing;
Senate 5428A, by Senator Sanders, an act to amend the Social Services Law;
Senate 5483A, by Senator Hannon, an act to amend the Public Health Law;
Senate 5574, by Senator Boyle, an act to amend the General Municipal Law;
Senate 5690, by Senator Valesky, an act in relation to diagnosis;
Senate 5693, by Senator Zeldin, an act to amend the Real Property Law;
Senate 5714A, by Senator Breslin, an act to amend the Environmental Conservation Law;
Senate 5757, by Senator Hannon, an act to amend the Education Law;
Senate 5764A, by Senator Little, an act to amend the Public Health Law;
Senate 5770, by Senator Golden, an act to amend Chapter 58 of the Laws of 2010;
Senate 5781, by Senator Hannon, an act to direct the commissioner;
Senate 5800A, by Senator DeFrancisco, an act to amend the Public Authorities Law;
Senate 5807, by Senator Ball, an act to amend the Retirement and Social Security Law;
Senate 5811, by Senator Hannon, an act to amend the Public Health Law;
Senate 5814, by Senator Lanza, an act to amend Chapter 56 of the Laws of 2013;
Senate 5815, by Senator Ball, an act to amend the Public Authorities Law;
Senate 5821, by Senator Robach, an act to amend the Family Court Act;
Senate 5834, by Senator Hannon, an act to amend the Public Health Law;
Senate 5845, by Senator Ranzenhofer, an act to amend the Executive Law;
And Senate 5849, by Senator Boyle, an act to enact.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS: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?
(No response.)
ACTING PRESIDENT GRIFFO:The Rules report is accepted.
Senator Libous.
SENATOR LIBOUS:Mr. President, so that we're all on the same page, we are going to go to Senate Supplemental Calendar 56B.
Could we have the noncontroversial reading, please.
ACTING PRESIDENT GRIFFO:The Secretary will begin the noncontroversial reading of Senate Supplemental Calendar 56B.
THE SECRETARY:Calendar Number 1523, by Senator Diaz, Senate Print 442, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1524, by Senator Parker, Senate Print 844, an act to amend the Domestic Relations Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1525, by Senator Parker, Senate Print 847, an act to amend the Economic Development Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1526, Senator Dilan moves to discharge, from the Committee on Rules, Assembly Bill Number 6578A and substitute it for the identical Senate Bill Number 4186A, Third Reading Calendar 1526.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1526, by Member of the Assembly Abbate, Assembly Print 6578A, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1527, Senator Griffo moves to discharge, from the Committee on Rules, Assembly Bill Number 7213A and substitute it for the identical Senate Bill Number 4366A, Third Reading Calendar 1527.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1527, by Member of the Assembly Robinson, Assembly Print Number 7213A, an act to amend the Banking Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1528, Senator Marcellino moves to discharge, from the Committee on Rules, Assembly Bill Number 7868 and substitute it for the identical Senate Bill Number 4417A, Third Reading Calendar 1528.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1528, by Member of the Assembly Galef, Assembly Print Number 7868, Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The resolution is adopted.
THE SECRETARY:Calendar Number 1529, by Senator Hannon, Senate Print 4527A, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 10. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1530, by Senator Young, Senate Print 4610, 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 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1531, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 4983A and substitute it for the identical Senate Bill Number 4761A, Third Reading Calendar 1531.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1531, by Member of the Assembly Abbate, Assembly Print Number 4983A, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1532, Senator Carlucci moves to discharge, from the Committee on Rules, Assembly Bill Number 7514 and substitute it for the identical Senate Bill Number 5057A, Third Reading Calendar 1532.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1532, by Member of the Assembly Jaffee, Assembly Print Number 7514, an act authorizing.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:In relation to Calendar Number 1533, Senator Stewart-Cousins moves to discharge, from the Committee on Rules, Assembly Bill Number 4086A and substitute it for the identical Senate Bill Number 5278A, Third Reading Calendar 1533.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1533, by Member of the Assembly Paulin, Assembly Print Number 4086A, an act in relation to.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1534, by Senator Sanders, Senate Print 5428A, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1535, Senator Hannon moves to discharge, from the Committee on Rules, Assembly Bill Number 7665C and substitute it for the identical Senate Bill Number 5483A, Third Reading Calendar 1535.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1535, by Member of the Assembly Gottfried, Assembly Print Number 7665C, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1536, Senator Boyle moves discharge, from the Committee on Rules, Assembly Bill Number 1629 and substitute it for the identical Senate Bill Number 5574, Third Reading Calendar 1536.
ACTING PRESIDENT GRIFFO:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1536, by Member of the Assembly Gunther, Assembly Print Number 1629, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1537, Senator Valesky moves to discharge, from the Committee on Rules, Assembly Bill Number 403A and substitute it for the identical Senate Bill Number 5690, Third Reading Calendar 1537.
ACTING PRESIDENT GRIFFO:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1537, by Member of the Assembly Magnarelli, Assembly Print Number 403A --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 1538, by Senator Zeldin, Senate Print 5693, an act to amend the Real Property Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1539, by Senator Breslin, Senate Print 5714A, an act to amend the Environmental Conservation 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1541, Senator Hannon moves to discharge, from the Committee on Rules, Assembly Bill Number 7866 and substitute it for the identical Senate Bill Number 5757, Third Reading Calendar 1541.
ACTING PRESIDENT GRIFFO:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1541, by Member of the Assembly Glick, Assembly Print 7866, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect January 1, 2015.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 3. Senators Griffo, Marchione and Ritchie recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1542, by Senator Little, Senate Print 5764A, 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, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1543, by Senator Golden, Senate Print 5770, an act to amend Chapter 58 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, 62. Nays, 1. Senator Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1544, by Senator Hannon, Senate Print 5781, an act to direct.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1545, by Senator DeFrancisco, Senate Print 5800A, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1546, by Senator Ball, Senate Print 5807, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1547, by Senator Hannon, Senate Print 5811, 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 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1548, by Senator Lanza, Senate Print 5814, an act to amend Chapter 56 of the Laws of 2013.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1549, by Senator Ball, Senate Print 5815, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Martins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1550, Senator Robach moves to discharge, from the Committee on Rules, Assembly Bill Number 7400 and substitute it for the identical Senate Bill Number 5821, Third Reading Calendar 1550.
ACTING PRESIDENT GRIFFO:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1550, by Member of the Assembly Weinstein, Assembly Print Number 7400, an act to amend the Family Court Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1551, by Senator Hannon, Senate Print 5834, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect July 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1552, by Senator Ranzenhofer, Senate Print 5845, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 132. This act shall take effect July 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar 1553, by Senator Boyle, is high, so it will be laid aside.
Senator Libous, that completes the noncontroversial reading of Senate Supplemental Calendar 56B.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Could you go back to Calendar Number 1549, and could we withdraw the roll call and lay the bill aside. Number 1549, by Senator Ball.
ACTING PRESIDENT GRIFFO:We will return to Calendar Number 1549, by Senator Ball.
The Secretary will read.
THE SECRETARY:Calendar Number 1549, by Senator Ball, Senate Print 5815, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
SENATOR LIBOUS:Mr. President, lay the bill aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
That bill is laid aside for the day, Senator Libous?
SENATOR LIBOUS:No, not laid aside for the day, it's just laid aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside temporarily.
SENATOR LIBOUS:Thank you.
Mr. President, can we go back to the original active list for Thursday, June 20th. It's this piece of paper (showing).
ACTING PRESIDENT GRIFFO:We will return to the original active list.
SENATOR LIBOUS:Mr. President, we're going to have the controversial reading of this calendar. There were two bills that were laid aside. The first one would be the Golden bill, Number 371.
Hang on a second, everyone. Everybody pause. Deep breath.
ACTING PRESIDENT GRIFFO:We're going to ring the bell before we begin the controversial reading to get members in the chamber.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:I misspoke. There's only one bill laid aside; the other one was laid aside for the day. So we will take up the controversial reading of Calendar Number 371.
ACTING PRESIDENT GRIFFO:Calendar 371 is before the house. The bell has been rung.
The Secretary will read.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Hang on a second.
The Secretary will read.
ACTING PRESIDENT GRIFFO:The Secretary will read. We have a substitution.
THE SECRETARY:On page 11, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7832B and substitute it for the identical Senate Bill Number 4088C, Third Reading Calendar 371.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The bill is before the house.
Senator Gianaris, why do you rise?
SENATOR GIANARIS:Mr. President, i believe there's an amendment at the desk.
ACTING PRESIDENT GRIFFO:Excuse me, Senator Gianaris. We're going to read it, and then I'll allow you to make your proposal.
SENATOR GIANARIS:Thank you.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 371, by Member of the Assembly Cusick, Assembly Print 7832B, an act to amend the Election Law.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:May I have some order in the house, please.
SENATOR GIANARIS:Mr. President, I believe there's an amendment at the desk. I ask that the reading of the amendment be waived and ask that Senator Rivera may be heard on the amendment.
ACTING PRESIDENT GRIFFO:Senator Gianaris, I am in receipt of the amendment and I have reviewed the amendment and believe the bill to be nongermane to the original object and purpose thereof.
SENATOR GIANARIS:Mr. President, I'd like to appeal the decision of the chair.
ACTING PRESIDENT GRIFFO:The decision of the chair is being appealed. All those in favor --
SENATOR GIANARIS:And I would ask that Senator Rivera be heard on the appeal.
ACTING PRESIDENT GRIFFO:Senator Rivera will be heard on the appeal.
SENATOR RIVERA:Thank you, Mr. President. I know you probably want to get through this as quickly as possible, but I'm going to take a little bit of time because I want to argue on the germaneness of this particular amendment.
Now, as we know, the judgments that you have to make on the germaneness of this amendment has to do with whether it deals with the same topic of law and the same -- if it tries to change the title of the original bill, the subject matter, or the topic. And this is an amendment that very much has to do with the topic and the subject matter at hand.
What we're trying to do here with this amendment, what it would do, the result of it, we would have a fairer, more transparent, more accountable and ultimately a more democratic system.
This amendment is a fundamental -- yes. Yes, Senator Robach, I know you're watching me, and I'm watching you right back.
What this amendment would do is create a system that would be ultimately more democratic and more accessible. We would have a public financing system, which would mean that we would have more access for folks trying to run and participate in the electoral system as candidates themselves.
We would have a lower contribution limit, which means that we would have more access and more participation from the public at hand.
We would have stronger enforcement mechanisms, so you would have -- those that are breaking the law and those that do not obey campaign limitations, they would actually be held to a higher standard.
And we would have stronger disclosure guidelines, all of this having to do with changing election law.
Now, unfortunately, New York -- we are in many ways the progressive capital of the nation, but in many ways we are falling behind. And certainly when it deals with our electoral system and our campaign finance system, we are certainly lagging behind.
In New York State we are one of the most expensive states in the entire country. Just in 2009, the cycle that happened in 2009 and 2010, $87 million were spend on elections in New York State. But of those $87 million that were raised during that period of time, 99 percent of New Yorkers didn't give a cent toward that $87 million. Which means that the great majority of the people in this state don't participate in this area of our electoral system.
As a matter of fact, in the last couple of election cycles, going back to 2006, individuals that gave $250 or less -- and certainly folks in my district can afford to give much less than that, if they give at all -- we're talking about less than 7 percent of the total number of people that gave to any of us or any of the folks that ran on the other side of the hall.
Just going back to my race in 2010, I had to raise over $400,000. And on Election Day, I was $90,000 in debt.
We have a system that does not allow access for many New Yorkers, whether it's to give money, to participate in a way to support candidates, or to have candidates that are not wealthy or don't have the luck that I did to have many circumstances come together to be able to raise that sort of money to run. And I believe that that ultimately makes our system less democratic, it makes our system less transparent, less accountable and less fair.
