Gaveled in 1:07 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 26, 2015
1:07 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask everyone present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:In the absence of clergy, I ask all present to please bow your heads in a moment of silent reflection and prayer.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Sunday, January 25th, the Senate met pursuant to adjournment. The Journal of Saturday, January 24th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports of state officers.
Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, pursuant to Rule 8, Senator Skelos hands up the following alternate committee members for January 26, 2015, and asks that such assignments be filed in the Journal.
ACTING PRESIDENT GRIFFO:It is received and ordered so filed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: There will be an immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT GRIFFO:There's an immediate meeting of the Rules Committee in Room 332, an immediate meeting of the Rules Committee in Room 332.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes --
ACTING PRESIDENT GRIFFO:May I have some order in the chamber, please.
Senator DeFrancisco.
SENATOR DeFRANCISCO: May we now adopt the Resolution Calendar, please.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar that is before the house signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, could we call the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read the noncontroversial calendar.
THE SECRETARY:Calendar Number 9, by Senator Seward, Senate Print 1312, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 42.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 10, by Senator Marcellino, Senate Print 1313, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 41. Nays, 1. Senator Gallivan recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 13, by Senator Marchione, Senate Print 1316, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 42.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 14, by Senator Lanza, Senate Print 1317, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 42.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of the active list.
SENATOR DEFRANCISCO:Can we please remain at ease until the Rules Committee has completed its work.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 1:11 p.m.)
(Whereupon, the Senate reconvened at 1:20 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, I believe there was a previously adopted resolution by Senator Kennedy, Number 232, at the desk. I ask that the title be read and to call on Senator Kennedy.
ACTING PRESIDENT GRIFFO:The Secretary will read the title of the resolution.
THE SECRETARY:Legislative Resolution Number 232, by Senator Kennedy, remembering and honoring the lives of the 13 victims of Buffalo's November winter storm of 2014.
ACTING PRESIDENT GRIFFO:I'm going to ask for some silence in the house, please.
Senator Kennedy.
SENATOR KENNEDY:Yes, thank you, Mr. President.
As we prepare for a winter storm today of unprecedented measure that's going to hit the Northeast, I rise to remember and honor the 13 victims of Buffalo's November storm just this past 2014. We send our thoughts and prayers to the families and friends as they mourn the loss of their loved ones.
On the evening of Monday, November 17th, an epic winter storm began that would devastate Buffalo and all of Western New York. Lasting four days, millions of dollars would be spent in cleanup and rescue operations, making this one of the costliest storms in regional history.
But the financial cost pales in comparison to the human cost. There are 13 families with an empty seat at the table and a hole in their heart that will never be filled. Today we join the entire Western New York community as we regretfully mourn and remember the lives lost: Stephen H. Thomas, Cynthia Woodrick, Michael N. Strachan, Lyle H. Hull, Sr., Ruth R. Snyder, Valentine L. Mozdziak, John "Jack" Boyce, James A. Thomas, Sr., Jan Barsam, David M. Deneke, Donald J. Abate, Robert M. Cedar, and Delancey Scott, who all passed away as a result of this devastating storm.
Mr. Scott's mother, Barnette Burton, is here with us today on the Senate floor as we honor the memory of her firstborn son. Thank you very much for joining us here today in your son's memory.
(Applause.)
SENATOR KENNEDY:We as a chamber offer our most sincere regrets and most heartfelt condolences on your loss.
We mourn all of the lives lost as a city, as a region, and as a state. While we cannot bring back their loved ones, families of the victims of the storm can take comfort in knowing that their legacy will live on.
Even in the darkest points of the storm, there were still points of light. During this storm our community banded together in a tremendous way. We saw people not only helping friends and family but aiding neighbors and even strangers in their time of need.
On my street in South Buffalo, we were snowed in for four days. It was tough, but it brought us all closer together. Neighbors checked in on seniors, making sure that they were warm and fed; families got together for meals all throughout our region; and we all helped shovel and clear snow.
From neighbors helping each other to dig out their homes, to residents taking in a stranded traveler, to firemen in South Buffalo helping to deliver a baby, we were reminded that the City of Buffalo is truly the City of Good Neighbors. It was an extremely difficult time, but we came together as neighbors, as a state, as a community to help one another.
Tragically, there were those whose lives were lost in this unprecedented disaster. As we honor them today, their families can rest assured that their memory will live on in perpetuity.
Again, Mr. President, I thank you for the privilege. And we honor those who were lost in the November storm. May they rest in peace.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Kennedy.
Senator Ortt.
SENATOR ORTT:Thank you, Mr. President.
I'd like to thank Senator Kennedy and his staff for helping us bring today this recognition to those we lost in November's tragic storm. And of course our thoughts are with our downstate colleagues and fellow New Yorkers who are currently in the path of today's winter storm.
I would like to personally also welcome one of my constituents, Niagara Falls resident Ms. Barnette Burton. Barnette got on a train this morning at 6:30 to join us here, and she will turn around and take a six-hour train ride home.
The reason she's here, of course, is to honor her son, Delancey Scott, who we lost in November's storm. Delancey was a veteran of the New York Army National Guard and leaves behind a daughter. She mentioned to me that Delancey passed away alone, and she wanted to be here today so that in a small way she would be with him here as we recognize his life and legacy.
