Gaveled in 4:17 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 22, 2015
4:17 p.m.
REGULAR SESSION
SENATOR CARL L. MARCELLINO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT MARCELLINO:The Senate will come to order.
I ask everyone present to please rise and join with me as we recite the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MARCELLINO:The invocation will be performed by Father Peter Young, of Mother Teresa Community in Albany.
FATHER YOUNG:Thank you very much, Senator.
Let us pray.
Today, as proud New Yorkers, we claim the honor of christening the American flag when the Stars and Stripes was first flown in battle at the defense of Fort Stanwix in Rome.
It's with great pride that we're able to serve as Senators in this patriotic tradition as the elected leaders to fulfill Your call, O God, of leadership to all citizens of New York State.
But today we want to honor the staff, and one of our honorees would be William Toomey, who has served as director of legal service for the Senate and as chief counsel. We pray that he and all New Yorkers will enjoy the good times of being a New Yorker and the benefits of this great, great state.
Amen.
ACTING PRESIDENT MARCELLINO:The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, April 21st, the Senate met pursuant to adjournment. The Journal of Monday, April 20th, was read and approved. On motion, Senate adjourned.
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 DeFrancisco.
SENATOR DeFRANCISCO: Yes, if you would call on Senator Gianaris for a motion, please.
ACTING PRESIDENT MARCELLINO:Senator Gianaris.
SENATOR GIANARIS:Mr. President, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause, on behalf of Senator Espaillat: Senate Bill 3713.
ACTING PRESIDENT MARCELLINO:So moved.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Would you please call the vote for the Resolution Calendar, with the exception of Resolutions 1427, 1348, 1512, and 1449.
ACTING PRESIDENT MARCELLINO:Are you sure on that last one?
SENATOR DeFRANCISCO: Number 1449?
ACTING PRESIDENT MARCELLINO:Yeah. Because I don't have that here.
SENATOR DeFRANCISCO: I'm sure.
ACTING PRESIDENT MARCELLINO:Okay. All in favor of adopting the Resolution Calendar, with the exception of Resolutions 1427, 1348, 1512 and 1449, please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO:The Resolution Calendar is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, we have several resolutions that have to be called, all of which are time-sensitive in view of the fact that there's guests here.
With that in mind, four people are going to be upset when I call the first name. But please understand we'll get to each one as quickly as possible. And if we can make the remarks succinct, everybody can meet their deadlines.
Would you please take up first previously adopted Resolution 706, by Senator Griffo. And Senator Griffo to speak succinctly and briefly.
ACTING PRESIDENT MARCELLINO:Do you want the resolution read in its entirety, Mr. Floor Leader?
SENATOR DeFRANCISCO: No.
ACTING PRESIDENT MARCELLINO:Just the title. Please read the resolution title only, and then Senator Griffo will speak on it.
THE SECRETARY:Legislative Resolution Number 706, by Senator Griffo, congratulating the Massena Central High School Girls Hockey Team and Coach Jennifer Gray upon the occasion of capturing the New York State Regional Championship.
ACTING PRESIDENT MARCELLINO:Senator Griffo.
SENATOR GRIFFO:Mr. President, thank you very much. Appreciate that.
To the girls who are here today, I know they had a long trip and they have a bus that they're going to be on very shortly to go back to Massena and the North Country.
We have them here today because they did defeat Kenmore High for the New York State Public High School Athletic Association Girls Hockey Championship, which is equivalent to a state championship. And that's due to the fact that not every section of the state offers girls hockey, so they are technically the state hockey championship.
Coach Gray and her assistants have done an extraordinary job. We want to thank the girls not only for what they did on the athletic field in winning this state championship, but also they have excelled academically. They have a GPA of 95.8 as a team.
So we sincerely applaud your athletic skills and talents, the championship that you all won, but also that you've done so well academically. You have done great justice not only to the sport, but also to your community and to your school.
So I want to welcome you today, congratulate you on that state championship. You will remember these experiences, they're great memories to continue to have and share, but also to continue to be great role models as you go on in life and pursue other career choices and higher education.