Ultimately, Mr. President, this amendment, what it would do, by creating a system of public financing, a comprehensive system that would have lower contribution limits, stronger enforcement mechanisms, and stronger disclosure guidelines, what we're trying to say here with this -- what I'm trying to say here with this amendment, Mr. President, first of all, it is not a different topic or subject matter than the bill at hand and ultimately would create a system that is more democratic. Because I believe that we should have -- this system would actually encourage for us to have a healthy fear of the voters and not an unhealthy fear of lobbyists.
So, Mr. President, I argue for the germaneness of this amendment and hopefully it will be considered by the house.
Thank you so much.
ACTING PRESIDENT GRIFFO:Thank you, Senator Rivera.
Senator Gipson.
SENATOR GIPSON:Thank you, Mr. President. I'd like to speak briefly on Senator Rivera's amendment.
ACTING PRESIDENT GRIFFO:Proceed.
SENATOR GIPSON:I thank you for this opportunity.
Just to underline what Senator Rivera said, I do firmly believe that New York State is denying opportunities to the best and the brightest throughout our state, the opportunity to run for office. Whether you're rich or poor, you ought to have the chance to run for any office you choose.
ACTING PRESIDENT GRIFFO:Senator Libous, why do you rise?
SENATOR LIBOUS:He's not speaking on the amendment, he's speaking on ruling of the chair, Mr. President.
ACTING PRESIDENT GRIFFO:Correct. We're speaking on the process.
Senator Gipson, you may continue.
SENATOR GIPSON:Thank you very much.
And I believe also that more transparency is needed. And I believe that if all of these things came to bear in terms of fair elections, campaign finance reform, that we wouldn't be here at 10:20 at night, during vampire hours, as we seem to be committed to doing here on out. And I hope you understand that I had to find a way to get in before the night was over.
(Laughter.)
SENATOR GIPSON:So I appreciate the opportunity here, but I do take this very seriously.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:The question before the house is on procedures. All those in favor --
SENATOR GIANARIS:Show of hands, please.
ACTING PRESIDENT GRIFFO:Senator Gianaris has asked for a show of hands. It is so instructed.
All those in favor of overruling the ruling of the chair please raise your hand.
Announce the results.
THE SECRETARY:Ayes, 30.
ACTING PRESIDENT GRIFFO:The ruling of the chair stands.
On the bill, 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.)
ACTING PRESIDENT GRIFFO:Senator Espaillat to explain his vote.
SENATOR ESPAILLAT:Thank you, Mr. President.
In addition to the fact that this so-called electoral reform does not include campaign finance, I may also add to it that there is no question that the New York City Board of Elections has repeatedly failed the voters it serves time and time again. Its endemic and persistent refusal to undertake needed reform has hurt New York City voters.
The consequences of the board's actions are not theoretical or abstract. It's poor organization, inadequate training, planning, lack of transparency that has resulted in many registered voters being turned away at their long-time polling sites, voting via frequently disqualified affidavit ballots, and other forms of disenfranchisement.
These problems have disproportionately impacted many minority groups, non-English-speaking groups, and infrequent and first-time voters, the very people we should be encouraging to come forward and participate in the political and civic process.
Instead, Mr. President, I will be voting against this bill. I believe that the Board of Elections needs to do some major reform. There is another bill that we took up earlier, Senate Bill 3536, which leads in that direction, in making sure that voters are confident that when they deposit their vote, it will be counted, that at the end of the day we have a very accurate and transparent count, and that democracy is strengthened through these means.
For these reasons, Mr. President, I will be voting against this bill.
ACTING PRESIDENT GRIFFO:Senator Espaillat to be recorded in the negative.
Senator Golden to explain his vote.
SENATOR GOLDEN:Thank you, Mr. President.
This bill that we're passing tonight is supported by the mayor of the City of New York, the Board of Elections, and it just passed the Assembly just very recently.
This would allow for lever machines to be used during the runoff and the primary this September, and then going to the electronic machines to be used in November.
The reason for that, if we have a runoff, which is very probable, that we would -- if the process were to be .5 of 1 percent, there would be a paper recount. That paper recount could not possibly be done in the two-week -- which we just moved it in this legislation to three weeks, but still not enough time to count a million pieces of paper.
This, however, bill will give the Board of Elections the ability to have this election by using the lever machines and therefore not requiring a paper recount. And an electronic machine will be placed at each election site for the handicapped so that they have access.
The reason for this bill is very simple. Had we to do a paper recount like we did this past year in a Senate race, it took them, to count 22,000 votes, paper votes, 72 days. I have no idea how long it would take us to count a million pieces of paper.
So this bill also puts forward a study to be done by the Board of Elections to come back to us by July 1 of 2014 to tell us how they will complete the races in the future without having to use the lever machines.
But these lever machines are necessary so that the Board of Elections can get this done on time and that the City of New York can do a responsible race in a responsible period of time, getting a responsible count for that evening so that we can know who won the election for mayor in the primary, who wins in the runoff, and then going to the electronic machines to find out who will be the mayor of the City of New York in November.
I vote aye, Mr. President. Thank you.
ACTING PRESIDENT GRIFFO:Senator Golden to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 371, those recorded in the negative are Senators Espaillat, Gipson, Kennedy, Krueger, O'Brien, Parker, Rivera and Serrano. Also Senators Hoylman, Latimer, Squadron and Tkaczyk.
Ayes, 51. Nays, 12.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the controversial reading of the original active list of June 20th.
SENATOR LIBOUS:Mr. President, we're going to go to Supplemental Active List 1. It's a sheet of paper (showing).
ACTING PRESIDENT GRIFFO:The original supplemental active list of June 20th.
SENATOR LIBOUS:We'll take up Calendar Number 1048.
ACTING PRESIDENT GRIFFO:Calendar 1048, by Senator DeFrancisco.
The Secretary will read.
THE SECRETARY:Calendar Number 1048, by Senator DeFrancisco, Senate Print 3362A, an act to amend the General Municipal Law.
SENATOR KRUEGER:Explanation, please.
ACTING PRESIDENT GRIFFO:An explanation has been requested by Senator Krueger, Senator DeFrancisco.
SENATOR DeFRANCISCO: The State of New York is trailing economically just about every state. It's very difficult to start a business in New York. In fact, tomorrow we'll be dealing with a bill for some measures that the Governor has proposed to try to kickstart the economy.
We've got to cut back on paperwork. We can't have busywork being required not only by the State of New York but also by separate municipalities. What this bill says, at least as far as wage reporting, is that the state will set the rules by statute of when wage reporting has to be done. And it preempts local bills that require more such wage reporting.
There's an exception, however, if there's an investigation going on. Obviously, the investigators should be able to request whatever information they need no matter what the state law is. And it also accepts the prevailing wage and similar statutes dealing with Article 8 of the Labor Law.
ACTING PRESIDENT GRIFFO:Thank you for your explanation.
Senator Krueger.
SENATOR KRUEGER:Thank you.
Through you, Mr. President, if the sponsor would yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
Does the sponsor know how many municipalities would be affected by his legislation?
SENATOR DeFRANCISCO: I hope all of them. Because all would be preempted.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR DeFRANCISCO: Yes.
SENATOR KRUEGER:Does the sponsor know that New York City has adopted a wage notification law and that this law would be preempted by his bill?
SENATOR DeFRANCISCO: That's correct. You're talking about affordable housing, Senator?
SENATOR KRUEGER:Housing with government investment, yes.
ACTING PRESIDENT GRIFFO:Can I ask the members to please direct through the chair.
SENATOR DeFRANCISCO: Yes, I'm familiar with that statute. And that brought my attention to the potential problem. And that is we have an extensive wage reporting bill that was passed I think in 2009 or 2010. And then, despite that, in 2012 New York City came up with another wage reporting bill that is quite duplicative and quite frankly only dealt with one industry.
And so this is what I'm trying to prevent, so that someone trying to do business in the State of New York doesn't run into multiple reporting requirements on this topic, and sometimes just individual industries being required to provide more information.
SENATOR KRUEGER:Through you, Mr. President, can the sponsor tell me how many other municipalities have a wage law besides New York City?
SENATOR DeFRANCISCO: I have no idea. But New York City is an example of duplicative efforts.
And that's why we have federal preemption of state laws, we have state preemption of local laws, so we have some kind of consistency in certain areas. And there's got to be consistency in the regulatory system in the State of New York if we expect to keep what businesses we have and attract new businesses.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR DeFRANCISCO: Yes, I will.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Is the sponsor aware that the City of New York passed its law that specifically relates to construction of housing involving in some way government support -- tax exemptions, tax credits, direct grants or payments -- for affordable housing with government involvement after the federal Department of Labor had prepared multiple actions against such contractors and found millions of dollars in owed wages among several contractors and subcontractors in this field in New York City?
SENATOR DeFRANCISCO: I did not know that. But to me that's irrelevant, insofar as the state had already passed a law that would have provided the same information that the -- well, similar, not exactly the same. But that law was a duplicative effort to the bill that was passed in 2009, I believe sponsored by Senator Savino.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Would the sponsor agree with me that the law that was passed by Senator Savino involves providing the wage information to employees, and yet this city bill is to provide wage information to the government who's involved with providing funding and/or tax credits and exemptions for these construction jobs?
SENATOR DeFRANCISCO: Yes, I believe that's the case.
However, once again, there's the exception. You mentioned the potential problems that the federal government uncovered. However, "Nothing in this section shall limit the provision of employment and wage information pursuant to an investigation or enforcement of alleged violations of the Labor Law or an investigation or enforcement by a law enforcement agency," et cetera, et cetera.
So this is covered, and it would not interrupt any such investigation.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR DeFRANCISCO: Yes, I would.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Might we agree that there's a difference between trying to provide the information in order to track and document possible abuse versus having no ability to see patterns of abuse to then call in law enforcement to do investigations?
SENATOR DeFRANCISCO: That is correct.
But presently the investigators do have subpoena power. They do have the ability to get the information they choose if something is brought to their attention either by the Labor Department or a local entity or another employee.
SENATOR KRUEGER:On the bill, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:I think the sponsor and I disagree in our understanding of the value of this information in a transparent form so that government can in fact track relevant data to make sure illegal things aren't going on. And there's a big difference between that and having to hope there's some expose or filing of complaints with investigation of illegal activity.
The example from New York City, by the way, which did pass Local Law 730 -- which this bill, if it became law would preempt -- that it was passed by unanimous vote of the City Council in July of 2012, requires residential housing development initiated, funded or participated in by the Department of Housing Preservation and Development, New York City's housing agency.
As part of the disclosure, contractors are required to disclose to the department wage information such as the names of employees and their rate of pay and shifts and other wage information. The City of New York made a specific choice to go after contractors doing business with the department after there were exposes through the Department of Labor pursuing multiple actions with such contractors.
The legislation was introduced just one month after a department assistant commissioner and six developers were indicted for racketeering, conspiracy, bribery, extortion, wire fraud and money laundering in connection with corruption schemes that had netted defendants between $1 million and $2 million in kickbacks and bribes for looking the other way on wage exploitation, and the cost to the department of hundreds of thousands of dollars in overpayments to developers in these government-funded projects.
The legislation, if it passed today, would preempt a good-faith effort on the part of New York City to provide transparency in housing development projects subsidized through tax breaks and other initiatives.
Where there are taxpayers funding the projects, it seems only right that the municipality should have the right to know whether employees are being paid a reasonable wage and in fact are being paid what is being filed with the government and often partially billed to the government. This is a fundamental public right to know how their taxpayer dollars are being used.
Not only would this bill preempt New York City, but it would preempt any other municipality that attempts to provide transparency and disclosure of employee wages on public projects.
The sponsor and I each don't know if there are other equivalent laws throughout the State of New York. I know of New York City's situation. I know that this law grew out of a recognition that there was corruption and that people were being cheated out of their wages.
And it is a mechanism, a quite simple mechanism simply providing the information to be kept in a database so that government can track what is being paid or what is supposed to be being paid to whom, to help them match up whether in fact the information being reported on various contracting and grant reports is in fact consistent with what they know or don't know are the wages being paid. This is a simple, nonintrusive way for government to have transparency, for government to be able to watchdog its own spending in publicly funded housing projects and developments.
