Gaveled in 4:09 PM · Albany, New York · 2013–14 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 21, 2013
4:09 p.m.
REGULAR SESSION
SENATOR DIANE J. SAVINO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT SAVINO:The Senate will please come to order.
I ask everyone present to please rise with me and say the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT SAVINO:In the absence of clergy, I ask everyone present to please bow your head in a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT SAVINO:The reading of the Journal.
THE SECRETARY:In Senate, Thursday, June 20th, the Senate met pursuant to adjournment. The Journal of Wednesday, June 19th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT SAVINO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Madam President, before we get started today, I just want to give everybody a little idea of what's to come. And I know, I apologize, it's been a long day for everybody, but it's the last day of session; just the mechanics of everything is always like this.
We're going to do the calendar in front of us. Then we're going to call Finance. And then Finance will be followed by Rules. And then we'll come and we'll take up those bills. Okay? Just to give everybody a general idea of what's going on. And I believe that's pretty much the schedule.
At this time could we do the noncontroversial reading of the active list for Friday, June 21st.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:On page 15, Senator Ranzenhofer moves to discharge, from the Committee on Finance, Assembly Bill Number 5443 and substitute it for the identical Senate Bill Number 3551, Third Reading Calendar 557.
ACTING PRESIDENT SAVINO:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 557, by Member of the Assembly Brennan, Assembly Print Number 5443, an act to amend the Public Authorities Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 557, those recorded in the negative are Senators Avella, Hoylman, Krueger, Perkins, Rivera, Sanders and Squadron.
Ayes, 56. Nays, 7.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 1025, by Senator Klein, Senate Print 5052A, an act to grant an exemption.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 1025, those recorded in the negative are Senators Avella, Espaillat, Gianaris, Gipson, Hoylman, Krueger, O'Brien, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Tkaczyk.
Ayes, 49. Nays, 14.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 1190, by Senator DeFrancisco, Senate Print 3852A, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 1190, those recorded in the negative are Senators Avella, Gianaris, Gipson, Krueger, O'Brien, Rivera, Sanders and Serrano. Also Senator Hassell-Thompson.
Ayes, 54. Nays, 9.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 1273, by Senator Golden, Senate Print 4174A, an act to amend the Education Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT SAVINO:The bill is laid aside.
THE SECRETARY:Calendar Number 1569, by Senator Savino, Senate Print 5867, an act to amend the Labor Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 60th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 61. Nays, 2. Senators Marchione and O'Mara recorded in the negative.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Libous, that completes the reading of the noncontroversial active list.
SENATOR LIBOUS:Thank you, Madam President.
Could we do the reading of the controversial calendar, please.
ACTING PRESIDENT SAVINO:The Secretary will proceed with the reading of the controversial calendar.
Ring the bells. The Secretary will read.
THE SECRETARY:Calendar Number 1273, by Senator Golden, Senate Print 4174A, an act to amend the Education Law.
ACTING PRESIDENT SAVINO:Senator Klein, why do you rise?
SENATOR KLEIN:Madam President, I believe there's an amendment at the desk.
ACTING PRESIDENT SAVINO:Senator Klein, there is an amendment at the desk.
SENATOR KLEIN:Madam President, I ask that the amendment be read and have an opportunity to speak on the amendment.
ACTING PRESIDENT SAVINO:The Secretary will read the amendment, and Senator Klein will be heard.
THE SECRETARY:By Senator Klein, amend Senate Bill 4174A as follows: Strike out all after "An Act" and insert "to amend the Public Health Law, in relation to access to reproductive services.
"The People of the State of New York, represented in Senate and Assembly, do enact as follows:
"Section 1. The Public Health Law is amended by adding a new section 4166 to read as follows:
"Section 4166. Access to reproductive services. The state shall not deny a woman's right to obtain an abortion as established by the United States Supreme Court in the decision Roe v. Wade, 410 U.S. 113(1973). Notwithstanding any law to the contrary, New York protects a woman's right to terminate a pregnancy within 24 weeks from commencement of her pregnancy, or when necessary to protect a woman's life or health as determined by a licensed physician.
"Nothing in this section shall be construed to conflict with any applicable state or federal law or regulation permitting a healthcare provider to refrain from providing abortions due to the provider's religious or moral beliefs.
"Nothing in this section shall conflict with the partial birth abortion ban codified under 18 USC Section 1531.
"No prosecution or proceeding shall be brought or maintained under the Penal Law or otherwise for acts that are authorized or permitted pursuant to this section or by this chapter and the Education Law.
"Subdivisions 2 and 3 of Section 125.05, subdivision 2 of Section 125.15, subdivision 3 of Section 125.20 and Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the Penal Law are hereby repealed to the extent that they are inconsistent with this section.
"Section 2. This act shall take effect on the 30th day after it shall have become a law."
ACTING PRESIDENT SAVINO:Senator Klein on the amendment.
SENATOR KLEIN:Thank you, Madam President.
I stand here today to ask my colleagues on both sides of the aisle to support a very simple amendment but one that is very important to the lives of women all over New York State, an amendment which would allow us in New York to uphold the Supreme Court decision of Roe v. Wade.
I've had the privilege in my life of growing up in a neighborhood in the Bronx, the Morris Park section of the Bronx, in a two-family house with my parents and my grandparents. I was exposed and raised by two very strong women, my mom and my grandmother. My grandmother, a Holocaust survivor, came here with absolutely nothing, lost her entire family, and always made sure that she provided a very positive family life for all of us.
Her strength, her grace, her kindness and fortitude was the core of our family. She taught me very important lessons in my life: to respect women, to recognize that women play an integral role in all of our lives, but most of all that we have to make sure that that never changes, that those rights remain inalienable rights, something that women should never take for granted, and certainly we should do everything to uphold those rights.
My grandmother lived in a time when there wasn't adequate reproductive health and medicines. Unfortunately, before she had her first child, she had several stillborns. There wasn't the proper prenatal care. There weren't things available that are available to women now. But at the same time, we always have to remember that there were those great choices that women were able to have, and we have to make sure we continue those.
I think we always believed here in New York those rights that women had were never going to be taken away. They were never going to be threatened. Since the Roe v. Wade decision of 1973, a women has a right to have a safe, legal abortion. And we want to make sure those rights always remain true.
We also always believe that those things are something that New Yorkers sometimes should take for granted. But they shouldn't. Because while other states around the United States are looking for ways to roll back Roe v. Wade, right here in New York, up until Tuesday, we thought everything was okay. Because on Tuesday there was a decision made by Congress to pass legislation -- so far, luckily, only what we consider a one-house bill -- which really put under siege the decision of Roe v. Wade. This measure was a sneaky and targeted attempt by some who mistakenly think that they can chip away at the established law of our land and they can rewrite history and ignore our Constitution.
In light of has happened in Washington, as the Senate's only pro-choice conference, we must act now to protect a woman's right to choose right here in New York. Make no mistake, this is no longer about a political litmus test. What happened Tuesday night in the House of Representatives is about protecting the fundamental and inherent rights of women across New York State.
And while we now have agreements on all the other issues facing us today -- tax-free zones, casinos, those are things important for New Yorkers -- we can now not allow another day to pass without ensuring the millions of women in that state have their rights protected, defended, and preserved.
It's a woman's right to have {control} over her own health and reproductive health. It is her right to choose. And no one, no one has the right to take away that right.
My colleagues on both sides of the aisle -- Democrats, Republicans -- I urge you all to vote yes on this very important amendment, Madam Speaker.
ACTING PRESIDENT SAVINO:Senator Diaz on the amendment.
SENATOR DIAZ:Thank you, Madam President.
It is well known, Senator Klein, that the abortion rate for the nation is 19 percent. Meaning, ladies and gentlemen, that the nation -- in America we have, for every 100 pregnancies, we have 19 abortions. But here in New York State, Senator Klein and ladies and gentlemen, here in New York State they call New York the capital of abortions. New York State doubles the abortion rate of the nation.
The City of New York, where I come from, where black and Hispanic reside mostly, has one of the highest rates in the nation. New York City's abortion rate doubles the abortion rate of the nation. Abortion clinics are being opened all around, abortion clinics are being opened all around black and Hispanic neighborhoods. They're making money out of killing our babies. Senator Klein, they're making money out of stopping our minority communities from growing.
Since Roe versus Wade became law in 1973, close to 60 million babies, 60 million lives have been aborted and thrown into the garbage can. More than 60 percent -- and I repeat, more than 60 percent of all pregnancies with an African and Hispanic woman, more than 60 percent of all pregnancies within African-American and Hispanic women end in abortion.
Ladies and gentlemen, they are killing our babies. Black and Hispanic legislators, wake up. They're stopping the growth of our community. They're making money from our people, from our women. They're opening those clinics killing babies in our communities.
You're going to come here and tell me today, Oh, women have right to choose their bodies? They're killing our babies. They're killing our black and Hispanic -- because they don't want our black and Hispanic to grow and to be number one and take over the nation and take over the cities. So they want to stop us from doing that. They look at following Egypt.
This legislation is not only a menace, a menace and a threat to our minority communities, it is also a danger for women's life. It will allow nonphysicians, nonphysicians to perform abortions. You understand what it's saying? Nonphysicians or anybody could come and do an abortion now. The current law only allows licensed physicians, meanwhile meaning only doctors, to perform abortion. This legislation will allow midwives, pharmacists, nurses, therapists, counselors, psychologists -- in other words, any health provider will be allowed to perform abortion.
You tell me if we are protecting women or we are risking women's life. So whoever stand here, Oh, we're protecting women and we have to respect women, we don't respect the woman. We're putting the woman's life in danger. And the Governor knows that.
Instead of decreasing the high rate of abortions, this legislation will increase abortion on demand by allowing abortion for any health reason. For any health reason. Abortion for any health reason.
Do you know how the courts describe health reason? By demand they will call a reason of age. A reason of age, that would be health reason. So you want abortion because reason of age.
Economics. That's -- the court says that health reason would be economics. Social and emotional factors. That becomes, that will be a health reason. Meaning not only to -- not only now the law says that abortion only could be done to protect women's life, but now with this piece of legislation, now we're going to add and do away with that and we put any health reason. Economic, age, emotional, whatever. So let's bring more abortion.
We all know that the New York State law prohibits abortion after 24 weeks except to save the mother's life. By allowing abortion not only to save the mother's life but also for any health reason such as social reason, economic reason, emotional factor, age factor, and others, this will allow third-trimester abortion to become commonplace in New York.
I will call your attention to why we what we call late-term abortion and partial birth abortion. This legislation will open the door for late-term abortion and for partial birth abortion.
Partial birth abortion, or D&X, is one method -- and I want you to listen carefully, women and ladies and gentlemen. D&X is one method of abortion used in the second and third trimester of pregnancy in which a baby is partially delivered before being killed with surgical scissors through the base of the skull.
The most common and prevailing method of late-term abortion is known as D&E. This method is equally brutal and inhumane as D&X. In the D&E method, a baby is killed and dismembered, killed and dismembered, and vacuumed, all while half of it is still in the mother's womb. And this is what we want to do now.
This legislation does nothing about protecting those hospital organizations, doctors, and those who oppose abortion and oppose counseling for abortion. This legislation does nothing to protect the life of those babies who are still alive after a botched abortion. Who will protect those babies that they're still alive, after the abortion they're still alive? And this legislation does nothing to protect those lives.
This legislation does nothing to punish abortionists such as Kermit Gosnell from breaking the neck of babies that are still alive after an abortion.
This legislation does nothing protect the life of the unborn and to criminalize those persons who physically attack a pregnant woman, causing the death of her unborn child.
So why don't we do that? Why don't we protect the unborn child and put penalties to those persons that abuse a woman, pregnant woman, causing the death of the unborn child?
Finally, Mr. President -- Madam President, I'm sorry, and ladies and gentlemen, I will conclude by stating the reason why I'm opposing this legislation and ask all of you to do the same. I'm a Democrat. I am a Democrat. And I think I'm a good Democrat. I fight here every day.
I fight against the Governor cutting services to our community. I'm the only one, the only Democrat that fights against the Governor by cutting services to our community. I'm the only Democrat fighting the Governor for abusing and cutting -- as a matter of fact, I'm the only Democrat that said I don't want to vote for the budget because the Governor doesn't want to do the DREAM Act.
Yesterday my colleague here, Adriano Espaillat, was talking about that out of 200-plus nominations, no Hispanics. Six. I don't know what my colleague Adriano Espaillat was saying to me. I understand, number one, it's either the Governor is discriminating about -- against the Hispanics or the Governor is committing racially -- acts against the Hispanics or the Governor is ignoring our community. Then we talk about let's do things.
This legislation, it moves New York State in the opposite direction of safe, legal and rare. That's what we have to do. Abortions should be safe -- not that I'm in favor of abortion, but if we we're going to have abortion, let it be safe. Let it be legal and let it be rare. I won't vote anyway for it, but if you're going to have it, do it safe. Do it legal. Try to be rare. Not bringing all kind of abortionists from all over the world to open clinics in our communities. Black and Hispanic communities only.
This legislation will undermine maternity and prenatal care programs which could be ruled, could be ruled discriminatory for favoring childbirth over abortion. It could be used to mandate abortion coverage on all insurance plans. It could compel Catholic Charities and Catholic schools to counsel and refer for abortions. It could compel all hospitals, even Catholic hospitals, to allow abortion on premises.
This legislation will lift the current age restriction on the purchase of the so-called morning-after pill at neighborhood drugstores, allowing girls as young as 11 and 12 years to get drugs without permission.
By inserting a health reason for abortion, it opens third-trimester abortion for any reason at all and will invite late-term abortionists from all over the country into New York State to set up shop to abort viable and fully formed babies.
By repealing the requirement in current law that only licensed physicians might perform abortions and allowing any health practitioners, it endangers women's life. Women, this will not help you. This will kill more women. It's wrong. Killing too many babies.
Ladies and gentlemen, I ask all of you, I ask all of you, please join me. I'm a Democrat. Join me. Don't vote for this. Don't vote for this. Even -- if the Democrats want to vote for it, let them vote for it. But you as Republicans, join me. I ask all of you, stop the killing. Too much killing. Join me. Let's vote against this thing.
Thank you, Madam President.
SENATOR LIBOUS:Madam President, point of order.
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:I believe that the amendment is not germane to the bill before the house.
ACTING PRESIDENT SAVINO:Senator Libous, I have actually reviewed the amendment and my ruling is that it is germane.
SENATOR LIBOUS:Then, Madam President, at this time I appeal the ruling of the chair.
ACTING PRESIDENT SAVINO:All those in favor of appealing the ruling of the chair please signify by saying aye.
(Response of "Aye.")
SENATOR LIBOUS:I ask for a show of hands, please.
SENATOR GIANARIS:Show of hands, please.
(Laughter.)
ACTING PRESIDENT SAVINO:It's a unanimous request.
SENATOR LIBOUS:Madam President, I don't understand the question. I want to hear the question again, please.
ACTING PRESIDENT SAVINO:Senator Libous, all those in favor of appealing the ruling of the chair, please signify --
SENATOR LIBOUS:Overruling.
ACTING PRESIDENT SAVINO:-- overruling, overruling the ruling of the chair, please raise your hand to signify.
Announce the results.
THE SECRETARY:Ayes, 32.
ACTING PRESIDENT SAVINO:The ruling of the chair is overruled. The amendment is ruled not germane.
The bill-in-chief is before the house. The Secretary will read the last question.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT SAVINO:An explanation has been requested of Senator Golden.
SENATOR GOLDEN:Thank you, Madam President.
In our communities across the state, there are locations of doctors, hospitals, and different practitioners, x-ray and MRI locations, that close and go out of business. And they don't leave or get the medical records that they have of many of the patients that they see, and they go into limbo. Nobody can find these medical records. And these medical records are important for the many women and men and children and families that use these facilities.
And this bill would set into law that those that would move or close or go out of business would, at 60 days prior to that, notify the people of the records that they have --
ACTING PRESIDENT SAVINO:Senator Golden, could you hold on.
Could we have some order in the chamber so Senator Golden could be heard?
SENATOR GOLDEN:-- and try to get those records back to those people.
And that would work with the Commissioner of Health to make sure that there's a location where these records can be stored so that the people can get and access those records.
ACTING PRESIDENT SAVINO:Read the last section.
Senator Krueger, why do you rise?
SENATOR KRUEGER:I'd like to speak on the bill, Madam President.
ACTING PRESIDENT SAVINO:Senator Krueger on the bill.
SENATOR KRUEGER:This is a bill about health issues and accountability and the ability of doctors to provide adequate care to their patients.
And in fact the amendment that was before this house was about doctors and patients and the ability to provide quality care. As one of 10 million New York women, I know that what is critical is that women get to make their own health decisions with their doctors, their private healthcare decisions. They should not be publicly exposed. The importance of having records and private records and the HIPAA law, much of what is discussed with this bill, is exactly why we need to make sure New York State's laws on reproductive health are modernized, which is all that the amendment that failed would have done.
I believe, with all due respect, that the issue of safe and legal is exactly what we're discussing when it comes to this bill and when it comes to the amendment that came to the floor: Ensuring that doctors and women have the right to make healthcare decisions that are safe and are legal under our Constitution and federal law and should be private.
And in fact my colleague Senator Diaz has many arguments against, but I think his arguments are why we shouldn't be making those decisions for women and doctors. With all due respect, that's the last thing I would want to hear if I was facing a life or health decision.
I would not want to be a poster child of screaming on the floor of the Senate, I would want to have the ability under the law of this state to go to my physician, to get the best advice possible, and to make the right decision for my health and safety. I would want to make the right decisions in the context of my family. I would want to make sure, on behalf of all 10 million women in this state, that I was not forced to go to back-alley nonphysicians because the laws didn't protect me.
I would want to make sure that hospitals do know that they are allowed for religious reasons not to participate in certain healthcare activity, but I would want to make sure that every woman in the state did have providers to go to to make the right private healthcare decisions.
Our laws are antiquated. This bill today is one example of needing to update and modernize our laws and recognize healthcare changes, the law needs to change. I can't think of a more important example but of updating our antiquated reproductive health laws, which are 40 years old.
It was never a partisan issue. This was never about party. This was about the rights of people to be guaranteed equal treatment under our law, equal rights to healthcare and privacy, the privacy to make decisions in a rational healthcare environment, not people screaming at each other on the floor of the Senate, Madam President.
I hope that we will go back to finally passing the reproductive health section that was brought up earlier. But for today, I am prepared to vote for this bill of Senator Golden highlighting how important it is for us to go back over and over again to make sure that we finally have 21st-century laws that respect the privacy of women and the rights of doctors to be able to help them make the right decisions for their health and life and families.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Thank you, Senator Krueger.
(Applause from the gallery.)
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT SAVINO:The bill is passed.
SENATOR LIBOUS:Madam President.
ACTING PRESIDENT SAVINO:Senator Libous, that completes the reading of the controversial calendar.
SENATOR LIBOUS:Thank you.
There will be an immediate meeting of the Finance Committee in Room 332, immediate meeting of the Finance Committee in Room 332.
ACTING PRESIDENT SAVINO:There will be an immediate meeting of the Finance Committee in Room 332.
The Senate will stand at ease pending the return of the Finance Committee.
(Whereupon, the Senate stood at ease at 4:44 p.m.)
(Whereupon, the Senate reconvened at 5:05 p.m.)
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:Madam President, if we go to reports of standing committees, I believe there's a report of the Finance Committee at the desk.
ACTING PRESIDENT SAVINO:Reports of standing committees.
The Secretary will read the report of the Finance Committee.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nominations.
As director of New York State Environmental Facilities Corporation, Vita DeMarchi, of Manlius.
As members of the Workers' Compensation Board, Linda Hull, of Rochester, and Kenneth J. Munnelly, of Delmar.
As a member of the Ogdensburg Bridge and Port Authority, Gavin M. Regan, of Potsdam.
As members of the Port of Oswego Authority, Kirk T. Coates, of Oswego, and Kenneth R. Stevens, of Oswego.
ACTING PRESIDENT SAVINO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I move the nominations.
ACTING PRESIDENT SAVINO:The question is on the nomination. All those in favor of -- excuse me.
Senator Breslin.
SENATOR BRESLIN:Madam President, I'd just like to second the nomination of Ken Munnelly for the Workers' Compensation Board.
Ken Munnelly and his wife are in the audience. I congratulate him. He's done a phenomenal job.
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:Madam President, I too would -- I didn't realize that Ken Munnelly was with us today, and I too want to compliment the Governor on this fine appointment and wish Mr. Munnelly the best of success.
ACTING PRESIDENT SAVINO:Are there any other members wishing to be heard on Mr. Munnelly or any other of the nominations?
Seeing none, all those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The nominations are confirmed.
Senator Libous.
SENATOR LIBOUS:Madam President, at this time I will call an immediate meeting of the Rules Committee in Room 332, an immediate meeting of the Rules Committee in Room 332.
And the Senate will stand at ease.
ACTING PRESIDENT SAVINO:There will be an immediate meeting of the Rules Committee in Room 332.
The Senate will stand at ease pending the return of the Rules Committee.
(Whereupon, the Senate stood at ease at 5:07 p.m.)
(Whereupon, the Senate reconvened at 5:50 p.m.)
ACTING PRESIDENT CARLUCCI:Senator Libous.
SENATOR LIBOUS:There will be an immediate, immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT CARLUCCI:Immediate meeting of the Rules Committee in Room 332 of the Capitol.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 5:51 p.m.)
(Whereupon, the Senate reconvened at 6:07 p.m.)
SENATOR LIBOUS:Madam President.
ACTING PRESIDENT SAVINO:Senator Libous.
SENATOR LIBOUS:If we could please go back to reports of standing committees, I believe there's a report of the Rules Committee at the desk.
ACTING PRESIDENT SAVINO:Reports of standing committees.
The Secretary will read the report of the Rules Committee.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 5832, by Senator Marcellino, an act to amend the Alcoholic Beverage Control Law;
5833, by Senator Valesky, an act to amend the Alcoholic Beverage Control Law;
5852, by Senator Savino, an act to amend Chapter 74 of the Laws of 2007;
5872, by Senator Savino, an act to amend the Labor Law;
5873, by Senator Valesky, an act to amend the Executive Law;
5874, by Senator Little, an act to amend the Executive Law;
5875, by Senator Little, an act to amend the Executive Law;
5876, by Senator Robach, an act to amend the Real Property Law;
5877, by Senator Young, an act to amend the Domestic Relations Law;
5878, by Senator Young, an act to amend the Family Court Act;
5879, by Senator Lanza, an act to amend the Penal Law;
5880, by Senator Hannon, an act to amend the Executive Law;
5883, by Senator Bonacic, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law;
5898, by Senator Bonacic, Concurrent Resolution of the Senate and Assembly proposing an amendment to subdivision 1;
5903, by Senator Libous, an act to amend the Economic Development Law;
And 5904, by Senator Bonacic, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
All bills reported direct to third reading.
SENATOR LIBOUS:I move to accept the report of the Rules Committee, Madam President.
ACTING PRESIDENT SAVINO:There's a motion to accept the report of the Rules Committee. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The report is accepted.
Senator Libous.
SENATOR LIBOUS:Madam President, I think at this time we're not prepared to do the reading of the second Rules. Or are we? We are not.
So then at this time it would be Calendar Number 57A, Supplemental Calendar 57A. Let's have the noncontroversial reading of that calendar.
I'm sorry. I'm sorry, has that calendar been passed out yet? Then we'll wait till everybody gets a copy of it. Okay, Senator? As soon as all the members get a copy of Supplemental Calendar 57A, we will do the noncontroversial reading of this calendar.
ACTING PRESIDENT SAVINO:The Secretary will proceed with the noncontroversial reading of Supplemental Calendar 57A.
THE SECRETARY:In relation to Calendar Number 1578, Senator Marcellino moves to discharge, from the Committee on Rules, Assembly Bill Number 8046 and substitute it for the identical Senate Bill Number 5832, Third Reading Calendar 1578.
ACTING PRESIDENT SAVINO:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1578, by Member of the Assembly Schimminger, Assembly Bill Number 8046, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1578 are Senators Ball and Diaz.
Ayes, 61. Nays, 2.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1579, Senator Valesky moves to discharge, from the Committee on Rules, Assembly Bill Number 8047 and substitute it for the identical Senate Bill Number 5833, Third Reading Calendar 1579.
ACTING PRESIDENT SAVINO:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1579, by Member of the Assembly Schimminger, Assembly Print Number 8047, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 22. This act shall take effect on the 90th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Valesky to explain his vote.
SENATOR VALESKY:Yes, Madam President, I rise to briefly explain my vote for this piece of legislation and want to thank Governor Cuomo for sending us this Governor's program bill.
This is a bill that came out of a summit that the Governor convened a number of months ago that was important for both the agriculture and the tourism industries in the state. One of the suggestions made at that summit was that the craft cider industry in New York could be developed to a significantly new level if we were to pattern legislation after farm winery, farm distillery, and farm brewery licenses. So that is exactly what this bill does.
I also want to thank Senator Ritchie for joining me in cosponsoring this legislation and appreciate the support of all of my colleagues. I vote in the affirmative.
Thank you.
ACTING PRESIDENT SAVINO:Senator Valesky to be recorded in the affirmative.
Are there any other Senators wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1579 are Senators Diaz, Espaillat, Fuschillo, LaValle, Marchione and Martins.
Ayes, 57. Nays, 6.
ACTING PRESIDENT SAVINO:The bill is passed.
THE SECRETARY:Calendar Number 1581, by Senator Savino, Senate Print 5872, an act to amend the Labor Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 90th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Madam President.
I will be voting on this bill positively today, but I will bring people's attention back to a bill, a similar bill but a much broader bill on equal pay that I have carried for several years that in fact passed the Committee on Labor several times.
And so I wish we were actually passing my version of the bill today, but I see no reason for me to vote no on the bill that is not as strong as the one I wish we were voting on.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Krueger to be recorded in the affirmative.
Senator Kennedy to explain his vote.
SENATOR KENNEDY:Thank you, Madam President.
I rise to support the Fair Pay Act. This vote is long overdue. It's long past time that women in the workplace be ensured equal pay for equal work. This critically important measure will finally end wage discrimination and ensure level footing and fair paychecks for all in the workplace. It will help bridge the wage gap among genders.
Women in New York State are paid roughly 83 cents to every dollar earned by a man. That is unacceptable. For minority women, the gap is even larger. Nationwide, African-American women are paid 66 cents and Hispanic women 55 cents to every dollar paid to a man. This is a divide that must be closed, an injustice that must be ended.
In a nation and a state built upon a foundation of fairness and equality for all, it's unconscionable that people still endure wage discrimination based upon gender. By passing this fair pay legislation, we'll make New York State a national leader for equal pay, improve protections for women in the workforce and help stimulate economic growth across our state.
This vote could help stimulate the economy. Studies have shown that the national economy would grow by 3 to 4 percent if the wage gap were closed and all workers were paid fairly and equitably regardless of gender.
With this bill, New York State will help lead the way for the rest of the nation while also addressing long-standing challenges facing our state. About 15 percent of New York women earn incomes at or below the poverty threshold. Twenty-eight states have less female poverty than New York State. That is abominable.
Single mothers endure especially inequitable conditions: 42 percent of single-mother families live below the poverty line, and 22 percent live in extreme poverty. By earning fair and equal pay for women, we will help lift entire families and boost economic mobility within this state.
We have fought to ensure equal pay for equal work, and I'm proud to support this bill. I want to thank the advocates who worked so hard to push this measure for a vote today and my colleagues on both sides of the aisle for their support.
Madam President, I vote aye.
ACTING PRESIDENT SAVINO:Senator Kennedy to be recorded in the affirmative.
Senator Parker to explain his vote.
SENATOR PARKER:Thank you, Madam President.
Let me say congratulations to you, Madam President, on introducing this bill, and the members of this house for bringing this bill to the floor.
Fifty years ago John F. Kennedy signed the Women's Equal Pay Act into law. Yet here we are 50 years later, two decades later, a new millennium later, still discussing the same issue.
It's beyond time that we've done this. Senator Kennedy made a good argument about the economics of it. But just in terms of fair play and responsibility is the reason why we should be voting on this bill today.
It is, as many of you know, an issue that really speaks to me personally. I think I have tried in my time here to examine the issues of disparities, whether it's been race, gender or sexual preference. For those reason, some time ago I introduced a bill that would examine these disparities, not just based on sex, race and national original, but particularly that speaks to the things that we're speaking to today.
We could dissect exactly where the problems lie and extinguish them immediately, and so I'm glad to see that the elements of the legislation I introduced, S5872, are present in today's bill. And so I ask for everyone to vote for this bill. It's an important thing for not just women but for all of the families that we represent here in the great State of New York.
I vote aye.
ACTING PRESIDENT SAVINO:Senator Parker to be recorded in the affirmative.
Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Madam President.
I first want to say it's good to see two women at the rostrum this evening.
And, you know, I'm disappointed that we are not able to consider all 10 pieces of the Women's Equality Act tonight. Margaret Sanger said "No woman can call herself free who does not own and control her body. No woman can call herself free until she can choose consciously whether she will or will not be a mother."
That said, Madam President, I have a two-year-old daughter named Sylvia, and I think about her future in New York and her future in the workforce. And I'm heartened that the work of Senator Krueger and Senator Parker and Senator Savino herself have culminated in tonight's legislation, and I'm very proud to vote aye.
Thank you.
ACTING PRESIDENT SAVINO:Senator Hoylman to be recorded in the affirmative.
Senator O'Brien to explain his vote.
SENATOR O'BRIEN:Thank you, Madam President.
Pay inequality undermines the basic tenet our country was founded on, that each of us will have a fair opportunity to achieve success. We've come a long way forward, but until we see the day when women are treated equally with men in the workplace, we have work to do.
The pay gap between men and women is real. Working women in New York are paid just 84 percent of what men are. And at every level of academic achievement, whether it's high school graduate, college graduate, advanced degrees, women's median wages are less than men's wages.
Pay equity, though is more than a women's issue. It's a family issue. Families increasingly rely on women's wages to keep the bills paid, and fully one-third of employed mothers are the sole breadwinners for their families. When these women are paid less than their male counterparts, it leads to poor living conditions and fewer opportunities for their children.
It is very important that we pass this legislation. It simply prohibits paying women less because of their sex and protects women who make inquiries about pay disparities from retaliation.
Madam President, I vote yes.
ACTING PRESIDENT SAVINO:Senator O'Brien to be recorded in the affirmative.
Senator Martins to explain his vote.
SENATOR MARTINS:Thank you, Madam President.
Colleagues, I stand in full support of this measure. As most of you if not all of you know, I have the privilege of four daughters at home: Kaitlin, Vanessa, Emma and Caroline, 16, 13, 7 and 5.
And what we do today will make a marked difference in my daughter's lives, in the fact that because of the efforts that we had today, because of the fact that we have leadership from people like Senator Skelos and from my Republican colleagues here and from our partners in the IDC, we are able today to provide a brighter future for my daughters and for yours, for future New Yorkers that will eventually but definitely put an end to the disparities in wages that have plagued our society for years.
So yes, what we do today does make a difference. Things like this make a difference. And we can see it tangibly when we go home, when we eventually leave Albany, when I'm able to drive down the Thruway, when I'm able to open my front door and I'm able to look at my daughters and I know today we made a difference in their lives, not only for them but for all girls, young women and women throughout New York State.
Madam President, I vote aye.
ACTING PRESIDENT SAVINO:Senator Martins to be recorded in the affirmative.
Senator Tkaczyk to explain her vote.
SENATOR TKACZYK:I'll be brief, everyone.
I'm very proud to be here to vote on this bill, and it's about time.
Thank you.
ACTING PRESIDENT SAVINO:Senator Tkaczyk to be recorded in the affirmative.
Senator Marchione to explain her vote.
SENATOR MARCHIONE:Thank you, Madam President.
And I rise to explain my vote, and I'm thrilled to be able to do that.
You know, as a woman when I grew up, the question was still being asked "Do you want to go to college?" or "Is there really a reason for a woman to go to college, because she's going to stay home and she's going to take care of her children."
And that's admirable. But those days of asking whether a woman is going to go to college or take care of her children, those days are over. And the days of us as we grew up and for the 35 years I have in the workforce, I think any woman would not telling the complete truth if they said that they were treated equally and that they got equal pay for equal work, because it just hasn't happened.
I am thrilled to be able to support this bill. Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Marchione to be recorded in the affirmative.
Are there any other members wishing to explain their votes?
Senator Sanders.
SENATOR SANDERS:Thank you, Madam President.
When I dared dream of running for the State Senate, this is the type of vote that I dreamed of doing. I wanted to honor my mother, my sisters, to all the people who fought so hard to make sure that I was the person that they hoped I will be.
This is the type of vote that is needed, this and the other votes that we need to take. I of course am saddened that it's taken so long to get here. This is something that we should have done 50 years ago, perhaps a hundred years ago. And I'm saddened also that it may not be as real as we'd like it to be at the end of this vote.
However, my friends, the journey of a thousand miles begins with the first step. And towards the position of the beloved society, I think that this is a worthy first step.
I gladly vote aye.
ACTING PRESIDENT SAVINO:Senator Sanders to be recorded in the affirmative.
Senator Stavisky to explain her vote.
SENATOR STAVISKY:Thank you, Madam President.
When my father many, many years ago began as a teacher, a high school teacher in the New York City schools, men were paid more than women because it was assumed that, you know, men were the breadwinners.
That's wrong. It was wrong then, it's wrong now. And I vote aye.
ACTING PRESIDENT SAVINO:Senator Stavisky to be recorded in the affirmative.
One more time, are there any other members wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT SAVINO:The bill is passed.
(Applause from the gallery.)
THE SECRETARY:Calendar Number 1582, by Senator Valesky, Senate Print 5873, an act to amend the Executive Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Krueger to explain her vote.
SENATOR KRUEGER:This bill addresses ending sexual harassment on the job for every employee, so it matters for men and women. But 75 percent of all sexual harassment complaints with the Division of Human Rights are filed by women. Eighty-three percent of all federal EEOC complaints of sexual harassment are filed by women.
The problem up until now has been that those women working for employers with fewer than four employees were not treated equally under the law. They could not file a complaint because small employers are currently exempt.
More than 60 percent of the employers in New York State have fewer than four employees. So with this bill we are expanding sexual harassment protection for over 60 percent of the people who work in the State of New York.
It's an important piece of the full 10-point bill that I wish we were voting on today, but I'm very proud to vote yes on this bill.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Krueger to be recorded in the affirmative.
Are there any other members wishing to explain their vote?
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT SAVINO:The bill is passed.
(Applause from the gallery.)
THE SECRETARY:Calendar Number 1583, by Senator Little, Senate Print 5874, an act to amend the Executive Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 90th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Little to explain her vote.
SENATOR LITTLE:Thank you, Madam President.
And I'm really pleased to be able to put forth this bill. This is a bill that would help a person who had been discriminated against, because of a sexual base, on employment or credit decisions and credit discrimination.
And we have to assure that this is a valid claim, and it would strike a balance between the claimant as well as the defendant. And the defendants would have to -- in a proceeding, the defendant -- and if it was the department, it would not be the state, would not be having to pay attorney fees.
But the defendant in an action would have to show that the proceeding was brought in bad faith and it was solely for the purposes of delaying or prolonging a resolution of litigation or to harass or maliciously injure another.
We know many times a person who is being discriminated against in employment, not making that kind of money, or feeling that they are being harassed and unable to get credit because of sexual discrimination, really does not have the ability to pay attorney fees. And this would require that the person would have to apply and make a motion to get those attorney fees.
And certainly the defendant has that ability to make sure that it's a valid claim and do all of that. This strikes a good balance between the claimant as well as the defendant.
So thank you very much.
ACTING PRESIDENT SAVINO:Senator Little to be recorded in the affirmative.
Are there any other members wishing to explain their vote?
Senator Parker to explain his vote.
SENATOR PARKER:Thank you, Madam President.
First let me begin by thanking Senator Little for introducing this bill and being a champion for it. And obviously, again, to the leaders of this house for making sure that this bill came to the floor.
I think that this bill that deals with attorney fees for discrimination is really the best part of this women's equality package. And I may be a little bit biased because, you know, at the beginning of session I started down this very same road and in fact this very same course.
I learned that under the Human Rights Law of this state, which is really the biggest protection for all types of discrimination in this state, that harassment and disparate treatment did not provide any monetary basis for attorneys to pick this up. And so how could you get your rights protected if you felt someone was doing something to you if in fact you couldn't get an attorney to in fact take up your case?
So I wrote a bill about it, and it was S3294A, which requires the award of attorney fees to prevailing parties in all human rights cases -- particularly, you know, as we speak now about women, but this legislation actually would protect everyone who had in fact a human rights case.
The New York City Human Rights Law and the federal Civil Rights Law award attorneys fees, but the New York State law does so only for housing discrimination cases, and accounts for less than 8 percent of the cases filed.
So I'm very glad that this bill has come to the floor. I am urging my colleagues to vote yes. And I'll be voting yes too, Madam President.
ACTING PRESIDENT SAVINO:Senator Parker to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT SAVINO:The bill is passed.
(Applause from the gallery.)
THE SECRETARY:Calendar Number 1584, by Senator Little, Senate Print 5875, an act to amend the Executive Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 90th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Little to explain her vote.
SENATOR LITTLE:Thank you, Madam President.
This is another bill that would help a person gain employment and to be fairly judged, and it would not be based upon their familial status.
So what we're talking about here is an employer could not look at two equal applicants who are looking for a job and choose the single person who had no children over the single person who had children, based upon the fact that the person with children may be missing work, may have to take sick days, may have to get children to a doctor, may be called to a school as a result. And we hope that no one does that, but we also know that it could easily happen.
We also would not want someone to discriminate over a single person to a person who has a spouse who may be beginning to start a family, that that also would not be allowed in this bill. We couldn't discriminate on that basis.
So it's based upon what your family status is and the fact that you have children and that you may be called away from work, you may have some distractions, maybe, as we all have had when we have family and children to take care of. You could not discriminate benefits against that.
And I think that this is important because, you know, many times we have two-career families and they have children. And so somebody would say, Well, that person's got too much going on, I'm going to choose the person that doesn't.
Or we have the instance of a single parent who certainly has a lot more obligations with their children and would be not considered for a job solely based on the fact that they had children.
So thank you, and I appreciate all of your votes. Thank you.
ACTING PRESIDENT SAVINO:Senator Little to be recorded in the affirmative.
Senator Serrano to explain his vote.
SENATOR SERRANO:Thank you very much, Madam President. And I rise in support of this legislation.
In the communities where I represent East Harlem and the South Bronx, you have some of the highest instances of single parents, moms with children who are raising the entire family. And all of the discriminations that she would be facing are many of the issues that we are addressing here today.
And this particular bill really speaks to a very difficult problem, one that unfortunately puts many of these families in my district deeper and deeper into poverty every single year.