So congratulations, Coach Gray. Congratulations to the team that's here today. And I present the Massena Girls Hockey Team, state champions, to the chamber.
(Standing ovation.)
ACTING PRESIDENT MARCELLINO:Senator Ritchie.
SENATOR RITCHIE:Thank you, Mr. President.
I'd also like to congratulate the Massena Girls Hockey Team. I'm sure it doesn't come as a surprise to many of my colleagues that hockey is a favorite pastime in St. Lawrence County, considering we have winter three-quarters of the year.
But many of these girls started playing hockey when they were young. They've spent countless hours on the ice perfecting their skills. And under the coaching of Jennifer Gray and the assistant coaches, they were able to beat Kenmore and become the state champs.
So I know they didn't do it alone, because I remember my days as a hockey mom, at 4 o'clock on a Saturday when the alarm went off and I realized I had to get up and go out, when it was 20 below zero, to take my kids to hockey practice.
So I want to congratulate you, your coaches, and also your parents for your dedication and for your great championship.
Thank you.
ACTING PRESIDENT MARCELLINO:Congratulations, ladies. The courtesies of the house are yours.
Just remember, now that you've won the state championship, you'll be expected to do it again.
(Laughter.)
ACTING PRESIDENT MARCELLINO:God bless.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, the next resolution is Resolution 1348, by Senator Farley. It's title only to be read, please.
ACTING PRESIDENT MARCELLINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1348, by Senator Farley, recognizing April 24, 2015, as "Blue Friday."
ACTING PRESIDENT MARCELLINO:Senator Farley.
SENATOR FARLEY:Thank you, Mr. President.
You know, the Albany radio station WGNA has joined forces with Blue Friday New York, Hannaford Supermarkets, and the Ninety Nine Restaurants to recognize Blue Friday. This honors all law enforcement officers who have given their lives in the line of duty, as well as all of those who serve today.
You know, this is an annual event that's gone on in the Senate for 11 years. And the mission of Blue Friday New York is to help rebuild the lives of survivors of law enforcement who were killed in the line of duty and to serve as a clearinghouse for federal and state benefits and to provide information and resources for the surviving families.
Each year, approximately 150 officers are killed in the line of duty. Their families and coworkers are left to cope with this tragic loss. Blue Friday is a reminder to pay tribute to those in law enforcement who have made this ultimate sacrifice.
You know, Blue Friday has continued to grow here, with over 50 different police agencies participating in this Capital District area. The State of New York is eternally grateful for the service of these brave men and women, and we applaud the efforts of Blue Friday New York to assist the families and those who have made this ultimate sacrifice.
We have several special guests here today with us, Blue Friday officials and retired law enforcement officers themselves. If I may, I'll introduce them and I'll have them stand: Lou Somma, Ramon Guerrero, Robert Markel.
And, ladies and gentlemen, Blue Friday has been the idea and supported by WGNA, the number-one radio station in this area. And the deejays that are here, there are stars above them on their own: Sean McMasters, Richie Phillips, and Bethany Linderman. WGNA has made all of this possible and promotes Blue Friday.
And also with us here today is Craig Pariseau, general manager of the Ninety Nine Restaurants, a Blue Friday sponsor.
Ladies and gentlemen and my colleagues, I'd like you to give them your applause and thank them for what they're doing for our law enforcement in the State of New York.
(Standing ovation.)
ACTING PRESIDENT MARCELLINO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Senator Farley has asked that anyone who wants to cosponsor is able to do so. And if you don't want to be a cosponsor, let the desk know. Otherwise, you are one.
Thank you.
ACTING PRESIDENT MARCELLINO:The resolution will be open for cosponsorship. If you do not wish to be a cosponsor, please notify the desk.
SENATOR DeFRANCISCO: The next resolution is 1332, by Senator Breslin, title only to be read.
ACTING PRESIDENT MARCELLINO:The Secretary will read the title only.
THE SECRETARY:Legislative Resolution Number 1332, by Senator Breslin, extending admiration and grateful appreciation to William A. Toomey, III, for his many years of distinguished service to the Legislative Bill Drafting Commission upon the occasion of his retirement as Chief Counsel, Director of Legal Services.