The legislation comes at the same time as some members of this body are attempting to repeal the wage notification provisions cited in the discussion earlier. And yet this legislation attempts to provide a justification that says we don't need the localities to have the right to collect the information because we have a state law that provides the information, except we're trying to repeal that state law perhaps in the exact same day or 24 hours from which this legislation is arguing the local law is duplicative.
I strongly urge my colleagues to vote no and to recognize that there are very good reasons for local governments to want to make sure that their funds are being properly spent, distributed in wages, and that in fact people are not, as we found in the City of New York, racketeering, committing bribery, extortion, wire fraud and money laundering with government money, rather than having maximum utilization of taxpayers' money to build what is supposed to be built to provide the housing in our communities that is needed.
I don't believe we need this law in New York State. And yet I'm very sure, at least for the City of New York, the local law is very important to have passed. I appreciate that my colleagues in the City Council worked so hard to get this law. I believe that New York City is now in a place where it can have more confidence in the information they have, the due diligence they can use, and in fact that investigations, if they take place, will be more targeted and more successful.
The local law is important. There is no reason for the State of New York to pass a law preventing them from continuing to have the local law. And in fact other localities in the state might do very well to pass their own local laws to do this kind of tracking for themselves.
I vote no, Mr. President. Thank you.
ACTING PRESIDENT GRIFFO:Hearing and seeing no other Senator who 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 1048, those recorded in the negative are Senators Adams, Addabbo, Avella, Diaz, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins.
Absent from voting: Senator Sampson.
Ayes, 43. Nays, 19.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the controversial reading of the original supplemental active list of June 20th.
SENATOR LIBOUS:Mr. President, we're now on Supplemental Calendar 56B. We're going in order on the lay-asides.
ACTING PRESIDENT GRIFFO:The bell has been rung.
We're on the controversial reading of Senate Supplemental Calendar 56B, and we'll begin by the Secretary reading Calendar Number 1532.
THE SECRETARY:Calendar Number 1532, by Member of the Assembly Jaffee, Assembly Print 7514, an act authorizing.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT GRIFFO:An explanation has been requested, Senator Carlucci, by Senator Krueger.
SENATOR CARLUCCI:Thank you, Mr. President.
This bill allows the East Ramapo Central School District to advance their September lottery aid payment from September to June.
This initiative has been supported by NYSUT, the School Boards Association, and the State Education Department.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Thank you. Through you, Mr. President, if the sponsor would yield.
ACTING PRESIDENT GRIFFO:Does the sponsor yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Why does East Ramapo need this money at this time?
SENATOR CARLUCCI:Thank you, Senator, for that question.
The East Ramapo School District has experienced some very dramatic changes over the past few years. In fact, they've had a student body increase of about 30 percent in just the last five years. And this year's budget, they had put in devastating cuts to the tune where they said that if they weren't able to get this funding, the $3.5 million that this will put into this --
ACTING PRESIDENT GRIFFO:Can we have some order in the chamber? I'm sorry, Senator Carlucci.
Can we have some order in the chamber, please.
SENATOR CARLUCCI:-- to put into this year's school budget, they would have to cut programs that are really essential to developing quality students and the leaders of tomorrow. Programs like sports, guidance counselors, health services, sports programs.
This is really an urban school district in a suburban community and experiencing the growing pains of that. And this is an effort to make sure that these students get the best education possible. And we found this as a reasonable way to do that.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:Does the sponsor yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:How much was the school budget cut over the last year or several years, as the sponsor referenced? What's the dollar difference in the reduced budget?
SENATOR CARLUCCI:I don't have that number in front of me.
SENATOR KRUEGER:Through you, Mr. President, will the sponsor continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:Senator Carlucci yields.
SENATOR KRUEGER:Does the sponsor know what percentage the budget was cut, if he doesn't know the dollar amount it was cut?
SENATOR CARLUCCI:Well, I do have the number. The number, the cut, was $452,000.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Was the budget cut by $452,000 because there was a vote to reduce the school district funding or the school budgets?
SENATOR CARLUCCI:Yes, there was a school board budget.
This initial $3.5 million, they were facing a $2.3 million shortfall. The district had to find ways to plug that gap and try to still provide essential services to students. When they had their meetings to develop that budget, they had talked about the specific areas that would have to be cut if they were not able to find this $3.5 million.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So there was a $2.3 million shortfall already. What explains that shortfall? What caused that shortfall?
SENATOR CARLUCCI:Well, there's many different things that caused that shortfall.
One of the big things is, again, this is really a district that's become an urban district in a suburban community. We have about 30,000 children in this school district, an increase of close to 30 percent just over the past five years. And those are some of the things that have led to the shortfall and this budget gap.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:I believe that this is the town that I have read many articles about that there is a serious corruption problem, that the school board members do not send their own children to the public school system and seem to have -- it appears intentionally -- misdirected funds and made sure that there was not adequate funding to provide for the children who go to the school system.
Would the sponsor agree with me on that analysis?
SENATOR CARLUCCI:Well, Senator, what I would say -- and I thank you for bringing that to everyone's attention.
What I've done with this bill is to put in strict oversight in terms of where that money could be spent. And working with the State Education Department, we developed this legislation to make sure that that money is going where we intend it to go, to make sure it's going to after-school programs, to music programs, to what we actually put exactly in the budget and detail where that money will be spent.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Can the sponsor cite the sections of the bill that make that explicit, that actually how the funds will be spent will not be controlled by the school board but rather by SED?
SENATOR CARLUCCI:Thank you, Mr. President.
Yes, to answer the Senator's question, it's Section 1, paragraph 2, in talking about the specific programs and where the funding has to go. Yes, Section 1, paragraph 2.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:Senator Carlucci, do you yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
Is this not just standard language for all spin-up bills in education? Is there something different or unique in this oversight, as opposed to standard language that is used whenever school districts are asking for advance money or spin-up money, as we sometimes refer to it?
SENATOR CARLUCCI:Yes, Mr. President. And as the Senator had previously stated, the reasons for making this bill a little unique are to address the concerns that the Senator and many people have, is to make sure that that money is directed to those programs.
So it is using language that has been set by precedent in this body, in using other piece of legislation from spin-up bills that have been done in the past. But it adds that strict oversight to make sure that that funding is going to those programs that we want to make sure continue to help the children in that district.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Is there anything in this bill that gives SED or the state the power to replace the superintendent and/or the school board, given the fact that they have mismanaged state money, and I don't see the advantage of giving more money to the same people who have done such a terrible job?
SENATOR CARLUCCI:Well, Mr. President, let me say we're not giving more money to the school district. This is not costing the state any additional funding or any of the taxpayers of the State of New York.
What we're doing is moving the payment that they are expecting in September of this year to June of this year, to get it into their budget for this year so that they can fill that budget gap. So that's what this bill is doing. It's not any increased funding.
It does have the oversight to go to those key specific programs. And no, it doesn't add anything to allow the State Education Department to remove the superintendent.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Except that a spin-up giving them $3.2 million earlier does not cost the state more. If they spend that money now, how will that fit the $3.2 million hole they will have when they don't get this money from us later?
SENATOR CARLUCCI:This funding they will receive every year. This will move it up from September to June. They will still receive a payment in September. It will be obviously much less than the payment in June. And that will be phased out over the coming years to eventually phase back in to receiving the full payment in September.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Would the sponsor agree that SED going in and replacing the leadership and taking control of the school district would be a better answer for the children of the Town of East Ramapo than simply advancing $3.2 million early to the same people who have created such a problem so far?
SENATOR CARLUCCI:Well, that's not the intent of this legislation.
I think that we need to have all options on the table in dealing with the East Ramapo School District. And I look forward to having SED, Dr. King, involved in the East Ramapo School District, for the reasons that I spoke about earlier.
We're going through some dramatic changes. I know every member in this body is experiencing issues with their school districts. This district is very unique. It's the only type of its kind in the State of New York where we have such a unique student body, where we're growing in leaps and bounds in terms of adding about a thousand new students every year to the private school while still serving a population that has about 75 percent of our students on free or reduced lunch, a high homeless student population.
And I would agree with the Senator that we need all options. And I would engage the Senator to work with me to help the students of East Ramapo and would look forward to that partnership in working with the Senator.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:I find it hard to argue with my colleagues that they should vote to refuse East Ramapo the money, because the schools and the children desperately need it.
But when the sponsor talks about working to resolve the problems, first, it's not unique. There are many communities -- many communities in my own city -- that have high rates of immigrants, high rates of very poor students, rapid growth, and serious special needs among significant percentages of the population, populations of immigrants just like those in East Ramapo.
What is different in East Ramapo I believe is that there has been a gutting of public education funding inappropriately, that these children have been deprived of their right to a quality public education. Even though huge amounts of government funds are going into this town, they are not appropriately being used in their public school system.
I actually think that the right legislation for this house to be reviewing and passing tonight is a bill that would have SED take over the East Ramapo school system.
I recognize that this money is going with some strings attached. I do not believe the strings will be adequate. I do not believe this will in any way resolve the problems we are seeing, we are reading about.
I think as recently perhaps as yesterday, there was a massive walkout of the school system by the young people, in desperate frustration over the fact that they have no realistic chance of the education they deserve in order for them to be able to graduate and become productive adults in our society, that they are being -- and it appears specifically by race, that they are being discriminated against in their own school system. That the school board is completely irresponsible when it comes to meeting the needs and the obligations and the legal commitment they should be making as school board members.
Are you saying "Excuse me" to me?
ACTING PRESIDENT GRIFFO:Senator Krueger, you may continue.
SENATOR KRUEGER:Thank you. I wasn't sure whether Senator Libous was trying to get my attention or your attention.
That this is an atrocity for the State of New York, that it requires much more aggressive action. That a $3.2 million advance on lottery education funds cannot solve the problem, and I worry that it will be spent badly the same way the current funding is being spent.
But I won't be voting no on this bill. I will be urging the Senator who represents this area, the sponsor of this bill, to rush forward with legislation and action that forces change in the East Ramapo school system before another year passes, another group of children lose their fair and rightful opportunity for quality education.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Latimer.
SENATOR LATIMER:Thank you, Mr. President. On the bill.
ACTING PRESIDENT GRIFFO:Senator Latimer on the bill.
SENATOR LATIMER:It's always been my sense that whenever any of our colleagues need something for one of their local communities, that we defer to their evaluation and we generally try to support it in almost every case.
And I really think tonight I feel very much for my friend the Senator from Rockland County, because I think he and his Assembly colleague have been given a very bad hand to play. And I respect the fact that you're working hard on behalf of the kids in your community.
But I have to pick up where Senator Krueger left off. I think what we're facing in East Ramapo is a disgrace. It is a disgrace to public education, and I think all 63 of us know that it's a disgrace to public education.
As Senator Krueger said, and I echo her call, it is time for the State Education Department to step in and to take over the responsibility for this district. We do in fact have districts all across our state that have needs. And when I hear any of my friends on either side of the aisle identify that they've got a rural or an urban district that has economic needs and we need to spin up -- and we know that's a radical step to take, but it makes sense if there are checks and balances in place that will try to help resolve the issue that's at hand.
All of our school districts, under the tax cap and under other pressures, are facing terrible financial problems. But where East Ramapo is at is well beyond that point. We are watching a systematic effort to wreck a public school system. And if it was my child or, worse yet, me myself that sat in that district needing public education and knowing that because of the political construct of the community that school board members were being elected by a majority of the people specifically to undermine that task, then some force from outside of that community has got to step in.
Why do we have a State Education Department to monitor what's happening unless in these extreme cases we step in?
Now, I can't say whether the behavior is criminal or just a set of public policy. If I thought it was criminal, I'd call for a Moreland Commission to get into this.
But this is exactly, Mr. President, where I think we have to draw a line at some point in time.