As has been mentioned, women are children are less likely to be recommended for hiring and promotion, less salary than similarly situated men. Seventy percent of children living with single mothers are poor or low-income.
And here's one that's very troubling. An average woman loses $434,000 of salary over a 40-year career due to the quote, unquote, motherhood penalty.
So I'm so happy to stand with my colleagues on this and other issues to address the major disparities that exist and have affected disproportionately communities like East Harlem and the South Bronx. And I congratulate Governor Cuomo for pushing very strongly on these issues, and I look forward to its passage.
Thank you.
ACTING PRESIDENT SAVINO:Senator Serrano to be recorded in the affirmative.
Senator Squadron to explain his vote.
SENATOR SQUADRON:Thank you, Madam President.
A couple of bills ago a number of my colleagues spoke about pay equity and how important it is, and they were right to do so. It is critically important.
You know, this bill interlocks with that one in such a key way. We can't allow pay inequity, we must crack down on it. And that was a historic and significant bill to pass. But if we don't also crack down on discrimination based on familial status, that first part of this bill won't have the effect that we need it to have.
And the effect is that no woman should have the concern in the back of their head that what happens with their family, their obligations, their parenthood is going to have a negative impact on their career. No person because of their status should risk lower pay for the same work for the same day.
And it really speaks to the extent to which Governor Cuomo was really wise to create the 10-point agenda, because each of these issues link with each other. When you're talking about equality, you're not talking about any single failure of societies. When you're talking about equality, you're not just talking about one consequence that's been identified. Each one of the consequences that women in this state and, as a result, all of us in this state live with every day need to be solved by looking at the entire picture and the entire concern.
So I wish we were looking at the entire 10-point Women's Equality Agenda today, but I am so glad -- I want to congratulate Senator Little for that, Senator Savino for the earlier bill, and all the other sponsors and cosponsors of the bills we are looking at today, because in total they're going to create a society that's more equitable and more just -- not just for women, but for all of us. Because the injustice and inequality that women must face today brings the entire state to a lower place than it should.
I'll vote aye, Madam President.
ACTING PRESIDENT SAVINO:Senator Squadron to be recorded in the affirmative.
Are there any other members wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT SAVINO:The bill is passed.
(Applause from the gallery.)
THE SECRETARY:Calendar Number 1585, by Senator Robach, Senate Print 5876, an act to amend the Real Property Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT SAVINO:The bill is laid aside.
THE SECRETARY:Calendar Number 1586, by Senator Young, Senate Print 5877, an act to amend the Domestic Relations Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 15. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Young to explain her vote.
SENATOR YOUNG:Thank you, Madam President.
Every nine seconds in the United States a woman is assaulted or beaten. And domestic violence is the leading cause of injury to women, more than car accidents, muggings, and rapes combined.
This is a very important piece of legislation because it reforms the orders of protection system for domestic violence victims.
I salute everyone for their work on this important measure: Governor Cuomo, the New York State Senate, the State Assembly. By working together, we truly are making a huge difference in the system that will help so many victims.
I will be voting aye.
ACTING PRESIDENT SAVINO:Senator Young to be recorded in the affirmative.
Senator Espaillat to explain his vote.
SENATOR ESPAILLAT:Thank you, Madam President.
I am happy to be taking up and voting favorably on these bills. I want to commend the sponsor of the bill and all my other colleagues that are cosponsors of the bill.
This bill chooses to address issues of criminal justice that impact directly on women. And one of them is the scope of orders of protection and temporary orders of protection.
I would have liked to see included in this bill a provision that was discussed before its adoption that included the translation of orders of protection. You may know, Madam President, that domestic violence happens disproportionately very often in immigrant communities. The data shows that across the state immigrant communities are affected dramatically by domestic violence and that in fact there's an epidemic there.
We must make sure that the issuance and the terms of orders of protection are culturally and linguistically sensitive and that both the victim, the woman, understands specifically what the terms of orders of protection are, and the batterer also understands what the limits are that are placed upon him.
So we are voting on this package of legislation that will move women ahead. I hope that in the future we'll be able to take up another bill that would address this particular need that is important for women across the State of New York.
I will be voting aye, Madam Speaker.
ACTING PRESIDENT SAVINO:Senator Espaillat to be recorded in the affirmative.
Senator Rivera to explain his vote.
SENATOR RIVERA:Thank you, Madam President.
At the beginning of this session we were charged as a legislative body to address issues that, as some of my colleagues have pointed out, we have had way too long to deal with, that have been undealt with for a very long time.
I am very happy to be able to stand on this floor and vote in the affirmative on most of these bills. Certainly I thank Senator Young for bringing this to the floor on issues of domestic violence, as we dealt before with workplace protections, with pay, with housing discrimination. All of these issues are incredibly important to women all over the state.
It is unfortunate, Madam President, that we were not able to deal with the final issue, obviously, on choice. I think that an issue of women's health needs to be included in this discussion. It is what we were charged with at the beginning of this session. It is quite unfortunate that we were not able to do that.
But on every other issue I do believe that we are moving forward, and I hope that we are able to come to some sort of agreement so we can move all of this forward. But for the moment, I will be voting yes on this piece of legislation.
Thank you so much, Madam President.
ACTING PRESIDENT SAVINO:Senator Rivera to be recorded in the affirmative.
Senator Nozzolio to explain his vote.
SENATOR NOZZOLIO:Thank you, Madam Chairman. I rise in support of -- Madam President. I rise in support of this measure, as chairman of the Committee on Codes and one who has worked for a long time in ensuring that New York has a zero tolerance for violence at all levels.
Senator Young is to be commended for taking giant steps in ensuring that those who are threatened with violence, with any type of disorder, are dealt with in a way that is in fact protecting. The order of protection is too much an order and not enough protection.
And that's exactly what Senator Young is rectifying in this measure, making the orders of protection more readily enforceable, more notice, and more easily enforced in our courts. The order of protection does no one any good unless it can be in fact having the full force and effect of our court system behind it.
That is why, Madam President, I think this is an excellent step in the right direction. We need to continue to stem the tide of domestic violence in this state. That I have risen on many occasions in this chamber asking for support of a measure called Brittany's Law, which is named after young girl who in one fell swoop, in an afternoon, a grandmother lost her daughter and her granddaughter because of a perpetrator of domestic violence.
We need to stop those incidents across this state. Senator Young's provisions take a giant step in that direction, and I'm very proud to support the measure.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Nozzolio to be recorded in the affirmative.
Senator Serrano to explain his vote, followed by Senator Hassell-Thompson.
SENATOR SERRANO:Thank you very much, Madam President.
And again, I stand in support of this legislation and the mission of this legislation.
And I'd like to associate my comments with those of Senator Espaillat, that it is troubling that this legislation couldn't have -- it could have been better had the translation piece, the translation services portion been included.
As he said, when you consider that so many of the victims of domestic violence are new immigrants -- we are a nation of immigrants. We would always be a nation of immigrants. And there is always new hardworking Americans coming to our shores every single day. And oftentimes, unfortunately, they do not come forward when they've been the victims of violence or any other crime, for that matter.
And if you look at statistics in places like East Harlem and the South Bronx, there is a chronic underreporting of crime, and especially domestic violence.
Without translation services, I fear that there will be less of a feeling of comfort for people to come forward because, again, they will just find there to be more and more difficult hurdles in their way to getting the protection that they need.
But again, on the whole, this is a very good first step, a good piece of legislation. But I think it would have made more sense and been much stronger had there been translation services.
I vote aye.
ACTING PRESIDENT SAVINO:Senator Serrano to be recorded in the affirmative.
Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:Thank you, Madam President.
First I'd like to congratulate Senator Young and all of those whose names are on the bill.
But I am saddened and I wouldn't be human if I didn't express my sadness about the fact that this was a bill, as you may remember, that I passed three years ago. And unfortunately at that time Governor Paterson chose to veto this bill, saying that he thought that the term of "domestic violence" that we used in the development of this bill would not pass muster because he thought it was too broad.
But what I do appreciate is that this bill became a part of a full discussion around issues of women. And certainly I am very pleased that this bill is being brought to the floor, even without my name on it and even without any recognition of the work that I put into trying to develop this and helping us as a body come to a place where the discussion of domestic violence has really taken a major turn.
Having been someone who worked for many years around this issue, looking at the numbers of women who have been violently abused -- and it took us a very long time to accept battered women as a conversation and domestic violence as something that we really needed to get behind.
And so I am at least proud of the fact that we have begun this dialogue and have brought ourselves to a point where we recognize that violence is unacceptable and that the discrimination against women who have been abused, whether it's in housing or in employment, is unacceptable. And that we as the State of New York are a testament to the fact that we have a zero tolerance for violence against women.
And that we have finally got sophisticated enough to accept that the fact that across this state that this is becoming epidemic in too many instances and it is incumbent upon us to do everything possible to ensure that we announce to the women of this state that we understand your plight, we think that not only should there be punitive measures brought against those who commit violent acts against domestic partners and whomever. And also being sure that we create a safe workplace and that we do not allow discrimination in employment or in housing against women who are already abused.
And so I thank you, Madam President, and to my colleagues who have pushed this to the floor. And I am gratified that this time we have a Governor who is understanding of these issues and will sign this bill so that the women of this state know that we have zero tolerance for violence against any woman.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Hassell-Thompson to be recorded in the affirmative.
Are there any other members wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT SAVINO:The bill is passed.
(Applause from the gallery.)
THE SECRETARY:Calendar Number 1587, by Senator Young, Senate Print 5878, an act to amend the Family Court Act.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect April 1, 2014.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Young to explain her vote.
SENATOR YOUNG:Thank you, Madam President.
This bill is actually based on legislation that I have sponsored and passed in this house previously, which would allow domestic violence victims to give testimony via electronic means.
Very, very difficult for victims who have been terrorized, may have been tortured, raped, beaten by their abuser, to go into court and be able to give testimony.
And so this bill actually is a pilot program for the filing of petitions for temporary orders of protection by electronic means, and also allows people to appear in court by audiovisual means.
And I think this will go a long way in getting convictions for those who commit domestic violence. It certainly will help victims be able to give their testimony and also start the process of healing.
And so, Madam President, I thank my colleagues for your support. I will be voting aye.
ACTING PRESIDENT SAVINO:Senator Young to be recorded in the affirmative.
Senator Rivera to explain his vote.
SENATOR RIVERA:Thank you, Madam President.
Once again I stand to thank Senator Young for bringing another good piece of legislation to the floor. And's just another aspect of what we need to do for women in this state.
I'll reiterate again, what we have done already, dealing with whether it's pay, whether it has to do with workplace protection against harassment, whether it has to do with domestic violence, whether it has to do with strengthening family law, with housing discrimination -- all of these are incredibly important issues, and some of them are very much long overdue.
But I repeat once again, it is unfortunate that at this time, Madam President, when we were charged at the beginning of the session with making sure that we had an opportunity to be heard on every single one of the issues that impacts the women of this state, that we had an opportunity to talk about health as well.
And the fact that we are not including this, that we are not voting on a bill that deals with that issue, that deals with the issue of choice, that deals with the issue of making sure that women in this state have the ability, have a guaranteed ability to seek medical attention for medical conditions -- that is what we're talking about here -- it's a little disappointing.
So again, Madam President and Senator Young, I thank you both for being two of the folks whose names are on these bills and for bringing all these issues before us. But once again, Madam President, it is unfortunate that we are not able to deal with the issue of choice, which again we were charged with at the beginning of this session.
I vote aye on this piece of legislation. Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Rivera to be recorded in the affirmative.
Are there any other members wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT SAVINO:The bill is passed.
(Applause from the gallery.)
THE SECRETARY:Calendar Number 1588, by Senator Lanza, Senate Print 5879, an act to amend the Penal Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 43. This act shall take effect on the 90th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Lanza to explain his vote.
SENATOR LANZA:Thank you, Madam President.
Colleagues, we stand at an incredibly positive and important moment here in New York State. For so many years so many of our colleagues and friends on both sides of the aisle dreamt of enacting a law the likes of which is before us today.
Not so long ago I read a story about a 15-year-old girl who wandered a little too far from her home. She was captured, she was forced into a life of coerced prostitution. She wasn't free to come or go. And it's because there was a man who believed he owned her and everything she did and everything she thought. And when the government finally showed up, it arrested her and treated her like the criminal.
You might be thinking to yourself, What country, which century did this happen? Well, this is a story of the here and the now. Right here in our country there are over 1 million victims of human trafficking. The overwhelming majority of those are girls and women.
For too long our criminal justice system has treated the victim as the criminal and has given a free ride to the real culprit. This law will end that.
I don't think in my experience there has ever been a law whose title so accurately described what the law will do. This is the Trafficking Victims Protection and Justice Act. It will provide the necessary tools to law enforcement so that we can finally bring justice in these horrific cases of human trafficking. Right now they do not have those tools. This will do that. We will begin finally in this state.
New York, New York is the number-one place where victims of human trafficking unfortunately are brought and reside. We can turn that around. There's a lot of legislation that we deal with here. This is one where you can go home -- as the father of two young girls, I think about their safety every single moment of every single day. This is legislation that we can enact together here in New York that will save lives and begin to end this terrible scourge right here in our neighborhood, in our state and our country, that has destroyed countless numbers of young women's lives.
So many people worked so hard and so long to make this a reality. I want to thank a few. I want to thank our legislative leaders. I want to thank you, Madam President, Senator Savino, for your work, Senator Hannon, Senator Gallivan, Senator Krueger, and so many. And especially the advocates, my friend Emily Amick and the rest of my friends over at Sanctuary for Families.
I especially want to thank Assemblywoman Amy Paulin, who's here in the chamber today. She has been relentless in her leadership on this issue.
And now we stand at this wonderful moment where we can really turn back the tide on what is really an issue that is affecting women and young girls in a way that will I think bring us toward a better future.
I want to thank you, Madam President. I vote in the affirmative and I urge all of my colleagues to join me.
ACTING PRESIDENT SAVINO:Senator Lanza to be recorded in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Madam President.
I rise in support of this bill. I would like to recognize Senator Lanza for the hard work he's done to get us here. I believe he has a separate bill that would have gone a bit farther to deal with the issues for 16- and 17-year-olds caught up in being trafficked and then finding themselves in the criminal court system. But hopefully, maybe even before we leave town, we might see an additional bill that would address the problems for 16- and 17-year-olds.
You know, a few years ago when we passed the original human trafficking bill, that didn't go far enough, which is why it is so important that we are moving this legislation that recognizes both the need to increase penalties for those abusing young women, and in fact raping them and forcing them into prostitution and rape.
Years ago we didn't go far enough in addressing the needs of the victims of trafficking because someone here in the Senate with me at the time told me: "You can't fix girls once they've gone bad." It horrified me then, it horrifies me to this day that there are still those amongst us who may believe that young women forced into prostitution, forced to have sex against their will, forced to become pregnant against their will, might in fact be considered the criminal, not the victim.
And again, it reminds me why I wish we were doing the entire 10-point Women's Equality Agenda on the floor of this house tonight. Because in fact when you talk about the need to ensure that women have the right to make their own decisions about their lives and their bodies and not be trapped in rape and prostitution against their will, and not be forced into pregnancies that they have to deal with against their will, you are talking about the issues of reproductive rights and protections. And we need to strengthen them and modernize them in this state. This is just one more example of a universe of women who need these rights and protections.
But again, I appreciate very much that this bill has been worked on so hard and long by so many. And I want to thank Senator Lanza again for being there to push on these critical issues.
Thank you. I vote yes.
ACTING PRESIDENT SAVINO:Senator Krueger to be recorded in the affirmative.
Senator Fuschillo to explain his vote.
SENATOR FUSCHILLO:Thank you very much, Madam President.
Let me thank Senator Lanza for bringing this bill to the floor.
There isn't a week that goes by that I don't receive a desperate phone call from my district office from a woman who feels discriminated against from the court systems here in the state, who feels discriminated against from employment, who always asks us: Why, if I have the same quality education, the same experience as somebody else who goes in that job, am I looked at differently?
Now, I listened to Senator Martins talk about his daughters. Well, my youngest child is a daughter, Katie, the age of 13. And why should she go through high school and college and go look for a job or look for an apartment and be discriminated against just because she's a young lady?
Well, hopefully with what we've done here today with this series of bills -- and I want to thank my colleague for putting forth these legislations, and they're passing unanimously -- that will end. And if it doesn't, then our work is not done. Then we must come back here and reevaluate it to make sure that any discrimination among women ends today or our work has to continue on.
I'll be voting in the affirmative, Madam President.
ACTING PRESIDENT SAVINO:Senator Fuschillo to be recorded in the affirmative.
Are there any other members wishing to explain their vote?
Seeing none, announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT SAVINO:The bill is passed.
(Applause from the gallery.)
THE SECRETARY:Calendar Number 1589, by Senator Hannon, Senate Print 5880, an act to amend the Executive Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 90th day.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Hannon to explain his vote.
SENATOR HANNON:Thank you, Madam President.
This is legislation to require that employers provide reasonable accommodations to the pregnant working woman in New York State.
In 1978, there was a federal antidiscrimination act. There were subsequent amendments to the New York State Human Rights Law. But both the federal law and the state law have gaps in them in regard to what should be reasonable accommodation, and this legislation is designed to fill into those gaps.
Just this week the National Women's Law Center and a group called Better Balance issued a whole report on the need to correct this imbalance. And regrettably, two or three of their examples that they used of working women who suffered this discrimination were New York residents, New York residents who somebody was forced to stand while pregnant for eight hours and not given a stool, somebody who was forced to do heavy lifting while pregnant when men with a disability were not.
And so we're designed to correct this. This fits in with the rest of the very worthy proposals we are dealing with today. And I would urge a yes vote by my colleagues.
ACTING PRESIDENT SAVINO:Senator Hannon to be recorded in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Madam President.
I'm very pleased to rise on this bill. I have a bill, S1479, that looked an awful lot like this bill. Since 2011, I have been trying to get it passed. So I am very happy that we are passing a version of it here tonight in 2013.
Again, it's a bill to recognize, as Senator Hannon just said, reasonable accommodations for women who are pregnant and working.
Ironically, for me, it's exactly what I keep talking about about the importance of recognizing the needs of women and women's reproductive health. Because women's reproductive health is also all about making sure that women who want to have pregnancies and children can do so acceptably in our society, do not have to risk losing their jobs or taking a decreased paycheck or being forced into conditions that can risk their health and their pregnancy just to keep a job.
It's common sense. We want to make sure women who are pregnant are helped in all ways possible to carry to term healthy infants. We want to make sure they don't end up losing their jobs and their source of income so they're not able to care for themselves and their children.
It's a simple bill, and yet some people didn't quite understand it. So I'm very glad to see that we are moving this bill tonight. It matters a lot for women in this state, for their families. And in fact, frankly, work situations will be better for men and women because we have made these simple accommodations.
Thank you, Madam President. I vote yes.
ACTING PRESIDENT SAVINO:Senator Krueger to be recorded in the affirmative.
Are there any other members -- Senator Sanders, followed by Senator Carlucci.
Senator Sanders.
SENATOR SANDERS:Thank you, Madam President.
I rise to speak in favor of this bill also, and the other bills that we passed. I've longed to tell my daughter Nzinga, my sisters Naomi and Charlena, I've longed to tell my nieces Yolanda and Nakia that we are doing a good thing, that we're making a historic move here.
However, I fear, I have a fear, I fear that our pronounced and pious words are going to be imprisoned by this very majestic hall that we find ourselves in. I fear that if we do not get a companion bill from the Assembly, that all of these great things that we have promised to the people will be stillborn, caught and captured in this hall not to see the rest of New York, which needs this desperately.
On another day, perhaps, let's pledge that we're going to reopen this book of justice and make sure that we write a new chapter, a chapter that upholds the oneness of the human family and says that after all is said and done, women hold up half the sky, and that's just the way it is, and we accept the realty. I look forward to that day even more than this day.
I vote aye.
ACTING PRESIDENT SAVINO:Senator Sanders to be recorded in the affirmative.
Senator Carlucci to explain his vote.
SENATOR CARLUCCI:Thank you, Madam President.
I rise in support of this important legislation and want to thank my colleagues for supporting this what I would call common-sense legislation. It's amazing to see that we do not have this legislation against pregnancy discrimination on the books in New York in 2013. To imagine that people could be discriminated against, women would be discriminated against in New York State for being pregnant is something that we cannot tolerate.
I know my wife and I are expecting our first child next month. And the fact that we're fortunate, she has a job, is working -- to see that women could be discriminated against because of pregnancy is something that we have to have a strict zero-tolerance policy against.
So I want to thank my colleagues for working on this legislation with the Governor to make sure that this becomes the law and that we bring New York State's law into the 21st century, to make sure that no woman is discriminated against here in New York.
So I enthusiastically support this legislation and vote aye and encourage my colleagues to do the same.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Carlucci to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT SAVINO:The bill is passed.
(Applause; chanting from the gallery.)
ACTING PRESIDENT SAVINO:Senator Maziarz.
SENATOR MAZIARZ:Thank you very much, Madam President.
Madam President, if we can return to the order of reports of standing committees. Is there a report of the Rules Committee at the desk?
ACTING PRESIDENT SAVINO:Reports of standing committees. Senator Maziarz, 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 1958C, by Senator Golden, an act to amend the Tax Law;
And Senate Print 5846A, by Senator Maziarz, an act to amend the Environmental Conservation Law.
Both bills reported direct to third reading.
SENATOR MAZIARZ:Madam President, I move at this time to accept the report of the Rules Committee.
ACTING PRESIDENT SAVINO:There is a motion to accept the report of the Rules Committee. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT SAVINO:Opposed, nay.
(No response.)
ACTING PRESIDENT SAVINO:The Rules Committee report is accepted.
Senator Maziarz.
SENATOR MAZIARZ:Thank you, Madam President.
At this time could we have the noncontroversial reading of Supplemental Calendar Number 57B.
ACTING PRESIDENT SAVINO:The Secretary will read.
THE SECRETARY:Calendar Number 1576, by Senator Golden, Senate Print 1958C, an act to amend the Tax Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT SAVINO:The bill is laid aside.
THE SECRETARY:Calendar Number 1580, by Senator Maziarz, Senate Print 5846A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT SAVINO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT SAVINO:Senator Maziarz to explain his vote.
SENATOR MAZIARZ:Thank you very much, Madam President. Just very briefly, I want to explain my vote.
This legislation is almost identical to legislation which all of my colleagues over here, with two exceptions, voted for just a couple of weeks ago. This legislation would allow liquefied natural gas to be used in the State of New York.
This legislation will result in clean air in the State of New York. This legislation will allow for more jobs in the State of New York.
I want to give a great deal of thanks and appreciation to my colleague on this side of the aisle, Senator Tom O'Mara, who's helped very much, whose district is awaiting the development of 50 to 60 jobs that can start in just a few weeks if this legislation becomes law in this state.
My colleagues in the Assembly are working diligently to get this bill passed. The New York League of Conservation Voters, a very good environmental group, is in support of this legislation. This is a good bill, and it's going to result in clean air.
The company that has thousands of brown trucks that are operating every day in every one of your districts and your districts want to go to liquefied natural gas. They're going to do that in every state in the nation except the State of New York because we have a very disingenuous ban here in this state.
Thank you, Madam President. I vote in the affirmative.
ACTING PRESIDENT SAVINO:Senator Maziarz to be recorded in the affirmative.
Senator Grisanti to explain his vote.
SENATOR GRISANTI:Yes, thank you, Mr. President.
You know, as chair of the EnCon Committee, you get a lot of requests on different legislation. And, you know, my colleagues, I mean, this is really a no-brainer. I mean, if you take a look at the facts and who actually supports this legislation, it's a no-brainer.
LNG saves trucking companies, businesses and consumers $1 to $3 less per gallon than diesel. As Senator Maziarz has stated, there are trucking companies like UPS and FedEx that want to actually switch from diesel to LNG.
It's safe. It's stored at 260 degrees below zero, so if it's spilled -- I don't know if you guys know this -- it actually vaporizes. It can't explode because it doesn't have any flammable components with regards to it.
There are economic development projects pending right now in current companies that can benefit from this legislation. I have no idea what the Assembly is thinking of. There is literally no opposition to this legislation. And as chair of the EnCon Committee, I can't fathom why it sits there without moving forward to the benefit of creating hundreds if not thousands of jobs across New York State. In Western New York, there's a Hebeler Corporation in Tonawanda that employs 300 people. They actually manufacture and make these tanks. They could expand ten times.
So the point is, based on reducing emissions, safe to consumers, it's a no-brainer. I vote aye, Madam President. I urge all my colleagues to do it as well.
I urge the Assembly, if they could do it tonight, please get it on the floor. You're costing thousands of jobs here.
ACTING PRESIDENT SAVINO:Senator Grisanti to be recorded in the affirmative.
Senator O'Mara to explain his vote.
SENATOR O'MARA:Thank you, Madam President.
I rise in support of this legislation and to thank Senator Maziarz for his leadership on this issue and his staff for their great assistance in moving this forward.
If we want to do something in New York State for economic development that we all talk about, creating jobs -- and we're going to take up a package a little later on tonight about the START-UP NY program that's going to provide tax-free zones. Because we need those in New York because we're so uncompetitive.
This issue here alone, LNG, we're the only state in the country that doesn't allow it. Right now you can drive a tractor trailer operated by liquid natural gas towing a container full of liquid natural gas across our state under interstate commerce and guidelines of the federal government. This is all this is going to allow us to do in this state.
We're going to have LNG filling stations, without this, all along our border of the state so that trucks can fill up and do their commerce. And we've got fleets of trucks in this state with companies that want to convert their fleets to this cleaner burning, cheaper energy.
We want to do something for economic development? This is a great idea. This will create jobs, it will create construction jobs, cheaper jobs for trucking. And it's going to help a manufacturer in my district that will be building these conversion stations that will result in 50 to 75 jobs this year alone, expanding to 100 to 200 jobs to carry that forward.
And this is an industry that does not require incentives. There's no incentives here. There's no handouts for corporations. These are jobs that will be created because these are needed in our economy.
We want to do something for our economy? We need to pass this and move forward with it to create jobs in New York State.
Thank you.
ACTING PRESIDENT SAVINO:Senator O'Mara to be recorded in the affirmative.
Senator Parker to explain his vote.
SENATOR PARKER:Thank you, Madam President. To explain my vote.
Let me first begin by thanking Senator Maziarz for his leadership on this important bill. You know, the wave of the future in terms of energy is really alternative energy. Right now most of our energy is produced by coal plants that produce a lot of emissions, a lot of particles in the air that create asthma and other kinds of respiratory problems in many of our communities.
Until we get to a place where we in fact are really relying 90 percent, you know, on wind and tidal power and solar, this is going to be the stopgap energy that we're going to use, which is liquefied natural gas.
And so as you've heard from my colleagues, it has economic development benefits. But it's also going to reduce greenhouse effects, lower our carbon footprint, create jobs, and also lower the fuel bills of our constituents.
I vote aye on this, and I encourage my colleagues to vote aye as well.
ACTING PRESIDENT SAVINO:Senator Parker to be recorded in the affirmative.
Senator Avella to explain his vote.
SENATOR AVELLA:Thank you, Madam President.
I wasn't actually going to get up and speak on this bill, but my colleague Senator Grisanti mentioned that there's no opposition to the bill. And I just wanted to read into the record environmental organizations that are in opposition.
Catskill Citizens for Safe Energy, Catskill Mountainkeeper, Citizen Action of New York, Delaware Riverkeeper Network, Environmental New York, Food and Water Watch, Frack Action, Grassroots Environmental Education, NYPIRG, Riverkeeper, United for Action, Western New York Drilling Defense, and the Sierra Club.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Avella to be recorded in the negative?
SENATOR AVELLA:I vote in the negative.
ACTING PRESIDENT SAVINO:Senator Avella in the negative.
Announce the results.
THE SECRETARY:Those Senators recorded in the negative on Calendar Number 1580 are Senators Adams, Addabbo, Avella, Espaillat, Gianaris, Gipson, Hoylman, Krueger, Latimer, LaValle, O'Brien, Perkins, Rivera, Sanders, Serrano, Squadron, Stewart-Cousins and Tkaczyk. Also Senator Stavisky.
Ayes, 44. Nays, 19.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Maziarz, that completes the noncontroversial reading of Senate Supplemental Calendar 57B.
SENATOR MAZIARZ:Thank you very much, Madam President. At this time could we take up the controversial reading of Calendar Number 57B.
ACTING PRESIDENT SAVINO:The Secretary will proceed with the controversial reading of Supplemental Calendar 57B.
THE SECRETARY:Calendar Number 1576, by Senator Golden, Senate Print 1958C, an act to amend the Tax Law.
SENATOR KRUEGER:Explanation.
SENATOR MAZIARZ:Before we do that, Madam President, can we just ring the bells to let the members know that we're going to be voting very shortly.
ACTING PRESIDENT SAVINO:The Secretary will ring the bells. We ask all the members to return to the chamber.
Senator Golden, an explanation has been requested.
SENATOR GOLDEN:Thank you, Madam President.
This is the CMSA, the Cigarette Marketing Standard Act, where we are adding 7 cents to a pack of cigarettes here in New York State. Three cents will go to the stamping agent, the wholesaler, and 4 cents will go to an enforcement account that will be controlled by the Comptroller and the Governor of the State of New York to go after the counterfeit cigarettes that are up and down the State of New York.
I don't have to tell anybody here, several weeks ago you seen a Palestinian cell that was arrested, 16 of them, from Virginia up through New York. I personally know some of the investigators that were on that case. There were millions and millions of dollars stacked in these homes. They confiscated them in Maryland and Virginia, and here in New York City, in Brooklyn and Bay Ridge, several of those members were arrested and their homes were entered and evidence was taken. Those 16 individuals were arrested because of the Attorney General in the State of New York here and because of the feds.
If we were to walk into any number of stores across Brooklyn, Queens, pick any one of them, after 5 o'clock at night you'll find that many of these stores are selling counterfeit cigarettes. So these 4 cents a pack would allow us to go after them by setting up this fund.
Just to give you an idea, several years ago -- not too long, 2007-2008 -- when we put this tax into effect on the cartons of cigarettes, we were doing 42 million cartons of cigarettes in the City of New York. Today we sell 7 million cartons of cigarettes in the City of New York. I know a lot of people stopped smoking, but I think realistically we know there's a lot of counterfeit cigarettes going into the City and into the State of New York.
Also, there's about seven to eight companies here in the City of New York that do their wholesale and deliver these cigarettes. That's about 2,000 jobs, Teamster jobs here in the State of New York. We are trying to maintain that industry here in the State of New York, and it's becoming more and more difficult.
This is an agreed-upon with the Governor and with the Assembly, and hopefully I can get the support of my colleagues here to move this bill.
ACTING PRESIDENT SAVINO:Senator Krueger.
SENATOR KRUEGER:Through you, Madam President, if the sponsor would yield to some questions.
ACTING PRESIDENT SAVINO:Senator Golden, do you yield?
SENATOR GOLDEN:Yes, I do, Madam President.
ACTING PRESIDENT SAVINO:Senator Golden yields.
SENATOR KRUEGER:Thank you.
I have to say I think it was because there were many different versions of the bill, with the math continually changing. So we were up to almost 17 cents in one of the versions, but now we're down to a new 4 cents per pack. Is that correct?
SENATOR GOLDEN:It's 7 cents. Four cents for enforcement, 3 cents to the taxing agent.
SENATOR KRUEGER:Through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator Golden, do you continue to yield?
SENATOR GOLDEN:I do, Madam President.
ACTING PRESIDENT SAVINO:Senator Golden yields.
SENATOR KRUEGER:So without this law, the stamping agents get 2 cents per pack, but with this law they net 5 cents per pack; am I correct?
SENATOR GOLDEN:That's correct. The last time they got a raise is about 1996, they got 2 cents a pack for cigarettes for the handling fee.
So it's the cost of doing business over the last number of years, I don't have to tell you. I don't know the last time we got a raise here in the State Senate, but that goes back to about 1999. Again, it's a long time, Senator.
SENATOR KRUEGER:Through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator Golden?
SENATOR GOLDEN:I do, Madam President.
SENATOR KRUEGER:So they're going from 2 cents to 5 cents being paid per pack. Are they doing anything new for that money? What's going on that's different that they jump that high?
SENATOR GOLDEN:Pardon me? Could you please have Senator Krueger repeat the question?
ACTING PRESIDENT SAVINO:Senator Krueger, could you please repeat the question?
SENATOR KRUEGER:Certainly.
So my understanding is they go from being paid 2 cents per pack to 5 cents per pack, which is estimated I believe to be net $10 million in new revenue for these companies. What additional things are they doing, since they're going to be paid all this additional money?
SENATOR GOLDEN:Well, I do believe that over the last number of years we've seen the price of Con Edison gas, electric, telephone, we've seen the cost of jobs, the pensions, health benefits, we've seen that go up. We've seen the price of gasoline, the price of maintaining a fleet of trucks, the maintenance of buildings, that's all increased much more than the dollars that we're asking for here, Madam President.
SENATOR KRUEGER:Through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator Golden, do you continue to yield?
SENATOR GOLDEN:I do, Madam President.
SENATOR KRUEGER:Thank you.
So before, I said that I thought this was $10 million of new revenue to them, but then I have some other notes that lead me to believe it's actually $13 million in new money to them because of the way the monies are paid in, the stamping agencies getting a float on the money the way it comes in and goes out.
So would the sponsor agree that in fact the money generated for the stamping agents is an additional $13 million if this law goes through?
SENATOR GOLDEN:No, Madam President, I do not. I believe that the -- there is notes in the bill that show that the 4 cents a pack of cigarettes will garner somewhere around $6 million for the enforcement piece of this legislation.
But I will tell you that a number of these companies have closed and left the State of New York because they cannot afford to do business. We have North Carolina that is after one of the companies in Long Island that has between 400 to 500 employees. That's just one of the several companies that are still left here are collecting this tax.
They collect about $2 billion in taxes for the State of New York. They're a bonding agent and collect that money for the State of New York. And we are losing those jobs and those businesses. So the increase is needed so that those companies can stay and do business.
We talk about economic development. Economic development is very important, picking up new jobs, but we have to find a way of keeping and maintaining the jobs that we have here. And that I think goes a long way in doing that, Madam President.
SENATOR KRUEGER:Through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator Golden, do you continue to yield?
SENATOR GOLDEN:I do, Madam President.
ACTING PRESIDENT SAVINO:He yields.
SENATOR KRUEGER:I appreciate the sponsor highlighting that there are companies who are talking about leaving New York and that there are companies in other states. My understanding is that actually quite a few of these wholesale stamping agents are based in Pennsylvania, Massachusetts, Vermont, Connecticut and Maine.
So is there a way for us to ensure that this new money actually goes to New York workers rather than outsourcing this business?
SENATOR GOLDEN:The object of the game here, Madam President, is to make sure that we maintain the companies that we have here in the State of New York.
As I said, we have lost many of these companies because it is impossible for them to compete with the cost of doing business here. So this would allow those companies to stay, not to allow for this increase to go to these companies. We can be pretty sure that those companies will go to North Carolina, they will go to New Jersey and to Vermont and to Pennsylvania, because they won't be able to do business here. And we will lose those 2,000 jobs that were New York jobs. Somebody else will get them, but New York will not have them.
So I think it's an important piece of legislation to keep those jobs here, to keep that economic development here. And by putting that 4 cents onto the portion that the counterfeit cigarettes -- we're actually going to go after the bad guys and actually get cigarettes, the money that's now being avoided, actually new monies coming in because of the enforcement piece. So that we'll actually pick up sales tax coming and cigarette tax coming into the State of New York.
SENATOR KRUEGER:Madam President, through you, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator Golden, do you continue to yield?
SENATOR GOLDEN:I do, Madam President.
SENATOR KRUEGER:So I'll bring his attention to Section 5 of his bill: "There is hereby appropriated to the Division of State Police the amount of $6 million from the cigarette tax enforcement account to support cigarette tax enforcement activities." And I skipped a section, "No money shall be available from this appropriation absent a certificate of allocation from the Director of the Budget."
Does this require the State of New York to come up with $6 million out of our budget for this? There's no transfer language. So I'm confused.
SENATOR GOLDEN:Yes, Madam President, if I understand the question correctly, is the $6 million -- what is that $6 million and how is it going to be utilized.
That $6 million is the money that we will collect on the 4 cents on the pack of cigarettes that will be used for the enforcement. And that's the money we will take in this year and put that money towards enforcement, that $6 million.
SENATOR KRUEGER:Through you, Madam President, if the sponsor would continue to yield.
SENATOR GOLDEN:Yes, Madam President.
SENATOR KRUEGER:So we are asking Budget to advance money that then we anticipate getting back from this fund at a later date; is that correct?
SENATOR GOLDEN:Madam President, that's not what I said. This is an allocation that allows us to spend the money that comes in from the enforcement of those cigarettes.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GOLDEN:Yes, Madam President.
ACTING PRESIDENT SAVINO:Senator Golden yields.
SENATOR KRUEGER:Thank you.
So perhaps, as I understand it, the enforcement doesn't start to happen until the fund fills up with the $6 million, which could then perhaps be next year, not in this year. Am I understanding that right?
SENATOR GOLDEN:Madam President, the money will be coming in on a steady -- cigarettes are sold and bought each and every day. That money is turned over to the state, and that money will be utilized as the money comes in.
And I think, again, it's an important piece of this legislation that we go after the counterfeit cigarettes. There's nobody out there going after it. We have 17 deputy sheriffs that have been assigned across the State of New York to collect the -- and go in to check to see on counterfeit cigarettes. That is not enough people in a state of this size, 19 million people, to have 17 sheriffs doing this. We need more, and this would allow them that money to do that.
SENATOR KRUEGER:Through you, Madam President, if the sponsor would continue to yield.
ACTING PRESIDENT SAVINO:Senator Golden, do you yield?
SENATOR GOLDEN:Certainly, Madam President.
ACTING PRESIDENT SAVINO:Senator Golden yields.
SENATOR KRUEGER:Thank you.
So this would provide new money for enforcement from a new division. What would happen to the revenue the state now gives to Tax and Finance for the enforcement that they are doing? It may be inadequate, but are we getting that money back?
Or is this going to have two different systems, the new enforcement fund system and then the funds Tax and Finance currently have and use through the existing system? Which I respect the sponsor thinks is inadequate.
SENATOR GOLDEN:Madam President, nothing is going to change. This is just going to be an added tool.
SENATOR KRUEGER:Through you, Madam President, if the sponsor could continue to yield, please.
ACTING PRESIDENT SAVINO:Senator Golden?
SENATOR GOLDEN:Certainly, Madam President.
SENATOR KRUEGER:So the new unit would in fact be the old unit with more money in it available?
SENATOR GOLDEN:This money I understand is being utilized by the State Police. They will assign people to that, to go out and do other work, as this unit will be assigned to go out and collect the tax dollars on those counterfeit cigarettes and to arrest the people that are circulating those counterfeit cigarettes.
