Gaveled in 3:13 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 25, 2015
3:13 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 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, Tuesday, March 24th, the Senate met pursuant to adjournment. The Journal of Monday, March 23rd, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Presentation of petitions.
Any 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, can we take up a previously adopted resolution, Number 1058, by Senator Gianaris. Would you read the title only, and then would you recognize Senator Gianaris to speak on the resolution.
ACTING PRESIDENT GRIFFO:I would ask -- even though we don't have a lot of people in the chamber, it's a little noisy. So could I have some order in the house, please.
The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1058, by Senators Gianaris and Skelos, memorializing Governor Andrew M. Cuomo to proclaim March 2015 as Greek History Month in the State of New York, in conjunction with the commemoration of the 194th Anniversary of Greek Independence.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
This is the time of year, my colleagues, where Senator Skelos and I come together and agree in a bipartisan manner on major policy for the State of New York. I'm not talking about the budget; I'm talking about the importance of Greek Independence Day and Greek History Month that we recognize here in the State of New York. And today is in fact the 194th anniversary of Greek independence.
Everyone I'm sure knows, just from their own educations, about the importance of ancient Greece to Western civilization -- the founders of democracy that we practice in this chamber, the contributions to science and education and culture, and even to this day, in the United States, the great importance that the Greek-American community plays.
I don't know because I haven't gone back throughout the hundreds of years of history in this Legislature, but I do believe, anecdotally, that we have more Greek-Americans elected in the State Legislature in New York right now than at any time in history. We have the two of us here in the Senate, four members in the State Assembly. And both parties, both genders are represented.
And it's a testament to the contributions of the Greek immigrants in the United States and their successes in this country. My parents were, in fact, both immigrants from Greece. I know Senator Skelos's ancestry as well, I think it was his grandparents. And a number of our colleagues in the Assembly share the story that so many of us do -- not just Greeks, but people who have had their parents and grandparents and others come from other countries around the world.
I think Senator Griffo takes pride in being a part of what we call the Olive Caucus, so we have a kinship also with our Italian colleagues, because it's an immigrant story that we all share.
And the fact we are able to come together for a brief moment in the middle of all the budget discussions and pause to reflect on that is something that I thank my colleagues for and appreciate the opportunity to speak on this resolution.
ACTING PRESIDENT GRIFFO:Thank you, Senator Gianaris.
As noted, the resolution was adopted previously on March 24th.
Senator LaValle.
SENATOR LaVALLE: Mr. President, there's a previously adopted resolution at the desk, Number 1068, by Senator Martins. Would you read the title only, and would you then recognize Senator Martins to speak on the resolution.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1068, by Senator Martins, commemorating the 104th Anniversary of the Triangle Shirtwaist Factory Fire on March 25, 2015.
ACTING PRESIDENT GRIFFO:Senator Martins.
SENATOR MARTINS:Thank you, Mr. President.
Today we join with Workers United/SEIU and the New York City Fire Department in commemorating the 104th anniversary of the Triangle Shirtwaist Factory Fire.
We heard about this fire, we learned about this fire and this tragedy in textbooks as we were growing up. One hundred forty-six people died on the 8th, 9th, and 10th floors of this building under deplorable conditions.
The fire started on the 8th floor -- they were able to get out, everyone but one on the 8th floor -- moved to the 10th floor, they were able to get out. But nobody told anyone on the 9th floor. And when they tried to get out -- there were two stairs. One of the staircases opened in, so obviously they couldn't get the door open. The second was locked because the owners didn't want to allow workers the opportunity to leave early. One hundred forty-six women died, the youngest 14 years old.
As they struggled with the fire, they got out on the ledges on the 9th floor waiting for the fire department to come. But at the time, New York City's fire apparatus only reached the 6th floor. A tremendous tragedy.
And it marks one of those moments in our history, certainly a tragedy in New York City's history, that led to the labor movement. The changes that were brought about as a result of this tragedy, the lessons that were learned as a result of this tragedy are still with us today.
And that's why it's important that we take the opportunity every year as a legislative body to remember this, to remember the tragedy and to understand the need to also give thanks that we as a society have gotten beyond this. Through our efforts in labor, we have gotten beyond conditions that led to the possibility of 146 people dying in a fire. Again, the youngest was 14 years old.
So, Mr. President, we join today with the City of New York, with Workers United/SEIU, with the New York City Fire Department as we remember. And we remember the lessons of that day, and we remember to thank labor for all they do.