Again, I feel for Senator Carlucci. I believe he is trying his best given the situation. If I'm not mistaken, this is the second spin-up bill that we've dealt with in the last couple of weeks. And when you see that happen and you don't see a real effort to restructure what's happening there, then I think the problem goes a lot deeper than just the fact that they have a shortfall of money.
And what we've read, Mr. President, we've all read, is that the students in the public school system and the parents in the public school system are beside themselves because they're unable to effect a change.
I'm not sure if I'm going to vote yes or no for this. I obviously want to think. And I am trying to be as sensitive as I can to my colleague and his needs. But I think at some point in time this state has to say what's happening in East Ramapo is dead wrong and we're not going to accept that, none of us. Not any of us. It's wrong what's happening in that district and we ought to stand up and say that as a unified body.
ACTING PRESIDENT GRIFFO:Senator Stavisky.
SENATOR STAVISKY:Thank you, Mr. President.
I would appreciate it if Senator Carlucci would clarify a couple of points that he made. So if he would yield.
ACTING PRESIDENT GRIFFO:Are you asking Senator Carlucci to yield?
SENATOR STAVISKY:Yes.
ACTING PRESIDENT GRIFFO:Senator Carlucci, do you yield?
SENATOR CARLUCCI:Yes, I'd be happy to.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR STAVISKY:In your opening you talked about some of the difficulties facing the Ramapo School District, and then you used the word "unique." What is the cause of these problems, the difficulties?
SENATOR CARLUCCI:And this is -- just so we're clear, this is the East Ramapo School District.
And what we have here is an explosion in growth. We have a population of about 30,000 students, 70 percent of which are in the private schools. Meaning that I believe that the funding formula in state aid is not equitable to the students of East Ramapo, something I would love to work with my colleagues to address, the previous speakers that spoke about this, because I agree. We asked for the colleagues here to help us to make sure that we deal with this unprecedented issue.
That's what we have, an unprecedented issue. And we've been working hard -- myself, my colleagues in the Assembly -- to try to address these issues and do it in a body where maybe people aren't familiar with the issues that we're facing.
And I think there are many things that we can do. I think a first step and the right thing to do is pass this legislation tonight so that we can get on the right step. In this bill the goal is to get that funding, fill that budget hole, put in oversight in this bill where we say it has to go to these specific programs.
And also the district has to do a detailed plan that they have to submit on a monthly basis to SED to make sure that they are moving on the right track than we can avoid any impropriet -- any thought of money not going to the appropriate place.
SENATOR STAVISKY:If the sponsor would continue to yield.
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR STAVISKY:You said that in that school district about 70 percent of the children do not attend the public schools. You did give the number, and was it -- how many children are there in the East Ramapo School District?
SENATOR CARLUCCI:There are approximately 30,000 students in East Ramapo.
SENATOR STAVISKY:That's what I thought, 30,000 children in the East Ramapo School District. And of that 30,000, how many are children with special needs?
SENATOR CARLUCCI:I don't know. I don't have that number.
SENATOR STAVISKY:It's a very high percentage, is it not?
SENATOR CARLUCCI:I'm not sure what the percentage is, but there are many students out of the 30,000 that do need special services, absolutely.
SENATOR STAVISKY:If the sponsor would just answer really one more question.
SENATOR CARLUCCI:Absolutely, yes.
ACTING PRESIDENT GRIFFO:The sponsor continues to yield.
SENATOR STAVISKY:Wouldn't you agree that it costs a lot more to educate a child with special needs and this is part of the problem as well?
SENATOR CARLUCCI:Well, it definitely costs more to educate a child with special needs.
SENATOR STAVISKY:And this is part of the problem as well.
SENATOR CARLUCCI:Well, it's part of the financial issue, yeah. All the issues with this is that with the private school, 25 percent of the mandated costs in this district are going towards mandated costs in the private school system. So it's something that when we look at the school aid formula, it doesn't really take into equation.
And that's what we see on this new frontier of a district like this, that the way that we've governed and the way that we've funded our school districts for the past hundred years really hasn't kept up with a changing society and changing demographics that have changed so dramatically, like in the East Ramapo School District.
So again, I think this is a step that we need to take. And I ask that my colleagues support this legislation so that we can make sure that the children in the East Ramapo School District get the best education possible.
SENATOR STAVISKY:Thank you, Mr. President. Thank you, Senator.
ACTING PRESIDENT GRIFFO:Thank you, Senator Stavisky.
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:Senator Sanders to explain his vote.
SENATOR SANDERS:In response to the urgent plea of my colleague Senator Carlucci, I am going to vote for this. But I am also joining the call that the State Ed Department, the State Board of Ed, needs to step in and resolve this issue.
ACTING PRESIDENT GRIFFO:How do you vote, Senator Sanders?
SENATOR SANDERS:I am voting yes.
ACTING PRESIDENT GRIFFO:Senator Sanders to be recorded in the affirmative.
Senator Gipson to explain his vote.
SENATOR GIPSON:Thank you, Mr. Speaker.
This is a tough vote. You know, I feel for this school district. But I just don't think this is the way to go about solving this problem, so I am going to vote against it.
But I want to say this. There's a big building across the street that houses the Education Department. There are a lot more people working over there than there are over here. And I think it's time that this body begin to ask a serious question about what exactly are they doing over there, and why have they allowed this school district to get to this point.
Because I'm afraid it won't be very long before other school districts will be at this point as well. And we need to start holding the State Education Department accountable for solving these problems before we get to this crisis point.
Thank you. And I will be voting no.
ACTING PRESIDENT GRIFFO:Senator Gipson to be recorded in the negative.
Senator Diaz to explain his vote.
SENATOR DIAZ:Thank you, Mr. President. Also to wish your father a happy birthday.
Mr. President, you know, I know how it is, I know how it is when you really need help and you don't get it. I know how many times people in my district, in our community, need the kind of help that Senator Carlucci is asking us to help him. We haven't got it. And I know how it feels when you say "My children in my district need this help and, you know, I cannot get it."
For whatever reason, and because I sometimes don't get the help that I am asking and I know how it feels, I am supporting Senator Carlucci in his cry for help for the children in his district. So even though I haven't got the help when I need it, Senator Carlucci, I'm here voting yes to be sure that you get the help that you are asking for.
I'm voting yes.
ACTING PRESIDENT GRIFFO:Senator Diaz to be recorded in the affirmative.
Senator Latimer to explain his vote.
SENATOR LATIMER:Thank you, Mr. President.
A very hard vote. I am going to vote yes, not because I believe that the school district deserves it, but because there are children that will most likely suffer and the state will be blamed for the lack of this spin-up revenue.
But I will repeat what I said in my longer speech earlier. I think that what's happening there is wrong, and I think this vote should be interpreted as the last time that this state is going to try to bail out a situation. The next action of this state should be tough and severe and strong.
But I will be in the affirmative on this vote.
ACTING PRESIDENT GRIFFO:Senator Latimer in the affirmative.
Senator Carlucci to explain his vote.
SENATOR CARLUCCI:Thank you, Mr. President.
I want to thank the colleagues in the Senate for supporting this piece of legislation. And it's good to see so many of my colleagues so concerned about the children in the East Ramapo School District.
We need to get the State Education Department involved in finding solutions. And I look forward to working with all of you in the future towards solutions that we can try to help the children in this district.
Again, this is a first step. This is one of many solutions that need to be put forward to address the problems in the East Ramapo School District. And I am really uplifted by the support in this chamber and the commitment towards addressing the problems in the East Ramapo School District. I'm looking forward to working with each and every one of you. So thank you.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Carlucci to be recorded in the affirmative.
Senator Flanagan to explain his vote.
SENATOR FLANAGAN:Thank you, Mr. President.
I rise and I'm going to vote in the affirmative on this bill.
And Senator Carlucci didn't really speak to something that I know he's been doing. All the things that everybody raised about the involvement of the State Education Department, he's way ahead of everybody. He's tried to interact with the State Education Department, and they do bear a fundamental responsibility. And they have some inherent power to get into a school district independent of any new legislation that maybe enacted.
But I also want to point out a couple of things. Senator Stavisky, you asked about funding. They receive approximately $52 million in state aid. They fluctuated between last year and this year about $2.5 million in special ed funding for public and private excess cost aid. So their number is not disproportionate. I think if you look within their population, it is a legitimate and fair concern in terms of the special ed population.
But also, too, everyone should understand that this is not without precedent. We have done this not last night or last week, but we've done this for Buffalo, Utica, Syracuse. And the fundamental distinction with Senator Carlucci's bill, all those other chapters said that they could use it for academic purposes. He highlighted areas where he knew there were specific problems and gave them a mandate and put more oversight and more regulation than any of those other previous pieces of legislation. So he put in safeguards that will be good for all of the students that everybody talked about.
And if we are focusing on the children of East Ramapo, this is not something we want to jump into every single time problems arise, but it is something that will benefit those children in particular.
I vote yes.
ACTING PRESIDENT GRIFFO:Senator Flanagan will be recorded in the affirmative.
I would ask all those who are in the negative to please raise your hand again.
Senator Stavisky, do you rise to explain your vote?
SENATOR STAVISKY:Very briefly.
I too don't want to penalize the children of the East Ramapo School District. But I think this is the last time we should be doing this.
Thank you.
ACTING PRESIDENT GRIFFO:How do you vote, Senator Stavisky?
SENATOR STAVISKY:I vote yes.
ACTING PRESIDENT GRIFFO:Senator Stavisky to be recorded in the affirmative.
Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I rise to support this legislation and to support Senator Carlucci.
The City of Mount Vernon had similar issues, similar problems. We appealed as parents, as community leaders, to SED to ask them to take over our school district. One of the things that SED said to us was that they had too many schools already that they had responsibility for and did not have the monitoring mechanism to take on another school.
Now, we do have an obligation to ensure that money when it goes into districts is properly spent. I have no doubt about that. But I also understand what the population of East Ramapo is, which is what nobody wants to talk about. And I could never stand here and vote against.
And I think Senator Fuschillo can attest to this, when we did for Roosevelt. I think that Senator Stewart-Cousins can attest to it when we did it for Yonkers. So all of us have had a time when we've sat in this same seat and been in this position and said "What do we do?"
Well, there are a lot of things that we can do. And I can appreciate and support his legislation. I've heard him say to everyone who has spoken: "I need your help. We'll work with you." And I think this is an opportunity for us to begin to look at each of these school districts and talk about how can we begin to reset the models for how school districts should be getting their funding and have the proper monitoring mechanisms to ensure that money is being spent where it's supposed to be spent, and that is on the children.
So, Mr. President, tonight I will support Senator Carlucci not only in voting on this, but will agree to help him in an effort to help my own community to figure out what do we do to help all of our children.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1532, those recorded in the negative are Senators Ball, Dilan, Montgomery, Parker, and Tkaczyk.
Ayes, 58. Nays, 5.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1537, by Member of the Assembly Magnarelli, Assembly Print Number 403A, an act in relation to.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT GRIFFO:Senator Krueger has asked for an explanation, Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
This bill is designed to provide legislative authority and direction to the Commissioner of the Health Department to be able to intervene and provide assistance to a small rural hospital in my Senate district that several years ago -- could I have a little order, please?
ACTING PRESIDENT GRIFFO:Can we have some order in the house.
Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
It directs the Commissioner of the Health Department to provide potential assistance to a small rural hospital in my Senate district that several years ago developed a highly successful orthopedic surgery program. That program, the majority of patients participating are receiving services paid for by commercial insurers. The rate that has been paid over several years has made it increasingly difficult for the hospital to be financially successful.
And as I said earlier, this bill would provide legislative direction to the Health Commissioner to be able to intervene and provide necessary assistance.
ACTING PRESIDENT GRIFFO:Thank you, Senator Valesky.
Senator Krueger.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would yield.
ACTING PRESIDENT GRIFFO:Senator Valesky yields.
SENATOR VALESKY:Certainly.