SENATOR KRUEGER:Through you, Madam President, if the sponsor would continue to yield.
SENATOR GOLDEN:Yes, Madam President.
ACTING PRESIDENT SAVINO:Senator Golden yields.
SENATOR KRUEGER:Thank you.
Am I right in my recollections that this was attempted as a proposal in the budget but was rejected? And could I ask why it was rejected as a proposed section of the budget a few months ago?
SENATOR GOLDEN:Madam President, as I said in my statement, this is an agreed-upon with the Finance, with the Governor of the State of New York, and with the Assembly. So this is agreed upon.
SENATOR KRUEGER:Through you, Madam President, we've been here for many days. Do we know if it's passed the Assembly?
Excuse me. Through you, Madam President, does the sponsor know if this has passed the Assembly?
ACTING PRESIDENT SAVINO:Senator Golden.
SENATOR GOLDEN:Madam President, the Assembly is waiting with bated breath for this bill so that they can pass it. It is high in the Assembly.
SENATOR KRUEGER:Madam President, I will speak on the bill.
ACTING PRESIDENT SAVINO:Senator Krueger on the bill.
SENATOR GOLDEN:Thank you, Madam President. Thank you, Senator Krueger.
SENATOR KRUEGER:Thank you.
I want to thank Senator Golden for his answers to my questions.
I think it is a complicated bill, if not a complicated issue. It raises all kinds of questions about do we have the right system of stamping cigarettes in the first place, since we haven't changed it in 40 years.
I agree with my colleague that there is a serious problem with black-market cigarettes, people violating our laws. There is enormous confusion over the process by which who can buy cigarettes and who cannot on Native American reservations in this state. There is qualification over where do cigarettes come from.
I know in New York City, and I know that my colleague knows this also, we have a real problem with both counterfeit cigarettes coming by boat, so they are advertised as one cigarette but they're not actually that brand; we have a problem of cigarettes sneaking in that might actually not be counterfeit but they are not being taxed. We have trucks coming across the borders and selling them out of the back of the truck for lower costs.
And truthfully, I actually think anything that increases the price of cigarettes probably is good, because it discourages people from smoking. But I'm also concerned that we are increasing a payment to a specific group of companies that may not even be here in New York, but we're not actually getting to the heart of the problems we are facing. Although it's hard for me to argue against wanting more enforcement available to work on the issue.
And yet it's not clear to me how this bill gets us there. So in fact if it passes both houses and the Governor signs it, I look forward to seeing what worked and what didn't work in the future, because I think we will need to go further and perhaps in a different direction.
But for now, I'm not sure that we're not just ensuring certain companies get a lot more money without necessarily doing that much to help address the fundamental problems we are having in our state. So I will be voting no, with appreciation to the sponsor for giving me the time to try to help me understand the bill better.
Thank you, Madam President.
ACTING PRESIDENT SAVINO:Senator Krueger to be recorded in the negative.
Ring the bells. Read the last section.
THE SECRETARY:Section 6. This act shall take effect September 1st.
ACTING PRESIDENT SAVINO:Call the roll.
(The Secretary called the roll.)
SENATOR SKELOS:Madam President.
ACTING PRESIDENT SAVINO:Senator Skelos.
SENATOR SKELOS:If I could explain my vote, I'm going to be supportive of this legislation because of the fact that it establishes a cigarette tax enforcement act, which I believe is critically important for a number of reasons.
Number one, over the years we've had many conversations in this chamber about illegal cigarettes, untaxed cigarettes that come into this state or are distributed through this state. The State of New York loses hundreds of millions of dollars every year on tax revenues because of these bootleg cigarettes.
The money that will go to this enforcement account is intended, as Senator Golden indicated, to beef up the police that are necessary in order to enforce the laws of the State of New York and to collect these revenues.
There's also been many studies lately that much of this money that's coming in from bootleg cigarettes goes directly to those who commit terrorism in our city, our state, and our country.
Therefore, Madam President, I will be supporting this legislation.
ACTING PRESIDENT SAVINO:Senator Skelos to be recorded in the affirmative.
Senator Zeldin to explain his vote.
SENATOR ZELDIN:Yeah, I've spent a lot of time studying this particular issue. We have a distributor on Long Island.
And the fact is is that the cost to do business right now has just gone up one year after another year. And when you have a distributor who's paying $70,000 a month in energy taxes and the property taxes and the healthcare costs and the insurance costs -- with all of the costs to do business, I don't know why there's a problem with making a profit in New York State.
You know what we're doing? We're chasing out all the distributors. They're leaving New York, and they're going to other states, because they can't afford to do business here.
So when the State of Kentucky tries to get this Long Island distributor and they're offering all of the -- you know, they're not paying property taxes, they're paying for the move down, they're selling their building form here in New York -- all of the right incentives to move our businesses out of state. What kind of a message are we sending to our own distributors who, one after another after another, are leaving, with hundreds of jobs at a time?
So 2 cents. While the cost of doing business has gone up and gone up and gone up, why is government telling that distributor they can't make a profit? We're choking them and chasing them out of this state. It sends a wrong message to businesses in New York State, it sends a wrong message to our distributors. And it's a really bad precedent. We're losing jobs. This is not a tax from the state, this is allowing the distributors to receive a 5-cent handling fee instead of a 2-cent handling fee.
I would strongly encourage my colleagues to consider what we are doing to distributors right now in the State of New York. They're leaving our state, and this is only going to contribute to it. We're losing jobs if we do not do this legislation. I've studied this issue a lot. We are going to lose jobs if we don't do this bill.
ACTING PRESIDENT SAVINO:Senator Zeldin to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1576 are Senators Adams, Avella, Ball, Breslin, Espaillat, Gianaris, Gipson, Grisanti, Hassell-Thompson, Hoylman, Krueger, Latimer, Marchione, Montgomery, Nozzolio, O'Brien, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins and Tkaczyk.
Those absent from voting: Senator Sampson.
Ayes, 35. Nays, 26.
ACTING PRESIDENT SAVINO:The bill is passed.
Senator Maziarz, that completes the controversial reading of Calendar 57B.
SENATOR MAZIARZ:Madam President, could we please return to the noncontroversial reading of Senate Supplemental Calendar Number 57A.
ACTING PRESIDENT SAVINO:The Secretary will return to Supplemental Calendar 57A, noncontroversial. Where we will begin with Calendar Number 1590 in the previous calendar, if we're following along at home.
And I'm handing it off to Senator Valesky.
ACTING PRESIDENT VALESKY:Thank you.
The Secretary will read.
THE SECRETARY:In relation to Calendar Number 1590, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 8101 and substitute it for the identical Senate Bill 5883, Third Reading Calendar 1590.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1590, by Member of the Assembly Pretlow, Assembly Print Number 8101, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT VALESKY:The bill is laid aside.
THE SECRETARY:In relation to Calendar Number 1591, Senator Libous moves to discharge, from the Committee on Rules, Assembly Bill Number 8113 and substitute it for the identical Senate Bill Number 5903, Third Reading Calendar 1591.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1591, by Member of the Assembly Silver, Assembly Print Number 8113, an act to amend the Economic Development Law.
ACTING PRESIDENT VALESKY:Read the last section.
Senator Maziarz.
SENATOR MAZIARZ:Mr. President, is there a message of necessity at the desk?
ACTING PRESIDENT VALESKY:There is a message of necessity at the desk.
SENATOR MAZIARZ:I move that we accept the message of necessity.
ACTING PRESIDENT VALESKY:All in favor of accepting the message from the Governor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT VALESKY:The message is accepted.
Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT VALESKY:The bill is laid aside.
THE SECRETARY:In relation to Calendar Number 1592, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 8112 and substitute it for the identical Senate Bill Number 5904, Third Reading Calendar 1592.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1592, by Member of the Assembly Pretlow, Assembly Print 8112, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
ACTING PRESIDENT VALESKY:Senator Maziarz.
SENATOR MAZIARZ:Mr. President, is there a message of necessity at the desk?
ACTING PRESIDENT VALESKY:There is a message at the desk.
SENATOR MAZIARZ:I move that we accept the message of necessity.
ACTING PRESIDENT VALESKY:All in favor of accepting the message from the Governor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT VALESKY:The message of necessity from the Governor is accepted.
Read the last section.
THE SECRETARY:Section 21. This act shall take effect on the same date and in the same manner as a chapter of the Laws of 2013.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1592 are Senators Diaz, Espaillat, Hoylman, Krueger, LaValle, Nozzolio, Parker, Perkins and Sanders.
Ayes, 54. Nays, 9.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1593, by Senator Savino, Senate Print 5852, an act to amend Chapter 74 of the Laws of 2007.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1594, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 8068 and substitute it for the identical Senate Bill Number 5898, Third Reading Calendar 1594.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1594, by Member of the Assembly Pretlow, Assembly Print 8068, Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT VALESKY:The Senate Bill is high. The Assembly Bill is live.
Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
Just confirming that this would be the second passage of the concurrent resolution to allow casino gambling in the state. Just to confirm, is that correct?
ACTING PRESIDENT VALESKY:Yes.
SENATOR KRUEGER:Yes, thank you.
Mr. President, I will be voting no. I look forward to debating the actual casino bill, but I personally have many questions and many concerns about the bill that is no doubt coming to the floor soon for discussion and debate.
And I do feel that the State of New York would be rushing to pass the second concurrent resolution, moving it to referendum of the public at this time. So I'm urging people to vote no to give us all more time to realize what we might be doing if we pass the casino bill tonight and the second passage of the concurrent resolution.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger in the negative.
Announce the results.
ACTING PRESIDENT SAVINO:Those recorded in the negative on Calendar Number 1594 are Senators Diaz, Espaillat, Hoylman, Krueger, LaValle, Parker and Perkins.
Ayes, 56. Nays, 7.
ACTING PRESIDENT VALESKY:The Concurrent Resolution is adopted.
THE SECRETARY:Also Senator Sanders in the negative.
Ayes, 55. Nays, 8.
ACTING PRESIDENT VALESKY:The Concurrent Resolution is adopted.
Senator Maziarz, that concludes the noncontroversial reading of Senate Supplemental Calendar 57A.
SENATOR MAZIARZ:Thank you very much, Mr. President.
Mr. President, could we now do the controversial reading of Senate Supplemental Calendar Number 57A and start with Calendar Number 1585, by Senator Robach.
ACTING PRESIDENT VALESKY:The Secretary will ring the bells and place Calendar Number 1585 before the Senate on the controversial calendar.
THE SECRETARY:Calendar Number 1585, by Senator Robach, Senate Print 5876, an act to amend the Real Property Law.
SENATOR TKACZYK:Explanation.
ACTING PRESIDENT VALESKY:Senator Robach, an explanation has been requested from Senator Tkaczyk.
SENATOR ROBACH:Yes, Mr. President.
Certainly any time that violence occurs, it's abhorrent. I think that oftentimes when that violence comes from a loved one, someone you trust, in your own home, it may in fact be even more egregious if not as equal.
We've passed a number of bills dealing with domestic violence; even in my days in the Public Safety Department, worked on this for a long time. This bill would simply make it easier. There's a lot of measures, from orders of protection to money we've put into organizations like the one in Rochester, Alternatives for Battered Women for temporary shelter. This bill would go down that continuum to make it easier for women who need to move out of that violent situation -- or any abused person, for that matter, out of that situation and make it illegal for anyone to discriminate on them trying to find housing as they move and try to improve their lives anywhere in New York State.
SENATOR TKACZYK:Would the sponsor yield for questions.
ACTING PRESIDENT VALESKY:Senator Robach, do you yield?
SENATOR ROBACH:I certainly will, Mr. President.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR TKACZYK:Thank you, Senator Robach.
This plank is called "Ending Housing Discrimination Against Domestic Violence Victims." Could you describe -- because it's different from what I believe the Assembly passed in their plank around housing discrimination. How is this bill different from theirs?
SENATOR ROBACH:That would be news to me if it's different. I was under the impression that in the whole package of bills that we passed, that this will be similar to what will go on in the Assembly. If it isn't, that's news to me.
SENATOR TKACZYK:Well, one of the aspects of this bill I wanted to talk about -- I'm sorry, will you still yield?
SENATOR ROBACH:Absolutely.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR TKACZYK:Thank you.
One of the aspects in this bill talks about the source of income as something we need to make sure people don't get discriminated against if they're looking for housing. And I thought that there was an earlier version that was stronger in this area.
And could you explain why this refers to a task force to look at this issue on source of income, and what that source of income is?
SENATOR ROBACH:Certainly. I had actually passed a bill earlier with a little different language in it, and I think most of the people in here supported that, I believe almost unanimously, that was actually vetoed by the Executive. This was the result of three-way negotiation.
And I would say this too. While we did pass the other bill, I think the task force hopefully will take a much more holistic approach too, and not just source of income, but also try to ensure that people in this category aren't just kind of resigned to one type of housing, but may we can look at it more holistically.
And what the task force would consist of -- I think you asked that also -- would be two members from the Governor, two experts on housing policy, two local government officials, one from upstate and one from downstate, two on the recommendation of the Senate, and two on the recommendation of the Assembly, to look at the whole viewpoint of source of income and what type of housing would be available and try to make that better as people move on and get away from that dangerous situation.
SENATOR TKACZYK:Would the sponsor continue to yield.
SENATOR ROBACH:Certainly.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR TKACZYK:It's important to protect women from housing discrimination, and source of income is one of those aspects of it. It's important to amend the Human Rights Law to prohibit landlords from discriminating against tenants based on lawful sources of income. Could you describe what "sources of income" refers to?
SENATOR ROBACH:Yes. What is paying for the rents, if it's government, if it's -- whatever it may be. It could even be alimony, for that matter. Whatever source of income is paying for rents in the case where the home isn't purchased.
But I guess you could do that too even if someone was purchasing a home. I suppose someone could look at that source and discriminate there too. But those would be it.
SENATOR TKACZYK:Would the sponsor continue to yield?
SENATOR ROBACH:Yes.
SENATOR TKACZYK:You're correct that we did pass a source-of-income discrimination bill in 2010, and I believe it was sponsored by Senator Squadron over here.
But the term in that bill refers to "source of income" as including wages from lawful employment, child support, alimony, foster care subsidies, income derived from Social Security or any form of federal, state or local public assistance, housing and rental subsidies and assistance including Section 8 vouchers, savings, investment and trust accounts and any other forms, as you said, of lawful income.
Are there any other states that prevent housing discrimination towards women based on their source of income?
SENATOR ROBACH:We also passed a bill in 2009.
I am not certain what actually goes on in other states.
SENATOR TKACZYK:Will you continue to yield?
Other states or municipalities include New Jersey, Massachusetts, Connecticut, Chicago, Washington, D.C.
But are there sections in New York State or areas in New York State where municipalities have this law in place where we're not allowed to discriminate because of their source of income?
SENATOR ROBACH:I am not familiar with all local and municipal laws.
Again, what the goal is here is to get a three-way agreement to try and outlaw housing discrimination and again set up a process to look at that. I can only tell you that the bill with the language I think you're indicating you would probably favor was vetoed, I think not only once but perhaps twice, when we passed that bill here in this house in '09 and '10. I don't know if that's your question.
But I do think this is certainly a move absolutely in the right direction to do that. And if local municipalities had those laws, then there wouldn't even be any need for state, but I don't know those off the top of my head in all honesty, Senator Tkaczyk.
SENATOR TKACZYK:On the bill, please.
ACTING PRESIDENT VALESKY:Senator Tkaczyk on the bill.
SENATOR TKACZYK:We did pass in this house a law to prevent housing discrimination against women based on their source of income and it was vetoed, but it was vetoed by the former governor, not the current governor.
And there are towns and municipalities in New York State that do say that it's against the law to discriminate against women because of their source of income. It's New York City, Nassau County, the towns of Hamburg, West Seneca, and the City of Buffalo.
We're already doing it in parts of the state. I don't think we need a study. I think we need to put bills in place that will do it.
So I would like to congratulate the Governor for putting this issue forward. Clearly his initial 10-plank proposal was stronger than some of the ones we're passing today, and we're not passing all of them that he proposed.
I will vote aye on this, but I would encourage us to take a look at this issue, and rather than a study, move forward and put this in place. We've passed it before. We have a governor who's willing to sign it.
I vote aye. Thank you.
ACTING PRESIDENT VALESKY:Senator Tkaczyk in the affirmative.
Senator Squadron.
SENATOR SQUADRON:Thank you very much.
And I do thank the sponsor for putting this bill forward. Certainly something is better than nothing.
What's so disappointing is that this bill did pass with bipartisan support at a time when very little was happening in a bipartisan way in this house. It passed the Assembly and it was unfortunately and mistakenly, in my view, vetoed by Governor Paterson.
You know, when you look at the entire Women's Equality Agenda and Women's Equality Act and you look at all the pieces that have been discussed before, they really do all fit with each other. You're talking about taking pervasive inequity in society and trying to, in a comprehensive way, deal with it.
Certainly the fact that in this house choice is clearly not going to be part of what gets sent to the other house as part of that act is incredibly disappointing, to say the least.
And, you know, I have to say that we're at a study bill here rather than something that simply ends source-of-income discrimination is striking.
You know, when you look at the sources of income that this is most likely to protect against, women and especially single mothers tend to be -- are significantly more likely to be the recipients of the sort of income that leads to this kind of discrimination.
And in fact even in the former governor's terribly mistaken veto message, he acknowledges that folks receiving Section 8 and other forms of public assistance have terrible trouble finding homes. This means that we're driving folks, including many single parents, from homes or the possibility of homes into homelessness, into homeless shelters. Which is morally unacceptable and fiscally a huge burden.
You know, we have the highest homeless rates we've ever had in the City of New York. Housing folks in homeless shelters cost much multiples what it does to help folks subsidize their own housing. Dealing with source-of-income discrimination helps deal with that issue.
So this is a disappointing version of the bill. I do appreciate again the sponsor in the past has supported the version of the bill that I still carry, Senate 187, the version that the Governor talked about. I'm not questioning the sponsor, because I know he's convinced on that measure as well as this one.
But to my colleagues in this house and those in the other house, I would urge that we do full source-of-income discrimination this year, now. And to my colleagues in this house I would again urge that we do all 10 points of the Women's Equality Agenda, including the ones that codify choice protections in this state, because doing this piecemeal means we are leaving true equality on the table.
I will vote aye, though, Mr. President. Thank you.
ACTING PRESIDENT VALESKY:Thank you, Senator Squadron.
Senator Grisanti.
SENATOR GRISANTI:Yes, thank you, Mr. President.
I wasn't here in 2009-2010, but I would imagine that if a bill has been vetoed, and even though it was Governor Paterson, that apparently there was problems with it.
I want to thank Senator Robach and Senator Carlucci and all those who were involved. I too had housing discrimination bills. And I think what we did here is we took piece of legislation that actually worked and had the agreement on the Assembly side and then an agreement with the Governor that could be worked with to get things through.
I mean, the bottom line is this, ladies and gentlemen, that the individuals who have suffered domestic violence deserve this type of protection that we have in here right now. And they are actually victims, and for that they deserve our support and moving forward and passing this legislation.
As for the task force, I'm familiar with what they do in Buffalo and the other places in Erie County. However, they're not really keeping tabs on what they are doing with that task force, so there's nothing actually to gauge as to whether or not that's actually working.
So by having this task force, I'm hopeful that the findings will learn to strengthen the law to prevent the type of discrimination based on income. And you need that type of data in order to move forward statewide. You know, having some in a few areas in Western New York that don't actually keep track of the data is not going to help.
So hopefully this will work. I vote aye, Mr. President. Thank you very much.
ACTING PRESIDENT VALESKY:Thank you, Senator Grisanti.
Are there any other Senators who wish to be heard?
Senator Parker.
SENATOR PARKER:Thank you, Mr. President. On the bill.
ACTING PRESIDENT VALESKY:Senator Parker on the bill.
SENATOR PARKER:It would only be on the summer solstice that I would actually get up -- maybe this once, the longest day in the year, both in the Legislature and in the Western Hemisphere -- to praise a bill by Senator Robach. But I am.
(Laughter.)
SENATOR PARKER:And so, Senator Robach, I just really want to thank you for your leadership on this issue. This is actually a wonderful bill. I think it does a lot of great things. It's not a perfect bill, but outside of those carried by me, there's not a lot of perfect bills in this body.
But as Senator Grisanti indicated, what's happening right now in the State of New York as relates to domestic violence is a crime on top of a crime, that victims of domestic violence continue to be victimized by other circumstances. And I'm glad that we're taking a stand here today in this body to in fact improve that situation.
In New York City, access to quality affordable housing is rare and extremely important. But one of the things that has actually been happening is that in fact if you've been a victim of domestic violence and you try to go get housing in another place after fleeing your batterer, you oftentimes run into a stumbling block of people denying you housing because they're scared of the drama that may come along with you being a victim.
And so you've been victimized again, from not being able to find housing. And oftentimes when you find housing, it's not appropriate housing, it's very expensive. And people are stymied with the situation around housing.
And so this bill is important. I agree with this bill so much that I introduced S5432, the Domestic Violence Deescalation Act, to really deal with this situation that's been prevalent in our state. And I'm glad to see the language from my original bill present in this bill.
And I'm glad that we've been able to come together to vote on a number of the bills in the Women's Equality Act. However, we haven't voted on all the bills, Mr. President. And it's unfortunate that we were not able to deal with women's reproductive health rights today. I'm hoping that maybe that there will be a change in the body's mind before we leave here. We have plenty of sunlight, we still have probably about four or five hours of sunlight. We certainly have four or five hours worth of bills and debate to go through, and so maybe in that time we'll bring that to the floor.
But women's reproductive health rights are as important as anything else that we're dealing with, whether it's housing or discrimination, pay equity, so on and so forth. And so I urge the body to take it up before we leave today.
Thank you very much.
ACTING PRESIDENT VALESKY:Thank you, Senator Parker.
The debate is closed. The Secretary will ring the bells. Senators are asked to proceed to the chamber for a vote.
Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Skelos to explain his vote.
SENATOR SKELOS:Thank you, Mr. President.
I'd like to just comment briefly on the entire package that's been passed -- legislation prohibiting differential pay, discriminatory practices, discrimination in housing, concerning domestic violence, human trafficking. The nine pieces of legislation that we have passed today on a bipartisan basis truly are historic and something that all of us can be proud of.
I thank my partner Jeff Klein for all of his good work, all the sponsors of the legislation, and the entire Legislature, the entire Senate, for being supportive of these nine piece of legislation.
I would also ask the Speaker this evening, before they go home, that each and every one of those nine points be voted upon, because it would be unconscionable to go home without that support.
ACTING PRESIDENT VALESKY:Senator Skelos in the affirmative.
Senator Latimer to explain his vote.
SENATOR LATIMER:Thank you, Mr. President.
We have reached the end of a series of votes, and we properly praised the Senators who have sponsored these bills -- this particular bill: Senator Robach, Senator Grisanti, and Senator Carlucci.
I think we should stop, though, and make a very strong point of thanking Governor Cuomo, because it was in his State of the State message earlier this year where he laid out an agenda of women's equality. And it was not necessarily received by all corners of the state as an urgent thing to do something that was necessary.
But he was forceful in making sure that this agenda was part of our public dialog. That we've reached the end with certain elements of it succeeded, some not succeeded, some done at different levels than some of us would have liked. But the fact that we have come to the ed of the trail with positive result I think is a statement of success for the Legislature but I also think it's a statement on behalf of Governor Cuomo, and in this chamber we should state that very clearly.
ACTING PRESIDENT VALESKY:Senator Latimer in the affirmative.
Announce the results.
THE SECRETARY:Those absent from voting: Senators Diaz and Sampson.
Ayes, 60.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, at this time could we take up Calendar Number 1590, please.
ACTING PRESIDENT VALESKY:The Secretary will place Calendar Number 1590 before the Senate.
THE SECRETARY:Calendar Number 1590, substituted earlier by Member of the Assembly Pretlow, Assembly Print 8101, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
SENATOR GIANARIS:Explanation.
ACTING PRESIDENT VALESKY:Senator Bonacic, an explanation has been requested by Senator Gianaris.
SENATOR BONACIC:Thank you, Mr. President.
This is the Governor's program bill, which Assemblyman Pretlow carried in the Assembly, which has passed. And I've been asked to carry it in this house.
The legislation before you is enacting legislation. We already have passed a constitutional amendment to allow the people to decide in November of this year whether they want commercialized gaming in the State of New York. The other piece of legislation that you approved was some modern technical language changes to the bill-in-chief that we're discussing now.
What this legislation does, it sets up a structure for gaming in the State of New York which I'd like to take a little time to explain to you.
First of all, it sets up a gaming commission of seven members. Four have already been appointed. The Governor has five appointments. In this house we have one, Sheldon Silver has one in the other house. That gaming commission will have jurisdiction over gaming, over lottery, over racing, over charitable activity involved with gaming.
That gaming commission will appoint a five-member siting board. There are seven licenses that are authorized under this enacting legislation. Now, when the Governor first put this concept out, he said it's an upstate-jobs economic development program. And believe me, needs jobs.
What this will do, there's been authorization for four licenses upstate. When this was first proposed, upstate included the lands of the Senecas, the Oneidas and the Mohawks. Roughly, that's 60 percent of the geography in the State of New York. To the Governor's credit, he negotiated successful legal compacts with those three Native American tribes to give them exclusivity. Which means none of these seven potential licenses can go in 60 percent of the upstate territory. Assuming, of course, that the Native American compacts are in good standing as we go forward.
It's an open competitive process. In the 40 percent geography, any applicant has to compete for the best project. Every region -- and there's three in the 40 percent, and let me tell you quickly. It's around the Saratoga area, Albany, Washington, that area. It's the Tioga area. And it's the Catskill area of seven counties. That's really the three regions in Zone 2. No one region can get more than two casinos. The other -- of course there's one in the other regions.
I want you to picture something in your mind before I talk more about the details. Picture a resort destination -- I don't know how many of you have been in Vegas. I have, a few times. And I think of a resort -- and this is the Governor's vision as well as my own -- that has all the amenities of recreation: golf courses, tennis courts, entertainment, restaurants, spas.
And we're better than Atlantic City, we're better than Vegas. And I'm going to tell you why. We have four seasons upstate of family fun. When I was in Vegas, I saw a documentary. One out of eight people that go to Vegas gamble. Seven never gambled at a casino. They go for all the recreation amenities.
So if this referendum passes, you will have four of these resort destinations -- and I'm hoping two come into Catskills -- because already we've had three heavy hitters come in with proposals, spending millions and millions of dollars, in excess of $600 million per project, with a benchmark of a minimum of a thousand jobs. A minimum.
Now, these resort destinations are game changers. What do I mean by that? I mean they have a ripple effect on everything else that happens in that county, in that region, and the surrounding counties.
Okay? Sullivan County more than a 10 percent unemployment. Town of Wawarsing, southern Ulster County, 18 percent unemployment. You may not believe me, but when you go upstate, we're not in a recession we're close to a depression. This is about jobs, jobs, jobs for upstate.
Now, three of the licenses stay in the bank. We don't know where they're going. Okay? The siting commission will eventually decide where they will go. There will be a seven-year wait before any of those three are announced when they see how the landscape has developed in seven years. They want to give the upstate economy an opportunity to build these casinos without having them downstate, where they may eat the lunch of upstate. They want them to get started.
Now, in time the legislative body could make a statutory change and shorten that seven-year period. But under this legislation, it's a seven-year wait. When I say seven-year wait, when the first casino is built, it takes about 18 months to two years to do this. Then the clock ticks for the five years. So the two plus the five. Okay?
Now, what is critical that makes this work? Our racinos in the State of New York, and we have good ones. They've been tremendous partners with the State of New York in giving money to education. There's over $800 million that they have given this state to enrich our children and all our schools throughout the state for education.
We have to make sure that they're not cannibalized in any way. And that's why there is flexible rates built for the racinos. If a casino comes upstate somewhere in a distance of a racino, that racino will have the opportunity to lower their rate.
Now, let me tell you briefly, the racinos pay on average 68 percent of what comes into the state. The casinos are scheduled to pay roughly 40 percent. Now, we're looking for competition, a competitive, level playing field. Let's say a casino comes in -- and I'm making it up for purposes of illustration. Let's stay they come within 15 miles of this casino and we see that that casino is hurting a particular racino. We lower their rate so we ensure that they will continue to thrive.
The proceeds from any of the casinos, 80 percent of it spread statewide for education and property tax relief; 10 percent, hosts communities where the casinos are; the other 10 percent, the counties around that particular host community.
What's happening in the gaming business? New Yorkers are spending their money in Pennsylvania, they're going to Atlantic City, they're going to Jersey, they're going to Connecticut, they're going Canada. Money is being lost to these outside gaming interests in the neighboring states. We want to recapture that money and put it into our schools and property tax relief and increase our General Fund. That's the purpose of why we're doing this.
And I come back to this because when I look at the density of the State of New York -- and I don't want to minimize the voters upstate. The Island, New York City, that's where the heavy density is. And it's important if -- and I can tell you a little bit more. I'm only going to talk about the Catskills because that's what I know. We have a second-home market that comes from the Island, that comes from New York City. I've said this before, when young people upstate need jobs and want to find spouses, they go to New York City. And when they work there and they want a second home, they come back up into the country. And when they get older, that secondary home becomes a primary home.
There is an affection and a connection between the Island, the City, and upstate New York. The Catskills historically, in the old generations of maybe two generations ago, they were the hotspot. And if you go anywhere in the United States, you go down to Wall Street and you see successful people or any kind of jobs, you know what they're going to tell you? I worked as a waiter, I worked as a waitress, I remember the Concord, I remember Grossinger's.
We have the best golf courses in the world right up here upstate. But we need a stimulus. This is no taxpayer money here, this is private money making capital investments in the upstate economy. And everybody in the City or the Island, within two hours, two and a half hours can come upstate and have a vacation without getting on a plane and spending a lot of money and never going into a casino. And you can do that for four seasons upstate. That's what we have. That's the magic and the attraction of upstate. But we can't do it by ourselves.
And I remember when we had campaigns throughout the state, I can remember the city people running: We are one New York. We are one New York. We watch out for each other. Well, I tell you, this is an opportunity where we can show that we're one New York, because I need the elected officials in this body to help get the vote out to pass this referendum and create jobs upstate and bring education money and property tax relief to everybody in the State of New York.
I think that's pretty much -- I know I was doing a little marketing and at the same time trying to describe the details of the bill. But that is pretty much -- there are more specifics, but for the time being I think I covered the highlights.
ACTING PRESIDENT VALESKY:Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President. If I could ask the sponsor to yield for some questions.
ACTING PRESIDENT VALESKY:Senator Bonacic?
SENATOR BONACIC:Absolutely. Love to.
ACTING PRESIDENT VALESKY:Senator Bonacic will yield.
SENATOR KRUEGER:The explanation was satisfactory -- and some of my colleagues thought satisfactory quite a while ago -- but still there are questions left to go.
So you -- towards the end you were talking about how there's something in it for everyone, and you were describing the formula for the 80 percent and the 10 percents. But as I understand it, there are several counties that don't get anything. Putnam, Rockland, and Westchester Counties, with some of the highest property taxes in the state and the country, don't get any property tax relief from this proposal. Could you clarify that?
SENATOR BONACIC:That is incorrect. Eighty percent of the revenues from casinos are going to everybody in the State of New York, both for education and property tax reduction, 80 percent.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR BONACIC:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR KRUEGER:Thank you.
A little confusion to me, I guess, also because the money is not actually earmarked for the education. The bill says education or property tax relief shall be used, but then -- sorry, I just want to get this right. One second. I'll reference the two different sections.
In the intent section of the bill on page 2, it actually -- the money shall be used for education and property tax relief. But then in the actual substance of the bill, on page 67, line 26 --
SENATOR BONACIC:Oh, I know that.
SENATOR KRUEGER:Okay, page 67, line 26, it says 80 percent of the monies in such fund shall be appropriated or transferred only for elementary and secondary education or real property tax relief.
So what does that "or" mean on page 67, line 26?
SENATOR BONACIC:Okay. It's the intent of the legislation that 80 percent of the revenues generated from casinos will be distributed throughout the State of New York during the budget process.
We don't say what each county is going to get, but there is a commitment by the Governor, in this legislation, any enhanced revenues for casino are going to be made available to the education -- to the schools throughout the State of New York as negotiated in the budget.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR BONACIC:Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR KRUEGER:Is there an estimate of what that revenue will be from the four casinos anticipated to be starting sooner than later, as opposed to the three that might happen after seven years?
SENATOR BONACIC:It's impossible to answer that question because we don't know what the application will be, who the applicant will be. I'm familiar with four interests in the Catskills, but Governor Cuomo has said we're going to take the best project.
I don't know, if an MGM comes in upstate and knocks the socks off, pays a big application fee, a big license fee and, you know, has a big resort project, of which will be picked by the site selection committee. So that's an unknown that has to play out. And depending upon the size of the resort, the amount of machines that they're going to put in there and the amount of the application and license fee, we can't estimate at this point how much money the casinos will bring in.
SENATOR KRUEGER:Thank you, Mr. President. If through you the sponsor will continue to yield.
SENATOR BONACIC:Yes. Yes.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR KRUEGER:Where is the language in this bill -- sorry, I need to put it into context. Some people in the state have been cynical about the current arrangement we have where all lottery money goes for education, and yet I get the question all the time: So isn't lottery money just displacing other general revenue fund money that would be committed to education?
So where in this bill is the language that assures maintenance of effort, a state's obligation to education before you get to new monies that are the 80 percent of the revenues from this proposal?
SENATOR BONACIC:Just give us a moment and we'll look for that.
Let me just share with you, when you talk about, you know, the money for lottery is supposed to go for education. This comes up all the time in our district too, this question. But I think this proposal started in the early 80's. And the bottom line is the money generated from lottery grows at a much slower pace than the increases in our education budget. There's no way that gaming from the lottery could ever keep up with the education budget.
So therefore, the percentage of lottery compared to the education budget gets smaller and smaller because we as a legislature are always pumping a lot of money into education. And every year we give out a book and we show that constituent where the lottery money went from education. And it still does. But it's becoming smaller and smaller because the education budget is getting bigger and bigger each year.
SENATOR KRUEGER:Should I continue with a new question while we're still waiting for the answer to the last question?
SENATOR BONACIC:If you want to continue the questions, it's okay with me, and we'll come back to the answer to that other question.
SENATOR KRUEGER:If that's okay with you, Mr. President.
ACTING PRESIDENT VALESKY:Proceed.
SENATOR KRUEGER:Thank you. We'll just put a footnote on that question we're still waiting for an answer to.
So this bill changed quite a bit over the last few weeks, so I am trying to understand where we were and where we got to.
SENATOR BONACIC:Can I just interrupt you for a moment?
SENATOR KRUEGER:Yes, you may.
SENATOR BONACIC:Page 68, Section C, lines 3 through 11. Do you want me to read it to you? Or you can just check it yourself.
SENATOR KRUEGER:If I can just have a moment to read the paragraph. Thank you.
SENATOR BONACIC:Take a moment.
SENATOR KRUEGER:Through you, Mr. President, could the sponsor translate for me? It's a little complicated.
SENATOR BONACIC:Say it again, Senator Krueger?
SENATOR KRUEGER:Could you translate and explain that paragraph to me? I actually am having a little trouble understanding it.
SENATOR BONACIC:I'll have my staffer explain it to me, and then I'll explain it to you.
Basically this language says that any monies from the casino cannot be used like the lottery was, to -- you can't diminish the General Fund because of casino. It must be added on top of the General Fund. Okay? That's the intent. In other words, the money is a lockbox to go for increase in education, and you can't put it in the General Fund and say, you know, get it lost in there and not give increased money to the schools. That's what that means.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR BONACIC:Yes, I do.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR KRUEGER:Thank you.
Is there an adjustment formula into the future? Because we know our costs of education go up. So one of the things that I believe the sponsor already referenced in an earlier answer, if the estate had $10 billion per year for education funding in Year X and the lottery was providing $1 billion, but then five years later it had $12 billion but the lottery was only providing $1 billion, it's a different story.
So over time is there an adjustment that the state General Fund would actually have to have a continuing growth factor in its commitment to hold maintenance of effort rather than substituting gambling revenue for general state commitment?
SENATOR BONACIC:I think the formulas are in the Education Law.
And I can only say to you that the design and the way this is intended to work -- and we put language in there -- is that there is a promise by the Governor and by the wording in this legislation, all casino money growth will go to enhanced funding. So that's the best I can tell you at this time.
SENATOR KRUEGER:Through you, Mr. President, I want to thank the sponsor for his answers. I have many questions that go in different directions. So let's jump to my next concern.
My understanding is the MWBE provisions that were in the original bill were removed and that rather than specific performance goals, there's simply a reference to existing law which is argued to be much weaker than the arrangement that was created around the Aqueduct deal. Can I get an answer from the sponsor about why this happened and what this means for MWBE?
SENATOR BONACIC:Is that a question?
SENATOR KRUEGER:Yes, sir.
SENATOR BONACIC:Oh, I'm sorry.
SENATOR KRUEGER:Would the sponsor like me to repeat the question?
SENATOR BONACIC:Well, I'm told that all of the existing regulations and the formulas are going to remain in place.
What I think you're getting at is -- I'm trying to cut to the chase here -- you're trying to make sure that, I assume, that increased monies for casino go for the growth in education and they don't get lost or watered down in some other way that becomes part of the general funding and never realize the growth in those revenues year after year. Is that where you're going with this?
SENATOR KRUEGER:Through you, Mr. President, that was where I was going but I had shifted to a new question and a new topic.
But if you don't mind my asking it again, through you, Mr. President.
SENATOR BONACIC:Would you please? Would you please repeat it?
SENATOR KRUEGER:Thank you. I had shifted to the MWBE provisions. And in the original bill there was actually metrics of 10 percent, 15 percent, 20 percent performance goal targets, as there were in the original arrangement around the Aqueduct racino deal.
And yet those seemed to disappear in this final bill, which I think concerns many of us that they are much weaker provisions than we thought there would be for addressing minority and women-based -- excuse me, MWBE economic opportunities for jobs.
SENATOR BONACIC:This is the bill that the Governor sent us with respect to, you know, women and minorities. But we don't -- it is a weighted factor in the application. When anyone comes in for an application, there is a grading system of which I can share with you, and that's part of it. Okay?
SENATOR KRUEGER:I actually have that section. But my concern is in a previous version of the bill in draft, it actually had some much more specific provisions with actual target goals, percentage-wise, of the total number of jobs being contracted for during the various processes.
So in Aqueduct we actually had a formula with very specific targets that was in an earlier draft of this legislation but was taken out in the final version before us tonight.
SENATOR BONACIC:Right. Senator Krueger, just for information purposes, when we introduced my bill on this subject, I had 38 drafts before it came in. The Governor had, I think, close to 15 drafts before his bill was introduced. So when you refer to something that he had in there before, you know, it has no meaning other than what's in there now.