And also it's a commitment from us as a body, it's a commitment from us as a state that we will continue to work with them to provide safeguards to ensure that labor in New York State is safe, or certainly as safe as it can be.
As a result of this tragedy, the Legislature formed a commission. And as a result of that commission, they had 64 suggestions or recommendations. Sixty of those were enacted into law between 1911 and 1913.
Those laws mandated better building access and egress -- no longer can doorways be locked -- fireproofing requirements, sprinklers, basic requirements of sprinklers in workplaces to ensure that at the very least we're going to give people a fighting chance when there is a fire. Alarm systems, automatic sprinklers, as I said, and a limited number of hours for women and children in the workplace. Remarkable achievements, things that we take for granted today, but unfortunately it took a tragedy 104 years ago to bring it to fruition.
So, Mr. President, thank you very much for the opportunity. I thank my colleagues for joining with me in this resolution as we commemorate this significant moment in the labor movement, not only for the country but certainly here in New York State.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Martins.
Senator Savino.
SENATOR SAVINO:Thank you, Mr. President.
I thought I was going to be following Senator Hoylman, in whose district the Triangle Shirtwaist Factory is.
I want to thank my colleague Senator Martins, who's now the chair of the Labor Committee, for continuing this tradition of recognizing and acknowledging that horrible tragedy at the Triangle Shirtwaist Factory.
Prior to us being here, this resolution was always presented by a former member of this body, Senator Maltese, whose grandmother and his aunt, I believe, were in that fire.
And there's also another fire that's being commemorated today. In the City of New York there was a tragedy several years ago, about 25 years ago -- I'm not sure of the exact time -- the Happy Land fire. Many of us remember that, where people were trapped in a fire in an unregulated nightclub. Dozens of people perished there.
And just the other day there was a horrible fire in I believe it was Senator Felder's district, where seven children died.
So what is the connection between all of these things? Labor rights, fire protection, public service. In my opinion, all those things are intertwined.
And here we are more than a hundred years after the Triangle Shirtwaist Factory fire, where working people have made tremendous gains, largely because of the workers banding together for the purpose of improving workers' rights, advancing the issues that unions fought for prior to their being legal and after their being legal. And that's when we developed standards that we could all count on, whether they be in factories or they be in houses or they be in our fire departments.
And here we are more than a hundred years later as we continue to see, in states across this country, where we have governors and the legislatures chipping away at those very protections that were meant to make sure we never had another Triangle Shirtwaist Factory. Or these horrible tragedies where we have shortages of staff or we've taken away the expertise of our firefighters to recognize what is dangerous and what isn't.
And so while we reflect on that day, let us not forget that we could easily turn the clock back and we could have Triangle Shirtwaist Factories all over this country.
So we have an obligation to acknowledge what happened then and to make sure that we do not undermine those advances, either in fire protection or in public service.
Thank you, Senator Martins.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hoylman.
SENATOR HOYLMAN:Thank you, Mr. President.
I rise to thank my colleagues Senator Martins and Senator Savino for their leadership on labor issues over the years.
And as was noted, the building of the Triangle Shirtwaist Factory is in my district at 29 Washington Place, just off of Washington Square Park. And it's quite a serene place. You'd never know, walking along that cobblestone street just off of the square and tucked in into between university buildings, that such a tragedy occurred there 104 years ago. One hundred forty-six garment workers, most of them new immigrants from Italy, or Jewish from Eastern Europe, 123 women.
And it's so important that we remember what occurred then but also look at the tragedy through the prism of the issues before us today. And whether it's immigrant rights and the anti-immigrant sentiment that exists in our country today, or the rights of farmworkers, the incidents of hate crimes, which are increasing in this nation and in this state, civil rights for people of all colors and creeds, sexual orientations, people who are transgender, or the rights of women to control their own bodies -- we've made so much progress, Mr. President, but we have so much yet to do.
So I join my colleagues in this historic commemoration and look forward to working them to make certain that we move forward with progress for all.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Addabbo.
SENATOR ADDABBO:Thank you, Mr. President.
I want to thank Senator Martins for introducing this resolution and giving us an opportunity to acknowledge this tragedy.
I'm also thankful to Senator Savino for mentioning Senator Maltese. Just about 10 days ago I spoke to Senator Maltese about this, as he every year spoke about this on the floor.
And I want to thank him for his efforts, because he did unfortunately lose a grandmother and two aunts. And tonight in the district, at Christ the King High School in Middle Village, Senator Maltese and his brother Vincent will be doing an event to acknowledge the Triangle Shirtwaist Factory Fire tragedy and honoring those in the community.