And so I want to thank you for coming. And I hope that our actions today will not only recognize those we lost, not just in Niagara County but across Western New York, but also bring some closure, help with the grieving process, and bring some level of absolution.
So thank you again, Mr. President, and thank you for being here.
ACTING PRESIDENT GRIFFO:Thank you, Senator Ortt.
Senator DeFrancisco.
SENATOR DeFRANCISCO: It's my understanding that Senator Kennedy would like to open the resolution for cosponsorship. If you do not want to cosponsor, please notify the chair.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, please indicate at the chair.
SENATOR DeFRANCISCO: And, Mr. President, could we have just a short moment of silence to remember those who died in that storm.
ACTING PRESIDENT GRIFFO:I would ask all present to please rise and join in a moment of silent reflection for all those who lost their lives in the storm in Western New York.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:Our condolences, Mrs. Burton.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, may we return to the reports of standing committees. I believe there's a report of the Rules Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a Committee of Rules report at the desk.
The Secretary will read.
THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following bills:
Senate Print 396, by Senator Gallivan, an act to amend the Mental Hygiene Law;
Senate 833, by Senator Robach, an act to amend the Correction Law;
Senate 845, by Senator Robach, an act to amend the Correction Law;
Senate 851, by Senator Klein, an act to amend the Social Services Law;
Senate 869, by Senator Ranzenhofer, an act to amend the Correction Law;
Senate 1608, by Senator Bonacic, an act to amend the Correction Law;
Senate 1701, by Senator Golden, an act to amend the Civil Practice Law and Rules;
Senate 2084, by Senator Flanagan, an act to amend the Correction Law;
Senate 2401, by Senator Gallivan, an act to amend the Vehicle and Traffic Law;
And Senate 2405, by Senator Young, an act to amend the Public Health Law.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Move to accept the report of the Rules Committee.
ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Rules report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The report is accepted and before the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, we now have before the house Senate Supplemental Calendar 5A. I would request that you read the noncontroversial reading.
ACTING PRESIDENT GRIFFO:The Secretary will read the supplemental calendar, noncontroversial.
THE SECRETARY:Calendar Number 37, by Senator Gallivan, Senate Print 396, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 37, those recorded in the negative are Senators Hoylman, Krueger, Montgomery, Perkins, Rivera and Sanders.
Ayes, 46. Nays, 6.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 38, by Senator Robach, Senate Print 833, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 51. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 39, by Senator Robach, Senate Print 845, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 52.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 40, by Senator Klein, Senate Print 851, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Klein to explain his vote.
SENATOR KLEIN:Thank you, Mr. President.
This legislation would prohibit placing Level 2 and 3 sexual predators in any temporary emergency housing or homeless shelter used to house families with children. This is a problem, unfortunately, that has existed for some time, that family shelters that have children, in the City of New York under the auspices of the Division of Homeless Services, have sexual predators among children.
You know, I certainly understand the mandate and need to house the homeless, that someone should be guaranteed that they have a shelter upon demand. But to have a policy in place which is so shortsighted, to have a policy in place which puts children in homeless facilities in jeopardy each and every day, makes absolutely no sense. If indeed someone is found to be a dangerous sexual predator, put them in a men's-only shelter. Put them in a shelter that doesn't have any children. You know, give them the right to have shelter, but do not put a ticking time bomb, which is a sexual predator, endangering the lives of children in homeless shelter facilities.
So I vote yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Klein to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 52.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 41, by Senator Ranzenhofer, Senate Print 869, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 41, those recorded in the negative are Senators Comrie, Dilan, Hamilton, Hoylman, Krueger, Montgomery, Perkins, Rivera and Sanders.
Ayes, 43. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 42, by Senator Bonacic, Senate Print 1608, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 52.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 43, by Senator Golden, Senate Print 1701 --
SENATOR DeFRANCISCO: Lay the bill aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 44, by Senator Flanagan, Senate Print 2084, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 52.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 45, by Senator Gallivan, Senate Print 2401, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 17. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 52.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 46, by Senator Young, Senate Print 2405, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 12. This act shall --
SENATOR DeFRANCISCO: Lay the bill aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day. The bill is laid aside for the day.
That completes the noncontroversial reading, Senator DeFrancisco, of Supplemental Senate Calendar 5A.
SENATOR DeFRANCISCO: In consultation with Senator Stewart-Cousins, Senator Skelos hands up the following committee assignments.
ACTING PRESIDENT GRIFFO:The committee assignments are received and so ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, would you please recognize Senator Gianaris.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
As we all seek to get home safely as quickly as possibly due to the storm, I did want to just pause before we adjourn to recognize we have a birthday today. Our new colleague Jesse Hamilton is celebrating, so let's give him a round of applause. Thank you.
(Applause.)
ACTING PRESIDENT GRIFFO:Happy birthday, Senator Hamilton.
SENATOR HAMILTON:Thank you so much.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: On motion, the -- oh, is there any other business?
ACTING PRESIDENT GRIFFO:There is no further business at the desk.
SENATOR DEFRANCISCO:But I knew that.
On motion, the Senate stands adjourned until Monday, February 2nd, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Monday, February 2nd, at 3:00 p.m., intervening days being legislative days.
Be safe. Senate adjourned.
(Whereupon, at 1:35 p.m., the Senate adjourned.)
Highest impact first.
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