And I'm told that the MWBEs, it's a weighted factor. It will be part of the application that will be given consideration of whether that applicant gets the license or not.
SENATOR KRUEGER:Through you, Mr. President. Oh, you've changed since I looked last. Hello, Mr. President, new Mr. President.
(Laughter.)
SENATOR KRUEGER:Through you, Mr. President, a statement, then a question.
The version I was referencing was the Governor's program bill on his website. And in fact, yes, you are supposed to submit some information with the application. But in this version, the one before us tonight on the floor, there are no obligations for follow-through with specific metrics, specific percentages.
So my question again -- maybe I'll rephrase the question. Do you share my concern that a much better provision that was in the Governor's program bill vis-a-vis MWBE obligations was removed to get us to this bill before us tonight?
SENATOR BONACIC:You have to understand that the legislation that we're concerned about is jobs, jobs, jobs. We're talking of private money. And as a result of private money -- the things you're talking about is where state money is involved. And this is the Governor's bill talking about this issue.
So I'm only saying if there were state money involved, it is a weighted factor. But it's not -- and all existing regulations, by the way, as it pertains to MWBE, are still in effect. Nothing has changed.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR BONACIC:Yes, I will.
SENATOR KRUEGER:I appreciate his pointing out that the issue is jobs, jobs, jobs. And obviously in his explanation before, he was discussing that.
So it raises a new concern. National data and research done on other types of casino and destination target areas for casinos actually shows that -- a comprehensive review of the research on the economic impact of casino development released in 2010, authored by a fellow at the Philadelphia Federal Reserve Bank, puts it this way: The positive economic impact of casino development is offset to varying degrees by the extent to which other local economic activity is negatively affected by the casinos, as when the presence of a casino results in a loss of business to the local economy.
And further research shows that casino construction and operation can but does not necessarily mean job creation and growth. The Illinois study indicated that for every job created, local businesses lost one or more jobs.
So if the sponsor could go into details about the evidence that this proposal will actually create jobs when the national research apparently is it doesn't.
SENATOR BONACIC:I will tell you that there have been these surveys talking about the impact of casinos in different locations that are quite the opposite than what you say.
You can hire anyone to do a survey to come up with positive fiscal impacts to achieve the goal that you want to achieve. And I can tell you in the Catskills, which has been a traditional resort area, jobs will be created.
So number one, when you have private money and the ability to get financing and they say they're going to invest over $600 million in a project, I don't think they're looking at your survey. I think they have other surveys in mind, surveys that say they're willing to put their money where their mouth is, make investments, create jobs. They think it's a positive for them.
And in a region like Tioga, parts of Washington County, which is over 10 percent unemployment, southern Ulster, which is 18 percent, they're going to create jobs. They're going to create construction jobs and they're going to create permanent jobs. And by the way, all the jobs in these casinos are union jobs.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR BONACIC:Yes, I will.
ACTING PRESIDENT CARLUCCI:Senator Bonacic yields.
SENATOR KRUEGER:I think perhaps the sponsor misunderstood the research. But just to repeat, I am sure the casinos will make money. I think that's what they're in the business to do. And so they will create jobs at their locations and for the building of their locations.
I think what I was pointing out from the national research is that there's a difference between economic development that creates new economic activity and income and total employment, versus a substitution effect where certain pieces of the local economy are negatively affected and therefore there are winners and losers.
So for example, national research showing that unless -- excuse me, just getting to my next citation -- that unless the casinos are actually -- the casino clients are at least 50 percent from out of your state, it doesn't actually generate any new economic activity.
So perhaps I'll shift to we don't know how much revenue to expect because we don't even know what's going to be proposed, just four sites. We seem to have a potential disagreement about the economic winners and losers. Do we have any estimates on what percentage of the visitors to these casinos are expected to be from within the community or from outside of the state?
SENATOR BONACIC:We do not. It depends on the casinos that are built. It depends on the grandeur of the resort and the reputation. But, you know, people come to New York City as a tourist destination for all that the city has to offer.
But I would think that we would draw from the Island, the City, and northern New Jersey. That's where I would think where families would come up for a resort experience.
Now, there is a ripple effect. It's not only the jobs at the casinos, there will be housing created. In fact, the project proposed at Liberty is Muss Development, which you may know of in New York City, that's built many commercial buildings -- successfully, I may add -- in New York City. They want to also build, as an accompaniment to this Foxwoods Resort, if they get it, massive new housing. And other businesses, as I said, will feed off it and come. So it's a wealth creator for activity.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
SENATOR BONACIC:I do.
ACTING PRESIDENT CARLUCCI:The Senator yields.
SENATOR KRUEGER:I hope so. But the data shows that Las Vegas was the only center of gambling that has actually met the test of having more than 50 percent of the gamblers come from out of state, which is apparently the test of the winners and losers for the local economy. And Las Vegas is actually losing the number of people going there for gambling. And Atlantic City is in a much worse situation.
So my question is if casinos as a model shift economic activity to the casinos away from communities, are not necessarily, on net, job creators or economic development triggers, but you do seem to have to fall into a certain category of being amazingly large and drawing a huge nexus of people from out of your state and certainly from out of your community area, what are we going to do in New York City to make sure we simply don't make the mistakes that any number of other states have made where their casinos actually never got off the ground or they lost money or they closed?
At a time when Atlantic City is facing bankruptcies in a number of their casinos and again, according to national research, Las Vegas is the only destination resort that seems to meet the test of creating new economic activity and jobs because more than 50 percent of the people gambling there are actually coming from out of the state, how are we going to do it all right and avoid all the pitfalls?
SENATOR BONACIC:Let's try to refocus this.
(Pause.)
SENATOR BONACIC:No, I didn't want to interrupt your conversation.
SENATOR KRUEGER:Yes, thank you.
SENATOR BONACIC:In December of 2007, the recession in the United States began. It has continued, for the most part, from December of 2007 till certainly I would say today, although there's a slight heartbeat, economic heartbeat that's a little better. There's been a tremendous loss of jobs under the present administration. We haven't gotten out of the recession. And as a result, in tough times, there's not as much disposable income to engage in recreation or gaming.
So when you're citing something for 2010 or whatever, that's a symptom of the times. I'm sure when things were booming, with the big bubble, there were jobs created and they were all making money. So this is a cyclic thing of economic periods.
But as far as we're concerned, if what you're saying is so obvious and is so dire, why do we have people wanting to come to the State of New York to spend close to -- a minimum of $600 million on a project of private money, not state money, government money, to go build things and take a risk at the entertainment business, the casino business, and the resort business?
And they're much more sophisticated than you or me. But this is their private money that they're willing to invest. So I think they know more than what you and I know as to what these projects bring.
Now, the fact that they may make money, I hope they make a lot of money. Because if they do, we're going to have more money for education and property tax reduction. And profit is not a dirty word. And we know jobs are going to be created, and we know we're going to have a ripple effect for housing and many other businesses. And the tourism growth, don't forget the tourism growth.
SENATOR KRUEGER:Through you, Mr. President. For the record, I think the two of us are damn sophisticated, so I take a point of personal privilege on that.
But my point was yes, casinos make money for the people who own the casinos. The greater concern is the economic impact overall on winners and losers because --
ACTING PRESIDENT CARLUCCI:Are you on the bill, Senator?
SENATOR KRUEGER:I am on the bill, and then I'll get back to questioning. Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Krueger.
SENATOR KRUEGER:-- the concern of who makes the money and who loses the money and what is the impact on the communities that they are in and the state and problem gambling.
And this brings me to if the sponsor would continue to yield, please.
ACTING PRESIDENT CARLUCCI:Senator Bonacic, do you yield?
SENATOR BONACIC:Of course. I thought she was on the bill.
ACTING PRESIDENT CARLUCCI:The Senator yields.
SENATOR KRUEGER:Thank you.
Another major concern that I have, and it does appear to be fairly weak language in the bill, is the right of a community to say "Yes, we'd love one, we think it's a fabulous idea and everybody is going to make money and get rich," or "No, we think it's actually a pretty bad idea and we've actually looked at the national research and we actually think we will be losers, not winners."
So could the sponsor please explain to me how a local town or county can actually say "No, thank you"?
SENATOR BONACIC:I know in my local areas there is public support for the casinos.
I will tell you that in the three regions -- I'll just speak for the Catskills, specifically Sullivan and Wawarsing, we've had the counties, we've had the town of Thompson, we've had the state crying for these resorts to come into their area. Up in the Tioga area that has high unemployment, there is strong public support. They're crying for a resort to go there. And I do believe we have letters of support up in the Saratoga area and Washington area.
You have to understand, all these areas are bleeding, they're hemorrhaging. They're, I say, on the verge of depression. So they're desperate for activity, and they have open arms for these investments.
SENATOR KRUEGER:Through you, Mr. President. And if that is true, I would assume those communities would happily vote yes on a home rule or a local referendum. And in the original Governor's program bill, that was exactly the language there, calling for a home rule vote or referendum where in fact the communities you just named could overwhelmingly say "We want it, thank you."
But that disappeared from this bill. That language is not there. And it is almost impossible for a community to actually say no under the language that is written here.
SENATOR BONACIC:Not necessarily true. Because zoning controls what goes in a particular town or county. So they have their zoning laws to stop anything, that they could prohibit activities in certain areas if they were so inclined.
SENATOR KRUEGER:Through you, Mr. President, that shifts me to the next topic.
ACTING PRESIDENT CARLUCCI:Does the Senator yield?
SENATOR BONACIC:Of course.
ACTING PRESIDENT CARLUCCI:The Senator yields.
SENATOR KRUEGER:Thank you.
So according to research, gambling has more of a history of corruption than any other industry, with large amounts of money passed to local elected officials, town boards, to ensure the answers are the way they wish.
In the original version -- excuse me, the Governor's program bill, campaign contributions from gambling concerns were banned. Now there is only language saying political contributions from the casino industry will be minimized to reduce the potential of political corruption. But the only actual bill language dealing with such contributions is a requirement that contributions be reported as part of the application process.
I know when I was lobbied by some of the gambling concerns, I begged them to support public financing of campaigns to make sure that if the state went down the road of casino gambling, we weren't going to walk ourselves into the political corruption stories from around the states and internationally, and I won't read the pages of citations.
So that was actually a very important part of the bill to me, and that's gone. Why?
SENATOR BONACIC:That was taken out in the chapter amendment that was approved by another bill before.
When you start trying to limit political contributions, you run into constitutional problems.
So, you know, when you talk of corruption, you know, that depends on the integrity of people you're dealing with. So there are positives and negatives whenever you talk about gaming. You talk about, you know, whether there's addictions, whether there's excess traffic, whether there's a burden on roads. But we try to provide to offset the negatives with host fees and other economic relief. You do this balancing of scale test, and you weigh the positives with the negatives.
And that's the purpose of the referendum. Let the people decide what they think is more positives or negatives. That's an argument for when it goes to the people.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT CARLUCCI:Senator Krueger on the bill.
SENATOR KRUEGER:You know, I have endless questions, as I think you can see, but I just want to highlight some of my major concerns.
Because I've always said I'm agnostic on gambling, and I was agnostic about the idea of opening the door to casino gambling. And I admit that when you talk about opening the door to gambling in New York State, you sort of want to chuckle and go, well, that horse has left that barn. Because obviously we have gambling and we have things called racinos which I think sort of just smell, look, taste and touch like casinos, except there aren't the dealers -- that's what they're called, right? -- the dealers at the tables. But there are machines that play the same games.
So, you know, I recognize that we're deciding to expand something that already exists in New York State, not create a whole new world. And yet the way this final bill came out, I am so concerned that some critical pieces that I thought needed to be in this bill -- and even once were -- have disappeared, that I sincerely don't believe I can vote for this bill.
Again, as we talked before, there's property tax unfairness issues for counties who will be losers versus winners. The MWBE provisions have been weakened. The local option to say "yes, thank you," "no, thank you" -- even if everybody wants to say yes, as the Senator suggested, let them actually have a chance to say yes or no.
These license fees that were required have disappeared. It was $50 million minimum in the Governor's bill. The Resorts World license fee for Queens Racino was $250 million just for that one location. And in this version of the bill, first you apply, then you might get chosen, and then you'll negotiate your licensing fees? So we don't even know what kind of licensing fees we're going to get. We don't know what the revenue is going to be. We hope that the money will be correctly earmarked.
We aren't doing anything about the enormous potential for corruption from gaming interests. This is a critical issue in this state right now. We should actually be here on this floor debating anticorruption legislation. We should be passing campaign finance reform. Again, if we had campaign finance reform with matching small-donor funds that specifically outlawed corporate contributions, I could be so much more comfortable with this bill, even if I have other problems with it.
But we are setting ourselves up, I believe, for a left hook and a right hook, à la the experience of other places throughout the country. We are not asking the right questions about new revenue versus replacement revenue. I worry about problem gambling. I particularly worry about problem gambling in low-income communities because we target and market the poor to become the gamblers.
I am personally outraged that we created and have a lottery that we, the State of New York, spend your taxpayer dollars to lie to people in advertisements to get them to play the lottery. The dollar and a dream. Your chances of winning the lottery apparently are worse than getting hit by lightning on a golf course during a thunderstorm, and yet we put out TV commercials promising people they'll get rich.
So in fact, for me, if casinos would have meant putting out of business lottery, I could have been --
ACTING PRESIDENT CARLUCCI:Excuse me, Senator Krueger.
Could we just have some order in the chamber. The Senator needs to be heard, and we'll respect that.
Thank you, Senator Krueger.
SENATOR KRUEGER:Thank you. Thank you, Mr. President.
I could have been more excited if it was actually outlawing lottery, because I'm so disturbed about the expansion of that and how the lottery targets the people least able to meet their household needs and rather going into bankruptcy on an enormously high level.
And in fact that's another concern, that this bill will bring casinos, which we know will bring increased gambling addiction. And even there I would say if we provided adequate resources, we might at least be able to help some people. Because I do understand we already have problem gamblers. And we already have a problem because we have so many ways to gamble in the state. But this will be exacerbating the problem without, I don't believe, proper targeting.
In truth, the part of casino gambling and revenue for schools and property tax relief that can win me over is New Yorkers shouldn't go and spend their money and lose it somewhere else, I guess when they could keep it at home.
But I'm much more interested in the idea of trying to make sure we're doing casino gambling in a way that we're bringing in money from outside New York, I'll be very crass about this, because we're supposed to be excited by gambling because the state will make money for education and property tax relief.
There are apparently airplanes that fly into JFK and LaGuardia in Queens County every day of the week where people get off the airplanes, go directly onto buses to Connecticut, and gamble there and stay at the hotels there and spend money at the restaurants there.
So I'm much more interested in talking about a model where we capture the tourist dollars that aren't New Yorkers'. But I don't believe this is going to get us there. I even joked earlier with my staff I probably could live with casinos that are located directly on the land at the airport and you have to show a plane ticket to get into the casino, because then we know you're bringing new money into our economy.
I heard recently several times concern about Stewart Airport having only one airline flying into it. Maybe Stewart Airport should be the location of the casino with planes coming directly in, people getting off, staying at a hotel and going and gambling right there and then flying away again.
Maybe that is a fantasy model of casino gambling, although again it's much more the Las Vegas story. Blooming in the desert; maybe blooming at Stewart Airport.
But there are so many concerns for me in this final bill that we're being given tonight. We actually had some of it right in the earlier version, in the Governor's original program bill up originally on his website, but too many of the good things have left. Too many more disturbing things have entered.
Yes, it's a gamble. But I don't think it's the right gamble for me. I'll be voting no, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Krueger.
Senator Marchione on the bill.
SENATOR MARCHIONE:I rise to thank the leadership, the Governor and Senator Bonacic for all the work that they've put into this bill, and to assure anyone who's concerned that in Saratoga County not only does county government say yes, city government has said yes, Republicans said yes, Democrats said yes. Everybody is joining forces with the Chamber of Commerce and anyone else you can think of to say Saratoga wants the casino.
So I just again want to thank you again, Senator Bonacic, for all the work that you've put into this.
Thank you. I'll be voting aye.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Marchione.
Are there any other Senators wishing to be heard?
Senator Parker.
SENATOR PARKER:Thank you, Mr. President. On the bill.
First let me just thank Senator Bonacic for all the hard work he's done on this. He actually gave a very impressive presentation describing it. It made me want to come down and go hang out with him at this casino.
I'm actually somebody who enjoys -- I go to Las Vegas as well. But what happens there stays there, so I'm not going to describe anything more. And I think that it has been an important model.
And as much as I get where I think the Governor wants to go, and I certainly understand Senator Bonacic and his desire to create a sustainable economic development model for his region and different regions around the state that would benefit from this work, I think this is the wrong choice for New York.
"A tax on ignorance. I find it socially revolting when a government preys on the weakness of its citizenry" rather than serving them. These aren't my words, these are the words of Warren Buffett. And that's what I think that we're doing here.
The people of the State of New York are being sold a bill of goods around gambling. During this period of high unemployment, we are promised that gamble is a panacea to our problems. People's economic fears and anxiety are being preyed when little other economic opportunity is being offered. We're being told that casinos will create new jobs in construction, hospitality, in gaming. However, just many of our parents warned us as children, there's no substitute for hard work.
I think that Liz Krueger has gone, Senator Krueger has gone through a number of questions that I think get to the heart of this, which is that even though it was an economic model that worked at one place and at one time, it does work everywhere. Part of the magic of Vegas is that there are no other casinos outside of Nevada. So you look around the area in Nevada, you know, in the states around Nevada, there are no other casinos.
That's a different dynamic than what we're creating here in New York. There are casinos in Connecticut, in Jersey, in Delaware, in Maryland. There's a lot of competition. People are going to go to the closest one. So we build the industry there, the exact point that Senator Krueger is making is absolutely right: we're simply preying on our own people.
And unfortunately, the vast majority of the people we're going to be preying on are people who can least afford to be gambling. Rich people don't gamble. Rich people have enough money. A game of chance, you know, they go and they play games. But the people who really make up the vast majority of those who are going to be gambling in these facilities, just like the racinos that exist at this very moment in Saratoga and in Queens and other places across our state, the people who are going to them are poor people and working-class people, people who are looking for opportunities, you know, to master the problems at another economic level.
The reality is that gambling hurts our community and our state. The bipartisan National Gambling Impact Study Commission's final report concluded that gambling in economically depressed areas lures individuals with very limited resources. This is the wrong choice for New York.
Gambling leads to increased taxes, a loss of jobs from the overall region, economic disruption of other businesses, and increases crime. Gambling creates large social welfare costs for society in general and also for government agencies. In fact, Baylor University economist Earl Grinols found that casino gambling generates $166 in social costs for every $54 in economic benefit.
The State of Florida and others who have studied the costs of gambling concur that for every dollar that legalized gambling interests indicate is being contributed in taxes, it usually costs the taxpayer at least $3. So, while these costs will probably be absorbed by taxpayers, businesses, charities, and social welfare organizations will also be adversely impacted.
In fact, the according to the Washington Post, some states like Delaware are now being forced to bail out their casinos. It's reported that New Jersey will also be doing the same very, very shortly.
To add insult to injury, while casinos deplete our cash-strapped communities, major casino developers and operators like Sheldon Adelson will receive hundreds of millions of dollars in state subsidies. So we're going to give state subsidies, we're going to help people get their businesses off the ground, they're going to rape our communities, particularly the poorest of those in our community, adding to them a regressive tax. And then they're going to take that money -- because those people don't live in the State of New York -- and they're going to take it overseas or across the country to some other place. This is the wrong choice for New York State.
The Governor would rather provide corporate welfare to multi-billion-dollar foreign corporations than invest it in education and sustainable opportunities here at home, where we have crumbling public institutions like SUNY Downstate right outside of my district, with 8,000 jobs at risk and countless more in neighborhoods surrounding the hospital are hanging in the balance. I can't get money for SUNY Downstate, but we have money for casinos.
Meanwhile, we are jeopardizing the future of Downstate, which contributes $1.3 billion to the state's economy and returns $12 to the local economy for every dollar spent. So for every dollar spent at Downstate Medical Center in Brooklyn, we produce $12 for the local economy.
Mr. Governor, let's invest in Brooklyn. Let's invest in SUNY Downstate, not in casinos. This is the wrong choice for New York State.
For over a year I have begged the Governor and his office to work with us to reach a meaningful solution. The pleas from my colleagues in the Senate and the Assembly and the New York City Council have been ignored. And so we can't even get a conversation about investing in Downstate, and we want to close Downstate and make it smaller, but we're going to invest in casinos.
We're closing an important hospital like Long Island College Hospital in Brooklyn, where about 4,000 employees are just being summarily dismissed from Long Island College Hospital. We don't have the money to save a hospital and to shore up a health infrastructure in the largest county in the state, but we have money for casinos.
Instead of saving thousands of jobs and supporting a hospital and medical school that train some of the best doctors and nurses and other health professionals in the county, the majority of whom stay in New York, pay taxes in New York, grow families in New York, the Governor would rather expand casinos --
ACTING PRESIDENT CARLUCCI:Senator Libous, why do you rise?
SENATOR LIBOUS:Mr. President, in all due respect to my colleague here, I'm a little confused, is he talking about casinos, or is he talking about hospitals and SUNY? I just want to make sure that he stays on the subject of the legislation.
SENATOR PARKER:Mr. President.
ACTING PRESIDENT CARLUCCI:Senator Parker, are you on the bill?
SENATOR PARKER:On the bill. And I'm trying to create a juxtaposition between policies that the Governor is making on the one hand, he's saying yes to racinos, but he's saying no to hospitals.
SENATOR LIBOUS:Thank you, Senator Parker.
ACTING PRESIDENT CARLUCCI:Senator Parker on the bill.
SENATOR PARKER:On the bill.
I'm voting no on this bill, unfortunately. I would like to see us do something better. I don't think that casinos are the answer to the economic problems that we're seeing around the state. I think that there's a lot of better things that we could be doing. I think investments in the state universities I think is important.
You know, I'm not sure that a tax-free system is the thing, but we certainly need to be looking at how we invest around the state. We certainly have an agricultural infrastructure that we certainly could be bolstering and figuring out how to put those resources and those products that are made upstate into the biggest market in the country, which is New York City. And that's a way that we could in fact boost our economy around the state. I would love to have a real conversation about how we do that.
But I know that supporting gambling at this time with this particular proposal is not the way to go. And I'm committed to a One New York where everybody has an opportunity to develop a sustainable economy.
Thank you, Mr. President. I vote no.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Parker.
Senator Hoylman on the bill.
SENATOR HOYLMAN:Thank you, Mr. President.
There's a saying that goes that gambling is the surest way of getting nothing for something. And I would equate this proposal with that, because I think we are not looking closely enough at the societal costs to expanding the gambling franchise throughout the state.
You know, there are a number of studies, and my colleagues have mentioned a few. But as a general rule it's seen that the social costs of gambling have exceeded social benefits by a factor of three to one. And each pathological gambler is associated with annual social costs on the order of $13,000.
A study in Iowa before they introduced casinos found that 1.7 percent of the population suffered from problem gambling. The comparable numbers from Nevada measured in 2000-2001 are 6.4 percent, and 3.5 percent of those folks are pathological.
Now, I know this chamber has talked about even introducing problem gambling into our public school regimen, and I find that very distressing that we're even considering our young people in terms of this industry.
The real industry, Mr. President, that I think we need to look at, the industry that is going to create 21st-century jobs -- they aren't going to be at the blackjack tables or the craps or playing roulette, they are going to be in bioscience and green tech and information technology. Those are the jobs that we need to develop in New York State. Those are the jobs that come through improving our infrastructure, investing in our public education system, and improving our transportation network.
And this is, I think, incredibly misplaced, Mr. President, to think that we're going to get the bang for the buck out of this plan. I think the Governor is right to think in terms of his START-UP New York plan. Although I have reservations about it, I think it at least has the foresight in developing new industries. But we've seen across the country, we've seen in different parts of the world that communities that have casinos suffer. The jobs are illusory, they're short-term, they're low-paying, and benefits do not accrue to the local neighborhoods.
So I'll be opposing this bill, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Hoylman.
Senator Bonacic to close the debate.
SENATOR BONACIC:Let me start off by first of all thanking you for sharing your concerns, my colleagues.
Under this legislation there's $500 per slot machine per year to go for addictions that may come from gaming. So there will be a fund to address any of those addictions.
I want to tell you a little story. About six years ago in Sullivan County, about $90 million was spent, the state put $15 million in. And there was a gentleman by the name of Allan Gerry, he built a performing arts center. And he brought entertainment in from all over the United States, and the capacity is about 17,000. Okay? That performing arts center is now ranked 15th in the world as the best performing arts center.
People come to the Catskills. They come upstate. They drive from Jersey. They drive from Pennsylvania. They come up from the south. They come from Connecticut. They go to the Adirondacks. They go to the wineries. And they come from all over in the winter to ski. We have three ski resorts.
What I'm saying is people come from other states in tourism to visit New York. Lake Placid. I could go on and on. Cooperstown. So we do have attractions that come from other states. It's not so much about gaming, the concentration. It's about building recreation resorts.
I tried to tell you that Vegas story that seven out of eight that go to Vegas don't gamble. They enhance their recreation and their quality of life by making choices, a variety. You get entertainment in to seek different types of music, different kinds of forum. And that's in close proximity to 10 million people in the metropolitan area. And another point. When I spoke to Foxwoods, I said, How much comes from gaming? They said maybe 85 percent. I said that's high. You talk to MGM, 50 percent of their revenues don't come from gaming. They come from all the ancillary things -- the vendors with the restaurants, the shops, the entertainment, the golf, the sports, the shows. That's a quality of life that give people choices. And it's about jobs, jobs, jobs.
So I'm going to ask my colleagues to support this. Let the people decide. Let them decide about taking their money out of New York, going to Pennsylvania, Massachusetts, New Jersey or Connecticut. It's going out of the state for them to gamble. And most of those places around New York are strictly gambling venues. They're not entertainment resort venues.
And the game plan of the Governor that were envisioned for New York is resort destinations where families can enjoy themselves. Because we have the whole package. You can't go to Vegas in the summer and not stay in an air-conditioned place or a pool. It's 115 degrees. You can't go to Atlantic City in the winter and go outside. And if you walk off that boardwalk, you'd be mugged.
So we have the whole package in New York when I talk of hiking, fishing, biking, skiing, family entertainment. That's the game plan.
So I ask you -- I know there's been a lot of rhetoric about the gaming, but there's much more to this plan which the Governor envisioned which I support. And I say, let the people decide. Sullivan County has been waiting for 40 years to let the people decide. It would be an historic event. I trust the wisdom of the people.
Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Bonacic.
The debate is closed. The Secretary will ring the bell.
The Secretary will read the last section.
THE SECRETARY:Section 52. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Maziarz to explain his vote.
SENATOR MAZIARZ:Thank you very much, Mr. President.
Just very briefly, I want to first of all say that I very much appreciated Senator Bonacic's explanation of the bill, all 45 minutes of his explanation.
(Laughter.)
SENATOR MAZIARZ:I do want to say, though, that this was a Governor's program bill. But Senator Bonacic and his staff worked very hard with the Governor's office to come to the conclusion where we're at today.
And I represent the City of Niagara Falls, where there's a casino today, and I represent some of the area along with Senator Young and the other representatives of Western New York, involving the Seneca Nation. And, Senator Bonacic, I want to express our public appreciation to you for keeping the best interests of Western New York in mind at all times.
I do want to mention something that I don't think was mentioned here during the debate today, and that is the three Native American nations that also contributed to the good spot where we are in today, the potential of a great deal of revenue. Chief Ron LaFrance and Chief Paul Thompson of the St. Regis Mohawk Nation in the North Country; the Senecas, Barry Snyder and the Seneca Tribal Council in Western New York; and Ray Halbritter and the Oneida Nation in Central New York and the Finger Lakes region.
I worked, I know, through the Native American Select Committee with all of these Native American nations on several issues, gaming being only one of them, and they were all extremely cooperative.
The deal that the Governor struck with these three nations, I have to tell you I was very skeptical in the beginning that it could be done. But through his hard work and diligence it was done, with the assistance of Senator Bonacic, and I publicly thank him and congratulate him.
Thank you, Mr. President. I vote in the affirmative.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Maziarz.
Senator Tkaczyk to explain her vote.
SENATOR TKACZYK:I rise to congratulate Senator Bonacic. I know he worked tirelessly on this issue and to get this bill to chambers today. And I just wanted to reach out and say thank you, Senator, you've worked hard, and we look forward to seeing one in the Catskills.
Thank you. And I vote aye.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Tkaczyk.
Senator Ranzenhofer to explain his vote.
SENATOR RANZENHOFER:Thank you, Mr. President.
I'd also like to congratulate Senator Bonacic, who did a very, very nice job with the very thorough explanation.
And one of the things that intrigued me is you heard a lot of positives and you've heard a lot of negatives about the bill. But one of the great things about this ultimate decision is the people of the State of New York don't get to vote on a lot of things. They don't get to vote on the budget. They don't get to vote on a lot of issues that come before the Legislature. But they're going to get a chance to vote on this issue.
And the smartest people in the world are the people that are out there and that we represent. And I trust that they will make an informed decision, and they are the best people to ultimately make this decision. That's why I'll be supporting this resolution to give the people a chance to finally make a decision on a policy for the State of New York.
Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Ranzenhofer.
Senator Larkin to explain his vote.
SENATOR LARKIN:Thank you, Mr. President.
I too would like to say to John Bonacic, I thank you for all the extra hours that you committed to make sure that we got a bill that we should all understand.
And you know, there's many bills we have here, we basically know something about them. The presentation tonight by John Bonacic of what the bill was all about, if you were paying attention, it covered everything from A to Z. Told you why we were doing, what we were doing, what the Governor's input was, what was the input from the Senate, how the working was between the Senate, the Governor, and the Assembly.
And it also did the bottom. Mike Ranzenhofer just covered that. There's some of you that won't like it. You know, you could sit here every day of the week in session and you'll find bills that you don't like and somebody else will like. But this is a bill that gives us an opportunity.
We talk about making more money available for schools, we talk about jobs, we talk about education. Here's a golden opportunity. And as Mike Ranzenhofer said, the biggest thing here is the people of the State of New York are going to have a vote on it.
John, I thank you from the bottom of my heart. You've done an outstanding job, and you deserve the praise of everybody in this state {clapping}.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Larkin.
Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I won't be as long as some of my colleagues, but I would like to congratulate Senator Bonacic, and also I'd like to congratulate the Governor.
One of the things that Senator Maziarz, Senator Kennedy and I were very concerned about was that in this arrangement that the compact with the Native Americans would be honored and respected. And so I can very clearly say that this bill reflects that.
And I think that even though there are people who cannot and don't support gambling, for those of us who live and let live, I think we've got the best possible bill that we could get and I thank you very much for your work on it.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Hassell-Thompson.
Senator Stavisky to explain her vote.
SENATOR STAVISKY:Thank you, Mr. President.
I'm not a gambler, but that doesn't mean that other people shouldn't have the right to gamble.
And I want to thank Senator Bonacic not just for his presentation, but for his passion, for his caring about an issue that is important to him and to the state.
I vote aye.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Stavisky.
The Secretary will announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1590 are Senators DeFrancisco, Espaillat, Hoylman, Krueger, LaValle, Marcellino, Nozzolio, Parker, Perkins, Rivera and Sanders.
Those absent from voting: Senators Diaz, Peralta and Sampson.
Ayes, 48. Nays, 11.
ACTING PRESIDENT CARLUCCI:Senator O'Brien, why do you rise?
SENATOR O'BRIEN:I had wanted an opportunity to explain my vote as well.
ACTING PRESIDENT CARLUCCI:Senator O'Brien to explain his vote.
SENATOR O'BRIEN:Thank you.
The bill before us has some very significant and important revisions from what was originally discussed just a few years ago, and in a couple of important ways. One of those is the tax on gaming revenues that casinos will pay to the State of New York. And of course that's very important because the revenues that the state receives, 80 percent of that is going to go to fund primary and secondary education.
The original discussion was talking about a 25 percent tax on gaming revenues, and that's now been accelerated to a range of 37 to 45 percent. And that is really a truly significant change. And if we're ever going to see the kind of release of some of the stress and pressure on property taxpayers in school districts around the state, we have to find new revenue sources. And this looks like a really good revenue source.
And the second significant revision -- and I'm sure Senator Bonacic deserves a lot of credit for this -- is the recognition of the need to protect the racinos in the area because they have actually a much higher tax on gaming revenues, something in the area of 65 percent, and a hundred percent of that goes to fund education.
So it's very, very critical to make sure we didn't erode education support. And if we were really going to be serious about finding ways to protect school property taxpayers, which has to be one of our most significant efforts if we're going to solve some of the problems we have upstate, we have to find new revenues to help fund education.
I agree with many of the speakers here tonight, some pro and some against gaming. But everybody I think agrees on the need to fund education, that education is ultimately so fundamentally important to our progress, particularly upstate.
And so I commend Senator Bonacic. I think he's done an excellent job on moving this forward. I appreciate his very detailed explanation at the start.
And I vote yes. Thank you.
ACTING PRESIDENT CARLUCCI:Thank you, Senator O'Brien.
Will the Secretary announce the results.
THE SECRETARY:Ayes, 48. Nays, 11.
ACTING PRESIDENT CARLUCCI:The bill is passed.
The Secretary will read.
THE SECRETARY:Calendar Number 1591, substituted earlier by Member of the Assembly Silver, Assembly Print Number 8113, an act to amend the Economic Development Law.
ACTING PRESIDENT CARLUCCI:Senator Krueger on the bill.
SENATOR KRUEGER:Thank you, Mr. President.
Given the time of night, I will skip the explanation of the bill.
This is the bill that was originally called the Tax Free Zone Program. It's a fascinating situation here for me tonight on the floor of the Senate, because it's an extremely rare time where I actually find myself in agreement with the Manhattan Institute, E.J. McMahon, conservative economists, groups who normally I would find myself on the opposite end of the spectrum from.
And yet this bill has clearly brought out my free-market capitalist, because I take a look at this bill, I understand what the implications are, and I say egads, don't do this, please. Don't create two systems in New York State, those who pay taxes and those who don't. Don't set up a new Empire Zone on speed with all the potential for the mistakes of the Empire Zone system.
Don't tell our SUNY and CUNY campuses that you have to spend your money building the buildings and the infrastructure for private businesses who will then be on that land and use that space, not pay taxes, potentially redirect the missions of your campuses, potentially make huge amounts of money, none of which could go to you as partners in the work, partners in the success.
No established requirements for any kind of shared revenue from the successes of businesses, while meanwhile no patent rights, while meanwhile you're setting up a system where people in theory are creating new jobs, new businesses.
As long as they're not in the same zone with somebody who's already been here doing it, they get a complete competitive advantage over you, New York State business who's already been trying and struggling to be successful. So if you're here and they move there, they move into there and they haven't been here before, they get tax-free, they get their personal income tax-free, they get their property tax, sales tax.
Plus the areas where the intended businesses will be targeted are actually some of the areas struggling the most, absent --
SENATOR LIBOUS:Mr. President, can we have a little order? As sponsor of this bill, I'd like to hear what Senator Krueger has to say.
ACTING PRESIDENT CARLUCCI:Can we have some order in the chamber. Please take conversations outside.
SENATOR LIBOUS:Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you. Thank you, Senator Krueger.
SENATOR KRUEGER:Thank you.
That the areas where these businesses will be starting up are the areas that are actually suffering from the greatest shortage of property tax revenue and sales tax revenue. And so these specific areas who may be in the most trouble will virtually have any new economic activity for up to 10 years giving them no revenue, no tax revenue. There will be new expenses if there are new people there, if there's new businesses, if there's more drains on their public services, on their water, on their sewers, on their educational systems. But nobody will be paying them tax revenue.
Just to highlight a few additional specific concerns, there's no public processes associated with approving the businesses. The university's plan must be given to the student government and municipality, but it doesn't really matter how they respond. Private universities even have less of an obligation to have any participation in approvals.
It doesn't appear there's clawbacks mandatorily. Based on a case by case negotiation between the university and the business applicant, they can decide to have a clawback and/or keep a business out of the program for one year or more. Clawbacks should be mandatory.
There's no reference to New York's carbon reduction plan, so that all kinds of things can be built out of the context of smart growth, costing the universities money but not actually providing any revenue to the universities. There's no requirements for prevailing wage or for MWBE at private universities.
The annual reports and details supposed to be publicly available is completely inadequate, as we've seen from so many of our other economic development models. And so really we'll be able to track what's going on? I think not.
So the locality has the potential to lose an enormous amount of property tax, sales tax. And at least in New York City and Yonkers, they have to give up their personal income tax also, and nobody is asking them whether they have a say in that. Again, there's no mechanism or provisions for intellectual property rights or patents developed under this program.
You can actually be qualified and only required to create one job. I don't really see that as a great job-creation model. There's no target of how many jobs we actually expect we can create. There's some improvements from the old days about not letting businesses shirt-change, and yet I'm pretty sure we'll see shirt changing, just under a new name. That means somebody exists already but they change their corporate structure or they close and reopen under a new name and then they apply to get these benefits.
The irony to a certain level is I think a lot of us here recognize that what we've been doing in economic development for decades hasn't really benefited who we want it to benefit. Who creates jobs in New York State? Small businesses. Businesses under 25 people are the businesses that actually create new jobs. And yet I've been here for 11 years watching and wondering when we would ever actually do any economic development programs that would really matter for the small start-up businesses.
We spend a huge amount of money in economic development. We currently give businesses nearly $7 billion a year, $7 billion a year, in tax breaks, grants, and other forms of preferential treatment, $3.7 billion in tax credits and exemptions, $2.2 billion in grants, and a billion dollars in other categories.
I actually think if we eliminated these existing tax exemptions, tax breaks and grants, we could easily reduce taxes across the board on businesses throughout the State of New York. Hmm. That sounds like really good idea, reduce taxes on businesses across the State of New York. It would mean we would be evening the playing field instead of going one giant step further down the road of those who pay taxes and those who don't.
I might even be convinced that eliminating all the tax breaks and reducing the tax rate is such a good idea that I've heard my colleagues on the other side of the aisle say exactly that.
What if we had a state with lower tax rates but no preferences or priorities? The opportunities within this law for I'm your best friend, I get into the tax-free zone; I argued with you, I don't. The concept that yes, we want to draw more people into New York State to create new businesses -- but do we really want to tell people who are here running businesses, working hard, trying to expand their businesses and their jobs, that actually you probably stand no chance of getting ahead because these guys over here were lucky enough to qualify to fit into the tax-free New York areas?
It's just the wrong idea. There are technically so much things I could highlight. But again, I just urge people not to pass this bill. Go back to the drawing board. Look at the lessons from what we have done wrong in the past and realize too much of this bill is in fact things we have done before.