But I just want to rise today to thank the efforts of Senator Maltese.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Addabbo.
As noted, the resolution was adopted on the 24th of March.
Senator LaValle.
SENATOR LaVALLE: Mr. President, could you open both resolutions -- 1068, by Senator Martins, and the resolution by Senator Gianaris, 1058 -- for sponsorship of the membership. And anyone not wanting to be on the resolutions, they should notify the desk.
ACTING PRESIDENT GRIFFO:The resolutions are open for cosponsorship. Should you choose otherwise, please notify the desk.
Senator LaValle.
SENATOR LaVALLE: Mr. President, can we go to the noncontroversial reading of the calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 85, by Senator Martins, Senate Print 241, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 110, by Senator Bonacic, Senate Print 1597, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 133, by Senator Amedore, Senate Print 1530, an act to authorize.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 145, by Senator Marcellino, Senate Print 1782, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 202, by Senator Griffo, Senate Print 2715, an act to amend the Banking 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, 55. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 304, Senate Budget Bill, Senate Print 2002A, an act making appropriations.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
The bill we have before us today is our first budget bill. It is the General Debt Service Fund Budget Bill.
I've often pointed out we do budget bills in a strange order in this house. We tend to do the revenue bill last, so we've spent all the money before we pass a bill providing any money for the state to function on.
And we tend to do the debt service bill first, also before we have completed any other work on the budget.
And yet it's very difficult to argue that we shouldn't all vote yes on the debt service bill, because to not, and to not ensure that the State of New York can continue its fiduciary responsibility to make payments on debt, would result in the State of New York not actually being able to go back to the market and borrow any more funds.
So we need to vote yes on this bill, and we need to make sure it's on time. But I also think it's important, while explaining my vote today, to remind everyone that we are a state that takes on an enormous amount of debt.
In fiscal year 2015-2016, the total state debt-related service appropriations are $9.859 billion, including some contingency appropriations. That brings our outstanding state-related debt to the level of $56.9 billion, or basically $60 billion through 3/31/16.
It's an enormous amount of debt. And it's important to remember the job of government is to provide public services, continue our infrastructure securely, raise enough revenue to meet our expenses, including the recognition that when we take on more and more debt, we have more and more interest payments and repayment obligations.
So sometimes people say simply: Why do you need to tax us so much? Why are you spending so much money? I think it's valuable to remind them if we didn't raise money, raise revenue, if we didn't spend the money on important public services such as our schools and our police and our fire and our other public safety and our infrastructure, we wouldn't have a state any of us wanted to live in.
And a huge amount of our debt is to cover capital costs. And I would just remind us this is the year where we need to deal with the five-year capital plans for transportation in this state, both DOT for roads and bridges, and MTA for public transportation in the 12 southern counties. And that's exactly what debt is supposed to be for, taking on large capital infrastructure costs.
So I'm not saying we shouldn't have debt. I'm saying we should all be aware of it, we should all recognize why we end up with such enormous debt. And we should recognize if we don't make the investments in the infrastructure of this state to ensure that we have functioning water systems, sewage systems, roads, bridges, trains, subways, buses, then it almost doesn't matter what else we think we would like to do with our lives. Because if we don't have all of that infrastructure in place, we don't have much of a future here.
So I would encourage all my colleagues to vote yes, but also to think about what we do in government and why it often involves such large distributions of money and the reason that governments need to go and borrow money.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger will be recorded in the affirmative.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I would just like to add to what Senator Krueger said insofar as whether this bill passes first or last.
There's an estimate in most cases of the amount of debt that we have now -- well, we know the amount of debt we have now -- and what the principal and interest payments are going to be. So it's kind of immaterial whether we vote on it first or last; it's not going to change. In view of our debt limit, we can only go so high. And the fact that we're just appropriating money in this budget to make sure the right payments are made.
So when it's passed really doesn't make any difference, but we want to pass it today so that we show that we are passing the budget as we speak. The easiest part, obviously. But we want to keep that momentum rolling so that we can get the budget done in a timely fashion.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Marcellino, that completes the noncontroversial reading of today's calendar.
SENATOR MARCELLINO:Is there anything else at the desk, sir?
ACTING PRESIDENT GRIFFO:There is no further business at this time before the desk.
SENATOR MARCELLINO:In such case, I move that we, on motion, adjourn until Thursday, March 26th, at 11:00 a.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Thursday, March 26th, at 11:00 a.m.
Senate is adjourned.
(Whereupon, at 3:35 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.