SENATOR KRUEGER:How does this bill provide guidance to the Commissioner of Health to address this problem?
SENATOR VALESKY:Mr. President, through you, the bill would authorize, legislatively authorize the commissioner to intervene in negotiations between the hospital in question and the health insurer that serves the area, and to be able to provide that legislative direction and guidance to in effect set a different rate that would be more beneficial to the hospital.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would yield.
SENATOR VALESKY Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So this legislation would authorize the commissioner to negotiate a different rate of payment with private insurance. Is that what he just said?
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:It would authorize the commissioner to do that for the period January 1, 2010, through December 31, 2013. So retroactively.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR VALESKY:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Does the Department of Health now negotiate rates between private insurance companies and hospitals for anything prospective or retroactive?
SENATOR VALESKY:Mr. President, through you, this is for a very specific procedure that we believe, in working with the Health Department, that there would need to be legislative clarification from us to authorize the Commissioner of Health to enter into that relationship.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
SENATOR VALESKY:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
Is this legislation just for negotiating with private insurance, or does it also encourage or require the State Department of Health to retroactively change the formula for Medicaid reimbursement for procedures at this hospital?
SENATOR VALESKY:Mr. President, this is for private health care carriers only. There is no Medicaid component to this legislation.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR VALESKY:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So again, this legislation gives the Department of Health Commissioner authority to negotiate between private health insurance plans and a private hospital. Why does he have the authority to do that now? Is it not a private company in negotiations with a private hospital? I'm confused about what his authority is and what authority we would be giving him with this legislation.
SENATOR VALESKY:Well, Mr. President, this legislation would authorize the commissioner to in effect serve as an arbitrator between this particular rural hospital in Central New York and the only insurance carrier that serves the region.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR VALESKY:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
I'm concerned about the precedent, Mr. President, and I'm --
ACTING PRESIDENT GRIFFO:Senator Krueger, can you direct your question, please.
SENATOR KRUEGER:Yes, I'm getting there, Mr. President.
So I'm concerned about the precedent. This would be having the Commissioner of Health play a role of negotiator between private health insurance -- not government-funded health insurance -- private health insurance and a private hospital.
Would we be violating any other insurance laws? Because then conceivably why wouldn't each hospital who thinks it's not getting the right deal on insurance reimbursement also come to the State Department of Health and say, "Negotiate a better deal for me, too, please"? I'm very concerned about the precedent.
Could the sponsor answer the question how, if we were to pass this, it doesn't open up a whole new set of roles and responsibilities for the Commissioner of Health, a whole new set of roles and responsibilities for the State of New York vis-a-vis setting rates of private insurance companies?
SENATOR VALESKY:Well, Mr. President, I guess I can only answer that question through the fact that there has been no stated opposition from insurance companies, representatives of insurance companies, or anyone else, for that matter, to this piece of legislation.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR VALESKY:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Would this impact Medicaid reimbursement even though he says the bill doesn't address Medicaid? Because if insurance companies increase their payment for these procedures, even retroactively, would there be some expectation or assumption in the law that Medicaid would have to increase its reimbursement prospectively or retroactively for these services?
SENATOR VALESKY:Mr. President, no, it would not.
In fact, we have already addressed this issue. This language was included in the Senate one-house budget that was approved by this house back in March. It was not included in the final budget that was adopted.
So this house, and working with the Assembly, my intent is to continue to pursue this legislative solution at this point in time. The Assembly has already approved the bill, and I am hoping that my colleagues will join me in doing the same momentarily.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR VALESKY:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:I actually didn't vote for that one-house budget bill, so I'm not sure I agreed to it earlier.
Do we have an estimated cost of what the expected new revenue to the hospital would be?
SENATOR VALESKY:We do not.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR VALESKY:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:What is the name of the insurance company that primarily provides insurance for the patients at this hospital receiving this care?
SENATOR VALESKY:Mr. President, I think it's typically the custom here -- and certainly the way the bill is written, the bill does not name the hospital that would be impacted.
But in the interest of expedited debate here at this late hour, we'll indicate to Senator Krueger that the Excellus Insurance Company is the insurance carrier in question.
SENATOR KRUEGER:Thank you.
Through you, Mr. President, actually the hospital is named. It's the Community Memorial Hospital.
But the sponsor had said earlier it was a particular insurance company that the hospital worked with, so I did not think it was inappropriate to request the name of the insurance company.
Through you, Mr. President, if the sponsor would continue to yield.
SENATOR VALESKY:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Since the earlier answer was there's no opposition, do we know if the Excellus Insurance Company thinks this is a good piece of legislation and supports it?
SENATOR VALESKY:Again, Mr. President, I have heard no opposition expressed from that particular insurance company.
And just to correct the record, the bill that we're speaking about, Senate Bill 5690, there is no reference in this bill to the hospital in question. So I'm not sure, from Senator Krueger's previous statement, where she's finding that, but I don't see that in the bill we're speaking about.
SENATOR KRUEGER:Through you, Mr. President, if I might answer. It's in the official bill memo attached to the bill written I believe by Senator Valesky, the second to last paragraph of the bill memo. Actually, several times mentioned in the bill memo. So yes, it's not in the bill, it's in the bill memo.
Through you, Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:There are so many hospitals in financial trouble in the State of New York: Small rural specialty hospitals -- as apparently this hospital, Community Memorial Hospital, is -- large hospitals such as the hospitals in Brooklyn that my colleagues have spent so much time over the last six, eight months trying to help make sure don't close leaving large urban areas of Brooklyn without adequate hospital care.
I don't know one healthcare provider who has not come to me to tell me of their problems with rate reductions by the state, with squeezing by insurance companies, by confusion over where we all might be going in health insurance in the future.
We have gone through Medicaid redesign, we are attempting to implement the American Care Act. We are literally at a moment in time where everything is changing in healthcare hospitals and healthcare reimbursement. And there's a lot of problems. And I'm sure this is a real problem for this hospital. I do not intend in any way to minimize my understanding of the difficulties they are having. And I would even say I would like the state to be able to help all the hospitals that are in trouble in our state.
What I can't support and why I can't vote for this bill is I don't actually understand how empowering or ordering our State Commissioner of Health to negotiate between a private health insurance company and a specific hospital is a good precedent for the state.
I have to believe, if they're not successful, somehow it's the State Department of Health Commissioner's fault. And, if he is successful, why every single hospital and healthcare provider in the State of New York wouldn't be lining up in front of his office the immediate next day saying "Now negotiate for us." Because why wouldn't we do that?
We seem to be struggling ourselves to establish rates of payment through government-funded health insurance that we can justify asking for taxpayer assistance with, balancing our budget while trying to meet our needs of public health costs and public health insurance reimbursement rates. Which have also been reduced, causing great pain to hospitals with a higher rate of Medicaid use than apparently this hospital has, at least according to the sponsor's memo.
And so it's very possible no one has said "No," in a memo, "this is a bad idea." And yes, apparently the Assembly passed it 6/18, two days ago.
But I have to believe it's not good public policy for the State of New York. And that the concept of saying our Commissioner of Health is supposed to go in and negotiate rates between individual hospitals and individual insurance companies isn't the right way to approach the problems and the growing pains and the real issues we are facing between hospitals and payment of healthcare all over the state.
So I cannot vote for this bill, Mr. President. Thank you.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator wishing to be heard -- Senator Hannon.
SENATOR HANNON:Mr. President, I just want to comment on this bill.
ACTING PRESIDENT GRIFFO:Senator Hannon on the bill.
SENATOR HANNON:First of all, in regard to whether this is some type of extraordinary intervention, let me point out that the state, by budget, change. The way we set rates for all hospitals. In the case of the situation described here, which is orthopedic cases, they changed what they call the DRG, the diagnostic related group, and lowered the price.
This little hospital suffered a severe drop in reimbursement. There was one other hospital like that, but that was the hospital for Special Surgery, which may or may not be in Senator Krueger's district, but it's real close. But they had a decent way of negotiating because of their very valued name. This little hospital did not.
So the question would be, how do you rectify that? So for a certain specific situation it talks about having an intervention, like an arbitration, to try to rectify what we in the Legislature did by changing the diagnostic related groups.
Questions of hospitals in trouble, we have any number of different things we're trying to do, will do, have done. We've done two just in the last calendar, one for the hospital up in Lake Placid, one for a hospital in my district, one for a hospital in Westchester. It's actually three bills.
So looking at these on a specific basis, trying to save something that ought to be saved, this is what this bill is doing.
I congratulate Senator Valesky, and I would urge its approval.
ACTING PRESIDENT GRIFFO:Are there any other Senators who wish to be heard?
Seeing and 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 Valesky to explain his vote.
SENATOR VALESKY:Thank you, Mr. President. I just want to take one moment --
ACTING PRESIDENT GRIFFO:Can I have some order in the house, please.
Senator Valesky.
SENATOR VALESKY:-- just take a moment to thank all of my constituents for helping to solve an important issue and provide critical healthcare in the rural part of the state in Central New York.
And I also want to thank the chairman of the Health Committee, Senator Hannon, for putting this narrow issue in a broader context. Thank you, Senator.
Thank you, members of the Senate, for supporting this bill. I vote in the affirmative.
ACTING PRESIDENT GRIFFO:Senator Valesky to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1537, those recorded in the negative are Senators Krueger, Rivera, Sanders and Serrano.
Ayes, 59. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1549, by Senator Ball, Senate Print 5815, an act to amend the Public Authorities Law.
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.
Senator Libous, that would complete the controversial reading of Senate Supplemental Calendar 56B.
SENATOR LIBOUS:Thank you, Mr. President.
Could we return to motions, please.
ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.
Senator Libous.
SENATOR LIBOUS:On behalf of Senator Ranzenhofer, I wish to call up his bill, Senate Print 5845, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 1552, by Senator Ranzenhofer, Senate Print 5845, an act to amend the Executive Law.
SENATOR LIBOUS:I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is restored to third reading.
SENATOR LIBOUS:Mr. President, pursuant to Rule 6, Section 2, the Senate will convene after midnight. We will remain in session after midnight.
ACTING PRESIDENT GRIFFO:All in favor signify say aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:We shall continue.
SENATOR LIBOUS:Mr. President, we didn't have to take it to a vote, but it's nice that it was unanimous.
(Laughter.)
SENATOR LIBOUS:Mr. President, if you could call on Senator Serrano.
ACTING PRESIDENT GRIFFO:Senator Serrano.
SENATOR SERRANO: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.
Senator Libous.
SENATOR LIBOUS:Mr. President, before the Democrats run off to conference, we'll have a Rules meeting at 12:15 in Room 332. We could then report those bills out, come back to the floor, and I think we could get out of here rather quickly after that.
ACTING PRESIDENT GRIFFO:There will be a Rules Committee meeting at 12:15 in Room 332.
The Senate stands temporarily at ease.
(Whereupon, the Senate stood at ease at 11:48 p.m.)
(Whereupon, the Senate reconvened at 12:50 a.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:If we can 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: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 1561C, by Senator LaValle, an act to amend the Education Law;
Senate 2089, by Senator Griffo, an act to amend the Banking Law;
Senate 3131A, by Senator Martins, an act to amend the Workers' Compensation Law;
Senate 3590, by Senator Griffo, an act to amend the General Municipal Law;
Senate 3652, by Senator Stavisky, an act to amend the Criminal Procedure Law;
Senate 4358A, by Senator Little, an act to amend the Parks, Recreation and Historic Preservation Law;
Senate 4526B, by Senator Hannon, an act to amend the Insurance Law;
Senate 4907, by Senator Golden, an act to amend the State Finance Law;
Senate 5102A, by Senator Carlucci, an act to amend the Mental Hygiene Law;
Senate 5376A, by Senator Seward, an act to amend the Workers' Compensation Law;
Senate 5414A, by Senator Klein, an act to amend the Social Services Law;
Senate 5669, by the Committee on Rules, an act to amend the Retirement and Social Security Law;
Senate 5670A, by the Committee on Rules, an act to amend the Retirement and Social Security Law;
Senate 5743, by Senator Grisanti, an act to amend the Social Services Law;
Senate 5767, by Senator Golden, an act in relation to authorizing;
Senate 5865, by Senator Martins, an act to amend the State Finance Law;
Senate 5867, by Senator Savino, an act to amend the Labor Law;
Senate 4090, by Senator Savino, an act to amend the Workers' Compensation Law;
Senate 4674, by Senator Carlucci, an act authorizing;
Senate 5218, by Senator Seward, an act to amend the Insurance Law;
Senate 5842A, by Senator Felder, an act to amend the Education Law;
And Senate Print 5844, by the Committee on Rules, an act to amend the Public Service Law.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS: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?