I would love to see programs to expand our economy, even the playing field, be able to decrease taxes. But in fact I think we go down the wrong road with casino gambling, as I just explained extensively before. I think we would go further down the wrong road by passing this into law -- although perhaps the casinos could locate on the SUNY and CUNY campuses so they could be tax-free and we could really increase the win of all these great ideas.
It's late. I could go on -- as you all know, I can go on. But in fact I don't think it requires anything else. Please don't pass this bill. This is the wrong answer for New York State.
Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Krueger.
Senator Rivera on the bill.
SENATOR RIVERA:Thank you, Mr. President.
Would the sponsor -- I'm just kidding.
(Laughter.)
SENATOR RIVERA:I could take a lot of time asking questions of Senator Libous, but first of all I'll say that we'll have many, many more times over the next couple of years, from now until a long time from now, to make sure that we ask each other a lot of questions. I'll just speak on the bill, Mr. President.
I understand the purpose of the bill. The purpose of the bill, clearly stated, is to make sure that areas of the state that have been economically ravaged, that have been impacted by a weak economic situation, are made better, are made whole. Jobs can be created in these places. And I certainly support that. But I do not believe that this is the way to do it.
Many of the technical aspects of the bill were discussed by Senator Krueger, so I will not do that. But I will say that the reason that I oppose this bill -- and I encourage my colleagues to do the same -- is that I have a fundamental issue with the main idea here.
We've discussed many times on this floor cutting taxes does not automatically create jobs. And when I say that, I say that not just because of what I think or what I believe but what I know and what has been found in studies from Princeton or Stanford with folks that know much more about this than I do, from states as far as away as Texas or Iowa or New Jersey or California.
The way to create jobs -- certainly taxes have something to do with it. But just for one second let's focus on the tax aspect of this, the loss of revenue here. There was an argument that was made earlier to me today about the fact that this is not a tax cut, but because we're saying you're going to create jobs and then the folks that are either in these localities or create jobs are not going to get taxed.
Well, the fact is that as we've heard from a couple of our colleagues here just today, we have to expand the tax base of localities all across the state so be able to generate revenue so that the communities and localities can do what they need to do, so governments can do what they need to do.
So this will not expand the tax base. This will actually make it less likely that these localities will see any of these taxes go to them. What we're talking about is if we want to create jobs, if we want to make sure that we have good economic conditions in places of the state that have been ravaged, as I said earlier, by our economic downturn, tax cuts might be a part of the solution.
But we need to consider that when people are making choices about where they put their businesses, they consider the distance to their suppliers, the distance to the markets, housing prices for their workforce, whether they have a highly educated and skilled workforce.
Which, by the way, would be made more possible if we invested more fully in the public higher education system that we have in our state. Which this, to say the least, does not do, and as a matter of fact lessens the ability of some of these institutions to grow because it takes part of the space of some of these institutions away and hands them off to some mysterious company. We don't know who those companies are going to be.
But distance to suppliers, distance to market, housing prices, highly educated and skill workforce. Infrastructure. Whether we're talking about energy, about transportation infrastructure, communication infrastructure -- all of those things, ladies and gentlemen, which require government expenditures.
Yes, of course, I am a tax-and-spend liberal. We've discussed it many times on this floor. But the point that I think none of you can deny is that for businesses to not only be successful but to thrive and to want to go to the different parts of the state that you all represent, having these basic things, having infrastructure of energy, of transportation, of communications, these are the things that will make certain that businesses go to these places.
And finally, the idea that we will actually have, during times of economic downturn, to provide tax breaks or in this case to take taxes away altogether, it is actually going to do the opposite of what we want it to do. During times of economic downturn, having less revenue for the state means less investment from the state and government, which means we will have these things that I mentioned, which provide some long-term benefits and will attract businesses to different parts of the state. We're not doing these investments.
So ultimately, ladies and gentlemen, to be able to do the things that we need to do in different parts of the state that have been ravaged by our economic downturn, to provide tax-free havens for 10 years for companies that we don't even know if they exist yet, with some vague language about potentially the mission of these academic institutions matching what these companies can potentially do -- not to mention the impact that it's going to have on companies that already exist and that don't have the benefits that these companies will receive on taxes -- these are not the things that are going to create jobs.
Let's make sure that we commit ourselves to reinvestments in infrastructure, in higher education, in effective and well-staffed police forces and fire forces all over the state. These are the things that will make sure that we have a strong place that economies can grow and that jobs can grow.
This plan, unfortunately, just does one small thing and does not do it right. It gives too much to companies. It gives too much to some mysterious entities we don't even know if they're even going to create jobs.
So I'm sorry to say, Senator Libous, and I'm sorry to say, Mr. President, I must vote no on this bill.
Thank you.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Rivera.
Senator Latimer.
SENATOR LATIMER:Thank you, Mr. President. On the bill.
I've only been in this chamber for a few months, and one of the things that I always think about is that many prominent people served in this chamber for many, many years. The one that I always think about -- his bust is right outside -- is Franklin Delano Roosevelt. I don't know where he sat in this chamber, and he was a very young man when he served here. But I think about him because I'm sure his political philosophy wasn't locked in in those first couple of years that he spent in this chamber.
But when I think of what we're doing here tonight on this issue and on the prior issue, I think about Franklin Roosevelt as president of the United States. This is not a long history story. He did a lot of things that nobody had done before him -- some of them worked, and some of them didn't -- during the Depression. But the one thing that he did do is he gave Americans hope because he tried innovative things.
I don't know if this plan in the long run is going to work or not. I don't know if the casinos in the prior issue in the long run are going to produce the result that we hope for. And I don't think that these two things together are the panacea to the needs of upstate.
But I do know that we have to try. I do know that we have to innovate and we have to take risk. I do now about risk from my corporate career. I do know about risk, giving up a safe seat in the other house to run for this seat.
So the bottom line is that when I look at something that I can't be sure of, I ask myself is it a worthy effort to try. And I think it is. I think we have to try. If this plan helps some business in Cobleskill on the campus of SUNY Cobleskill, then it's worked.
And that may not happen, but I'm willing to take that risk. And I will vote aye.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Latimer.
Senator Libous to close the debate.
SENATOR LIBOUS:Thank you, Mr. President.
I have not gotten up on the floor too often to speak this year other than to say "accept the Resolution Calendar" or whatever. So I'm going to ask my colleagues, and the hour is late, to just indulge me on this legislation because it's something that I think is extremely important. And while I certainly respect my colleagues who have differing opinions, I'm going to pick up where Senator Latimer left off.
This state of ours, which is a great state, does have some problems. And one of the problems, particularly upstate, is job creation and generation. And we are losing people in upstate New York. We are losing people quickly. They're going to other states because of other opportunities and particularly job opportunities. You know, we're 49th out of 50 when it comes to manufacturing. We're 49th out of 50 when it comes to the highest taxes. Our ratings are disgusting. And I don't know what we've done over the years, but obviously it's not working. Maybe we're all to blame for that. But
I think we have a choice here. We have a choice to take something that we have that is very positive and feed off it, and that's our university system. We are very blessed in this state because we have one of the best in the nation. Maybe in the world, for that matter. The SUNY/CUNY system is outstanding. Our community college system is outstanding. And what this program does is it builds off of success. And that's how you create things.
I see this as the glass half full, not half empty. Yeah, we can pick it apart and I can find some problems with it. I've had constituents who have called; you know, they've got issues with different concepts. But then I stop and I say to them: So what recommendations can you give me to create jobs?
We have a 9 percent unemployment rate in the Southern Tier. We're bleeding, we're hemorrhaging. We have one of the best SUNY systems, SUNY Binghamton. Many of you send your families up to Binghamton University. Senator Fuschillo's son just graduated there. Didn't get in trouble once; he was a good boy. He left, he didn't say stay. He went back to Long Island.
But my point is we need to keep those kids. We need to create opportunities for them in upstate New York. Or in New York State, period. But we lose them. They go elsewhere. They go to Connecticut, they go to Texas, they go to Arizona. And they go to places because companies are growing there because they have low taxes or no taxes. They have opportunity.
This to me is very simple. We take the university system that is one of the finest university systems in the country, and we work off it. We take what it builds for us and we work off it. Yeah, there's some question here. I've had some businesspeople say to me, Well, yeah, you're going to give taxes. I have to pay taxes. Yeah, you do.
But every now and then we have to come with something creative. I think Senator Latimer said it. I don't know if it's going to work, but it's better than what we have now because nothing is working. We're starving. There are no jobs. People are leaving. It's pretty sad when I have to agree with a casino bill because that might create jobs in upstate New York.
It's the difference between poverty and prosperity. Right now, my friends, we have poverty in upstate New York. We have people that need to go to work. We have people who we need to give hope to. And that's really the key issue here, hope. This is a plan that gives hope. It's an opportunity to create new jobs, new businesses.
Yeah, it's going to cost us something. Yeah, we're going to give them free land on a SUNY campus. They don't pay taxes now if you have a SUNY campus. Okay, we're going to give them sales tax exemptions. Many of our IDAs do that now anyway. We already do most of those things. And the big thing here is, oh, my goodness, they're not going to pay income tax. Yeah, that's right. A lot of states around us don't have income tax, and they're knocking our socks off.
So I say to you let's take this great university system we have, let's take the outstanding kids that graduate in biotechnology, engineering sciences, healthcare sciences, and let's create opportunities for them to stay in New York State. I want to them to all stay in upstate, but I understand that they're not. There's opportunities here for downstate. There's a lot of opportunities here for the whole state, for all of us.
So, Mr. President, I think this is a fantastic bill. I think this is an opportunity that is before us that we haven't had in this state in a long time. Because nobody has shown me a better plan. Nobody in this chamber has shown me a better plan. This is a plan that was crafted by the Governor and this house, and I think it's a great plan. And until somebody shows me something better, I agree with my colleague Senator Latimer. We've got to try something. We've got to give it a shot. Because people need hope. People need opportunity. People need a chance to work in this state and stay in this state.
So, Mr. President, if you haven't figured it out yet, I vote aye. And I would encourage my colleagues to join me and to give the people of this state hope and opportunity.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Libous.
The debate is closed. The Secretary will ring the bell.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator LaValle to explain his vote.
SENATOR LaVALLE: Thank you, Mr. President.
I rise to support this legislation. And this is another incremental step --
ACTING PRESIDENT CARLUCCI:Excuse me. Can we have some order in the house. Please take conversations outside. Senator LaValle has the floor.
SENATOR LaVALLE: This is another incremental step in a vision to move this state by using the universities of SUNY, CUNY and the private-sector colleges. We have made investments in the intellectual capital by making sure our professors and graduate students have what it takes to stay here and be able to partner with businesses.
We have made a physical commitment. If you travel the state and look at the SUNY campuses, the CUNY campuses and the independent- sector campuses, that is an investment that we have made that will be helpful in linking businesses with the colleges.
And so the first step was SUNY 2020. In this budget we did SUNY 2020 II, another $60 million commitment; CUNY 2020. And we have made capital investments in our independent colleges. And so the investments have been there, and now we are linking it with businesses that will be start-up companies that will really yield additional jobs.
I know this will work because already, already -- and this legislation has not passed -- companies are exploring and making inquiries about coming to the college campuses.
I vote aye.
ACTING PRESIDENT CARLUCCI:Senator LaValle to be recorded in the affirmative.
Senator Parker to explain his vote.
SENATOR PARKER:Thank you, Mr. President, to explain my vote.
I don't even know where to really start with this START-UP New York. Right? Mr. President, I can't vote for this. I wish I could. I believe in economic development. I believe that we ought to have full-time jobs at a living wage with benefits for everybody in the state, and I think that it's possible.
I don't think that this is a way to in fact do it. This is a billion-dollar boondoggle. Right? What are we looking at? This is Empire Zones II. Empire Zones I was about a billion dollars, and most of that money got wasted. And here we are going to throw good money after bad with the same kind of poor investment.
At the same time that the Governor is asking us to do this, and he wants to help SUNY campuses, I have a SUNY campus in my area, SUNY Downstate. You all might have heard of it. You all might have heard me once or twice mention it on the floor. We're looking for $150 million over the course of the next year to maintain the fourth-largest employer in the largest county in the state. It is actually the largest county in the country. It's the fourth-largest city in the country. And the Governor is looking to fire a thousand people out of that institution this year.
And so you want me to give you a billion dollars for the state when the largest county in the state can't even get money to save a thousand jobs. That's what we're dealing with right now. And so you're asking me to vote for this, while in the meantime we've already put almost 4,000 people out of work in Long Island College Hospital and we're about to put another thousand out of work in SUNY Downstate.
I can't abide by this. I vote no.
ACTING PRESIDENT CARLUCCI:Senator Parker to be recorded in the negative.
Senator Golden to explain his vote.
SENATOR GOLDEN:Thank you, Mr. President.
People have different opinions about parts of this bill, but we should all agree on the part that brings the incubators into this program. It is a solidly positive achievement, and every Senator here should take credit for it.
In the budget we developed a comprehensive New York State incubator policy. We combined it with the Governor's hotspots proposal. And this bill makes a strong program even stronger, helping incubators to create jobs and wealth and community revitalization by bringing tax-free-zone benefits through them and through their clients.
This bill does the following. It includes incubators designated as New York State incubators in tax-free zones in a partnership with New York colleges and universities. It makes designated New York State incubators and their clients tax-free. Lets any new company in a New York State incubator take advantage of a tax-free-zone benefit. Lets existing companies and incubators qualify for tax-free zone benefits. This requires them to do certain things to qualify, but they are not that difficult.
It lets any graduate of a New York State designated incubator move to a tax-free zone and take advantage of those benefits. It recognizes the differences between general and biotechnology, the biomedical incubators, and their clients.
These are tremendous advances for our incubator programs. I said during the budget that we created the most sophisticated and targeted incubator in this country. And this program is fitting because this is the birthplace of the incubators. This legislation takes this achievement one step further.
And, ladies and gentlemen, I want to thank Ryan McAllister and Mary Arzoumanian from Senate Finance for their great work in working with us to achieve these goals.
I thank all of my fellow Senators, and I vote aye.
ACTING PRESIDENT CARLUCCI:Senator Golden to be recorded in the affirmative.
Senator Stavisky to explain her vote.
SENATOR STAVISKY:Thank you, Mr. President.
I've been a supporter of public/private partnerships for a long time, particularly as it affected SUNY and CUNY 2020 programs. I wish I could vote for this. But I can't. Because, for one thing, one aspect bothers -- a number of aspects bother me. But there are other taxpayers, other companies in the area that would be fully tax-paying, and I just don't think that's fair to give tax benefits to some people and not to others.
Secondly, I think there's far too much discretion given to various supervisors, and a lack of oversight. I think they're asking us to make a gigantic leap of faith that I just can't do at this point.
I vote no.
ACTING PRESIDENT CARLUCCI:Senator Stavisky to be recorded in the negative.
Senator Nozzolio to explain his vote.
SENATOR NOZZOLIO:Thank you, Mr. President.
Mr. President and my colleagues, I rise in support of this measure. And I thank Governor Cuomo for taking important steps to try to maximize the assets we have in New York State. Mr. President, we need to take advantage of those assets to move our economy forward and to grow jobs.
You and I, Mr. President, are graduates of Cornell University, one of the best, most talented, most gifted research institutions in this nation if not the world. Yet I have been critical of our alma mater because the commercialization of the science coming out of corneal has been not as great as other institutions similarly situated, particularly Stanford University in California.
We have better science. We have better professors. What we need is to have a better infrastructure that makes the commercialization of science, the bringing of jobs from the laboratory to the marketplace more effective.
And that's why Governor Cuomo's involvement, activity and support of this project in this transition was extremely critical. I appreciate Senator Libous, Senator Skelos, and all of us in the Senate for trying to move this ball further.
But as the custodian of a place that has more college students per capita -- and that's upstate New York -- than any place in the nation, this type of chemistry makes sense. It's the type of science that will nurture jobs. And I am particularly interested in the jobs that could grow from the Applied Research Center at Cornell Experiment Station in Geneva, the Infotonics Center in Canandaigua, which is in partnership or part ownership of the Nanoscience Center here at SUNY Albany.
Together, these enterprises can grow jobs. This is the seed corn that is necessary for that growth. And, Mr. President, I support it for those reasons as we move forward to make the economy grow in New York.
ACTING PRESIDENT CARLUCCI:Senator Nozzolio will be recorded in the affirmative.
Senator Martins to explain his vote.
SENATOR MARTINS:Thank you, Mr. President. I also rise to support this piece of legislation.
You know, I don't have a public university, I don't have a community college, I don't have a SUNY campus anywhere in my district. I don't. So the odds of any of this coming to my district is pretty remote. But when we consider the kinds of things that we should be doing, and when we consider the synergies that exist on our campuses, when we consider all those things that we stress, focusing on STEM, focusing on encouraging our students at the university level to learn and to innovate, this is exactly what we need.
The opportunity we have to match out of university system with those young entrepreneurs who, coming out, simply don't have the means to make ends meet, don't have the means to match those start-up costs, but will create the next revolution in technology, will create the next revolution in jobs. And it belongs right here in New York State. We have the ability to do it. We have a SUNY university system that is second to none.
And yes, I'd love to have one in my district, but the reality is this. It's the synergies that our university system provides after they've educated our children that allows us that opportunity to capture that, to harness that, to create the next boom in this state and hopefully to give us the opportunity to spin those jobs, spin those new jobs, those new entrepreneurs back into our communities.
I vote aye.
ACTING PRESIDENT CARLUCCI:Senator Martins to be recorded in the affirmative.
Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Mr. President, I just wanted to say that I have been convinced by the arguments of my colleagues tonight. We do need to try something to revitalize our upstate economy.
I certainly believe, though, that it's incumbent upon all of us to ensure that this program is not a replication of the Empire Zone program where political patronage ruled the day. And that we make certain that the money, the tax benefits are well spent, and that we monitor it closely in the years to come.
Thank you. I vote aye.
ACTING PRESIDENT CARLUCCI:Senator Hoylman to be recorded in the affirmative.
Seeing no other Senators wishing to be heard, the Secretary will announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1591 are Senators Avella, DeFrancisco, Krueger, Montgomery, Parker, Ranzenhofer, Marchione, Rivera, Sanders, Serrano and Stavisky. Also Senator Perkins. Also Senator Boyle.
Those absent from voting: Senators Diaz, Peralta and Sampson.
THE SECRETARY:Ayes, 46. Nays, 13.
ACTING PRESIDENT CARLUCCI:The bill is passed.
Senator Libous, that completes the controversial reading of Supplemental Calendar 57A.
SENATOR LIBOUS:Thank you, Mr. President.
Could you call on Senator Serrano.
ACTING PRESIDENT CARLUCCI:Senator Serrano.
SENATOR SERRANO:Thank you very much, Mr. President.
There will be an immediate meeting of the meeting of the Senate Democratic Conference in Room 315.
ACTING PRESIDENT CARLUCCI:There will be an immediate meeting of the Senate Democratic Conference in Room 315.
SENATOR LIBOUS:I'm not done. Please tell people not to leave yet, because I'm not done.
ACTING PRESIDENT CARLUCCI:Please don't leave. We have an important announcement by Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
There will be a Finance Committee meeting at 11 o'clock in Room 332.
There will be an immediate Republican conference in Room 332.
The Senate will stand at ease.
ACTING PRESIDENT CARLUCCI:There will be a Republican conference in Room 332, and at 11 p.m. there will be a Finance Committee meeting in Room 332.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 10:31 p.m.)
(Whereupon, the Senate reconvened at 11:26 p.m.)
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, can we go back to reports of standing committees.
I believe there's a report of the Finance Committee at the desk.
ACTING PRESIDENT VALESKY:Returning 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 a member of the Public Service Commission, Diane Burman, of Delmar.
ACTING PRESIDENT VALESKY:Senator DeFrancisco.
SENATOR DeFRANCISCO: I'm very proud and pleased to be able to move the nomination of a great attorney, a great woman, a great mother, and I assume a great wife as well. She's just a wonderful person: competent, hardworking, has helped everybody in this chamber at one time or the other.
I move Diane Burman as a commissioner of the Public Service Commission, and I request that you recognize Senator Skelos.
ACTING PRESIDENT VALESKY:Senator Skelos.
SENATOR SKELOS:Thank you very much, Mr. President.
I know the time is late, Diane, and the members have asked me to speak on their behalf because they know with all of us, collectively, it comes from our hearts on how much we appreciate what you've done for this body -- for obviously our conference, but for the entire Senate chamber, all members. IDC, Republican, and Democrat, you've treated each and every member here with the utmost of respect.
The professionalism that you have shown over the years amazes all of us. As many of you know, Diane, a long time ago when I had dark hair, came and worked for me as an intern. I encouraged her to go to law school. She did listen. Diane even said earlier that, Jonathan, I recommended that she marry you -- I'm not sure about that -- because you worked for me also at one time.
And you have done so much for us in terms of professionalism, moving all of our agendas forward. You've treated all of us with the utmost of respect. And I know this is going to be a big change in your life, but believe me, it's going to be a big change in our lives, you know, when we look over or we run into your office on legislation, that you're not going to be there.
But there's a new opportunity for you to serve on the Public Service Commission. I know that you worked there as a counsel. And certainly you're going to bring the intellect and the ability to make the Public Service Commission an even stronger commission.
So from all of us here in the chamber, Diane, we wish you the best. We wish you Godspeed and the opportunity to spend more time with your family. But even more important, we say to all of you and to you, Diane, that we love you very much.
Thank you, Diane.
(Extended standing ovation.)
ACTING PRESIDENT VALESKY:We do still have to vote to make this official. So the question is on the nomination of Diane Burman as a member of the Public Service Commission. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:Diane Burman, of Delmar, is hereby confirmed as a member of the Public Service Commission.
(Standing ovation.)
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:As a member of the Public Health and Health Planning Council, Lawrence S. Brown, Jr., M.D., of Brooklyn.
As a member of the Behavioral Health Services Advisory Council, Lawrence S. Brown, Jr., M.D., of Brooklyn.
As a trustee of the Cornell University Board of Trustees, Martin F. Scheinman, of Sands Point.
ACTING PRESIDENT VALESKY:Senator DeFrancisco.
SENATOR DeFRANCISCO: Move the nominations.
ACTING PRESIDENT VALESKY:All in favor of the nominations as read by the Secretary signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:The nominees are hereby confirmed.
Senator Libous.
SENATOR LIBOUS:Mr. President, we have in front of us a Supplemental Active List Number 1, dated Friday, June 21, 2013. If you would go to that, please, and then we will take up the noncontroversial reading.
ACTING PRESIDENT VALESKY:The Secretary will proceed with the noncontroversial reading of Supplemental Active List Number 1.
THE SECRETARY:In relation to Calendar Number 282, Senator Maziarz moves to discharge, from the Committee on Rules, Assembly Bill Number 7906 and substitute it for the identical Senate Bill Number 1184A, Third Reading Calendar 282.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 282, by Member of the Assembly Sweeney, Assembly Print Number 7906, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.
THE SECRETARY:Those recorded in the negative on Calendar 282: Senators Seward and Griffo.
Ayes, 61. Nays, 2.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 347, by Senator Maziarz, Senate Print 4004A, an act to amend the Public Authorities Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 421, Senator LaValle moves to discharge, from the Committee on Rules, Assembly Bill Number 7601 and substitute it for the identical Senate Bill Number 4539, Third Reading Calendar 421.
ACTING PRESIDENT VALESKY:Substitution ordered.
THE SECRETARY:Calendar Number 421, by Member of the Assembly Brindisi, Assembly Print Number 7601, an act to repeal Section 50B of the Civil Service Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 436, by Senator Golden, Senate Print 3851B --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT VALESKY:The bill is laid aside.
THE SECRETARY:Calendar Number 455, substituted earlier by Member of the Assembly Rosenthal, Assembly Print Number 740A, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Grisanti to explain his vote.
SENATOR GRISANTI:Yes, thank you, Mr. President.
My fellow colleagues, this legislation that we have here in front of us allows municipalities greater control as it relates to the regulation of pet breeders and sellers if, if those localities decide to pass a local law.
Now, this legislation is supported by the Association of Counties, the Association of Towns, New York Conference of Mayors, and it's actually supported by numerous, numerous groups such as the ASPCA and other groups dealing with animals.
Now, provisions of the Ag and Markets Law right now prohibit local governments from acting to regulate the industry, and current state law has proven to be inadequate as Ag and Markets has failed to enforce the state law. But it's not their fault. Prior to 2002, the localities had the power to pass and enforce these local laws. However, that law was changed to the current statute at this time. But most of the staff has been cut and eliminated since 2010.
And I'll give you an example. Basically, over the last five years, pet dealers have had over 800 times the violations -- 800 -- yet penalties were only assessed on 50 of those 800.
This legislation will help to cut down on the proliferation of puppy mill puppies as well as address concerns related to spay and neuter to help control the pet population.
The current system is not working, and enforcement of these laws is low. The legislation gives local governments, as I said, the power to enforce these laws. Nothing in this legislation undercuts state law or allows municipalities to not enforce existing laws. No reputable breeder will have a negative impact.
But the bottom line, ladies and gentlemen, the state law right now allows primary enclosures that barely allow an animal to move, cages that have wire floors that are stacked on top of each other so that the excrement from animals above get caked onto their coats. They perform their own veterinary-type surgeries without having a veterinarian there.
So the bottom line, ladies and gentlemen, is the municipalities pay for this. And that's why we need this law. I vote aye, and I urge all the pet lovers here in this chamber to vote aye along with me.
ACTING PRESIDENT VALESKY:Senator Grisanti to be recorded in the affirmative.
Senator Squadron to explain his vote.
SENATOR SQUADRON:I want to thank Senator Grisanti and Assemblymember Rosenthal for getting this bill moved. It's something that we've been pushing for for years; once upon a time I carried it. And to finally get the deal done to get it done makes a huge difference just for the humanity of the state and the way we treat pets across the state.
Congratulations. I vote aye.
ACTING PRESIDENT VALESKY:Senator Squadron in the affirmative.
Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 455 are Senators Griffo, Little, Martins, Nozzolio, Seward, Tkaczyk, Young. Also Senators Ranzenhofer, O'Mara and Perkins.
Ayes, 53. Nays, 10.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 662, Senator Martins moves to discharge, from the Committee on Rules, Assembly Bill Number 1115A and substitute it for the identical Senate Bill Number 1987A, Third Reading Calendar 662.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 662, by Member of the Assembly Jaffee, Assembly Print 1115A, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Recorded in the negative on Calendar 662: Senator Little.
Ayes, 62. Nays, 1.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 697, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 6579 and substitute it for the identical Senate Bill Number 4650, Third Reading Calendar 697.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 697, by Member of the Assembly Abbate, Assembly Print Number 6579, an act to amend the General Municipal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 932, by Senator Golden, Senate Print 4506, an act to amend the Real Property Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect June 1, 2014.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 957, Senator Robach moves to discharge, from the Committee on Children and Families, Assembly Bill Number 6547B and substitute it for the identical Senate Bill Number 5605, Third Reading Calendar 957.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 957, by Member of the Assembly Weinstein, Assembly Print Number 6547B, an act to amend the Domestic Relations Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
Calendar Number 1073, there is no home-rule message at the desk. That bill cannot be taken up at this time.
Calendar 1132 is next.
THE SECRETARY:Calendar Number 1132, by Senator Parker, Senate Print 955, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1152, by Senator Young, Senate Print 3079A, an act to amend the Civil Rights Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT VALESKY:The bill is laid aside.
THE SECRETARY:Calendar Number 1408, by Senator Zeldin, Senate Print Number 5738B, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1507, Senator Little moves to discharge, from the Committee on Rules, Assembly Bill Number 7965B and substitute it for the identical Senate Bill Number 5739C, Third Reading Calendar 1507.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1507, by Member of the Assembly Stec, Assembly Print Number 7965B, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Those recorded in the negative on Calendar Number 1507: Senators Fuschillo and Martins.
Ayes, 61. Nays, 2.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1522, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 1394A and substitute it for the identical Senate Bill Number 5858, Third Reading Calendar 1522.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1522, by Member of the Assembly Gunther, Assembly Print 1394A, an act to amend the Penal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Recorded in the negative on Calendar 1522 are Senators Hoylman and Krueger.
Ayes, 61. Nays, 2.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1552, Senator Ranzenhofer moves to discharge, from the Committee on Rules, Assembly Bill Number 8072 and substitute it for the identical Senate Bill Number 5845, Third Reading Calendar 1552.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1552, by Member of the Assembly Brennan, Assembly Print 8072, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 132. This act shall take effect July 1, 2014.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Ranzenhofer to explain his vote.
SENATOR RANZENHOFER:Thank you, Mr. President. I'd like to take a few hours to explain this 64-page bill.
(Laughter.)
SENATOR RANZENHOFER:This is the Not-For-Profit Revitalization Act of 2013, really the culmination of about 10 years of work; two years, more recently, with our office and the Attorney General's office.
The Not-For-Profit Law had not been changed in over 40 years. It was last changed in '69 when the Mets won the World Series and Neil Armstrong walked on the moon. So it's been a quite a number of years.
This bill will essentially make it easier for not-for-profits to form and go about their business. It's the product of a lot of culmination working with Assemblyman Brennan in the Assembly, the Bar Association of New York City and New York State, Peter Kiernan, Bill Josephson, Rose Mary Bailly from the Law Revision Commission, Jason Lilien, James Katz and Justin Berhaupt from the Attorney General's office, too many not-for-profits to mention. From my office, Mike Hettler, Randi Malman and others, and Ali Chaudhry and Ryan McAllister from our central staff.
Essentially what we did is we introduced this bill, we went around the state, we had a number of public hearings. The not-for-profits were instrumental in trying to reform.
Essentially what it does, it makes it easier for not-for-profits to operate in New York State. It provides some accountability with respect to the board of directors and the way they operate. Essentially what this will do, as I said, is reduce burdens and simplify regulation for our not-for-profits. This is a good day for the not-for-profits in New York State.
I vote aye, Mr. President. Thank you.
ACTING PRESIDENT VALESKY:Senator Ranzenhofer recorded in the affirmative.
Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1552: Senator Ball.
Ayes, 62. Nays, 1.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1553, Senator Boyle moves to discharge, from the Committee on Rules, Assembly Bill Number 8075 and substitute it for the identical Senate Bill Number 5849, Third Reading Calendar 1553.
ACTING PRESIDENT VALESKY:Substitution ordered.
THE SECRETARY:Calendar Number 1553, by Member of the Assembly Sweeney, Assembly Print Number 8075, an act to enact the Superstorm Sandy Assessment Relief Act.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1560, substituted earlier by Member of the Assembly Abbate, Assembly Print Number 6867, an act to amend the State Finance Law.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Recorded in the negative on Calendar Number 1560: Senator Ball.
Ayes, 62. Nays, 1.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1568, Senator Martins moves to discharge, from the Committee on Rules, Assembly Bill Number 8086 and substitute it for the identical Senate Bill Number for the identical Senate Bill Number 5865, Third Reading Calendar 1568.
ACTING PRESIDENT VALESKY:Substitution ordered.
THE SECRETARY:Calendar Number 1568, by Member of the Assembly Farrell, Assembly Print Number 8086, an act to amend the State Finance Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Those recorded in the negative on Calendar Number 1568 are Senators Avella, Ball, Latimer and Robach.
Ayes, 59. Nays, 4.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1573, by Senator Felder, Senate Print 5842A --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT VALESKY:The bill is laid aside.
Senator Libous, that completes the noncontroversial reading of the active list.
SENATOR LIBOUS:Thank you, Mr. President.
We're going to do the controversial reading, but we're going to take up Calendar Number 1573 first, please.
ACTING PRESIDENT VALESKY:The Secretary will ring the bells and place Calendar Number 1573 before the Senate, controversial.
The Secretary will read.
THE SECRETARY:Calendar Number 1573, by Senator Felder, Senate Print 5842A, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Senator Tkaczyk, why do you rise?
SENATOR TKACZYK:Will the sponsor yield for a question.
ACTING PRESIDENT VALESKY:Senator Flanagan, do you yield for a question?
SENATOR FLANAGAN:Yes, I will.
ACTING PRESIDENT VALESKY:Senator Flanagan yields.
SENATOR TKACZYK:Thank you, Senator Flanagan.
This is a bill that just came before us very recently. It's my understanding this is a bill that expands the rights of parents to secure tuition reimbursement placements before a final determination has been made even if there's a dispute between the parents and the districts.
This bill came before us last year as well, and the Governor -- it did pass both houses, and the Governor vetoed it. And in his veto message he said this bill would unfairly place the burden on taxpayers to support the provision of private education.
What has changed in this bill that you don't expect the Governor to veto it?
SENATOR FLANAGAN:Well, first of all, Mr. President, it's just a little hard to hear Senator Tkaczyk.
I caught most of what you said, but I gather the gist of it is what is different from last year compared to the bill of this year.
I agree with part of what you said; other parts I don't agree with. I'll start off with the bill from last year. And I'm glad you raised that point, because it's a salient point as it relates to the changes from last year.
Certainly the bill was passed last year by both houses and was ultimately vetoed by the Governor. The two primary components of the bill last year were that there had to be taking into account cultural information and background of the students who would be receiving these services and then, commensurate with that, there was implementation of timelines in terms of days. A strict timeline, I think one part was 90 days, the second part was 30 days. That was a significant departure from what IDEA requires under federal law. It was a departure from state law and from New York State regulation.
That bill is vastly different, the one from last year is vastly different from the one that we have before us. Where I disagree is with your premise in terms of what you think this bill is. This bill is a clarification in its enhancement and its enforcement of not only existing federal law but New York State statute and New York State regulation. And part of the challenge that's involved here is the fact that parents -- and it's not just about the parents, but it is about parents and ultimately about children -- that guidelines and timelines through regulation and statute are not all always being adhered to, which exacerbates situations for families who may legally be entitled to tuition reimbursement for a private placement of their child.
I do not agree whatsoever with your characterization that there is an automatic obligation on the part of the district to start paying tuition. This is consistent with what existing federal law is in terms of the placement through an IEP, through an impartial hearing officer, through the Office of State Review, and should anyone seek to take this matter to Supreme Court through an Article 78 proceeding. Nothing in that area changes whatsoever.
SENATOR TKACZYK:You have a list of the organizations that are --
ACTING PRESIDENT VALESKY:Senator Tkaczyk, are you asking Senator Flanagan to continue to yield?
SENATOR TKACZYK:Yes. Senator Flanagan, would you continue to yield?
SENATOR FLANAGAN:Yes, I will.
ACTING PRESIDENT VALESKY:Senator Flanagan yields.
SENATOR TKACZYK:There are a number of organizations that are opposed to this legislation. Do you have a list of those organizations?
SENATOR FLANAGAN:I have several memos in opposition, I have several memos in support.
SENATOR TKACZYK:I'd like to make sure I have all of the memos in opposition and memos in support. If you'll bear with, because my phone has been ringing off the hook and I've had plenty of emails about this issue and lots of concerned comments.
I've received memos in opposition from the New York Civil Liberties Union, NAACP, the League of Women Voters, Statewide School Finance Consortium, the New York City Mayor's Office, the New York City Department of Education, School Administrators Association, the Big Five, UFT, NYSUT, special education administrators, school business officials, School Boards Association, and the New York State School Superintendents Association.
I received one letter in support from the Catholic Church group.
Are there any other letters of support that you have that I don't have?
SENATOR FLANAGAN:Senator Tkaczyk, I don't have all the letters of support in front of me. But there are letters of support and memos of support from Agudath Israel, from a number of the private schools. And certainly there is a memorandum or letter of support from the Catholic Conference.
SENATOR TKACZYK:Do you agree --
ACTING PRESIDENT VALESKY:Senator Tkaczyk, are you asking Senator Flanagan to yield?
SENATOR TKACZYK:I'm sorry. Yes. Senator Flanagan, if you'd continue to yield.
SENATOR FLANAGAN:Yes, I do.
ACTING PRESIDENT VALESKY:Senator Flanagan yields.
SENATOR TKACZYK:There appears to be a lot of opposition to this bill. One of the memos -- I'll read to you -- from the New York State School Boards Association: "This bill will not accomplish the sponsor's well-intended goal of making certain students with disabilities receive needed services and appropriate programs in a timely manner.
"This bill is inconsistent with the federal Individuals with Disabilities Education Act, IDEA, and as a result puts schools in jeopardy of losing critical federal funding.
"The bill poses a significant unfunded mandate for school districts at a time when schools statewide are facing extremely challenging financial times. This measure is contrary to efforts in recent years made by the Governor and Legislature to reduce state-imposed unfunded mandates on schools."
Do you disagree with their description of this bill?
SENATOR FLANAGAN:Absolutely. And I'm so glad that you asked me that.
And since you raised it, I received two memos, one was more specific from the School Boards, and one was more general. The one that was more general was frankly more offensive. There were glaring generalities, there were assertions that were offensive to parents of children with special needs. And I think it is unfounded, a number of the comments that were contained, in that this is not a budget buster, it is not an unfunded mandate. It is a recognition of issues that affect parents and families of children with special needs.
And this is consistent with federal law through IDEA. In order to receive that federal funding, we need to be compliant on a regular basis, and we are. And this bill does not change any aspect of that whatsoever.
I don't believe for a second that we're going to lose federal funding. I don't believe for a second this is an unfunded mandate. And frankly, I don't believe a lot of what's written in the school boards memo because I think they're off-base.
And let me give you an example. Since you're asking about the memos, I'm going to give you an example. Right now a parent decides that they don't agree with a placement that a school has offered. And you've been involved in education, so you are well aware of this. the school district says go to Program A or do an industry program. The parent says, I don't like that, I'm going outside.
And it's a unilateral placement, and that's been castigated too. And ladies and gentlemen, that is absolutely what the law is right now. If we do nothing else with this bill, a parent has an unfettered right to go to a unilateral placement and challenge the determination made by a school district. Then, if either party doesn't agree, they can say I don't like it, I'm going an impartial hearing officer. There are timelines for that: 30 days of a reconciliation period, 45 days for a hearing and decision. That's set by federal law and New York State regulation. That's step two.
The third step, if either party is aggrieved and doesn't like the result, they can go to the State Office of Review. And there are guidelines and timelines there: 25 days if you serve it one way, 35 days if you serve it another, 30 days for the hearing, 60 days if there's consent. That's step three.
If either party continues to be aggrieved and they don't like the result, they can go to Supreme Court. They can bring an Article 78 within four months of that determination. At no point along the way, until there's an absolute final determination, is the school district obligated to pay tuition on a placement like that. Either party has the right to continue until a final determination, and that could be an action by the Supreme Court or it could be an action by the impartial hearing officer if either party or both parties accept that decision.
So there is nothing that mandates. And it is not different from what the law is now, that the school district has to pay while there is a pending action on the determination of the appropriateness of the parents' placement of their child.
SENATOR TKACZYK:Mr. President, may I ask the sponsor to continue to yield.
