Gaveled in 3:28 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 9, 2015
3:28 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask all present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:In the absence of clergy, I ask everyone present to please bow their 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, February 8th, the Senate met pursuant to adjournment. The Journal of Saturday, February 7th, 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 LaValle.
SENATOR LaVALLE: Mr. President, I wish to call up Senator Gallivan's bill, Senate Print Number 2401, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 45, by Senator Gallivan, Senate Print 2401, an act to amend the Vehicle and Traffic Law.
SENATOR LaVALLE: I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 44.
SENATOR LaVALLE: I now move the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR LaVALLE: Mr. President, on page 16 I offer the following amendments to Calendar Number 146, Senate Print Number 1909, and ask that the said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR LaVALLE: Mr. President, on page number 15 I offer the following amendments to Calendar Number 141, Senate Print Number 1850, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR LaVALLE: Mr. President, on page number 14 I offer the following amendments to Calendar Number 124, Senate Print Number 3520, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR LaVALLE: Mr. President, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. And that's Senate Number 285.
ACTING PRESIDENT GRIFFO:It is so ordered.
SENATOR LaVALLE: Would you please call on Senator Valesky.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Carlucci, I move that Senate Bill 636 be discharged from its respective committee and be recommitted with instructions to strike the enacting clause.
ACTING PRESIDENT GRIFFO:So ordered.
SENATOR LaVALLE: And please call on Senator Gianaris.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Espaillat, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill 3716.
ACTING PRESIDENT GRIFFO:It is so ordered.
Senator LaValle.
SENATOR LaVALLE: Mr. President, may we please have the noncontroversial reading of the calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 52, by Senator Ranzenhofer, Senate Print 2582, an act to amend the Not-for-Profit Corporation 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, 50.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 59, by Senator Marcellino, Senate Print 448, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 48. Nays, 2. Senators Hassell-Thompson and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 61, by Senator Klein, Senate Print 849, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 48. Nays, 2. Senators Krueger and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 62, by Senator Golden, Senate Print 994, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 47. Nays, 3. Senators Krueger, Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 63, by Senator O'Mara, Senate Print 1150, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Montgomery to explain her vote.
SENATOR MONTGOMERY:Yes, Mr. President, thank you.
I'm going to vote no on this legislation, and I wanted to just express the reason why.
While I understand the seriousness of this drug, meth, and the consequences of people using it, we now are including possession as part of the criminal penal code. And the problem with that is while we are now asking for -- in this budget the Governor has requested funding for treatment specifically around these kinds of drugs. Possession implies that you are going to use it and that you actually would need treatment as opposed to it being criminalized and you going to prison.
So I'm going to vote no on that, and I hope that we will come to realize that while we talk about treatment we can't at the same time talk about incarcerating people who happen to be actually ill using these drugs.
I'm voting no, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Montgomery to be recorded in the negative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I am also voting no because upon listening to my colleague Senator Montgomery, I so respect her raising the point that this bill would actually increase the penalties for someone who did not necessarily have the intent to sell but rather is a drug abuser himself or herself.
And after so much success with repealing the Rockefeller Drug Laws just a few years ago, I would hope that this Legislature would move with great caution in reversing itself on any of those decisions.
So I vote no, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 52. Nays, 3. Senators Krueger, Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 69, by Senator Libous, Senate Print 832 --
SENATOR LaVALLE: Lay the bill aside for the day, please.
ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.
Senator LaValle, that completes the noncontroversial reading of the calendar.
SENATOR LaVALLE: Mr. President, Senator Skelos hands up the following leadership assignments and asks that such assignments be filed in the Journal.
ACTING PRESIDENT GRIFFO:The assignments are received and shall be so ordered to be filed in the Journal.
SENATOR LaVALLE: Is there any other business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk, Senator LaValle.
SENATOR LaVALLE: There being no further business, I move we adjourn until Tuesday, March the 10th, at 3:00 p.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Tuesday, March 10th, at 3:00 p.m.
Senate is adjourned.
(Whereupon, at 3:36 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.