(No response.)
ACTING PRESIDENT GRIFFO:The Committee on Rules report is accepted.
Senator Libous.
SENATOR LIBOUS:Okay, Mr. President, I just want to be clear with everybody. You have two supplemental active lists on your desks. They're labeled Active List 2 and Active List 3. We will take up Active List 2 first.
And at this time if we could have the noncontroversial reading of Supplemental Active List 2.
ACTING PRESIDENT GRIFFO:Senator Rivera, why do you rise? As a point of information?
SENATOR RIVERA:Point of clarification, Mr. President. Are we on Active List 3 or Active List 2?
SENATOR LIBOUS:Supplemental Active List 2 will be the first one we'll take up.
SENATOR RIVERA:Thank you.
ACTING PRESIDENT GRIFFO:Supplemental Active List 2. The Secretary will read.
THE SECRETARY:Calendar Number 232, by Senator Martins --
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:On page 9, Senator DeFrancisco moves to discharge, from the Committee on Rules, Assembly Bill Number 246 and substitute it for the identical Senate Bill Number 2953, Third Reading Calendar 308.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 308, by Member of the Assembly Farrell, Assembly Print 246, an act in relation to establishing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, this is a very important bill. We all praised the nomination of Kristin Proud yesterday, I think. I can't remember. But in any event, one of the things that was mentioned was that she was taking a pay cut to become the commissioner because the supervisors have not been getting pay raises, and that permeates the entire state system.
So this just provides for a commission just like the Judicial Commission to discuss pay raises for the management/ confidential employees, and I'd appreciate everyone's support. Thank you.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 314, by Senator Marcellino, Senate --
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 393, by Senator Golden, Senate Print 4444A, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 393, those recorded in the negative are Senators Espaillat, Hassell-Thompson, Hoylman, Montgomery and Perkins. Also Senators Parker and Peralta.
Ayes, 56. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 400, by Senator Ranzenhofer, Senate Print 3483, 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 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Hassell-Thompson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 13, Senator Robach moves to discharge, from the Committee on Rules, Assembly Bill Number 5715A and substitute it for the identical Senate Bill Number 4180B, Third Reading Calendar 419.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 419, by Member of the Assembly DenDekker, Assembly Print 5715A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 419, those recorded in the negative are Senators Ball, DeFrancisco, Farley, Griffo, Marchione, Maziarz and Seward.
Ayes, 56. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 436, by Senator Golden, Senate Print 3851B, an act to amend the Real Property Tax Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 469, by Senator Young, Senate Print 4396, 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 immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 483, by Senator Marcellino, Senate Print 3812, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 37. This act shall take effect December 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 516, by Senator Larkin, Senate Print 273A, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect April 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 516, those recorded in the negative are Senators Adams, Addabbo, Avella, Diaz, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Latimer, Montgomery, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins and Tkaczyk.
Ayes, 42. Nays, 21.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 547, by Senator Stavisky, Senate Print 1303, an act to amend the Abandoned Property 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. Nays 2. Senators Ball and Marchione in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 606, by Senator Golden, Senate Print 3074, an act to amend the Criminal Procedure 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:Announce the results.
THE SECRETARY:In relation to Calendar 606, those recorded in the negative are Senators Espaillat, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky.
Ayes, 50. Nays, 13.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 626, by Senator Peralta, Senate Print 40, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 20, Senator Felder moves to discharge, from the Committee on Rules, Assembly Bill Number 6881A and substitute it for the identical Senate Bill Number 4880A, Third Reading Calendar 644.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 644, by Member of the Assembly Benedetto, Assembly Print 6881A, 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:In relation to Calendar Number 644, those recorded in the negative are Senators Hassell-Thompson, Montgomery, Nozzolio and Perkins.
Ayes, 59. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 681, by Senator Carlucci, Senate Print 1639A, an act to amend the Navigation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR STAVISKY:Section 7. This act shall take effect on the first of May.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 681, those recorded in the negative are Senators Ball, Farley, Griffo, Lanza, Libous, Little, Marchione, Nozzolio, Ranzenhofer, Ritchie, Robach, Seward and Young.
Ayes, 50. Nays, 13.
ACTING PRESIDENT GRIFFO:The bill is still passed.
THE SECRETARY:On page 22, Senator Lanza moves to discharge, from the Committee on Cities, Assembly Bill Number 7058 and substitute it for the identical Senate Bill Number 4802, Third Reading Calendar 699.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 699, by Member of the Assembly Rosa, Assembly Print Number 7058, an act to amend the Real Property 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 24, Senator Little moves to discharge, from the Committee on Rules, Assembly Bill Number 5503 and substitute it for the identical Senate Bill Number 2644, Third Reading Calendar 791.
ACTING PRESIDENT GRIFFO:Substitution so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 791, by Member of the Assembly Galef, Assembly Print Number 5503, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 791, those recorded in the negative are Senators Avella, Espaillat, Gipson, Hassell-Thompson, Hoylman, Krueger, Marchione, Perkins, Rivera, Sanders and Squadron. Also Senator Robach.
Ayes, 51. Nays, 12.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 825, by Senator LaValle, Senate Print 2007, an act to amend the Vehicle and Traffic 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:In relation to Calendar 825, those recorded in the negative are Senators Ball, Bonacic, DeFrancisco, Farley, Gallivan, Gipson, Griffo, Kennedy, Lanza, Little, Marchione, Maziarz, Nozzolio, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Young and Zeldin.
Ayes, 43. Nays, 20.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Also in the negative: Senator Seward.
Ayes, 42. Nays, 21.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 927, by Senator Young, Senate Print 5247, an act to amend the Local Law.
SENATOR GIANARIS:Lay it aside, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 960, by Senator Gianaris, Senate Print 595A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 38, Senator Savino moves to discharge, from the Committee on Rules, Assembly Bill Number 7736 and substitute it for the identical Senate Bill Number 5397A, Third Reading Calendar 1042.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1075, by Senator Gipson, Senate Print 5411A, an act to amend the Town 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:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, before I decide whether to vote, I just want to make sure Senator Gipson is not offended by the lateness of the hour in which this bill is passed.
(Laughter.)
SENATOR DeFRANCISCO: Since apparently he's not offended, I vote aye.
(Laughter.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Gianaris, why do you rise?
SENATOR GIANARIS:Mr. President, Senator DeFrancisco stole my laugh line. I was going to point out the appropriateness that Senator Gipson's very first bill is a vampire bill.
(Applause; laughter.)
ACTING PRESIDENT GRIFFO:Congratulations, Count Gipson.
(Laughter.)
ACTING PRESIDENT GRIFFO:The Secretary will continue.
THE SECRETARY:Calendar Number 1097, by Senator Felder, Senate Print 5068A, 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 on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 46, Senator Little moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 5012 and substitute it for the identical Senate Bill Number 3181, Third Reading Calendar 1325.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1325, by Member of the Assembly Stec, Assembly Print 5012, 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 59. Nays, 4. Senators Ball, Hassell-Thompson, Peralta and Sanders recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1359, by Senator Seward, Senate Print 5165, an act to amend the Retirement and Social Security 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, 3. Senators Ball, Gipson and Savino recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1404, by Senator Farley, Senate Print 5678, an act to amend the Religious Corporations Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of Supplemental Active List Number 2.
SENATOR LIBOUS:Thank you, Mr. President.
We're now going to go to the Supplemental Active List Number 3, and that list starts with Calendar Number 349. If we could please do the noncontroversial reading.
ACTING PRESIDENT GRIFFO:We will have the noncontroversial reading of Supplemental Active List 3, beginning with Calendar 349.
The Secretary will read.
THE SECRETARY:Calendar Number 349, by Senator Grisanti, Senate Print 717, an act to amend the Civil 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 14, Senator Grisanti moves to discharge, from the Committee on Rules, Assembly Bill Number 740A and substitute it for the identical Senate Bill Number 3753A, Third Reading Calendar 455.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
SENATOR LIBOUS:Lay it aside for the day, Mr. President.
ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 933, by Senator Latimer, Senate Print 4848, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 942, by Senator Golden, Senate Print 5070, an act to amend the Civil 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 998, by Senator DeFrancisco, Senate Print 3035, an act to amend the Tax Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1203, by Senator Bonacic, Senate Print 4763, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Hannon recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of Supplemental Active List 3.
SENATOR LIBOUS:Mr. President, can I have unanimous consent to take up the noncontroversial reading of Calendar Number 998 again.
ACTING PRESIDENT GRIFFO:Without objection, the Secretary will read.
THE SECRETARY:Calendar Number 998, by Senator DeFrancisco, Senate Print 3035, 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 Krueger to explain your vote.
SENATOR KRUEGER:Thank you, Mr. President.
This is a bill that would decrease the estate tax for a relatively tiny number of estates in the State of New York. It would have minimal impact on any family farms or businesses. And yet when fully enacted, it would leave a $350 million hole in our budget.
In previous days we have all discussed how we don't want to do unfunded mandates, we don't want to leave ourselves with unbalanced budgets, we want to cap our budgets. But these kinds of bills that leave such enormous holes -- $350 million in lost revenue for the State of New York -- this is not a justifiable bill.
I vote no. Thank you.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 998, those recorded in the negative are Senators Avella, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky. Also Senator Dilan.
Ayes, 49. Nays, 14.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of Senate Supplemental Active List 3.
SENATOR LIBOUS:Mr. President, we're going to go to this Senate Supplemental Calendar Number 56C. So if everybody would go to 56C. It says C, 56C. If you have a calendar that says 56D, I want it back.
(Laughter.)
SENATOR LIBOUS:At this time we'll the noncontroversial reading of Supplemental Calendar 56C.
ACTING PRESIDENT GRIFFO:We will begin the noncontroversial reading of Senate Supplemental Calendar 56C.
The Secretary will read.
THE SECRETARY:Calendar Number 1540, by Senator LaValle, Senate Print 1561C, 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, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1554, by Senator Griffo, Senate Print 2089, an act to amend the Banking Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 59. Nays, 4. Senators Bonacic, Fuschillo, Little and Ranzenhofer recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1555, Senator Martins moves to discharge, from the Committee on Rules, Assembly Bill Number 5940C and substitute it for the identical Senate Bill Number 3131A, Third Reading Calendar 1555.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1555, by Member of the Assembly Bronson, Assembly Print Number 5940C, an act to amend the Workers' Compensation 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.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Maziarz recorded in the negative. Also Senator Gipson.
Ayes, 60. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1556, Senator Griffo moves to discharge, from the Committee on Local Government, Assembly Bill Number 400 and substitute it for the identical Senate Bill Number 3590, Third Reading Calendar 1556.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1556, by Member of the Assembly Magnarelli, Assembly Print 400, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1557, by Senator Stavisky, Senate Print 3652, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1558, by Senator Little, Senate Print 4358A, an act to amend the Parks, Recreation and Historic Preservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Avella recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1559, Senator Hannon moves to discharge, from the Committee on Rules, Assembly Bill Number 6519B and substitute it for the identical Senate Bill Number 4526B, Third Reading Calendar 1559.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1559, by Member of the Assembly Silver, Assembly Print 6519B, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President. I rise to explain why I must vote no on this bill.