SENATOR FLANAGAN:Yes, I do.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR TKACZYK:There is a change, Senator Flanagan. And the change that I heard from the organizations that have written letters is that the parent may place a child in another setting if they don't agree with the setting that the school has determined, and that determination is at the result of an IEP meeting.
And if the parent disagrees with the placement, the parent can take them to another situation. It may be a private school that's not covered by SED. And that can be done before the final decision. If the parent appeals, they can place the child at another school and the school now has to pay for that program even though the final decision hasn't been reached.
That's the crux of the problem with this legislation. You're forcing schools to pay for tuition at other programs that may not be educationally appropriate and a final decision hasn't been rendered.
On the bill, Mr. President.
ACTING PRESIDENT VALESKY:Senator Tkaczyk on the bill.
SENATOR FLANAGAN:Was there a question?
ACTING PRESIDENT VALESKY:Did you have a question in there for Senator Flanagan?
SENATOR FLANAGAN:Well, actually, let me respond to your comment's last question.
I could not disagree more. A parent right now -- and this affects everyone in this room, either friend, family, relative or constituents. Everybody cares about education. Everybody cares about their kids in particular. When you have a child with special needs, that level of concern and enhancement goes through the roof.
You have a right right now, anyone in this room, if you disagree with the IEP determination and the school district is saying you have to go to this program, unilaterally, pursuant to federal law, state statute and regulation, you can say "I disagree and I'm placing my child here." There is no obligation on the part of a school district to start paying tuition until there is a final determination.
So your characterization of this is -- respectfully, I'm going to say is inaccurate.
SENATOR TKACZYK:Well, then I am joined by a huge number of organizations that are stating that.
On the bill, Mr. President.
ACTING PRESIDENT VALESKY:Senator Tkaczyk on the bill.
SENATOR TKACZYK:Our schools are already struggling to meet the financial needs of our children. We all care about our kids. As parents, as school board members, we care about our kids. We want the best for our kids. This bill does not help us deal with how we adequately fund education now. We are currently failing to adequately fund our schools. Schools now are getting funding levels from the 2008-2009 level.
I represent school districts that are very stressed. We have 24 school boards in my Senate district. Our parents have every right to come to our IEP meeting, advocate for their children. They don't always agree with the situation. They have a right to take their child to another location. But when that location is not appropriate, the school is in the position of having to pay for that service.
The bill before us subjects our schools to the potential loss of federal funds because it does not comply with federal law. And our schools may be inundated with lawsuits and higher costs.
ACTING PRESIDENT VALESKY:Excuse me, Senator Tkaczyk.
Senator Flanagan, why do you rise?
SENATOR FLANAGAN:Will Senator Tkaczyk yield to a question?
ACTING PRESIDENT VALESKY:Senator Tkaczyk, do you yield to Senator Flanagan for a question?
SENATOR TKACZYK:Certainly.
SENATOR FLANAGAN:Senator Tkaczyk, can you point to me -- inasmuch as this is a short bill, it's a two-page bill, can you point to me the language in this bill that shows where a school district is obligated to pay prior to a final determination?
SENATOR TKACZYK:Apparently it does not say that in the legislation.
(Laughter.)
SENATOR FLANAGAN:I'm sorry, Senator Tkaczyk, I could not hear you.
SENATOR TKACZYK:I'm sorry, it does not say that in the legislation, Senator Flanagan.
SENATOR FLANAGAN:Thank you.
SENATOR TKACZYK:May I continue?
ACTING PRESIDENT VALESKY:Senator Tkaczyk on the bill.
SENATOR TKACZYK:Our local school budgets are set for next year. There are no funds to cover additional costs that may be needed because of this unfunded mandate. This bill is being described as the largest unfunded mandate in years. It's being called a local school budget-buster bill. This bill will result, if passed and signed by the Governor, in a huge increase in costs to local school districts. It will result in classroom cuts that hurt our kids. We'll be forced to cut teachers and programs like art, music and sports.
I appreciate the concern to make sure all of our kids get an adequate education and our special needs kids are in educationally appropriate programs. This bill will hurt our schools' ability to adequately educate all our kids. I'll be voting no, and I urge any colleagues to do the same. And if it does get to the Governor, I hope that he vetoes it.
Thank you.
ACTING PRESIDENT VALESKY:Senator Flanagan on the bill.
SENATOR FLANAGAN:Yes, Mr. President, thank you.
This is a relatively short bill. And the intent behind this bill is to clarify some of the issues involving this area of the law. You have IDEA, you have state statute, you have state regulation.
Because there are problems in the field, one of the things we're trying to do is say adhere to the guidelines. So we're putting in state statute that you have to be in conformance with federal law. And let me give you an example. You can have a decision that goes, say, against a district and there is a decision that they have to pay. Well, one of the things we say in here now is if you have an agreement -- either by settlement, by hearing officer, by the state, or by a court -- you have to set down the terms of that agreement, including how the payment occurs and when.
Because parents, who are freaking out about the value of their kids' education and the well-being of their child, now have two problems. They're fighting with the district in terms of what may be an appropriate placement, and they may not always win. But they're also concerned because they're putting money out of their pocket. So what this forces this to do is now when there's a decision, you actually have to set down the conditions of that agreement, no matter what it is. That's good for everybody, and frankly it's very good for parents who are trying to take care of their children.
Now, it's also important to recognize that in these cases the burden of proof, if you take your kid and put them in an outside placement, the burden of proof lies with you throughout the entire process. The burden of proof is on the parent to prove that the placement is appropriate. And that is why there is no tuition payment until there's a final determination.
But Senator Tkaczyk, you brought up some memos, so I'm just going to comment on them briefly.
The New York Civil Liberties Union, who I thought was a vanguard and protector of all, has frustration with the fact that many such placements with these programs are affiliated with religious institutions, and that somehow this is going to have a segregative impact across the state. And it speaks to private or religious organizations without subjective and impartial review.
You can talk about Catholic schools, you can talk about private schools, you can talk about orthodox schools. The reality is this applies to everybody. It doesn't matter where you live, what type of private school you go to. This is about children getting appropriate placements.
The City of New York, they have a memo. Which frankly I am disgusted by part of the language that's in that memo, because here's one of the sentences. "Rather, the proposal seeks to serve only a self-selected group of students whose parents reject public school." That's offensive. That should be offensive to everybody in this room. Every parent is trying to make sure that their child is getting an appropriate education and that they are following the law.
The SAANYS memo, school administrators memo, says that payment of tuition has to start within 30 days of a settlement. There is nothing in the bill that says that. And I asked Senator Tkaczyk, show me something that says a school district has to pay. The reason you can't find it is because it's not there.
What we've done is enhance these guidelines, made it more efficient, and tried to make clear that this should work for everybody. It works fairly well, but there are a lot of times when it doesn't. So this is not about an unfunded mandate. And it's not about foisting costs schools in an inappropriate fashion.
I understand exactly what this is. And if you look -- we should just look to what the statute says. Now, I've read these memos. I work with all these organizations. And I'm going to tell you, by and large I believe they are dead wrong and inaccurate, not only in their assertions but on their facts. Like everyone else in this room, I take this obligation extremely seriously. There's at least 20 bills that are new mandates on school districts that never made it to the floor because of the concern that has been raised by you, Senator Tkaczyk, and all of us together.
So I understand what this is. It's not an unfunded mandate. It's about making it right and proper for families. Because if we're talking about education, it's not about the teachers, it's not about the school administrators, it's not about the school boards, it's about children and what are we going to do to ensure that they have an appropriate placement and that it's rectified with appropriate tuition payments at the right time.
Thank you.
ACTING PRESIDENT VALESKY:Thank you, Senator Flanagan.
The debate is closed. The Secretary will ring the bells. Senators are asked to proceed to the chamber for a vote.
SENATOR TKACZYK:Mr. President.
ACTING PRESIDENT VALESKY:Senator Tkaczyk, the debate has already been closed. I've asked the Secretary to ring the bells so that we may move to a roll call.
SENATOR GIANARIS:Mr. President, I believe Senator Tkaczyk rose before you closed the debate. So I would ask, if there was a mistake in not seeing her rise, that we please allow her to continue the debate.
ACTING PRESIDENT VALESKY:Senator Tkaczyk, why do you rise?
SENATOR TKACZYK:Will Senator Flanagan yield to a final question.
ACTING PRESIDENT VALESKY:Senator Flanagan, do you yield to one final question?
SENATOR FLANAGAN:Yes.
ACTING PRESIDENT VALESKY:Senator Flanagan yields.
SENATOR TKACZYK:The school budgets are set for the next school year. They've all passed, pretty much. How do schools pay for any additional funds that this legislation change will --
SENATOR FLANAGAN:I'm sorry?
SENATOR TKACZYK:How do school districts pay for any additional funds that they may incur from this legislation?
SENATOR FLANAGAN:Well, first of all, Senator Tkaczyk, since you have been involved in education, particularly on a school board, you know in the area of special education and regular ed, for that matter, there is fluctuations and there is fungibility in a lot of things that happen, not only in budgets but in terms of students moving in. You can have kids move in who don't need special ed. So there are factors that are affected all the time.
I don't frankly agree with your assertion, how are you going to pay for these extra costs, because there may not be any extra costs because these are things that people may be legally entitled to already.
So you could make the same argument, you could ask me the question, what do you do if 12 new kids move in during the school year? Well, one of the things you do is you adapt. And then when you supply your quarterly data to the State of New York, that will have an effect on the type of school aid that you will get. You know that again.
So it's not just kids who are in special ed. And frankly, if these kids do come in and school districts come to the State of New York, they will be entitled to reimbursement for public excess cost aid, private excess cost aid. So there are plenty of ways to address this.
But I still completely disagree with the idea that this is simply going to add more cost. This is about making sure that children get the appropriate placement. And in the cases where parents have to put money out-of-pocket and they prevail, that they are entitled to reimbursement in a timely and consistent fashion.
SENATOR TKACZYK:May I ask one more question of the sponsor.
SENATOR FLANAGAN:Yes.
ACTING PRESIDENT VALESKY:Senator Flanagan, do you yield?
SENATOR FLANAGAN:Yes, I do.
ACTING PRESIDENT VALESKY:Senator Flanagan yields.
SENATOR TKACZYK:If the parents do not prevail, how does the school recoup the cost that they've paid to cover the tuition at another school?
SENATOR FLANAGAN:Senator Tkaczyk, that's not even an issue. Because they're not paying. They don't pay until there's a final determination. There is no situation, until there's a final determination, where a school is obligated to pay. If a parent prevails, they have to pay.
If a parent loses and they've run the risk by putting their child in a private placement and put money out-of-pocket -- because that's what they have to do, because the schools don't pay for it because it's pursuant to federal law and state law and regulation -- there's nothing for them to recoup because they haven't laid out any money.
SENATOR TKACZYK:Thank you.
ACTING PRESIDENT VALESKY:The debate is closed. The Secretary will ring the bells.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Adams to explain his vote.
SENATOR ADAMS:I heard both sides of the discussion on this, and I'm going to vote in favor of this bill. I find that, you know --
SENATOR LIBOUS:Senator, I can't hear you. Is your mic on?
SENATOR ADAMS:Thank you, Senator Libous.
I stated I heard both sides of the debate. I'm going to vote in favor of this bill. I find that behind every child with special needs is a special parent. And I think that we have really dropped the ball on how we're dealing with the issue of placement of children with special needs.
And when you hear the number of calls and just tension that goes with the complexity of raising a child, and then you have to compound that with a child with special needs, we just have not done the correct job.
And just to hear that the tuition payment is not final until there's a final ruling, that's enough for me to feel comfortable that the parent is willing to risk, is because they really believe that their child is not receiving the right placement. And so I'm going to vote in favor of this bill.
ACTING PRESIDENT VALESKY:Senator Adams in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
It's late. This is a bill that has only passed one house, the Senate, because the Assembly left not taking this bill up.
What I do think is critical for me to understand, based on the fact that there are so many organizations who frankly never agree on anything who are opposed to this bill, is to, for the record, be clear that my understanding is Senator Flanagan, in debating this bill, is making clear that it is his understanding the intent of the Legislature is no school should be paying out money for tuition if the parent chooses to move their child to an alternative placement until the full and complete process is completed.
Not simply upon the review officer, but rather when a complete process under federal law is completed -- that can include court -- and it has been ruled that the parents have the right to send their child to an alternative nonpublic school, then and only then would there be an obligation for the school system to pay anything.
So again, I'm voting no. But I think it's important to get the intent of the Legislature down that there is no obligation for the school district to be paying this money in advance of the completion of the full federal process. Not an expectation the school puts out the money and if the parents lose, then they have an obligation to reimburse the school system, because that really isn't going to work for anyone.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger in the negative.
Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1573 are Senators Breslin, Carlucci, Gianaris, Hoylman, Kennedy, Krueger, Latimer, Martins, Montgomery, Parker, Perkins, Rivera, Serrano, Stavisky, Stewart-Cousins and Tkaczyk. Also Senators Gipson and O'Brien.
Absent from voting are Senators Diaz, Peralta and Sampson.
Ayes, 41. Nays, 18.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, pursuant to Rule 6, Section 2, I move that we remain in session past 12:00 a.m. to complete bills that will be before this body.
ACTING PRESIDENT VALESKY:So ordered.
SENATOR LIBOUS:Thank you, sir.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:At this time we will go to the controversial reading and we will take up Calendar 1152.
ACTING PRESIDENT VALESKY:The Secretary will put Calendar 1152 before the Senate.
THE SECRETARY:Calendar Number 1152, by Senator Young, Senate Print Number 3079A, an act to amend the Civil Rights Law.
ACTING PRESIDENT VALESKY:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I just have basically one question, if the --
ACTING PRESIDENT VALESKY:Senator Young, will you yield to a question?
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT VALESKY:Senator Young yields.
SENATOR HASSELL-THOMPSON:Thank you.
Do you see the scope of this bill including reporters?
SENATOR YOUNG:Through you, Mr. President, I'd like to explain to Senator Hassell-Thompson the purpose and the genesis of this particular piece of legislation.
In 2003, I remember quite well, I was in the State Assembly then and there was a major push to pass Stephanie's Law, which was named after Stephanie Fuller, who came to Albany because she actually had been spied upon, videotaped by her landlord. He had actually put a video camera in a smoke detector over her bed and was surreptitiously videotaping her, obviously in private moments and so on.
At that time the laws had not caught up to technology. Because the law said that if someone had videotaped her from her window, that would have been protected under New York State law. But because it was actually inside her house, there was nothing that could be done. So people said, Hey, wait a minute, there's something wrong here. We need to change the law.
About a year or so ago, in my office I got a call from a frantic mother. And she said that she had young children, they have a home, there's a backyard, and they have a neighboring house. In the neighboring house is a registered sex offender. And the sex offender had video cameras, surveillance cameras that typically are trained on your own house, you know, to make sure there's no one intruding and so on. But what this sex offender had done is that he had turned the cameras to point toward the family's backyard where the children were playing, playing in the pool, and was basically spying and surreptitiously videotaping her children.
We looked into what that family could do, and basically there was absolutely nothing they could do.
Now, I believe that the front of your house, because it's the front of your house, is subject to videotaping and there's not much you can do about it. But I also believe that in your own backyard you should have that right of privacy and protection for your family, the expectation you can enjoy your backyard without someone videotaping you.
SENATOR HASSELL-THOMPSON:I appreciate, I truly do, I appreciate the explanation.
On the bill.
ACTING PRESIDENT VALESKY:Senator Hassell-Thompson on the bill.
SENATOR HASSELL-THOMPSON:I had every intention of supporting the bill, and I still do.
I was just very curious, however, because many times people think that public servants, people who are in the public, have no right to privacy. And when I looked at this bill, I saw some possibilities in terms of saying within your own domain you should have the right to privacy.
And I become concerned because I've had people recently taking photos. And I went out and asked -- and he was in the front yard. And I asked, "What are you doing?" He said, "Well, I was just taking pictures of some of the houses in the neighborhood." And I said, "But when I saw you, you were taking pictures of my house, and you don't have permission." And I said, "Who do you work for?" And he says, "No, well, I just was taking pictures."
I'm a public person. I resisted for a very long time having a website. And I certainly resisted having a Facebook. But anybody who knows me knows that I now have a website and I now do Facebook. And so to the extent that I can, I control as much as of the publicity about me as I can. I enjoy aspects of being a very public person, but I don't like the idea that people feel that because I'm a public servant that they can encroach in my yard and walk around and view my house when there's no For Sale sign or no invitation to do so.
And so I just become very disturbed that there is this notion out there that because you're a public person, everybody has a right to view you in whatever manner that they do.
I would like to hope that when we pass this bill we can continue to explore other venues of privacy that some of us have a right to. When I'm in the public arena, you have -- and anyone has -- any right to access to me that's appropriate, to me and to anybody else. But there has to be some level of privacy that we're entitled to and not be thought to be hiding anything.
And so I just appreciate the fact that you've responded to constituents and to other people who come to you out of concern. But I think what you've done is take the first step that we need to take in terms of how do we have some control over the amount of exposure that we have to the e-world.
And I appreciate the fact that you have done this, and you certainly have my support. And I'd like to continue the conversation to see what more we can do about an appropriate level of privacy that I think everybody is entitled to have.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Thank you, Senator Hassell-Thompson.
The debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Absent from voting: Senators Diaz, Peralta, Sampson and Sanders.
Ayes, 58.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, if we can take up Calendar Number 436, please.
ACTING PRESIDENT VALESKY:The Secretary will put Calendar 436 before the house.
THE SECRETARY:Calendar Number 436, by Senator Golden, Senate Print 3851B, an act to amend the Real Property Tax Law.
ACTING PRESIDENT VALESKY:Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President. If the sponsor would please yield for some questions.
ACTING PRESIDENT VALESKY:Senator Golden, do you yield?
SENATOR GOLDEN:Yes, Mr. President.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR KRUEGER:Thank you.
So this is a bill that allows additional carve-outs from the current law for buildings that are not eligible for current J-51 but would like to be put into the old J-51.
Could you please tell me the names of the buildings or the addresses of the buildings this would apply to?
SENATOR GOLDEN:I don't have a list of those buildings. I will tell you that J-51 has been around since the 1950s and that it has been grandfathered throughout the 1950s until this new J-51 that came into effect that would be for 12/31/2011 to 12/31/2014. And it left out the properties that were naturally grandfathered since the 1950s.
So those buildings that went out, gave a notice to the city, notified the city that they were going for the J-51 credits, went and got financing and did that six months or eight months before 12/31/2011, and then they would at 12/31/2011 be denied the ability to use those tax credits because the first time in the history of these tax credits they eliminated the opportunity for those properties to have access to those tax abatements.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT VALESKY:Senator Golden, do you yield?
SENATOR GOLDEN:Yes, Mr. President.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR KRUEGER:So you can't name the addresses or the developers, but you reference some knowledge of these concerns. So can you name one of them, any of them?
SENATOR GOLDEN:I don't have a list here of the properties. But I can tell you that it was any list that already had made a notice. There could be 20, 30, 40 properties that could have made notice of intent to the City of New York.
We believe it's somewhere a lot less. We believe it's about $5 million cost to the city. And we're doing -- this is a matter of equity. This is a matter of doing what's right for affordable housing for our communities, for fixing up distressed buildings, for helping those tenants in these distressed buildings, and for helping those blocks. It's doing the right thing for affordable housing and for making sure that we've got good housing stock in our communities. And that's why this has been around since 1950. It's a great program.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GOLDEN:Yes, Mr. President.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR KRUEGER:What evidence is there that these buildings -- since we don't even know what they are -- would in fact be affordable units?
SENATOR GOLDEN:I've worked in my community, as you have, Senator Krueger, and you've seen what the J-51 tax credit -- well, maybe not in Manhattan. But in the outer boroughs we do know what J-51 credits do. I've gone down these blocks, I've used J-51 credits working with different buildings to try to clean up neighborhoods and to clean up these different blocks.
And this housing that this abatement and tax credits are used on are all rent-stabilized apartments, and they remain rent-stabilized apartments throughout the tax basement abatement.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor could continue to yield.
SENATOR GOLDEN:I do, Mr. President.
ACTING PRESIDENT VALESKY:The sponsor yields.
SENATOR KRUEGER:So I don't get an answer on what these buildings are, their addresses, who owns them. What evidence is there that these selected carve-out buildings are in fact rent-regulated units?
SENATOR GOLDEN:These are not carve-outs, Mr. President. These are properties that were left in the doughnut hole. They were incentivized to do a J-51 tax credit, and then the City of New York decided that we're not going to do that tax credit, after that person went out and got financing to fix up that building.
So what we did -- and they went and got that financing based on the history of J-51. And J-51 has been grandfathered since the 1950s. The only requirement is that the property has to be done within a 36-month period.
So that 36-month period stays within our legislation. So we know if the properties come forward, there's already a notice of intent with the city, so the city has a list of these properties and they know which properties they are and which properties are under construction. And some of these lists can go back as far as, I don't know, 2002, 2001.
We would presume that those properties are no longer in that tax abatement program and there are new ones, the one that came in 2011 in January or the one that came in in 2010 or 2009. Those properties would very much probably come forward to see if they could participate and complete the J-51 tax credit requirements.
SENATOR KRUEGER:On the bill, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger on the bill.
SENATOR GOLDEN:Mr. President, in my finishing to that answer, Senator Krueger obviously can get that list. And if she can't, I will get her a list.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Senator Krueger on the bill.
SENATOR KRUEGER:On the bill.
Thank the sponsor for his answers.
It's 12:30, so probably neither of us can get the list right now. But we know it would be a list somewhere within the City of New York's government.
And I have before me a memo of opposition by city government pointing out that of course we've had J-51s since the '50's and we have modified it many times because of the recognition that things change. Communities that needed incentivizing in 1950 are not the same as those who need it in 2013. Communities where it made sense to use certain kinds of abatements and credits in 1975 don't make sense in 2013. Government evolves, programs evolve.
J-51 is a very expensive program to the City of New York, and it has to give up tax revenue and give up being able to have that money for other purposes, including affordable housing.
And so in fact in January of this year the Governor signed Chapter 4 of the Laws of 2013 to provide much-needed reform to the J-51 program. It was thought through. I actually had problems with some of the bill, but it has passed. And among changes were J-51 benefits for conversions of nonresidential buildings into residences, which means it's very unlikely this has anything to do with rent stabilization units.
They decided that there were certain categories that would no longer fall into J-51. Those are primarily because these are in areas of the City of New York where it's actually the pricing is quite high. The projects have continued. They do not need the incentives because they're already in fact being built. There's no basis to believe, according to the City of New York, that these are affordable units, and these are not protection of existing rent-regulated units.
So in fact I do not believe this carve-out bill has anything to do with any units that would be affordable, rent-regulated, in areas that need the incentives. And the City of New York would have to give up quite a bit of tax revenue; the sponsor said perhaps $5 million. Since none of us have the list, obviously none of us really know.
But I do know the City of New York is asking us to oppose the bill, and it's their tax money and their program. So I think something more is afoot, amiss. I have more questions; we won't be able to get answers. But I will respect that the City of New York knows what it wishes to do when it comes to its own tax abatement programs, and I would urge that we recognize local control of its own tax abatement programs and vote no on this bill.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:The debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Young to explain her vote.
SENATOR YOUNG:Thank you, Mr. President, to explain my vote.
I commend Senator Golden for bringing forth this important piece of legislation. The J-51 program, as Senator Golden said, has been around since the 1950s, and it dates all the way back to when there were tenements that had cold-water flats, no running water, maybe no heat. And it was a mechanism for people to be able to afford to make significant upgrades to those properties so that the tenants had a decent, affordable place to live.
When we renewed the J-51 program, it had expired. And there were people who went out and got financing, as Senator Golden said, in good faith to complete these projects. Unfortunately, in the bill that was passed, these individuals were left out. And this is a question of equity and fairness.
You know, the issue was brought up about the list. There really is no accurate list of which properties are involved. When you ask the city, they give you a list that goes back years and years and years, and most of those projects already have been completed. So we don't have any real accurate accounting of which properties would be in this, except that we know it's a limited universe of properties.
So again, I commend Senator Golden for bringing this issue forward. And because it is a good piece of legislation, it's good policy, I urge all of my colleagues to vote yes and I will be voting yes.
ACTING PRESIDENT VALESKY:Senator Young in the affirmative.
Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President.
The purpose of an incentive program like J-51, as I understand it, is to encourage future action or good behavior; in this case, affordable housing. It really makes no sense to me to provide a tax-break incentive retroactively.
It's a scandalous waste of money. I vote no, Mr. President.
ACTING PRESIDENT VALESKY:Senator Hoylman in the negative.
Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 436 are Senators Adams, Avella, Gipson, Hoylman, Krueger, Montgomery, Perkins, Rivera, Serrano and Squadron.
Those Senators absent from voting: Senators Diaz, Peralta, Sampson and Sanders.
Ayes, 48. Nays, 10.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, could we go to messages from the Assembly, please.
ACTING PRESIDENT VALESKY: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 7667B.
SENATOR LIBOUS:Is the bill on the desks yet?
ACTING PRESIDENT VALESKY:No.
SENATOR LIBOUS:Senator Krueger, I'm sorry, we can't do it yet. I know you would not want us to do the bill unless it were on the desks.
Mr. President.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:There will be an immediate meeting of the Judiciary Committee in Room 332. It will be a quick, brief meeting to do one nomination.
In the meantime, we are going to take up the Resolution Calendar. We're going to go back to motions and resolutions. I believe there's two items, two resolutions that a couple of members want to speak briefly on, and we'll let them do that while we go to Judiciary. And then we're going to look for Senator Krueger's handout.
ACTING PRESIDENT VALESKY:Immediate meeting of the Senate Judiciary Committee in Room 332 of the Capitol.
Returning to motions and resolutions, Senator Libous.
SENATOR LIBOUS:Mr. President, be with you in a second.
Mr. President, can we have some order in the chamber. We're not going anywhere. We called Judiciary, and we're going to do something.
ACTING PRESIDENT VALESKY:Judiciary Committee members should quietly proceed to Room 332 in the Capitol.
Senator Libous.
SENATOR LIBOUS:Mr. President, at this time could we adopt the Resolution Calendar that's on the desks.
ACTING PRESIDENT VALESKY:All those in favor of adopting the Resolution Calendar signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:The Resolution Calendar is adopted.
SENATOR LIBOUS:Mr. President, could you call on Senator Kennedy to speak on Resolution 2594, please, which was adopted by the house on June 20th.
ACTING PRESIDENT VALESKY:Senator Kennedy on Resolution 2594.
SENATOR KENNEDY:Thank you, Mr. President.
I do know it's late. I know everybody is moving around. I'm just -- if I could just have some order, Mr. President, only because of this resolution honoring an individual who gave so much to his community who recently passed.
ACTING PRESIDENT VALESKY:If we could have some quiet in the chamber, please, so that we may hear Senator Kennedy's presentation.
SENATOR KENNEDY:Thank you very much, Mr. President.
Today we pay tribute and separate the life of the Honorable Judge Frank Sedita, Jr. As the son of three-term Buffalo mayor Frank Sedita and the father of Erie County District Attorney Frank Sedita III, he and his family have contributed immensely to the Western New York community and to the City of Buffalo.
Frank is also remembered as a loving husband, and he's survived by his loving wife of 52 years, Marilyn Hemstock Sedita.
Our thoughts and prayers go out to the Sedita family today. Judge Sedita was a well-respected man and a jurist who did great things for our city, our region, and our state.
Some of his most impressive work came during the years he served on the City of Buffalo's Housing Court. He didn't just sit on the bench and wait for cases to come before him. Judge Sedita went out into the community and fought to improve the quality of life in neighborhoods throughout the City of Buffalo. He took on the slumlords. He went after dilapidated housing. And he stood up for city residents who long needed a strong ally like him.
Judge Sedita didn't hesitate to impose tough deadlines for necessary repairs, and he made sure stiff penalties were in place if you deliberately left property in deplorable conditions. Some started calling him "Maximum Frank," for his no-nonsense approach to improving the city's housing standards.
But it wasn't just about being tough on slumlords, it was about making sure people in Buffalo knew someone had their back. He understood that homeowners and tenants alike deserve dignity and they deserve the chance to be proud of the roof they pay to keep over their heads.
As a housing court judge, he made extraordinary progress and helped making living conditions far greater for many residents of the City of Buffalo. But his housing court days are just a short period of his decades of service to our community and to our state. In 1994 he became a State Supreme Court judge and continued his work to protect and preserve justice in the Empire State.
For 16 years, he served on the Supreme Court, and during those years he did all he could to lift and strengthen our community. Those who had to present their cases before him in court knew him as a tough, strong-willed judge. But his friends knew him differently. They recognized his generosity and compassion, and they appreciated all that he did for our community.
Frank Sedita, Jr., had a steadfast commitment to the City of Buffalo. He was raised here, attended Buffalo public schools, graduated from Canisius College and earned his law degree at the University of Buffalo. He dedicated his life to improving the lot of his neighbors in the City of Buffalo and in all of Western New York.
Judge Sedita stood for justice, and he was relentless in his pursuit of justice. He will certainly be missed by all whose lives were touched by this great man. May he rest in peace.
And with that said, Mr. President, I'd like to open up this resolution for cosponsorship. Thank you very much.
ACTING PRESIDENT VALESKY:The resolution will be open for cosponsorship. Anyone wishing not to be a cosponsor should notify the desk.
Senator Grisanti on the resolution.
SENATOR GRISANTI:Yes, thank you, Mr. President.
I've actually known Judge Sedita on a personal level because, serving 20 years as an attorney, I appeared in front of him many times; just recently, probably about six or seven months ago, before he became ill.
You know, his son Frank is the district attorney in Erie County, does a fine job.
But the funny thing about it is, you know, you go back to history, is that my father, my mother, and believe it or not my mother-in-law, they used to play together when they were kids in the lower west side of Buffalo in a very quaint Italian town, basically going to Cristiano's Bakery, places like that, always meeting, going to dances. From what I understand, he was an excellent dancer.
And, you know, he was a gentleman and a scholar who's going to be missed by many. As a matter of fact, they had the mass ceremony here this past Thursday. We were in session; I was sorry to miss that. I texted his son, told him my prayers are with him, from myself and my wife.
But I appreciate Senator Kennedy in recognizing the other Senators from Western New York on the resolution. It's important because he was an icon in the City of Buffalo, and he's going to be sorely missed.
Thank you, Mr. President.
ACTING PRESIDENT VALESKY:Thank you, Senator Grisanti.
The resolution has been adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, could we just pause for a moment. We're still looking for Senator Krueger's bill.
ACTING PRESIDENT VALESKY:The Senate will stand at ease temporarily.
(Whereupon, the Senate stood at ease at 12:49 a.m.)
(Whereupon, the Senate reconvened at 12:51 a.m.)
SENATOR LIBOUS:Mr. President, could we go to reports of standing committees. I believe there's a report of the Judiciary Committee at the desk.
ACTING PRESIDENT CARLUCCI:Reports of standing committees.
The Secretary will read the report of the Judiciary Committee.
THE SECRETARY:Senator Bonacic, from the Committee on Judiciary, reports the following nomination.
As judge for the Court of Claims, the Honorable Denise L. Sher.
ACTING PRESIDENT CARLUCCI:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
Today, Saturday, June 22nd, the Judiciary Committee met and considered the nomination of Denise L. Sher, of Hewlett Harbor, to the Court of Claims.
Pursuant to provisions of Section 2 of Article 6 of the Constitution and Section 68 of the Judiciary Law, the Judiciary Committee has reported the nomination to the Senate.
Judge Sher presently is a judge of the Nassau County Supreme Court. Her nomination is to the Court of Claims to fill a term expiring on December 31, 2022.
She is from Hewlett Harbor, on Long Island, and she's a constituent of Senator Skelos. She could not appear when we did the other judges because she has an ongoing trial.
The Judiciary Committee unanimously supported her. We liked her qualifications. We deemed her highly qualified based on her wealth of experience as a judge. I strongly urge this body to support the nomination of Judge Sher to the Court of Claims.
Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Bonacic.
Senator Martins on the nomination.
SENATOR MARTINS:Mr. President, I am proud to stand here and second the nomination of Judge Sher to the Court of Claims.
I had the privilege over the years to have appeared before Judge Sher. I know her. She is a judge's judge. She's a wonderful jurist, the kind of judge that there should be more of out there, frankly. She's good on the law -- she's great on the law. She's kind to those who appear before her, but she has a way about her that makes everyone feel welcome.
She'll be a wonderful jurist on the Court of Claims. She's been a wonderful jurist, and she certainly has the gravitas, the knowledge to do this job. I am proud to stand here and urge my colleagues to support this nomination.
ACTING PRESIDENT CARLUCCI:The question is on the nomination of Denise L. Sher for the position of judge of the Court of Claims. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT CARLUCCI:Opposed, nay.
(No response.)
ACTING PRESIDENT CARLUCCI:Denise L. Sher is hereby confirmed as judge for the Court of Claims.
(Applause.)
ACTING PRESIDENT CARLUCCI:Senator Libous.
SENATOR LIBOUS:Now, Mr. President, can we return to messages from the Assembly.
I believe there's a hand-down on a bill for Senator Krueger.
ACTING PRESIDENT CARLUCCI: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 7667B.
ACTING PRESIDENT CARLUCCI:The bill is ordered to third reading.
The Secretary will read.
THE SECRETARY:Calendar Number 1633, by Member of the Assembly Gottfried, Assembly Print Number 7667B, an act to amend the Public Health Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 180th day.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
Tonight we're passing a bill that earlier passed in the Assembly, my bill Senate Bill 3137A, which I have been working on for several years.
It's a bill that can have enormous impact for women and their families in New York. It's a bill that provides standards for review and referral for women who may be suffering from maternal depression, often known as postpartum depression. In fact, according to the New York State Department of Health, postpartum depression is the most common medical disorder after childbirth.
Denial, ignorance, stigma are major roadblocks to wellness. When maternal depression is left unrecognized, untreated or undertreated, preventable devastating continuations may occur. Research has shown that untreated, maternal depression during pregnancy and after having a baby negatively affects the birth outcome, infant mental health, bonding attachment, breast-feeding and child development. And of course many of us know the horror stories when there's an increased risk of maternal suicide, infanticide, filicide, when it's untreated and undetected.
This issue was brought to my attention originally by a woman who I respect immensely and had worked with professionally, a trained social worker who came to explain to me how, when she had her child, she didn't understand what hit her. She lived in the City of New York with amazing medical care and hospitals, she was a trained social work professional herself, and yet she found herself suffering from horrendous thoughts of suicide and harming her child, inability to take care of herself or her child.
She and her husband were in panic. She kept saying to doctors, "What is wrong with me? I need help." And yet nobody seemed to be able to even explain to her what she was suffering.
So I started reaching out to other women who work in this field, particularly the Postpartum Resource Center of New York, which is actually located in Nassau County. And I reached out to psychiatrists who work with women who suffer from this, and to other mothers who came forward to tell me of their experiences. We had roundtables. We worked to identify what works and what doesn't. We looked at state legislation from around the country and even international models for how to diagnose, evaluate, and ensure that women are referred to the services that they need.
It's an enormously large number of women. The record is that up to 10 percent of women who are having infants each day we are here could be suffering from some model of postpartum depression or maternal depression.
This bill may not go far enough, like so many of the pieces of legislation we end up doing here, but what it will do, it will have the Department of Health establish a best-practice protocol for evaluating postpartum depression, maternal depression. Pediatricians and OB-GYNs throughout the state are very excited about setting up a model not only where they can do the screenings, but there is an improved and expanded system of referral to ensure these women are getting the help that they need.
I believe that with passage of this law New York State will in fact be the front runner in the country for legislation that actually designs a best-practice model to make sure that women, perhaps all women who give birth in our state, are screened to ensure that if they need help, they get it. Because in fact we pretty much make sure that no woman goes through the completion of her pregnancy without having prenatal care. And then we have our well-baby system and our insurance system in New York for the first year of a child's life where there are at least six visits to a pediatrician, and pediatricians will be involved in the screening.
So I am very pleased that this bill is before us, I don't know if it's Saturday morning officially or still Friday night. Well, in real life it's Saturday morning. I'm not sure we actually gaveled in and out.
But I'm very pleased this bill is before the house. It has passed the Assembly. I would be surprised if anyone wanted to vote against it. And then I would also be very surprised if it didn't become law in this state, and we will all have done a good and important thing for women's health and their children.
Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Thank you, Senator Krueger.
Seeing no other Senators wishing to explain their vote, the Secretary will announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
Senator Libous.
SENATOR LIBOUS:There will be an immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT CARLUCCI:There will be an immediate meeting of the Rules Committee in Room 332.
(Whereupon, the Senate stood at ease at 1:01 a.m.)
(Whereupon, the Senate reconvened at 1:23 a.m.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT CARLUCCI:Senator Libous.
SENATOR LIBOUS:If we could go to reports of standing committees, I believe there's a report of the Rules Committee at the desk.
ACTING PRESIDENT CARLUCCI:Reports of standing committees.
Yes, there is a report from 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 951, by Senator Parker, an act to amend the Penal Law;
1199, by Senator Carlucci, an act to amend the Real Property Tax Law;
1643, by Senator Carlucci, an act to amend the Public Health Law;
2313, by Senator DeFrancisco, an act to amend the Labor Law;
2328A, by Senator Klein, an act to amend the Social Services Law;
2728, by Senator Adams, an act to amend the Penal Law;
3179, by Senator Rivera, an act authorizing the Urban Development Corporation;
3335B, by Senator Griffo, an act to amend the Parks, Recreation and Historic Preservation Law;
3361, by Senator DeFrancisco, an act to amend the Labor Law;
3532, by Senator O'Brien, an act to amend the Correction Law;
3899, by Senator Young, an act to amend the Family Court Act;
4043B, by Senator Bonacic, an act to amend the Uniform City Court Act;
4229, by Senator Golden, an act to amend the Civil Service Law;
4668B, by Senator Carlucci, an act to amend the Public Health Law;
4812B, by Senator Marcellino, an act to amend the Alcoholic Beverage Control Law;
4998, by Senator Lanza, an act to amend the Environmental Conservation Law;
5083, by Senator Seward, an act to amend the Insurance Law;
5086, by Senator LaValle, an act to amend the Education Law;
5101C, by Senator Stewart-Cousins, an act authorizing the leasing of certain parkland;
5117A, by Senator Savino, an act to amend the Social Services Law;
5118, by Senator Savino, an act in relation to tax exemptions;
5150A, by Senator Maziarz, an act to amend the Public Service Law;
5238, by Senator Golden, an act to amend the Tax Law;
5668, by Senator Klein, an act to amend the Alcoholic Beverage Control Law;
5697, by Senator Grisanti, an act to amend Part H of Chapter 1 of the Laws of 2003;
5715A, by Senator Bonacic, an act to amend the General Obligations Law;
5752, by Senator Klein, an act to amend the Alcoholic Beverage Control Law;
5759A, by Senator Golden, an act to amend the Administrative Code of the City of New York;
5818, by Senator Zeldin, an act in relation to the formulation and implementation of a statewide plan for evacuation;
5823, by the Senate Committee on Rules, an act to amend the Alcoholic Beverage Control Law;
5829, by Senator Stewart-Cousins, an act to amend Chapter 118 of the Laws of 1969;
5853, by Senator Farley, an act to legalize, validate, ratify and confirm;
5856, by Senator Marchione, an act to amend Chapter 486 of the Laws of 1964;
5857, by Senator Boyle, an act to authorize the Family Service League;
5859, by Senator Fuschillo, an act to amend the Vehicle and Traffic Law;
5861, by Senator Maziarz, an act to amend the Public Authorities Law;
5864, by Senator Nozzolio, an act to amend the State Finance Law;
5869, by Senator Kennedy, an act to amend the Penal Law;
And 5885, by Senator Savino, an act to amend the Labor Law.
All bills reported direct to third reading.
ACTING PRESIDENT CARLUCCI:Senator Libous.
SENATOR LIBOUS:Mr. President, I move to accept the report of the Rules Committee.
ACTING PRESIDENT CARLUCCI:All in favor of accepting the report of the Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT CARLUCCI:Opposed, nay.
(No response.)
ACTING PRESIDENT CARLUCCI:The Rules Committee report is accepted.
Senator Libous.
SENATOR LIBOUS:Mr. President, we have in front of us Senate Supplemental Calendar Number 57C. That's what we're going to take up right now, 57C. Noncontroversial reading.
ACTING PRESIDENT CARLUCCI:The Secretary will read Supplemental Calendar 57C, noncontroversial.
THE SECRETARY:Calendar Number 1577, by Senator Parker, Senate Print 951, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1595, Senator Carlucci moves to discharge, from the Committee on Finance, Assembly Bill Number 565 and substitute it for the identical Senate Bill Number 1199, Third Reading Calendar 1595.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1595, by Member of the Assembly Cusick, Assembly Print Number 565, an act to amend the Real Property Tax Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1596, Senator Carlucci moves to discharge, from the Committee on Health, Assembly Bill Number 4025 and substitute it for the identical Senate Bill Number 1643, Third Reading Calendar 1596.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1596, by Member of the Assembly Galef, Assembly Print Number 4025, an act to amend the Public Health Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Krueger.
SENATOR KRUEGER:Could I ask you to give me the bill number we are on?
ACTING PRESIDENT CARLUCCI:We are on Calendar Number 1596.
SENATOR KRUEGER:Thank you very much.
ACTING PRESIDENT CARLUCCI:The Secretary will call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Zeldin to explain his vote.
SENATOR ZELDIN:Very briefly. I believe that the bill is well-intentioned. Reading the bill, I just wish that the boundaries were a little bit better defined on the playground. Very well-intentioned, but I have to vote no.
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1596: Senators Little, Marchione, Ranzenhofer and Zeldin.
Ayes, 59. Nays, 4.
ACTING PRESIDENT CARLUCCI:the bill is passed.
THE SECRETARY:Calendar Number 1597, by Senator DeFrancisco, Senate Print 2313, an act to amend the Labor Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1597: Senators Addabbo, Avella, Breslin, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Kennedy, Klein, Krueger, Latimer, Parker, Perkins, Rivera, Savino, Serrano, Squadron, Stavisky and Stewart-Cousins. Also Senator Montgomery.
Ayes, 43. Nays, 20.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1598, by Senator Klein, Senate Print 2328A, an act to amend the Social Services Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1599, by Senator Adams, Senate Print 2728, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Recorded in the negative on Calendar 1599: Senator Montgomery.
Ayes, 62. Nays, 1.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1600, by Senator Rivera --
SENATOR RIVERA:Lay the bill aside for the day.
ACTING PRESIDENT CARLUCCI:The bill is laid aside for the day.
THE SECRETARY:In relation to Calendar Number 1601, Senator Griffo moves to discharge, from the Committee on Cultural Affairs Tourism, Parks and Recreation, Assembly Print 2734B and substitute it for the identical Senate Bill Number 3335B, Third Reading Calendar 1601.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1601, by Member of the Assembly Brindisi, Assembly Print Number 2734B, an act to amend the Parks, Recreation and Historic Preservation Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect November 1, 2013.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1601: Senators DeFrancisco, Libous, Maziarz and Ritchie.
Ayes, 59. Nays, 4.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1602, by Senator DeFrancisco, Senate Print 3361, an act to amend the Labor Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 120th day.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1603, by Senator O'Brien, Senate Print 3532, an act to amend the Correction Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1604, by Senator Young, Senate Print 3899, an act to amend the Family Court Act.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Recorded in the negative on Calendar Number 1604: Senator Ball.
Ayes, 62. Nays, 1.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1605, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 6552B and substitute it for the identical Senate Bill Number 4043B, Third Reading Calendar 1605.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1605, by Member of the Assembly Morelle, Assembly Print Number 6552B, an act to amend the Uniform City Court Act.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 8. This act shall take effect on the first of April.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1606, by Senator Golden --
ACTING PRESIDENT CARLUCCI:This bill doesn't have a home-rule message at the desk. It will be laid aside for the day.
The Secretary will continue to read.
THE SECRETARY:In relation to Calendar Number 1607, Senator Carlucci moves to discharge, from the Committee on Rules, Assembly Bill Number 7500A and substitute it for the identical Senate Bill Number 4668B, Third Reading Calendar 1607.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1607, by Member of the Assembly Steck, Assembly Print Number 7500A, an act to amend the Public Health Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 9. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1607: Senators Ball, Marchione and Ritchie. Also Senators O'Mara, Ranzenhofer, Little and Young.
Ayes, 56. Nays, 7.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1608, by Senator Marcellino, Senate Print 4812B, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Recorded in the negative on Calendar 1608: Senator Fuschillo.
Ayes, 62. Nays, 1.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1609, by Senator Lanza, Senate Print 4998, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1610, Senator Seward moves to discharge, from the Committee on Insurance, Assembly Print Number 6855 and substitute it for the identical Senate Bill Number 5083, Third Reading Calendar 1610.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1610, by Member of the Assembly Silver, Assembly Print 6855, an act to amend the Insurance Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 90th day.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1611, Senator LaValle moves to discharge, from the Committee on Finance, Assembly Bill Number 7225 and substitute it for the identical Senate Bill Number 5086, Third Reading Calendar 1611.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1611, by Member of the Assembly DenDekker, Assembly Print Number 7225, an act to amend the Education Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2017.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Marchione recorded in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1612, Senator Stewart-Cousins moves to discharge, from the Committee on Rules, Assembly Bill Number 7362D and substitute it for the identical Senate Bill Number 5101C, Third Reading Calendar 1612.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1612, by Member of the Assembly Pretlow, Assembly Print Number 7362D, an act authorizing.
ACTING PRESIDENT CARLUCCI: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 CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1613, Senator Savino moves to discharge, from the Committee on Rules, Assembly Bill Number 7342A and substitute it for the identical Senate Bill Number 5117A, Third Reading Calendar 1613.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1613, by Member of the Assembly Gottfried, Assembly Print 7342A, an act to amend the Social Services Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1614, by Senator Savino, Senate Print 5118, an act in relation to tax exemptions.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1615, by Senator Maziarz, Senate Print 5150A, an act to amend the Public Service Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1616, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 2355 and substitute it for the identical Senate Bill Number 5238, Third Reading Calendar 1616.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1616, by Member of the Assembly Scarborough, Assembly Print 2355, an act to amend the Tax Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
This is a bill that would provide a tax credit for angel investors. It would cost the City of New York, they estimate, $15 million. I don't believe in giving away other people's tax money without their support, and the City of New York is opposed.
And then, frankly, if you're going to be an investor, you take a risk, you hopefully get a regard. You actually shouldn't get a tax credit on top of that too.
So I think it's bad policy, and I don't want to give away other people's tax dollars without their approval. I think we should vote no, thank you. And I will.
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1616: Senators Avella, Krueger, LaValle and Marcellino.
Ayes, 59. Nays, 4.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1617, by Senator Klein, Senate Print 5668, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:In relation to Calendar 1617, Senator Montgomery in the negative. Ayes, 62. Nays, 1.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1618, by Senator Grisanti, Senate Print 5697, an act to amend Part H of Chapter 1 of the Laws of 2003.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
This was a bill that would be an extender, I believe for three years, of a brownfields tax credit program that has been part of an expose of a recent Office of the State Comptroller's report that nearly a billion dollars of New York State taxpayer dollars have gone into these credits, frankly with almost none of them going for true cleanup of property that wouldn't otherwise be used.
In fact, ironically, much of the property that has received these brownfield credits up until now are on the island of Manhattan. And I know many of us have visited there; some of us live there and proudly represent it. We're not really known to be sort of a brownfields, destitute, underutilization of land kind of island. So why is a billion dollars of brownfield credits mostly going to Manhattan?
There's something wrong with the program. It shouldn't be extended, it should be fixed. I vote no.
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1618: Senators Avella, Gianaris, Hoylman, Krueger, Rivera, Squadron and Tkaczyk. Also Senators Perkins and Serrano.
Ayes, 54. Nays, 9.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1619, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 7828A and substitute it for the identical Senate Bill Number 5715A, Third Reading Calendar 1619.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1619, by Member of the Assembly Weinstein, Assembly Print Number 7828A, an act to amend the General Obligations Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Hannon to explain his vote.
SENATOR HANNON:Thank you, Mr. President.
I'm going to be voting no on this bill. It has merits, pros and cons, but the thing that tilts in my balance is the fact that it's retroactive and applies to all settlements entered into on or after November 12, 2009.
I just don't think that's an appropriate way to pass measures, and I will accordingly vote against it.
ACTING PRESIDENT CARLUCCI:Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I stand in opposition to this proposed legislation. As you just heard from Senator Hannon, in 2009 the Legislature enacted the General Obligations Law to protect plaintiffs and defendants from unwarranted liens, reimbursement and subjugation claims by insurers.
Since then, since the 2009 enactment, it has been relied upon by all parties to settlements involving personal injury or wrongful death claims.
Today's bill was introduced in response to a March 2013 federal Eastern District Court decision, Wurtz v. Rawlings. The district court found that certain aspects of the 2009 state law were preempted by the Employee Retirement Income Security Act, otherwise known as ERISA. That court's decision is now under appeal.
I oppose this bill on the basis that it is inappropriately presumptive for this Legislature to attempt to rewrite our law while the district court decision is still under appeal. On appeal, the appellate court will have the opportunity to determine whether or not our current law is actually preempted by ERISA. Until the appellate court decision is rendered, it is premature for this Legislature to initiate a modification of the General Obligations Law. I will be voting no.
ACTING PRESIDENT CARLUCCI:Senator Hassell-Thompson to be recorded in the negative.
Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: I just want to explain a little bit more on why I'm voting yes.
This body passed legislation that did protect claimants from unwarranted liens claimed by insurance companies, claims for money they wanted back out of a settlement on insurance policies paying for medical coverage that the insured paid for. They paid for it. They get the benefit for what they paid for.
Well, we didn't want that to happen. We wanted insurance company to pay for medical coverage that they paid for, not out of the settlement that they got from some party who was negligent in hurting them. So we passed a law.
The law was held to be unenforceable by some court. The problem is cases have been settled under this law for the last four years. So now, after cases are settled, settlements are paid, the insurance companies are claiming, claiming to want, out of that settlement that happened four years ago, these dollars based upon this case today. That's why it has to be retroactive.
So what we're doing is clarifying the language to make sure the intent that we had in this body in 2009 is taken care of and the law is as we intended it, even if there might have been some mistake in the language.
So I vote aye.
ACTING PRESIDENT CARLUCCI:Senator DeFrancisco to be recorded in the affirmative.
Senator Bonacic to explain his vote.
SENATOR BONACIC:I'm driving a car, I hit another car, not my fault. I have insurance. The insurance company pays me for my medical expenses. Okay so far? I pay that insurance company a premium every year to cover my medical expenses.
Now, what happens is that the insurance company says, I don't like paying this out, I want to go after me, the driver and the owner, or I want to go after the insurance company of the other car. Okay? That's the scenario.
Senator Stewart-Cousins passed a bill in 2009 that said to the insurance company of me driving the car: You can't go after the owner, me the driver, or the other insurance company, because we paid you a premium. This is your responsibility.
The problem with the Stewart-Cousins bill, it was so broad that a judge said it could apply to ERISA health plans, and they are large self-insured health plans. So what we're just doing is making the language tighter that says that insurance company, who I paid my premium to, can't go after me or the other insurance company of the driver. The way it should be.
That's what this bill is. I'm voting yes.
ACTING PRESIDENT CARLUCCI:Senator Bonacic to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1619 are Senators Ball, Hannon, Hassell-Thompson, Hoylman, Little and Martins.
Ayes, 57. Nays, 6.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1620, Senator Klein moves to discharge, from the Committee on Rules, Assembly Bill Number 7817 and substitute it for the identical Senate Bill Number 5752, Third Reading Calendar 1620.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1620, by Member of the Assembly Crespo, Assembly Print Number 7817, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1621, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7803A and substitute it for the identical Senate Bill Number 5759A, Third Reading Calendar 1621.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1621, by Member of the Assembly Abbate, Assembly Print Number 7803A, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1622, by Senator Zeldin, Senate Print 5818, an act in relation to the formulation and implementation of a statewide plan.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Libous.
SENATOR LIBOUS:Are we on the Senator Zeldin bill, Calendar 1622?
ACTING PRESIDENT CARLUCCI:Yes.
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT CARLUCCI:Calendar Number 1622 is laid aside for the day.
The Secretary will continue to read.
THE SECRETARY:In relation to Calendar Number 1623, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 7992 and substitute it for the identical Senate Bill Number 5823, Third Reading Calendar 1623.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1623, by Member of the Assembly Quart, Assembly Print 7992, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
Well, we've seen variations on this bill. I'm not going to spend a lot of time now at 2:00 in the morning other than to say imagine you had a caterer who set up in a building who lost a court case at the highest court in the land, who's opposed by the community and the community board, who's within 200 feet of a church who strongly objects to the continuation of their having a liquor license.
They don't have a liquor license. They did get a beer and wine license. And that was a negotiation, and everybody accepted that. But now they come back again attempting to get a carve-out from the law despite objections by the Presbyterian church within 200 feet, despite the objection of the community board and the community.
And just for the record, as I urge my colleagues to vote no tonight, the memo to the bill says: "The Alcoholic Beverage Control Law prohibits the sale for on-premise consumption of alcohol at any location within 200 feet of a place of worship. This bill will allow the State Liquor Authority to issue a license to a person using the permanent catering facilities of a church, synagogue or other place of worship."
Here's the deal. The catering company has taken over a church. It is not it the permanent catering facility of that church. That is what the court ruled. And because it's frankly a Christian Science church, they don't have alcoholic events because it violates their religious teaching. So the catering hall has absolutely nothing to do with the church building. It's not the permanent catering hall of the church. So the memo is correct.
And again, it's not not objected to by a church, because the actual church next door, which operates as a church within 200 feet, strongly objects and has continued to strongly object.
So I'm urging everyone to vote no because it's the history of this house that you don't violate the 200-foot rule unless the church or synagogue or mosque has said we're okay. And clearly here they have said they're not okay. The courts have said this isn't okay. They are not good actors in this arrangement. And in fact the bill does not do what it states it will do.
I urge a vote of no. Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Senator Krueger to be recorded in the negative.
Senator Squadron to explain his vote.
SENATOR SQUADRON:Because the bill is sponsored by Senator Rules, who is not here to speak on behalf of the bill, I vote no.
ACTING PRESIDENT CARLUCCI:Senator Squadron to be recorded in the negative.
Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1623 are Senators Avella, Bonacic, Fuschillo, Gianaris, Hassell-Thompson, Hoylman, Krueger, LaValle, Marcellino, Martins, Montgomery, Nozzolio, Perkins, Rivera, Serrano, Squadron, Stavisky and Stewart-Cousins. Also Senator Boyle. Also Senator Espaillat.
Ayes, 43. Nays, 20.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1624, Senator Stewart-Cousins moves to discharge, from the Committee on Rules, Assembly Bill Number 6721B and substitute it for the identical Senate Bill Number 5829, Third Reading Calendar 1624.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1624, by Member of the Assembly Abinanti, Assembly Print Number 6721B, an act to amend Chapter 118 of the Laws of 1969.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 5. This act shall take effect July 1, 2013.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1625, Senator Farley moves to discharge, from the Committee on Rules, Assembly Bill Number 5662A and substitute it for the identical Senate Bill Number 5853, Third Reading Calendar 1625.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1625, by Member of the Assembly Santabarbara, Assembly Print 5662A, an act to legalize, validate, ratify and confirm.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1626, Senator Marchione moves to discharge, from the Committee on Rules, Assembly Bill Number 7592C and substitute it for the identical Senate Bill Number 5856, Third Reading Calendar 1626.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1626, by Member of the Assembly McLaughlin, Assembly Print 7592C, an act to amend Chapter 486 of the Laws of 1964.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1627, by Senator Boyle, Senate Print 5857, an act to authorize.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1628, Senator Fuschillo moves to discharge from the Committee on Rules, Assembly Bill Number 2285A and substitute it for the identical Senate Bill Number 5859, Third Reading Calendar 1628.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1628, by Member of the Assembly Weisenberg, Assembly Print Number 2285A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1629, by Senator Maziarz, Senate Print 5861, an act to amend the Public Authorities Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 8. This act shall take effect on the same date and in the same manner as a chapter of the Laws of 2013.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
THE SECRETARY:Calendar Number 1630, by Senator Nozzolio, Senate Print 5864, an act to amend the State Finance Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Hassell-Thompson and Kennedy in the negative.
ACTING PRESIDENT CARLUCCI:The bill is passed.
SENATOR FUSCHILLO:Mr. President.
ACTING PRESIDENT CARLUCCI:Senator Nozzolio.
SENATOR FUSCHILLO:Senator Fuschillo.
(Laughter.)
ACTING PRESIDENT CARLUCCI:Oh, Senator Fuschillo.
(Laughter.)
SENATOR FUSCHILLO:Let me do this again.
(Laughter.)
ACTING PRESIDENT CARLUCCI:Senator Fuschillo, why do you rise?
(Laughter.)
SENATOR FUSCHILLO:That's better.
Point of order. No videos are allowed, or pictures to be taken in the gallery -- I'd like the President to make that very clear -- if you're not a member of the press.
ACTING PRESIDENT CARLUCCI:There are no photographs to be taken from the gallery. The Sergeant-at-Arms will please address anyone doing that.
Thank you, Senator Fuschillo.
The Secretary will read.
THE SECRETARY:In relation to Calendar Number 1631, Senator Kennedy moves to discharge, from the Committee on Rules, Assembly Bill Number 2623A and substitute it for the identical Senate Bill Number 5869, Third Reading Calendar 1631.
ACTING PRESIDENT CARLUCCI:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1631, by Member of the Assembly Gabryszak, Assembly Print Number 2623A, an act to amend the Penal Law.
ACTING PRESIDENT CARLUCCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CARLUCCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CARLUCCI:Senator Kennedy to explain his vote.
SENATOR KENNEDY:Thank you very much, Mr. President.
This is a vote on Jay J's Law. It has been several years that it's taken to get to us this point. And there's so many individuals I'd like to recognize for getting us here tonight.
First of all, I want to thank the leadership, Leaders Klein and Skelos, for bringing this to the floor for a vote. I want to thank my colleagues on both sides of the aisle for helping to drive this initiative forward.
From the Western New York delegation, I want to recognize my colleagues Senator Maziarz, Senator Gallivan, Senator Ranzenhofer, Senator Grisanti, Senator Young for working to make this happen. This was truly a team effort, and it took everybody working together to make this happen.
I especially also want to recognize the leader of the Democratic Conference, Leader Andrea Stewart-Cousins, who personally involved herself toward the end of this process when this bill unfortunately began to hit roadblocks over in the Assembly.
But we got it through, and we got it done. And this is a historic vote, a long-awaited, hard-fought victory and an important step towards finally securing justice for Jay J Bolvin.
As an infant, Jay J suffered extreme physical abuse at the hands of his own father. The brutal beatings left Jay J with 11 fractured bones, a severe seizure disorder, and developmental delays he's fighting through every single day.
But Jay J's father, a man with a history of violence against his own children, was let off with a relatively light sentence. In 2007, Jay J's father was convicted of third-degree assault after beating another one of his sons and breaking his arm.
Four years later came his violent attacks against little Jay J. However, the current look-back period for the criminal justice system to consider previous convictions while seeking to impose aggravated assault charges was only three years. Jay J's father missed an aggravated assault charge by just one year. It handcuffed the courts and prevented a more severe penalty.
Enacting Jay J's Law tonight will change that. It enacts an important improvement to the state's aggravated assault codes, and it will help protect children from violent repeat abuse.
Jay J's Law will pry open the look-back window from three to 10 years and empower law enforcement to impose aggravated assault charges on abusers that have a history of severely and repeatedly hurting defenseless children.
Nobody fought harder for this bill than Jay J's family: His grandparents, Tabitha and Joseph Retzer, his uncle Kevin and aunt Chris Retzer made multiple trips from Western New York to the State Capitol to lobby lawmakers and secure support for Jay J's Law, and they brought with them little Jay J. They're watching this tonight, after 2 o'clock in the morning. They've been waiting over 12 hours to see this historic passage of this law.
The most courageous advocate in all of this, of course, was Jay J himself. The family's commitment to getting Jay J's law passed is only surpassed by their commitment to helping Jay J recover from the injurious he suffered as a result of the abuse he endured. Let's be clear, it is Jay J's story of recovery and the tireless fight of the Retzer family that have been the driving forces behind this movement to strengthen state law against child abuse.
However, this fight is not over. We must do all we can to prevent child abuse and ensure those who hurt children are kept behind bars for a long, long time. New York State needs to continue toughen laws against child abuse. It starts with Jay J's Law, and it must go on until we have once and for all secured justice for all survivors of child abuse across our state.
We must always remain diligent in our efforts to protect New York's children and relentless in our pursuit of even stronger penalties for those who hurt kids.
Mr. President, I vote aye. Again, I thank all of my colleagues on both sides of the aisle for making this night the historic night that it is and enacting Jay J's Law to protect the children of New York State.
Thank you, Mr. President.
ACTING PRESIDENT CARLUCCI:Senator Kennedy to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT CARLUCCI:The bill is passed.
Calendar Number 1632 is high and will be laid aside for the day.
Senator Libous, that completes the reading of the noncontroversial calendar.
Senator LaValle.
SENATOR LaVALLE: Mr. President, we should stand at ease, please.
ACTING PRESIDENT CARLUCCI:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 2:11 a.m.)
SENATOR LIBOUS:Madam President, would you call on Senator Gianaris, please.
ACTING PRESIDENT SAVINO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Madam President.
There will be an immediate meeting of the Democratic Conference in the Democratic Conference Room.
ACTING PRESIDENT SAVINO:There will be an immediate meeting of the Democratic Conference in the Democratic Conference Room.
Senator Libous.
SENATOR LIBOUS:Madam President, there will be a Rules Committee meeting at 4:00 o'clock in Room 332.
ACTING PRESIDENT SAVINO:There will be a Rules Committee meeting at 4:00 a.m. in Room 332.
The Senate will continue to stand at ease.
(Whereupon, the Senate reconvened at 4:17 a.m.)
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I believe, if we could go to reports of standing committees, there's a report of the Rules Committee at the desk.
ACTING PRESIDENT VALESKY:Reports of standing committees.
The Secretary will read the Rules Committee report.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Assembly Print 508, by Member of the Assembly Hooper, an act to authorize the Commissioner of General Services;
Assembly Print 8097, by Member of the Assembly Hooper, an act to amend the General Municipal Law;
Senate Print 786A, by Senator Diaz, an act to amend the General Business Law;
3564A, by Senator Bonacic, an act to amend the Labor Law;
3810B, by Senator Marcellino, an act to amend the Education Law;
4095, by Senator Robach, an act to amend the State Finance Law;
4371A, by Senator Gallivan, an act to amend the Executive Law;
4459A, by Senator Klein, an act to amend the Vehicle and Traffic Law;
4461A, by Senator Klein, an act to amend the General Municipal Law;
4530A, by Senator Klein, an act to amend the Civil Practice Law and Rules;
4531, by Senator Little, an act to amend the Tax Law;
4532, by Senator Flanagan, an act to amend the Tax Law;
4814, by Senator Golden, an act to amend the Public Authorities Law;
4866, by Senator Griffo, an act to amend the County Law;
4882, by Senator Farley, an act to amend the Tax Law;
4983A, by Senator Griffo, an act to amend the Tax Law;
5104, by Senator Ritchie, an act to amend the Tax Law;
5116, by Senator Espaillat, an act to amend the Elder Law;
5137, by Senator Flanagan, an act to amend the General Municipal Law;
5215A, by Senator Fuschillo, an act to amend the Public Health Law;
5465A, by Senator Young, an act to amend the Real Property Actions and Proceedings Law;
5663, by the Senate Committee on Rules, an act to amend the Administrative Code of the City of New York;
5719, by Senator Skelos, an act to amend the Real Property Actions and Proceedings Law;
5737, by Senator Golden, an act to amend the Real Property Tax Law;
5773A, by Senator Savino, an act to amend the Labor Law;
5797, by Senator Golden, an act to amend the Tax Law;
5809, by Senator Nozzolio, an act to amend the County Law;
5820, by Senator Lanza, an act relating to the resident toll rates;
5824, by the Senate Committee on Rules, an act to amend the Hudson River Park Act;
And Senate Print 5839A, by Senator Lanza, an act to amend the Criminal Procedure Law.
All bills reported direct to third reading.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:I move to accept the report of the Rules Committee.
ACTING PRESIDENT VALESKY:All in favor of accepting the report of the Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT VALESKY:Opposed, nay.
(No response.)
ACTING PRESIDENT VALESKY:The Rules Committee report is accepted.
Senator Libous.
SENATOR LIBOUS:Mr. President and members, you should have 57D on your desks. Those of you who are still awake, we'll do 57D.
If you don't have it, then we're not going to start until we have it.
(Pause.)
SENATOR LIBOUS:Okay, does everybody have the calendar? We'll have the noncontroversial reading.
ACTING PRESIDENT VALESKY:We're on the noncontroversial reading of Senate Supplemental Calendar 57D.
The Secretary will read.
THE SECRETARY:Calendar Number 1634, by Member of the Assembly Hooper, Assembly Print Number 508, an act to authorize.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1634 are Senators Boyle, Fuschillo, Hannon, LaValle, Marcellino, Martins, Nozzolio, Skelos, Young and Zeldin.
Ayes, 53. Nays, 10.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1635, by Member of the Assembly Hooper, Assembly Print Number 8097, an act to amend the General Municipal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1635 are Senators Fuschillo, Hannon, Marcellino, Martins, Skelos and Zeldin.
Ayes, 57. Nays, 6.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1636, Senator Diaz moves to discharge, from the Committee on Rules, Assembly Bill Number 158A and substitute it for the identical Senate Bill Number 786A, Third Reading Calendar 1636.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1636, by Member of the Assembly Crespo, Assembly Print Number 158A, an act to amend the General Business Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 180th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Gipson in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1637, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 4810A and substitute it for the identical Senate Bill Number 3564A, Third Reading Calendar 1637.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1637, by Member of the Assembly Abbate, Assembly Print 4810A, an act to amend the Labor Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Those recorded in the negative on Calendar Number 1637 are Senators Gallivan, LaValle, Marcellino, Martins, Ranzenhofer, Seward and Zeldin.
Ayes, 56. Nays, 7.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1638, by Senator Marcellino, Senate Print 3810B, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 28. This act shall take effect two years after the date on which it shall have become a law.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Those recorded in the negative on Calendar Number 1638 are Senators Ball, DeFrancisco, Gallivan, Nozzolio and Ranzenhofer.
Ayes, 58. Nays, 5.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1639, by Senator Robach, Senate Print 4095, an act to amend the State Finance Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1639 are Senators Marchione and Ranzenhofer.
Ayes, 61. Nays, 2.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1640, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 7970 and substitute it for the identical Senate Bill Number 4371A, Third Reading Calendar 1640.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1640, by Member of the Assembly O'Donnell, Assembly Print Number 7970, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1641, Senator Klein moves to discharge, from the Committee on Rules, Assembly Bill Number 4327A and substitute it for the identical Senate Bill Number 4459A, Third Reading Calendar 1641.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1641, by Member of the Assembly Glick, Assembly Print Number 4327A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 15. This act shall take effect on the 30th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1641 are Senators Ball, Bonacic, Griffo, LaValle, Ranzenhofer and Zeldin. Also Senator DeFrancisco.
Ayes, 56. Nays, 7.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1642, by Senator Klein, Senate Print 4461A, an act to amend the General Municipal Law.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Little in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1643, Senator Klein moves to discharge, from the Committee on Rules, Assembly Bill Number 5582A and substitute it for the identical Senate Bill Number 4530A, Third Reading Calendar 1643.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1643, by Member of the Assembly Weinstein, Assembly Print Number 5582A, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Senator Klein to explain his vote.
SENATOR KLEIN:Thank you, Mr. President.
Very briefly, this is a piece of legislation that I worked on with State Attorney General Eric Schneiderman. The problem that exists right now is there's many foreclosures that are taking place. And unfortunately, many of the attorneys who are bringing these foreclosure actions in many cases can't prove that they have any type of claim to the property.
The Office of Court Administration tried to implement a system where they can streamline these cases, and unfortunately created thousands and thousands of cases that are not moving forward through the foreclosure process and bypassing the settlement conference that we did several years ago in this house.
So I think this will allow, I think, the attorneys to do something that's fair and very simple, prove that their case has merit and they have the right to bring a foreclosure action by proving that they have title to the property in the foreclosure.
So I urge all my colleagues to vote yes on this legislation.
ACTING PRESIDENT VALESKY:Senator Klein in the affirmative.
Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1643 are Senators DeFrancisco, Farley, Hannon, Little, Nozzolio, Ranzenhofer, Young, Bonacic, Griffo, O'Brien, Seward, and also Senator Marchione.
Ayes, 51. Nays, 12.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1644, Senator Little moves to discharge, from the Committee on Rules, Assembly Bill Number 6548 and substitute it for the identical Senate Bill Number 4531, Third Reading Calendar 1644.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1644, by Member of the Assembly Stec, Assembly Print Number 6548, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 4. This act shall take effect December 1, 2013.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1644 are Senators Ball, Carlucci, Dilan, Gipson, Kennedy, O'Brien, Rivera and Tkaczyk.
Ayes, 55. Nays, 8.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1645, Senator Flanagan moves to discharge, from the Committee on Rules, Assembly Bill Number 4855 and substitute it for the identical Senate Bill Number 4532, Third Reading Calendar 1645.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1645, by Member of the Assembly Lavine, Assembly Print Number 4855, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1646, by Senator Golden, Senate Print 4814, an act to amend the Public Authorities Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1647, by Senator Griffo, Senate Print 4866, an act to amend the County Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1647 are Senators Ball, Carlucci, Dilan, Gipson, O'Brien and Tkaczyk.
Ayes, 57. Nays, 6.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1648, Senator Farley moves to discharge, from the Committee on Rules, Assembly Bill Number 7020 and substitute it for the identical Senate Bill Number 4882, Third Reading Calendar 1648.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1648, by Member of the Assembly Butler, Assembly Print Number 7020, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1648 are Senators Ball, Carlucci, Dilan, Gipson, Kennedy, Marchione, O'Brien, Rivera and Tkaczyk.
Ayes, 54. Nays, 9.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1649, Senator Griffo moves to discharge, from the Committee on Rules, Assembly Bill Number 7599 and substitute it for the identical Senate Bill Number 4983A, Third Reading Calendar 1649.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1649, by Member of the Assembly Blankenbush, Assembly Print Number 7599, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect December 1, 2013.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar 1649 are Senators Ball, Carlucci, Dilan, Gipson, Kennedy, Rivera and Tkaczyk. Also Senator Marchione.
Ayes, 55. Nays, 8.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1650, Senator Ritchie moves to discharge, from the Committee on Investigations and Government Operations, Assembly Print Number 4761 and substitute it for the identical Senate Bill Number 5104, Third Reading Calendar 1650.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1650, by Member of the Assembly Russell, Assembly Print Number 4761, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1650 are Senators Ball, Carlucci, Dilan, Gipson, Kennedy, Marchione, O'Brien, Rivera and Tkaczyk.
Ayes, 54. Nays, 9.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1651, Senator Espaillat moves to discharge, from the Committee on Aging, Assembly Print Number 7231 and substitute it for the identical Senate Bill Number 5116, Third Reading Calendar 1651.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1651, by Member of the Assembly Rosa, Assembly Print Number 7231, an act to amend the Elder Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1652, Senator Flanagan moves to discharge, from the Committee on Rules, Assembly Bill Number 6435 and substitute it for the identical Senate Bill Number 5137, Third Reading Calendar 1652.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1652, by Member of the Assembly Jaffee, Assembly Print Number 6435, an act to amend the General Municipal Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1653, Senator Fuschillo moves to discharge, from the Committee on Codes, Assembly Bill Number 365B and substitute it for the identical Senate Bill Number 5215A, Third Reading Calendar 1653.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1653, by Member of the Assembly Dinowitz, Assembly Print Number 365B, an act to amend the Public Health Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1654, Senator Young moves to discharge, from the Committee on Rules, Assembly Bill Number 7834B and substitute it for the identical Senate Bill Number 5465A, Third Reading Calendar 1654.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1654, by Member of the Assembly Wright, Assembly Print Number 7834B, an act to amend the Real Property Actions and Proceedings Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1655, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 7826 and substitute it for the identical Senate Bill Number 5663, Third Reading Calendar 1655.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1655, by Member of the Assembly Aubry, Assembly Print Number 7826, an act to amend the Administrative Code of the City of New York.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT VALESKY:There is a home-rule message at the desk.
The bill is laid aside.
THE SECRETARY:Calendar Number 1656, by Senator Skelos, Senate Print Number 5719, an act to amend the Real Property Actions and Proceedings Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1657, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7827 and substitute it for the identical Senate Bill Number 5737, Third Reading Calendar 1657.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1657, by Member of the Assembly Farrell, Assembly Print Number 7827, an act to amend the Real Property Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1658, Senator Savino moves to discharge, from the Committee on Rules, Assembly Bill Number 7911B and substitute it for the identical Senate Bill Number 5773A, Third Reading Calendar 1658.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1658, by Member of the Assembly Rosa, Assembly Print Number 7911B, an act to amend the Labor Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1659, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7806A and substitute it for the identical Senate Bill Number 5797, Third Reading Calendar 1659.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1659, by Member of the Assembly Silver, Assembly Print Number 7806A, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1660, by Senator Nozzolio, Senate Print 5809, an act to amend the County Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1660 are Senators Ball, Carlucci, Dilan, Gipson, O'Brien and Tkaczyk.
Ayes, 57. Nays, 6.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1661, by Senator Lanza, Senate Print Number 5820, an act relating to the resident toll rates.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1662, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 8031 and substitute it for the identical Senate Bill Number 5824, Third Reading Calendar 1662.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1662, by Member of the Assembly Gottfried, Assembly Print 8031, an act to amend the Hudson River Park Act.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT VALESKY:The bill is laid aside.
THE SECRETARY:In relation to Calendar Number 1663, Senator Lanza moves to discharge, from the Committee on Rules, Assembly Bill Number 8071A and substitute it for the identical Senate Bill Number 5839A, Third Reading Calendar 1663.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1663, by Member of the Assembly Paulin, Assembly Print Number 8071A, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous, that concludes the noncontroversial reading of Senate Supplemental Calendar 57D.
SENATOR LIBOUS:Mr. President, may we have the controversial reading of the calendar.
ACTING PRESIDENT VALESKY:The Secretary will ring the bells and place Calendar 1655 before the Senate, controversial.
The Secretary will read.
THE SECRETARY:Calendar Number 1655, by Member of the Assembly Aubry, Assembly Print Number 7826, an act to amend the Administrative Code of the City of New York.
SENATOR AVELLA:Explanation.
ACTING PRESIDENT VALESKY:Senator Avella has requested an explanation, Senator Libous.
SENATOR LIBOUS:I'm going to take a crack at this. Queens is a long way from Binghamton, but we're going to try.
This is an alienation of parkland for the USTA.
SENATOR AVELLA:Through you, Mr. President, will the Senator yield for a couple of questions.
SENATOR LIBOUS:I'll give it a shot.
ACTING PRESIDENT VALESKY:Senator Libous yields.
SENATOR AVELLA:My first question is, who is the official applicant of this park alienation? Who officially requested it?
SENATOR LIBOUS:The Office of the Mayor of New York City. Mr. President, through you.
SENATOR AVELLA:And will the Senator continue to yield.
SENATOR LIBOUS:Sure I will.
ACTING PRESIDENT VALESKY:Senator Libous yields.
SENATOR AVELLA:What does the actual proposal entail?
SENATOR LIBOUS:A 0.68-acre transfer of parkland from New York City to the USTA.
SENATOR AVELLA:Mr. President, will the Senator continue to yield.
SENATOR LIBOUS:Mr. President, I'm not done. I'm not done.
SENATOR AVELLA:Oh, okay. Good. Good.
SENATOR LIBOUS:And a 1.56-acre substitution of parkland that includes five tennis courts to be used by the City of New York Department of Parks.
SENATOR AVELLA:Will the Senator continue to yield.
SENATOR LIBOUS:I'll do the best I can.
SENATOR AVELLA:I apologize, but I don't think that's a sufficient answer. What does the actual application involve in terms of the construction? Why do they need the parkland?
SENATOR LIBOUS:They're looking to upgrade facilities for the U.S. Open, Mr. President.
SENATOR AVELLA:Again, I hate to be persistent, Mr. President, but can the Senator be a little more specific.
SENATOR LIBOUS:Can't be anymore specific than that, sir.
Mr. President, you tell the Senator I'm doing the best I can.
SENATOR AVELLA:Does the Senator know -- I'm sorry, Mr. President. Through you, will the Senator yield to another question.
SENATOR LIBOUS:Sure, Mr. President.
ACTING PRESIDENT VALESKY:He continues to yield.
SENATOR AVELLA:Obviously this involves an expansion of the existing center. It will involve more cars coming to the facility. Does the Senator know how many more cars will be involved with the new facility?
SENATOR LIBOUS:I don't know. But I do know that I've been by the facility, and there's a big parking lot there.
(Laughter.)
SENATOR AVELLA:Again, Mr. President, through you. Does the Senator realize, based upon his answer to the question, that even with the existing facility the USTA parks 4,600 cars on parkland, on grassland, every single time they have the U.S. Open? Is the Senator aware of that?
SENATOR LIBOUS:I am now, Mr. President.