It's actually very unusual to find yourself in a situation where you have the Chambers of Commerce, Business Council, healthcare advocates, health insurance companies all in agreement that we shouldn't do this bill.
Now, the Freelancers Program was started at a time before we had other options. And it was an important option to make available to freelancers who could find insurance nowhere else in the system. And so I certainly supported them in the past.
But we are now in a world of a healthcare exchange implementation, the American Care Act, and it turns out that allowing the freelancers to continue, as this program does -- excuse me, allowing this insurance program to continue, as this bill does, we are actually setting up an unfair situation between many other types of health insurance and the healthcare exchange.
And we actually leave people in a program that it turns out may very well be a lesser program for them than other options available. I understand it's just a one-year extender. In my opinion, it would be a disaster if we went any further. But frankly, this bill should also be amended to ensure that it is not opening the book on new enrollees for only a one-year period. It should require that all current enrollees get full notice of the New York Health Benefit Exchange options and the possibility that they could be eligible right now for financial assistance to purchase that coverage thanks to federal dollars.
And the bill should be further amended to include consumer protections similar to HMO protections for those who remain in the freelancers coverage, if they face any inadequacy in network coverage for their specialized health needs, because unfortunately this health insurance package has not been rated very highly by the state.
So I wish that there was time to amend the bill, because that would be the right answer. We don't have that, so I'll be voting no.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Senator Hannon to explain his vote.
SENATOR HANNON:As sponsor of this bill, I just want to correct a few factual mistakes that have been proffered.
First of all, as I understand it, the healthcare plans have withdrawn any objection to this. They know that this is an extension just for one year, so this very unique system of giving insurance that we have in this state to freelancers can continue.
Second, what we do is not that dissimilar -- in fact, it's almost identical to what we did in the budget when we protected what's called a PEO, which is a professional employee organization. And those professional employee organizations are basically the aggregate of individuals, either very, very small businesses or individual businesses. So we are just extending the same protection. This is not that unique.
Thirdly, they can take new people during the one year that we extend, but each of those people who enter are given notice that it's only for one year. After we put the notice in the bill, it was then suggested, well, maybe you shouldn't allow them in at all. But frankly that was an afterthought by some of the people objecting.
And lastly, the reason that the Chambers of Commerce have voiced opposition is not that they're opposed per se to this system, but rather they wanted to do the same thing. So -- you know, and they were left out.
But I will tell you personally I had told the folks who represent the chambers they should be speaking up, and I told them that two years ago when this Senate had a roundtable on how to implement the Affordable Care Act.
So I think this is a reasonable compromise. We have something very unique in our workforce in the metropolitan area, the freelance industry, whether it be artisan or whether it be programmers, it can go in any number of different directions.
I think we should move forward. We have the Affordable Care Act, which will only start coverage on January 1, 2014. This will give the freelancers one year within that, they either sink or they swim.
So I would recommend that we support this measure.
ACTING PRESIDENT GRIFFO:Senator Hannon to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1559, those recorded in the negative are Senators Ball, DeFrancisco, Krueger, Nozzolio, Ranzenhofer, Rivera, Sanders, Seward and Zeldin.
Ayes, 54. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Also Senator Lanza in the negative.
Ayes, 53. Nays, 10.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1560, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 6867 and substitute it for the identical Senate Bill Number 4907, Third Reading Calendar 1560.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
There is a home-rule message at the desk.
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:And the bill will be laid aside for the day.
The Secretary will read Calendar Number 1561.
THE SECRETARY:In relation to Calendar Number 1561, Senator Carlucci moves to discharge, from the Committee on Rules, Assembly Bill Number 7313A and substitute it for the identical Senate Bill Number 5102A, Third Reading Calendar 1561.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1561, by Member of the Assembly Abinanti, Assembly Print 7313A, an act to amend the Mental Hygiene 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, 62. Nays, 1. Senator Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1562, by Senator Seward, Senate Print 5376A, an act to amend the Workers' Compensation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1563, by Senator Klein, Senate Print 5414A, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Klein to explain his vote.
SENATOR KLEIN:Thank you, Mr. President.
This legislation would require that daycare providers post their most recent inspection results in a prominent place.
This came after a study that was conducted by the Independent Democratic Conference, a citywide study and a statewide study, which showed that our daycare centers, places where we entrust our children to day after day, are not sanitary or safe.
This I think would add transparency to the process, which right now is very cumbersome if a parent wants to find out if a daycare center is safe and secure. This would merely require that every daycare post those inspection results.
We require that of restaurants in New York and other places. I think our children deserve the same type of transparency and be able to find out how safe and secure those daycares are and give our parents peace of mind.
I vote yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Klein in the affirmative.
Announce the results.
THE SECRETARY:Those recorded in the negative are Senators Ball, DeFrancisco, Little and Seward.
Ayes, 59. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1564, by the Committee on Rules, Senate Print 5669, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1565, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 7630A and substitute it for the identical Senate Bill Number 5670A, Third Reading Calendar 1565.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1565, by Member of the Assembly Abbate, Assembly Print 7630A, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1566, Senator Grisanti moves to discharge, from the Committee on Rules, Assembly Bill Number 3498A and substitute it for the identical Senate Bill Number 5743, Third Reading Calendar 1566.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1566, by Member of the Assembly Peoples-Stokes, Assembly Print 3498A, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Grisanti to explain his vote.
SENATOR GRISANTI:Yes, thank you, Mr. President.
First of all, I want to thank Senator Montgomery, because apparently a situation like this happened in her district on the other side of the state from Buffalo.
What it basically is, this particular piece of legislation is wherever there is a change or cuts to a program that helps parents with childcare subsidies -- whenever there's a change in the program, they would tell the parents, Well, you have ten days and you're going to be terminated from the program. So families that were relying on that childcare subsidy so they can go to work only have 10 days to find other alternatives.
So what this legislation basically does, it actually extends the time period significantly, so this way nobody is in jeopardy.
And I want to thank Senator Montgomery and her staff and my staff for working on this to get rid of this loophole that was a serious detriment to people all across New York State that rely heavily on this program so they can go to work.
I vote aye, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Grisanti to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1567, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7586 and substitute it for the identical Senate Bill Number 5767, Third Reading Calendar 1567.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1567, by Member of the Assembly Abbate, Assembly Print 7586, an act in relation to authorizing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect in 30 days.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Hassell-Thompson recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1568 and 1569 are high. The Secretary will go to Calendar 1570.
THE SECRETARY:Calendar Number 1570, by Senator Savino, Senate Print 4090, an act to amend the Workers' Compensation 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1571, Senator Carlucci moves to discharge, from the Committee on Local Government, Assembly Bill Number 6758 and substitute it for the identical Senate Bill Number 4674, Third Reading Calendar 1571.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1571, by Member of the Assembly Jaffee, Assembly Print Number 6758, an act authorizing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1572, Senator Seward moves to discharge, from the Committee on Rules, Assembly Bill Number 7882 and substitute it for the identical Senate Bill Number 5218, Third Reading Calendar 1572.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1572, by Member of the Assembly Cahill, Assembly Print 7882, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1573 is high. We will now go to Calendar Number 1574.
THE SECRETARY:In relation to Calendar Number 1574, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 8073 and substitute it for the identical Senate Bill Number 5844, Third Reading Calendar 1574.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1574, by Member of the Assembly Sweeney, Assembly Print 8073, an act to amend the Public Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 17. This act shall take effect January 1, 2014.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator LaValle to explain his vote.
SENATOR LaVALLE: Thank you, Mr. President.
This is a very important piece of legislation for Long Island. It's the Long Island Power Authority reorganization and refinancing plan.
LIPA has had a 15-member board, and the board members have worked very, very hard in trying to put together plans to operate the utility. But what has happened, with lack of leadership and the board reacting somewhat late in meeting their obligations to both the ratepayers and keeping the system, the transmission and delivery system up and meeting certain standards -- two storms, Irene and Sandy really demonstrated that the utility did not have the proper planning in place, technology in place to meet ratepayers' needs in doing something very simple, keeping the lights on and keeping the system operating.
This legislation begins a restructuring that transfers LIPA's control of utility operations to the PSE&G. LIPA's role will be limited greatly. It will basically be a holding company and owning Long Island's transfer and delivery system. The staff will be greatly reduced because PSE&G will really be responsible for the operations.
One of the things that -- the members, along with the Governor, have been working very, very hard since January to put before this house this legislation. And one of the basic concerns was what kind of oversight would we have. So in this legislation we establish an office from the Public Service Commission that will be staffed to make sure that we are reviewing the various recommendations that are being made and also reviewing the plans that are needed to keep the lights on.
The second part of this plan, beside the oversight that is given, is a refinancing of the LIPA debt. The LIPA debt is $6.7 billion, and we will be refinancing $3 billion. And so this refinancing will save the ratepayers $30 million each year.
So we've put together something where the responsibility for the operation is very clear. When the lights are off, PSE&G is responsible to make sure that the ratepayer will have proper service.
And lastly, Mr. President, this legislation I believe will ensure that technology and the kind of manpower that we need and the kind of leadership that we need to keep the lights on will be very important.
And lastly, as part of the contractual agreement with PSE&G, there is hope -- and this is something that the Executive has talked about -- that the rates will be frozen for a three-year period of time, not including, of course, any pass-through with the energy, the fuel that is needed and will fluctuate low, high, and so forth.
So this is a bill that has had a lot of time put into it by the Executive, by members in both houses of the Legislature from Long Island. I vote aye.
ACTING PRESIDENT GRIFFO:Senator LaValle to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:Senator Sanders, do you want to explain your vote? I'll allow it.
SENATOR SANDERS:I'll pass.
ACTING PRESIDENT GRIFFO:Okay. So announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the noncontroversial reading of Senate Supplemental Calendar Number 56C.
SENATOR LIBOUS:Yes, it does, Mr. President. Can we return to messages from the Assembly.
ACTING PRESIDENT GRIFFO:We will return to messages from the Assembly.
The Secretary will read.
THE SECRETARY:The Assembly sent for concurrence the following bill: On motion by Senator Skelos and Senator Klein, said bill ordered direct to third reading. Assembly Bill Number 6356A.
ACTING PRESIDENT GRIFFO:The bill is ordered direct to third reading.
The Secretary will read.
THE SECRETARY:Calendar Number 1575, by Member of the Assembly Lentol, Assembly Print 6356A, 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.)
ACTING PRESIDENT GRIFFO:Senator Zeldin to explain his vote.
SENATOR ZELDIN:My parents were divorced and remarried when I was a child, and I actually grew up with two law enforcement households. My stepfather was a retired state trooper; my stepmother is a retired Nassau County probation officer.
And I have a tremendous amount of respect for our law enforcement community, for the men and women who serve and are willing to sacrifice so much for our public safety. It is deeply respected, admired and appreciated by me and our entire family.
With that being said, my constituents know I have and continue to be opposed to the SAFE Act.
I said in my official statement during the original January vote on the SAFE Act: In our Constitution are certain rights which provide the foundation of America's greatness. Its Second Amendment in no uncertain terms guarantees the right of law-abiding citizens to keep and bear arms, and I firmly believe that it should be respected and adhered to still today.
Carving out such exemptions for only certain groups, no matter how well qualified that group may be, does not restore Second Amendment rights for all. And tonight I ask, what about all of the other law-abiding gun owners?
I'm proud to cosponsor Senator Marchione's bill for a full repeal, and I commend her efforts.
In order to do right by my constituents and my values, after deep reflection I cannot support this bill. I would appreciate the understanding of the law enforcement community, my colleagues, and my constituents that it's difficult or should I say impossible for me to back one group of great law-abiding citizens over another group of great law-abiding citizens when it comes to fundamental constitutional rights.
Therefore, I'm casting my vote in the negative.
ACTING PRESIDENT GRIFFO:Senator Zeldin to be recorded in the negative.
Senator Marchione to explain her vote.