(Laughter.)
SENATOR AVELLA:Again, through you, Mr. President, is the Senator aware that even with the new parking garage that will be built there still will not be enough spots for the cars that will visit the facility and, even with the additional parkland, cars will be parking on parkland every time there's an event there?
SENATOR LIBOUS:Mr. President, I understand what the Senator is saying, and I know he's serious with his questions. And I don't mean to be flippant at five minutes to 5:00 in the morning, but --
(Laughter.)
SENATOR LIBOUS:I'm sorry. I'm sorry.
SENATOR AVELLA:Would you like to stand at ease?
(Laughter.)
SENATOR LIBOUS:Mr. President, through you. I would guess that it's going to be better than it is now with the additional land.
SENATOR AVELLA:Through you, Mr. President, will the Senator continue to yield.
ACTING PRESIDENT VALESKY:Senator Libous, would you like to continue to yield?
SENATOR LIBOUS:Yes.
(Laughter.)
ACTING PRESIDENT VALESKY:Senator Libous yields.
SENATOR AVELLA:Would the Senator recognize -- we're getting serious now.
SENATOR LIBOUS:Senator, I'm sorry, I'm taking this very seriously.
(Laughter.)
SENATOR LIBOUS:They're making me laugh.
Mr. President, I'll try to continue to answer the Senator's questions the best I can.
SENATOR AVELLA:Thank you. Again through you, Mr. President, will the Senator continue to answer.
SENATOR LIBOUS:I will, Mr. President.
SENATOR AVELLA:Would the Senator agree that park alienation should only occur in very rare circumstances and it's a process that should be used very rarely?
SENATOR LIBOUS:I would say, Mr. President, that's correct. And I know that in my experience as a city councilman in Binghamton, which is a much smaller city, park alienation was very selective and was done in rare situations.
But I would believe, Mr. President, to the best of my knowledge that this facility is a rather large facility, there will be some expansion. And I would think that the City of New York and the Mayor's Office, who's requesting this, would have done whatever environmental studies, whatever planning and engineering that needed to be done, and I would think that they would have a pretty good handle on what they need for expansion.
SENATOR AVELLA:Mr. President, again through you, will the Senator yield for another question.
SENATOR LIBOUS:Sure.
SENATOR AVELLA:Is the Senator aware that it is absolutely not necessary for this expansion and that the USTA even admits that they can do all they want with the new stadium, new power plant, a new parking garage on the footprint that they already have? Is the Senator aware of that?
SENATOR LIBOUS:Mr. President, the only thing I am aware of at this point is that this is a home rule. And I would defer to the City of New York, who is requesting the legislation.
SENATOR AVELLA:Again through you, Mr. President, is the Senator aware -- and I guess he's not, but I'll let him answer this question -- that the only reason they're asking for this additional land is to wind a path from one venue to another and that this entire expansion, this park alienation, is totally unnecessary?
SENATOR LIBOUS:I'm told that they're creating a much larger facility and part of the reason why the city has requested a home rule is that they need this land.
SENATOR AVELLA:Mr. President, through you, one last question. And then I'll talk on the bill.
SENATOR LIBOUS:I'll yield, Mr. President. I've done such a good job so far.
(Laughter.)
SENATOR AVELLA:Part of the application involves the taking down of 400 trees. Does the Senator know how those trees are going to be replaced?
SENATOR LIBOUS:Mr. President, through you, I'm told that the USTA is currently working with the city on replacement of those trees.
SENATOR AVELLA:Through you, Mr. President, will the Senator yield for one more question.
SENATOR LIBOUS:Okay.
SENATOR AVELLA:So we don't know where those trees are going to be relocated as we approve the park alienation bill tonight.
SENATOR LIBOUS:Mr. President, through you, I don't know where those trees are going to be located. But we have been informed that the USTA and the city are working together, and that's the best answer, Senator, I can give you this evening.
SENATOR AVELLA:Thank you, Senator.
SENATOR LIBOUS:Thank you.
SENATOR AVELLA:On the bill.
ACTING PRESIDENT VALESKY:Senator Avella on the bill.
SENATOR AVELLA:For those of you don't know, Flushing Meadows Corona Park really is the borough park for Queens. It's the equivalent of Prospect Park in Brooklyn; certainly it has the same connotation in Queens as Central Park has for Manhattan and the entire city.
And I hate to use the expression of the comedian Rodney Dangerfield, Flushing Meadows Corona Park gets no respect. We have this application before us tonight, but there are two other applications that could come through this body the next time it meets, probably in January.
The Mets want to expand and build a mall on parkland in Flushing Meadows Corona Park. Major League Soccer wants to take 20 acres and build on Flushing Meadows Corona Park. If all three of these applications go ahead, half of that park will be lost.
This park is the backyard of communities of color, and thousands of people use it every single day. It is a disgrace, in my opinion, that the City of New York has asked to give this parkland away to a major multi-million- dollar corporation.
Now, the USTA is a great organization. We all appreciate the U.S. Open when it happens. But they make $275 million a year; they give less than 1 percent back to the City of New York. And as I was trying to indicate with the questions I was asking of Senator Libous, they can do this expansion without taking one inch more of parkland. The only difference is there will be a wider path between one new stadium and one of the other stadiums.
It seems to me totally unnecessary to take parkland, eliminate 400 trees, for just a wider path. It really is a shame that we're even considering this, it really is. I ask my colleagues to vote this down for the people who use this park each and every day.
And I have to say the lobbyist for the USTA has been here for the last three weeks. And I have no problem with somebody representing the USTA and lobbying this body, but who is the lobbyist for the people who can't afford to go to Manhattan for the movies or to a play and use this park each and every day?
We're supposed to be their lobbyist. We are supposed to be here protecting their interest. And I don't think we're doing that if we're passing this bill. I urge my colleagues to vote against it.
ACTING PRESIDENT VALESKY:Senator Stavisky.
SENATOR STAVISKY:Thank you, Mr. President.
And Senator Libous, I have some good news. I am not going to ask you any questions. Sorry.
(Laughter.)
SENATOR STAVISKY:I have misgivings about this bill, I must tell you. I agree with some of the arguments that have just been made.
But let me tell you another side of the story. The USTA has not had a great relationship with the community or, quite frankly, with organized labor. However, when it comes to this request, they have agreed to sign a project labor agreement, they're negotiating the agreement, it's going to be signed. And the Building Trades Council now supports the expansion.
And let me answer one of the questions that was asked, how much land are we talking about with the expansion: 0.68 acres. Two-thirds of an acre. Yes, they're going to use it to create a wider path so that people can walk from one venue to another. But quite frankly, two-thirds of an acre is not a lot of property.
With regard to the Mets, there's a question of whether it involves legislation or not. And as far as Major League Soccer goes, I think it's unlikely at this point that there's going to be an expansion in Queens. They seem to be looking at other areas as well. Obviously, it's always possible.
Why is it necessary? It's part of a $500 million expansion program. And what's going to happen with this expansion? Number one, there are going to be a lot of jobs created. And secondly, there's going to be additional revenue to the City of New York. To put it in perspective, more money is generated when the USTA is in town, that short period of time, than the Mets generate the entire baseball season, even when they're winning.
(Laughter.)
SENATOR STAVISKY:So I have given this a great deal of thought. And, Mr. President, I urge my colleagues to support this as an investment in the future of the economy in Queens County and in fact the City of New York.
Thank you.
ACTING PRESIDENT VALESKY:Thank you, Senator Stavisky.
Seeing no other Senator who wishes to be heard, the debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1655 are Senators Avella, Breslin, Gianaris, Gipson, Hoylman, Krueger, Parker, Rivera and Squadron.
Absent from voting: Senators Diaz, Larkin, Maziarz, Peralta, Sampson and Sanders.
Ayes, 47. Nays, 9.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Also in the negative are Senators Ball and Serrano.
Ayes, 45. Nays, 11.
ACTING PRESIDENT VALESKY:The bill is passed.
Next, Calendar Number 1662, controversial.
THE SECRETARY:Calendar Number 1662, by Member of the Assembly Gottfried, Assembly Print Number 8031, an act to amend the Hudson River Park Act.
SENATOR SQUADRON:Explanation.
ACTING PRESIDENT VALESKY:Senator Squadron is requesting an explanation, Senator Libous.
SENATOR LIBOUS:Yes, sir. You get me again.
This is, Mr. President, an expansion in use for the Hudson River Park.
SENATOR SQUADRON:Thank you.
If Senator Libous would yield for two brief questions, as the hour is early.
SENATOR LIBOUS:Mr. President, I look forward to it.
SENATOR SQUADRON:Thank you.
Senator Libous, just can you describe for the body the reason that this bill is before the house and why it's so important.
SENATOR LIBOUS:Sure. Sure. I'll do the best I can, Mr. President.
It appears that the Hudson River Park Trust wants to do a use expansion on the property, and the expansion would involve restaurants, film studios, media studio, commercial amusements, schools, educational facilities.
And they're going to expand it as far as the allowable uses on Pier 57 for amusement rides to be placed on parklands, et cetera.
SENATOR SQUADRON:And if Senator Libous would yield for one more question.
SENATOR LIBOUS:Sure, Mr. President.
SENATOR SQUADRON:Is Senator Libous familiar with the community process that led to this bill?
SENATOR LIBOUS:Senator Libous is not.
SENATOR SQUADRON:Thank you.
On the bill.
ACTING PRESIDENT VALESKY:Senator Squadron on the bill.
SENATOR SQUADRON:And of course Senator Libous is not the sponsor of this bill, Senator Rules is. And I appreciate Senator Rules needs more sleep than the rest of us, apparently. And I do appreciate the attempt to answer.
I do have to say that the reason for my questions and the reason that I thought it was important to take a moment here is, you know, there is a tradition of local bills, especially the alienation bills, bills that deal with the public trust doctrine, being driven by the folks most affected directly. I think we saw that the previous bill; we see that here.
I alone don't represent Hudson River Park, so this is not in favor of my own sponsorship of the bill. I share it with Senator Hoylman and Senator Espaillat in the Senate.
And the truth is there has been an extensive community conversation about this park for well over a year, going back even before that, but a formal one for well over a year. Because Hudson River Park was created by an act of the Legislature, created really by the local representatives 15 years ago.
And it has been in a crisis, or certainly with real challenges. It's had real fiscal and financial challenges because it was create by this Legislature as a self-sustaining park. It's had real challenges because of some of the infrastructure needs that have developed over time.
And so it's been critical to have this conversation about what we're going to do with Hudson River Park to make sure that it continues to serve certainly the whole city, but most especially the neighborhoods that are represented by Senator Espaillat and Senator Hoylman and myself along the West Side of Manhattan, from Battery Park City up the West Side.
And it's been a complicated conversation. As you expand uses in a park, how do you maintain the nature of the park and still find the revenue that you need? As you see property values and development along the park increase, how do you capture some of that without encouraging overdevelopment that will make the neighborhood collapse onto itself?
As you deal with major infrastructure problems, how do you ensure that things like playing fields that serve literally thousands and thousands of kids a year -- and they're really the only available playing fields for large neighborhoods -- continue to be available while you fix the infrastructure?
It's a process that has garnered an enormous amount of community engagement, and I'm really pleased about that.
This bill is not perfect. It's far, far from it. It doesn't have everything I want. I would have liked to see, frankly, a couple of more uses available on Pier 40 in my district, commercial uses. I'm very glad there are no residential uses anywhere in the park. That's a major victory, I believe, for parks across the state and certainly for the users of this park.
I would like to frankly have had longer with the bill draft to go around to the community that has been so engaged in talking about the issues that matter to make sure that the discussions that have been had are accurately reflected within the bill, and maybe even to have had time to amend and change the bill and had multiple drafts instead of this final draft.
So I am glad we are voting on this bill tonight. It does not do everything we have to do to save Hudson River Park. It does not do everything we have to do to ensure that the uses of Hudson River Park are consistent with the kind of extraordinary world-class park that doesn't end at the borders of Hudson River Park but connects to what I've always called a harbor park, a central park in the center of the city connected to Governor's Island and Brooklyn Bridge Park, both of which were created as state entities originally; the East River waterfront, surrounded by public housing, subsidized housing; the waterfront in North Brooklyn; the waterfront along Long Island City in Queens.
This is, because of a ferry network and because of a real vision, becoming a billion-dollar public work that does have statewide significance and is something that we should be considering and thinking about in this house.
So I'm certainly going to be voting yes today. I'm certainly pleased to see Hudson River Park be given some of the things it needs to move forward. We're going to need to continue the conversation about Pier 40 moving forward. We're going to need to ensure that New York City keeps good on its promise to give Pier 76 to the park.
And most importantly, we need to ensure that as things like rezoning and RFPs are pursued because of this legislation, that they are done in a way that empowers the community. Great parks aren't just great because they're run well or because they have some vision or good design. Great parks are good because they engage the community actively. They bring the community in, not just for use but for governance and vision.
And that's what I hope this bill leads to more of. I'll be voting yes, Mr. President.
ACTING PRESIDENT VALESKY:Senator Hoylman.
SENATOR HOYLMAN:Thank you, Mr. President.
And I wanted to thank my colleague Senator Squadron and my other colleague Senator Espaillat. As it was noted, we share this park, which is really a green ribbon along the entire West Side of Manhattan.
And I was thinking of Senator Young, who had a bill in committee a week or so ago about videotaping in backyards. And in Manhattan we don't have backyards, but we have the Hudson River Park, which is our backyard.
So it's such an important issue for my local community. I alone, Mr. President, have been working on this issue for about seven years. So you can imagine that the three of us, the three Senators who represent the park, were not pleased that it came through the Rules Committee rather than through one of the Senators who represent the park itself.
That said, in addition to that fact, the issue is incredibly, incredibly contentious. We have had public meetings for years. Hundreds and hundreds of public school parents and kids and passive park users and seniors all rely on this park. And the one thing they have asked, Mr. President, over and over again, is a transparent process in which they can participate to help create the future of the park.
And unfortunately, I don't think we have given them that process. Part of that is the nature of Albany, as I've learned in my first year. It's human nature to procrastinate, of course. But at the same time, I think we could have done a better job in providing my constituents a forum in which to discuss these important changes.
I will note some of the changes which are for the good. There is a dedicated revenue stream now for the first time, in this bill, for the park. And that comes from the sale of air rights. The important thing about those air rates is that they are subject to a public process themselves. So as my constituents want a public process, they'll get that partially through this legislation.
You might know, or not, that the survivors of the Titanic actually were docked on Hudson River Park, on one of the piers. And historic elements of that pier will be saved through this act.
And through some negotiations that we did back-channel with the Assembly, we got the residential uses removed from two of the piers. We were also able to remove a hotel use, and I think that's better for the future of the park.
So overall, as I pry my eyes open to stay awake, the changes I think will be better for the park. There are imperfections, including the placement of a permanent heliport, which the community board has opposed for a very long time. But I see more good than bad.
And I wanted to again thank my colleagues and thank my colleagues in the Assembly for moving this forward. And I'll be voting aye, Mr. President.
Thank you.
ACTING PRESIDENT VALESKY:Senator Espaillat.
SENATOR ESPAILLAT:Thank you, Mr. President.
I want to thank both of my colleagues, Senator Hoylman and Senator Squadron. They have been working on this particular issue for much longer than I have.
And this legislation is a critical piece for safeguarding not only the park itself, but the future of the waterfront development in this particular area, at the southern part of the Island of Manhattan.
But if done correctly, this could also serve as a successful model for less-affluent areas of the Island of Manhattan and the City of New York. So we're looking at an experiment, if you may, that if done correctly, if done through a process that is both accountable and transparent, if a model that's sustainable and ecologically friendly is developed, we could be able to emulate and duplicate this model in other waterfront neighborhoods across the borough and the City of New York.
So I am happy to have been part of this with both of my colleagues, and I will be voting in the affirmative.
ACTING PRESIDENT VALESKY:Seeing no other Senator who wishes to be heard, the debate is closed. The Secretary will ring the bells.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Absent from voting: Senators Diaz, Larkin, Maziarz, Peralta, Sampson and Sanders.
Ayes, 56.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe there's a privileged resolution at the desk. Could we have the title read, please.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Senate Resolution establishing a plan setting forth an itemized list of grantees for certain appropriations in the 2013-2014 state fiscal year.
ACTING PRESIDENT VALESKY:Call the roll on the resolution.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, there's another privileged resolution at the desk. I ask that we have it read.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Senate Resolution establishing a plan setting forth an itemized list of grantees for a certain appropriation for the 2013-2014 state fiscal year for grants in aid for drug violence and crime control and prevention programs, for grants that prevent domestic violence or aid victims of domestic violence, grants for civil or criminal domestic violence legal services, grants for law enforcement, anti-crime, anti-drug, crime prevention and treatment programs, as required by a plan setting forth an itemized list of grantees with the amount to be received by each, or the methodology for allocating such appropriation. Such plan shall be subject to the approval of the Temporary President of the Senate and the Director of the Budget and thereafter shall be included in a resolution calling for the expenditure of such monies, which resolution must be approved by a majority vote of all members elected to the Senate upon a roll call vote.
ACTING PRESIDENT VALESKY:Call the roll on the resolution.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe there's another privileged resolution at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read the title.
THE SECRETARY:Senate Resolution amending Senate Resolution R5596 of 2012 establishing a plan setting forth an itemized list of grantees for the New York State Economic Development Assistance Program, established pursuant to an appropriation in the 2008-2009 state fiscal year and in Part QQ of Chapter 57 of the Laws of 2008 relating to such itemized list of grantees.
ACTING PRESIDENT VALESKY:Call the roll on the resolution.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, could we go to messages from the Assembly. I believe we have a couple of hand-downs we could do.
ACTING PRESIDENT VALESKY:We do have a couple of 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 8084.
ACTING PRESIDENT VALESKY:The bill is ordered direct to third reading.
The Secretary will read.
THE SECRETARY:Calendar Number 1664, by Member of the Assembly Sweeney, Assembly Print Number 8084, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 1664, those recorded in the negative are Senators Ball, Griffo, Little, Nozzolio, Young, and Zeldin.
ACTING PRESIDENT VALESKY:Senator Little to explain her vote.
SENATOR LITTLE:No, Mr. President, could you just give me the number of that bill again? Not just the Calendar Number, but the Senate number.
ACTING PRESIDENT VALESKY:It's an Assembly number. This is actually a hand-down.
SENATOR LIBOUS:It's a hand-down from the Assembly, Senator. There is no Senate number.
SENATOR LITTLE:Thank you. Just wanted to make sure I had the right bill.
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:In relation to Calendar Number 1664, those recorded in the negative are Senators Ball, Griffo, Little, Nozzolio, Young and Zeldin.
Ayes, 57. Nays, 6.
ACTING PRESIDENT VALESKY:The bill is passed.
The Secretary will continue to read the messages from the Assembly.
SENATOR LIBOUS:Mr. President, can we go back to motions, please. I'm sorry, are you done?
ACTING PRESIDENT VALESKY:We have one more message from the Assembly.
SENATOR LIBOUS:I apologize, Mr. President.
ACTING PRESIDENT VALESKY: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 7428.
ACTING PRESIDENT VALESKY:The bill is ordered direct to third reading.
THE SECRETARY:Calendar Number 1665, by Member of the Assembly Hennessey, Assembly Print 7428, an act relating to the cost allowance.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, could we go back to motions, please.
ACTING PRESIDENT VALESKY:On motions and resolutions.
SENATOR LIBOUS:Thank you, Mr. President.
I want to call up Assembly Print Number 8097, which is now at the desk.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Calendar Number 1635, by Member of the Assembly Hooper, Assembly Print Number 8097, an act to amend the General Municipal Law.
SENATOR LIBOUS:Mr. President, I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT VALESKY:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
SENATOR LIBOUS:Mr. President, lay the bill aside for the day, please.
ACTING PRESIDENT VALESKY:The bill is laid aside for the day.
Senator Libous.
SENATOR LIBOUS:I believe at this time, Mr. President, we have to stand at ease for a bit because I believe there's some housekeeping at the desk before we can take the hand-downs on some of these other agendas.
ACTING PRESIDENT VALESKY:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 5:31 a.m.)
(Whereupon, the Senate reconvened at 5:59 a.m.)
ACTING PRESIDENT VALESKY:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, the next order of business is Supplemental Active List Number 3.
ACTING PRESIDENT VALESKY:The Secretary will proceed with the noncontroversial reading of Senate Supplemental Active List 3.
The Secretary will read.
THE SECRETARY:In relation to Calendar Number 229, Senator Adams moves to discharge, from the Committee on Rules, Assembly Bill Number 4851 and substitute it for the identical Senate Bill Number 3560, Third Reading Calendar 229.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 229, by Member of the Assembly Lentol, Assembly Print Number 4851, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 240, Senator Lanza moves to discharge, from the Committee on Local Government, Assembly Bill Number 472 and substitute it for the identical Senate Bill Number 4085, Third Reading Calendar 240.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 240, by Member of the Assembly Magnarelli, Assembly Print 472, an act to amend the Municipal Home Rule Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 800, Senator Marcellino moves to discharge, from the Committee on Finance, Assembly Bill Number 7121 and substitute it for the identical Senate Bill Number 4913, Third Reading Calendar 800.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 800, by Member of the Assembly Schimminger, Assembly Print 7121, an act to amend Chapter 396 of the Laws of 2010.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 980, Senator Parker moves to discharge, from the Committee on Rules, Assembly Bill Number 4834 and substitute it for the identical Senate Bill Number 4534, Third Reading Calendar 980.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 980, by Member of the Assembly Perry, Assembly Print Number 4834, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1012, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Print Number 4395 and substitute it for the identical Senate Bill Number 886A, Third Reading Calendar 1012.
ACTING PRESIDENT VALESKY:Substitution ordered.
THE SECRETARY:Calendar Number 1012, by Member of the Assembly Weinstein, Assembly Print Number 4395, Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT VALESKY:Announce the results.
THE SECRETARY:Those recorded in the negative on Calendar Number 1012 are Senators Ball, DeFrancisco, Libous, Little, Nozzolio, O'Mara, Ranzenhofer, Robach and Seward.
Ayes, 54. Nays, 9.
ACTING PRESIDENT VALESKY:The resolution is adopted.
THE SECRETARY:In relation to Calendar Number 1109, Senator LaValle moves to discharge, from the Committee on Rules, Assembly Bill Number 7179 and substitute it for the identical Senate Bill Number 5029, Third Reading Calendar 1109.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1109, by Member of the Assembly Sweeney, Assembly Print Number 7179, an act to amend the Public Authorities Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1 Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 1214, by Senator Gallivan, Senate Print 89A, an act to amend the Executive Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 1218, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 4070 and substitute it for the identical Senate Bill Number 877, Third Reading Calendar 1218.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1218, by Member of the Assembly Galef, Assembly Print Number 4070, an act to amend the Real Property Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY: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 6942 and substitute it for the identical Senate Bill Number 5053, Third Reading Calendar 1493.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1493, by Member of the Assembly Abbate, Assembly Print Number 6942, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous, that completes the noncontroversial reading of Supplemental Active List 3.
SENATOR LIBOUS:Mr. President, could we have the noncontroversial reading of Supplemental Active List Number 2.
ACTING PRESIDENT VALESKY:The Secretary will read Supplemental Active List 2.
THE SECRETARY:In relation to Calendar Number 497, Senator Golden moves to discharge, from the Committee on Local Government, Assembly Bill Number 7175 and substitute it for the identical Senate Bill Number 4655, Third Reading Calendar 497.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 497, by Member of the Assembly Farrell, Assembly Print Number 7175, an act to amend the Local Finance Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 579, by Senator Ball, Senate Print 3878A, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 844, Senator Libous moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 2841 and substitute it for the identical Senate Bill Number 2347, Third Reading Calendar 844.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 844, by Member of the Assembly Crouch, Assembly Print Number 2841, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 845, Senator Latimer moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 5138 and substitute it for the identical Senate Bill Number 2591, Third Reading Calendar 845.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 845, by Member of the Assembly Otis, Assembly Print Number 5138, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 846, Senator Latimer moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 3823 and substitute it for the identical Senate Bill Number 2594, Third Reading Calendar 846.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 846, by Member of the Assembly Otis, Assembly Print Number 3823, an act to amend Chapter 381 of the Laws of 2010.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 847, Senator Libous moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 5902 and substitute it for the identical Senate Bill Number 3665, Third Reading Calendar 847.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 847, by Member of the Assembly Friend, Assembly Print Number 5902, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 848, Senator Libous moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6438 and substitute it for the identical Senate Bill Number 3675, Third Reading Calendar 848.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 848, by Member of the Assembly Lupardo, Assembly Print Number 6438, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 849, Senator O'Mara moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 5038 and substitute it for the identical Senate Bill Number 3699, Third Reading Calendar 849.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 849, by Member of the Assembly Palmesano, Assembly Print Number 5038, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 850, Senator Seward moves to discharge, from the Committee on Investigations and Government Operations, Assembly Print Number 6050 and substitute it for the identical Senate Bill Number 4018, Third Reading Calendar 850.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 850, by Member of the Assembly Magee, Assembly Print Number 6050, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 851, Senator Seward moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6315 and substitute it for the identical Senate Bill Number 4019, Third Reading Calendar 851.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 851, by Member of the Assembly Lopez, Assembly Print Number 6315, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 852, Senator Seward moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6314 and substitute it for the identical Senate Bill Number 4020, Third Reading Calendar 852.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 852, by Member of the Assembly Lopez, Assembly Print Number 6314, an act to amend Chapter 333 of the Laws of 2006.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 853, Senator Stewart-Cousins moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 7022 and substitute it for the identical Senate Bill Number 4116, Third Reading Calendar 853.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 853, by Member of the Assembly Pretlow, Assembly Print Number 7022, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 854, Senator O'Mara moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6458 and substitute it for the identical Senate Bill Number 4123, Third Reading Calendar 854.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 854, by Member of the Assembly Lifton, Assembly Print Number 6458, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 855, Senator O'Mara moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6376 and substitute it for the identical Senate Bill Number 4263, Third Reading Calendar 855.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 855, by Member of the Assembly Friend, Assembly Bill Number 6376, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 856, Senator O'Mara moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6243 and substitute it for the identical Senate Bill Number 4264, Third Reading Calendar 856.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 856, by Member of the Assembly Palmesano, Assembly Print Number 6243, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 857, Senator Stewart-Cousins moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6549 and substitute it for the identical Senate Bill Number 4298, Third Reading Calendar 857.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 857, by Member of the Assembly Pretlow, Assembly Print Number 6549, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 858, Senator O'Mara moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6416 and substitute it for the identical Senate Bill Number 4330, Third Reading Calendar 858.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 858, by Member of the Assembly Palmesano, Assembly Print Number 6416, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 859, Senator Gallivan moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 7267 and substitute it for the identical Senate Bill Number 4430, Third Reading Calendar 859.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 859, by Member of the Assembly Nojay, Assembly Print Number 7267, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 860, Senator Ranzenhofer moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6734 and substitute it for the identical Senate Bill Number 4436, Third Reading Calendar 860.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 860, by Member of the Assembly Hawley, Assembly Print Number 6734, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 861, Senator Ranzenhofer moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6732 substitute it for the identical Senate Bill Number 4437, Third Reading Calendar 861.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 861, by Member of the Assembly Hawley, Assembly Print Number 6732, an act to amend Chapter 579 of the Laws of 2004.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 862, Senator Gipson moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 5420 and substitute it for the identical Senate Bill Number 4439, Third Reading Calendar 862.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 862, by Member of the Assembly Skartados, Assembly Print Number 5420, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 863, Senator Young moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6645 and substitute it for the identical Senate Bill Number 4454, Third Reading Calendar 863.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 863, by Member of the Assembly Giglio, Assembly Print Number 6645, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 864, Senator Ranzenhofer moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6533 and substitute it for the identical Senate Bill Number 4458, Third Reading Calendar 864.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 864, by Member of the Assembly Schimminger, Assembly Print Number 6533, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 865, Senator Little moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6921 and substitute it for the identical Senate Bill Number 4462, Third Reading Calendar 865.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 865, by Member of the Assembly Duprey, Assembly Print Number 6921, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 866, Senator Little moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6925 and substitute it for the identical Senate Bill Number 4463, Third Reading Calendar 866.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 866, by Member of the Assembly Duprey, Assembly Print Number 6925, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 867, by Senator Larkin, Senate Print 4516, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 868, Senator Farley moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6572 and substitute it for the identical Senate Bill Number 4555, Third Reading Calendar 868.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 868, by Member of the Assembly Butler, Assembly Print Number 6572, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 869, Senator Farley moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6573 and substitute it for the identical Senate Bill Number 4556, Third Reading Calendar 869.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 869, by Member of the Assembly Butler, Assembly Print Number 6573, an act to amend Chapter 489 of the Laws of 2004.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 870, Senator Seward moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6614 and substitute it for the identical Senate Bill Number 4559, Third Reading Calendar 870.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 870, by Member of the Assembly Butler, Assembly Print Number 6614, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 871, Senator Marchione moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6736 and substitute it for the identical Senate Bill Number 4561, Third Reading Calendar 871.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 871, by Member of the Assembly McDonald, Assembly Print Number 6736, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 872, Senator DeFrancisco moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 5499 and substitute it for the identical Senate Bill Number 4564, Third Reading Calendar 872.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 872, by Member of the Assembly Magnarelli, Assembly Print Number 5499, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 873, Senator Farley moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 7224 and substitute it for the identical Senate Bill Number 4566, Third Reading Calendar 873.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 873, by Member of the Assembly Steck, Assembly Print Number 7224, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 874, Senator Young moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6738 and substitute it for the identical Senate Bill Number 4608, Third Reading Calendar 874.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 874, by Member of the Assembly Giglio, Assembly Print Number 6738, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 875, Senator Marchione moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6827 and substitute it for the identical Senate Bill Number 4620, Third Reading Calendar 875.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 875, by Member of the Assembly McLaughlin, Assembly Print Number 6827, an act to amend Chapter 556 of the Laws of 2007.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 876, Senator Marchione moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6826 and substitute it for the identical Senate Bill Number 4621, Third Reading Calendar 876.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 876, by Member of the Assembly McLaughlin, Assembly Print Number 6826, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 878, Senator Larkin moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6739 and substitute it for the identical Senate Bill Number 4646, Third Reading Calendar 878.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 878, by Member of the Assembly Rabbitt, Assembly Print Number 6739, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 880, Senator O'Mara moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6682 and substitute it for the identical Senate Bill Number 4661, Third Reading Calendar 880.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 880, by Member of the Assembly Lifton, Assembly Print Number 6682, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Ball and Gipson recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 881, Senator Breslin moves to discharge, from the Committee on Rules, Assembly Bill Number 6763 and substitute it for the identical Senate Bill Number 4683, Third Reading Calendar 881.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 881, by Member of the Assembly Fahy, Assembly Print Number 6763, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 882, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 7031 and substitute it for the identical Senate Bill Number 4698, Third Reading Calendar 882.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 882, by Member of the Assembly Finch, Assembly Print Number 7031, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 883, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 5035 and substitute it for the identical Senate Bill Number 4699, Third Reading Calendar 883.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 883, by Member of the Assembly Kolb, Assembly Print Number 5035, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 884, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 6737 and substitute it for the identical Senate Bill Number 4700, Calendar Number 884.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 884, by Member of the Assembly Oaks, Assembly Print Number 6737, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 885, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 6587 and substitute it for the identical Senate Bill Number 4701, Third Reading Calendar 885.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 885, by Assemblymember Kolb, Assembly Print Number 6587, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 886, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 6754A and substitute it for the identical Senate Bill Number 4702, Third Reading Calendar 886.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 886, by Member of the Assembly Gantt, Assembly Print Number 6754A, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 887, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 6733 and substitute it for the identical Senate Bill Number 4703, Third Reading Calendar 887.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 887, by Member of the Assembly Hawley, Assembly Print Number 6733, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 888, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 7040 and substitute it for the identical Senate Bill Number 4704, Third Reading Calendar 888.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 888, by Member of the Assembly Corwin, Assembly Print Number 7040, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 889, Senator Bonacic moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 5831 and substitute it for the identical Senate Bill Number 4823, Third Reading Calendar 889.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 889, by Member of the Assembly Crouch, Assembly Print Number 5831, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 890, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 7135 and substitute it for the identical Senate Bill Number 4837, Third Reading Calendar 890.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 890, by Member of the Assembly DiPietro, Assembly Print Number 7135, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 891, Senator Young moves to discharge, from the Committee on Rules, Assembly Bill Number 7165 and substitute it for the identical Senate Bill Number 4849, Third Reading Calendar 891.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 891, by Member of the Assembly Goodell, Assembly Print Number 7165, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 892, Senator Seward moves to discharge, from the Committee on Rules, Assembly Bill Number 7186 and substitute it for the identical Senate Bill Number 4918, Third Reading Calendar 892.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 892, by Member of the Assembly Lifton, Assembly Print Number 7186, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 893, Senator Griffo moves to discharge, from the Committee on Rules, Assembly Bill Number 7265 and substitute it for the identical Senate Bill Number 4982, Third Reading Calendar 893.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 893, by Member of the Assembly Brindisi, Assembly Print Number 7265, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 894, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 7180 and substitute it for the identical Senate Bill Number 5003, Third Reading Calendar 894.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 894, by Member of the Assembly Sweeney, Assembly Print Number 7180, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 895, Senator Tkaczyk moves to discharge, from the Committee on Rules, Assembly Bill Number 5840 and substitute it for the identical Senate Bill Number 5021, Third Reading Calendar 895.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 895, by Member of the Assembly Lopez, Assembly Print Number 5840, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 896, Senator Seward moves to discharge, from the Committee on Rules, Assembly Bill Number 7513 and substitute it for the identical Senate Bill Number 5047, Third Reading Calendar 896.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 896, by Member of the Assembly Lifton, Assembly Print Number 7513, an act to amend Chapter 443 of the Laws of 2007.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 897, Senator Ritchie moves to discharge, from the Committee on Rules, Assembly Bill Number 7374 and substitute it for the identical Senate Bill Number 5061, Third Reading Calendar 897.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 897, by Member of the Assembly Blankenbush, Assembly Print Number 7374, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 898, Senator Ritchie moves to discharge, from the Committee on Rules, Assembly Bill Number 7042 and substitute it for the identical Senate Bill Number 5062, Third Reading Calendar 898.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 898, by Member of the Assembly Barclay, Assembly Print Number 7042, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 899, Senator Ritchie moves to discharge, from the Committee on Rules, Assembly Bill Number 7004 and substitute it for the identical Senate Bill Number 5063, Third Reading Calendar 899.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 899, by Member of the Assembly Barclay, Assembly Print Number 7004, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 900, Senator Young moves to discharge, from the Committee on Rules, Assembly Bill Number 7431 and substitute it for the identical Senate Bill Number 5088, Third Reading Calendar 900.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 900, by Member of the Assembly Goodell, Assembly Print Number 7431, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect December 1, 2007.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 901, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 8028 and substitute it for the identical Senate Bill Number 5146, Third Reading Calendar 901.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 901, by Member of the Assembly Saladino, Assembly Print Number 8028, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 902, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 8029 and substitute it for the identical Senate Bill Number 5147, Third Reading Calendar 902.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 902, by Member of the Assembly Saladino, Assembly Print Number 8029, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 903, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 7353 and substitute it for the identical Senate Bill Number 5151, Third Reading Calendar 903.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 903, by Member of the Assembly Galef, Assembly Print Number 7353, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 904, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 7321 and substitute it for the identical Senate Bill Number 5204, Third Reading Calendar 904.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 904, by Member of the Assembly Gunther, Assembly Print Number 7321, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 905, Senator Skelos moves to discharge, from the Committee on Rules, Assembly Bill Number 7501 and substitute it for the identical Senate Bill Number 5214, Third Reading Calendar 905.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 905, by Member of the Assembly Pretlow, Assembly Print Number 7501, an act to amend Chapter 272 of the Laws of 1991.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:In relation to Calendar Number 906, Senator Tkaczyk moves to discharge, from the Committee on Rules, Assembly Bill Number 7658 and substitute it for the identical Senate Bill Number 5492, Third Reading Calendar 906.
ACTING PRESIDENT VALESKY:Substitution ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 906, by Member of the Assembly Santabarbara, Assembly Print Number 7658, an act to amend the Tax Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
THE SECRETARY:Calendar Number 927, by Senator Young, Senate Print 5247, an act to amend Local Law Number 58.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ball recorded in the negative.
ACTING PRESIDENT VALESKY:The bill is passed.
Senator Libous, that completes action on the active list.
SENATOR LIBOUS:Mr. President, what do you think, one more Rules report?
(Laughter.)
SENATOR LIBOUS:Mr. President, if we can go back to messages from the Assembly, I believe we have a hand-up.
ACTING PRESIDENT VALESKY:We do have a message 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 6703A.
ACTING PRESIDENT VALESKY:The bill is ordered direct to third reading.
The Secretary will read.
THE SECRETARY:Calendar Number 1666, by Member of the Assembly Pretlow, Assembly Print Number 6703A, an act to amend the Education Law.
ACTING PRESIDENT VALESKY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2015.
ACTING PRESIDENT VALESKY:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT VALESKY:The bill is passed.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:There are four Assembly bills at the desk. I move to reconsider the substitutions and have the Senate bills restored to the Third Reading Calendar.
ACTING PRESIDENT VALESKY:The Secretary will read.
THE SECRETARY:Assembly Bill Numbers 2387, 5788, 7736, and 8097.
ACTING PRESIDENT VALESKY:So ordered, Senator Libous.
SENATOR LIBOUS:Mr. President, I now move to recommit the calendar.
ACTING PRESIDENT VALESKY:The calendar is recommitted.
SENATOR SKELOS:Mr. President.
ACTING PRESIDENT VALESKY:Senator Skelos.
SENATOR SKELOS:I know this is the part of the end of session that everybody waits for with bated breath --
(Laughter.)
SENATOR SKELOS:-- to hear Senator Stewart-Cousins and Co-Leader Jeff Klein and myself close the session with these wonderful remarks.
So the best remark, on behalf of all of us, that I could give right now: Thank you to all the staff for the great job that you've done.
(Applause.)
SENATOR SKELOS:Thank you, all the members, for being patient with each other.
And, Tommy, I want to thank you for the great job that you have done under the challenging circumstances you have right now.
(Applause.)
SENATOR SKELOS:Have a great summer.
(Applause.)
ACTING PRESIDENT VALESKY:Senator Libous.
SENATOR LIBOUS:Mr. President, I move that we adjourn at the call of the Temporary President, intervening days being legislative days.
Senate stands adjourned.
ACTING PRESIDENT VALESKY:There being no further business at the desk, on motion, the Senate stands adjourned at the call of the Temporary President, intervening days being legislative days.
(Whereupon, the Senate adjourned at 6:46 a.m.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
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Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.