SENATOR MARCHIONE:Thank you, Mr. President.
I rise to explain my vote today. And I'm sure that that's no surprise to anyone on this floor. I'm voting no on this amendment because it will legitimize a bad law, an unconstitutional law, a law that has criminalized millions of New Yorkers.
The fact we are passing this amendment, much like the SAFE Act was passed, late at night with no opportunity for citizens to be heard, proves an old saying: Those who don't learn from history are doomed to repeat it. And tonight we're repeating history.
On January 14th the Second Amendment freedoms of all New Yorkers were weakened when the SAFE Act was enacted in this chamber. The SAFE Act was rammed through with a message of necessity without a single public hearing or opportunity for citizens to be heard. That is not democracy.
I believe millions of New Yorkers believe the SAFE Act is wholly unconstitutional. This restrictive gun control law turned law-abiding New Yorkers into criminals virtually overnight, and has caused unimaginable chaos, confusion and concern.
The Second Amendment is perfectly clear: The right of people to keep and bear arms shall not be infringed. My online petition received nearly 130,000 signatures, the vast majority of which came from New York, supporting the repeal of the SAFE Act. Every county except one in upstate has passed resolutions opposing the SAFE Act.
Passing an amendment that grants an exemption for retired law enforcement is window dressing for an unconstitutional law. When it comes to the SAFE Act, we shouldn't amend it, we should repeal it. We should end it. New Yorkers demand and deserve a full and complete repeal.
ACTING PRESIDENT GRIFFO:Senator Marchione --
SENATOR MARCHIONE:Yes, sir.
ACTING PRESIDENT GRIFFO:I must remind everyone that we're on a two-minute explanation, and your time is about to expire. So if you could please wrap up.
SENATOR MARCHIONE:I certainly will.
Instead of debating amendments, we should be debating my SAFE Act repeal bills.
I am a strong, proud supporter of law enforcement, but allowing an exemption that legitimizes this unconstitutional law is something I will be voting no on. I may be new to the chambers, but I believe we should not be passing Laws at 10 minutes to 2:00. And I don't mean to sound like my colleague on the other side, but when --
ACTING PRESIDENT GRIFFO:Senator Marchione, how do you vote?
SENATOR MARCHIONE:I vote no.
ACTING PRESIDENT GRIFFO:Senator Marchione to be recorded in the negative.
Senator Gallivan.
SENATOR GALLIVAN:Thank you, Mr. President.
I opposed the SAFE Act. I voted against it. I continue to oppose it and support its full repeal.
I feel an obligation, though, that while we are pursuing its full repeal, when we have an opportunity to minimize its impact on law-abiding citizens and have a chance to do something so that the SAFE Act affects as few people as possible, there's an obligation to do it.
Tonight we are talking about police officers. Police officers are different. Our laws treat them different, we charge them with different things. They have the power to take away people's liberties, the power of search and seizure, among other things. And there's enhanced penalties when they are victims of crimes.
They of course have specialized training that doesn't go away when they retire. Whether they're on duty or off duty, they have the obligation to act and people look to them to act. When they retire, the community still looks to them to act. They don't look at them as a retired police officer, they look at them as somebody who has helped the community and who is there to continue to protect the community.
The federal government has recognized retired police officers with HR 218, their ability to carry weapons across state lines. We just this year, following the SAFE Act, have recognized retired police officers, first in the budget, where we allowed for a waiver exemption for school resource officers who are former police officers. And just last week, with 57 votes, we passed legislation that would grant peace officer status to retired police officers who are school resource officers.
Police officers are unique. Retired police officers are unique. They continue to contribute to our society, to public safety. And I think that we have an obligation to continue to work on chipping away at this law until we --
ACTING PRESIDENT GRIFFO:Senator Gallivan, how do you vote?
SENATOR GALLIVAN:-- till we achieve its full repeal.
I vote aye, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Gallivan to be recorded in the affirmative.
Senator Young to explain her vote.
SENATOR YOUNG:Thank you, Mr. President, to explain my vote.
I have nothing but the deepest admiration for our law enforcement. I always support them, and I support them actually to be able to regain some of their Second Amendment rights.
But the reason I'm voting no on this particular piece of legislation, Mr. President, is because this should be a full repeal of the SAFE Act. And until we have everyone who is a law-abiding citizen regaining their constitutional rights, I can't support this.
So I will be voting no.
ACTING PRESIDENT GRIFFO:Senator Young to be recorded in the negative.
Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, I just can't quite understand why a legislative body, no matter who the class is, can separate one law-abiding citizen from another.
Now, these are retired police officers. These aren't active-duty police officers. They happen to have chosen a specific profession. There's military people that choose a profession that save us and protect us from overseas problems. They're trained with guns. They know what they're doing. Why are they excluded?
But every time you have a special class, there's always an equally -- a class that should have those same rights. It doesn't make any sense. You can't parse it along as far as specific groups. That's wrong.
So for that reason, I'm going to vote no on this bill. And I would believe that the full repeal is obviously the most sensible solution, having voted no on the specific bill. But law-abiding citizens are law-abiding citizens no matter what their former profession was and no matter what their current profession was.
So this is not a good idea, and I also vote no.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the negative.
Senator Ranzenhofer to explain his vote.
SENATOR RANZENHOFER:Thank you, Mr. President.
I'd also like to associate my comments with those of Senator Zeldin and some of the others who have spoken against this piece of legislation.
I too share their sentiment that I also have the utmost respect for those retired police officers who have served their community very, very well. But I think we're walking down the wrong roadway when we carve out a special exception for certain individuals, whether they be for retired police officers, whether they be for military.
Because what you are really saying is by granting somebody special privileges, you are by inference saying that the others are less worthy of having that particular right.
I don't believe that that's a fair distinction. I share the belief of others that this bill should be repealed. But on this very specific piece of legislation, I think we are moving in the wrong direction to carve out that special class for two law-abiding groups of citizens, one who have previously served in law enforcement and those who have not.
So I'll be casting my vote in the negative. Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Ranzenhofer to be recorded in the negative.
Senator Golden to explain his vote.
SENATOR GOLDEN:Thank you, Mr. President.
I rise to say to my colleagues I know this is a tough vote for some of them, and it's a tough vote for a lot of people in this room.
But it's the right thing to do. This bill is not the dark of night, this bill was put in on April 8th and amended on May 6th, and it was passed in the Assembly.
I was a police officer. I pulled into a gas station with my family. I seen somebody looking at me, and I was looking at him. And I had put him in jail for a long period of time, but he was free at this moment.
Now, I had the privilege of stepping on the gas and leaving that gas station. I don't know what would have happened. But many officers encounter, after working 20 years or 30 years in a police department or as a peace officer or as a federal officer, they encounter people when they are with their families and in their communities. And they act appropriately and properly.
They're not a separate class of people, ladies and gentlemen, but they are an experienced class of people that have been out there for 20, 30 years protecting us, protecting our children and our families. They know what the criminal element is. They know how to deal with the criminal element.
So if anybody deserves to have a ten round magazine, it is something somebody that has the experience to use it and to use it in the right way.
So I want to thank my colleagues on both sides of this issue. But this is definitely the right thing, by giving over 200,000 people in this State of New York 10-round magazines that have been out there working for the past 20, 30 years, protecting our families and our communities.
And I vote aye. Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Golden to be recorded in the affirmative.
Senator Ball to explain his vote.
SENATOR BALL:So just to clarify things. I mean, first, my mom used to work nights. She used to clean up all night long at Harlem Valley Psychiatric Center. I have nothing wrong with working your tail off.
But there's a difference between working through the night and this crap. This is ridiculous. Why are we doing this at 2 o'clock in the morning? We're doing this at 2 o'clock in the morning, just like we did the un-SAFE Act, because we don't want people to find out what we're doing.
Not all of us, some of us -- and I'm sad to say it's on my side of the aisle -- who don't want the public to know because God forbid we would get public input. I'm glad that Senator Golden could protect his family. How about the victim of domestic violence in her home, who now doesn't have a home exemption?
One of my previous colleagues said that we should fight for a full repeal. Maybe we passed medical marijuana that I don't know about. Full repeal would require this Governor overturning his own piece of legislation.
As legislators, the only responsibility, the only leverage we have was to work with the law enforcement community, to then also get private security in there, critically important to homeland security, and to get a home exemption for law-abiding citizens in this state to be able to protect their families.
We have now lost that. We've done it at 2 o'clock in the morning hoping that nobody cares.
I care. And you know what? I like you guys -- men and women. On a personal level, it doesn't make me feel good to say this. I know you -- I see it in your eyes today. Maybe it should be easier just to -- you know, just to go along to get along. I can't.
There was a better way to do the SAFE Act. And congratulations to the Governor for dividing this conference. And you're going to have this conference be ripped apart. There be should be a lot of smiles over there. There was a better way to handle this from the very beginning. I'm deeply disappointed.
ACTING PRESIDENT GRIFFO:Senator Ball, how do you vote?
SENATOR BALL:I'm voting no.
ACTING PRESIDENT GRIFFO:Senator Ball to be recorded in the negative.
Senator Maziarz to explain his vote.
SENATOR MAZIARZ:I'll be voting in the negative, Mr. Chair.
ACTING PRESIDENT GRIFFO:Senator Maziarz to be recorded in the negative.
Senator Boyle to explain his vote.
SENATOR BOYLE:The day after we passed the SAFE Act I introduced legislation to do exactly what Senator Golden's bill does, to exempt retired law enforcement. Not because I think retired law enforcement are a better class of people, but I do think that they are there to protect people, like on the Long Island Railroad, the tragedy we had years ago.
We need to make sure that all of us have the proper ammunition to defend our homes. That's another bill I have, the Defend Our Homes Act, which would give everyone in their house the right to have 10 rounds.
I do not believe this is the end of the exemptions, this is the beginning. But I intend to vote in the affirmative.
ACTING PRESIDENT GRIFFO:Senator Boyle, how do you vote?
SENATOR BOYLE:In the affirmative.
ACTING PRESIDENT GRIFFO:Senator Boyle to be recorded in the affirmative.
Senator O'Mara to explain his vote.
SENATOR O'MARA:Thank you, Mr. President.
I rise this evening to say that I support our law enforcement community. I want them to be able to carry their weapons to protect our society, to have the fully loaded clip of 10 rounds of ammunition in their clip, because they will do a good job of continuing to protect us while they are in society and carrying out their daily lives, those retired law enforcement officers.
But I cannot stand here this evening and separate one law-abiding class of citizens into two separate groups, those that have and those that have not.
And we deal with a lot of legislation in this house about equality and treating people the same. And while law enforcement have these training qualifications and guidelines that they follow, I have many law-abiding gun owners in my district and across New York State that have the same skills, aptitude, and capabilities and are entitled to the same Second Amendment right that we all have in this country.
And to break this down at 2 o'clock in the morning is ridiculous. This is a sham on the Second Amendment in this state, and it's wrong. We should be fully repealing the SAFE Act and treating all of our citizens equally here with their Second Amendment right.
Thank you, Mr. President. I vote in the negative.
ACTING PRESIDENT GRIFFO:Senator O'Mara to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1575, those recorded in the negative are Senators Ball, DeFrancisco, Farley, Griffo, Libous, Marchione, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Seward, Young and Zeldin.
Ayes, 49. Nays, 14.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, we have a couple of bills on the calendar that I want to lay aside for the day.
On Supplemental Active Calendar Number 2, Number 436, lay it aside for the day. And on the same calendar, Number 927, lay it aside for the day.
Is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR LIBOUS:If there's no further business, the Senate will adjourn until this morning at 10:00 a.m.
ACTING PRESIDENT GRIFFO:The bills are laid aside for the day.
On motion, the Senate stands adjourned until 10:00 a.m., Friday, June 21st.
The Senate stands adjourned.
(Whereupon, at 2:04 a.m., the Senate adjourned.)
Highest impact first.
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Not yet analyzed. Open the bill for its official title.