ACTING PRESIDENT MARCELLINO:Senator Breslin on the resolution.
SENATOR BRESLIN:Thank you, Mr. President.
It's my honor to rise to talk about someone who's become an institution here in the New York State Legislature. Bill Toomey started in 1977, when many of us were in high school, and he's had each position imaginable in bill drafting.
And he took a break in the early '90s -- 1992, I believe -- to go to law school, came back and again began to progress further and further and further, to now being the chief person in bill drafting.
He's had a remarkable career. I've been fortunate enough to have him as my bill drafter for my years in the Legislature, and I have never, ever had a disagreement with him. And I'm sure many of you have the same experience. He is a wonderful, wonderful bill drafter, an excellent lawyer, and it's an honor to serve with him here in the New York State Senate.
So I applaud Bill in your retirement. I'm sure you'll enjoy it. I understand you might have some activities you can continue after you retire. But I know that all the rest of the Senate joins with me to honor you today.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:This resolution was previously adopted, so we have no need to vote on it.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, please take up Resolution 1512, by Senator Breslin, title only.
ACTING PRESIDENT MARCELLINO:The Secretary will read the title only, 1512.
THE SECRETARY:Legislative Resolution Number 1512, by Senator Breslin, congratulating the College of St. Rose Women's Soccer Team upon the occasion of its outstanding 2014 season.
ACTING PRESIDENT MARCELLINO:Senator Breslin on the resolution.
SENATOR BRESLIN:Thank you, Mr. President.
It's a true honor to stand and talk about the College of St. Rose. A number of years ago, when they achieved a miraculous season, we think we honor a team and that will be the end of it. Not the College of St. Rose Women's Soccer Team.
The College of St. Rose Women's Soccer Team has gone to the Final Four, the final four teams in the country, for I believe six out of the last seven years. They've won their -- and I can look down, there's so many different records. Their record this year was 21 and 3. And in the Final Four, they lost in a tie in a shoot-out to the eventual national champion. They captured their conference for the seventh time in eight years.
And you know, they're led by one of the finest coaches that soccer has ever had -- not in Albany, not in New York State, but in the country. And Laurie Darling Gutheil has taken prospects and turned them into phenomenal soccer players but, more importantly, well-rounded wonderful young women who go out into the world and make a difference.
And I find that -- I've watched them play, I've watched the interaction between players and coach, and it should be filmed and used as an example of how to treat your players and the respect that the players have for their coach.
So as many of you have heard, it seems as though each year I am talking about you. And you know, when you look at -- you have to mention some of the records they've done.
They have Carmelina Puopolo, a forward who was second in the nation in points and goals, first in the nation in game winning goals, and on. Morgan Burchhardt is a forward who led the Northeast in assists, and she's up there in the gallery, from Burnt Hills. Jennifer Busk, a midfielder, was second in the Northeast in points.
And it goes on and on and on. They have First Team Academic All-Americans, First Team All-Americans. And overall, St. Rose is close to perfection in soccer, college soccer.
And I applaud each and every one of you. Would you please rise, the entire team.
Thank you, Mr. President.
(Standing ovation.)
ACTING PRESIDENT MARCELLINO:The question is on the resolution. Please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO:The resolution is adopted.
Ladies, congratulations. Next year? Next year? Okay, we've got a commitment. Thank you very much.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, would you please call on Senator Avella to recognize some guests of his.
ACTING PRESIDENT MARCELLINO:Senator Avella.
SENATOR AVELLA:Thank you, Mr. President.
In light of Earth Day today, I would like to recognize a very special young man who's sitting in the gallery. Last year this young man came to my office with his own little PowerPoint presentation about a battery recycling program. I have to tell you I was so impressed with this young man that I decided to introduce the bill on his behalf.
His name is Eliot Seol. Eliot, stand up. And besides the fact that his proposal was so remarkable, it's even more remarkable that he's 11 years old.
So today, Eliot, we're introducing your bill. We hope to have it passed maybe this session. But you're a remarkable individual, and we're so very proud of you.
And I have to mention that he was recently named the Region 2 Honorable Mention Winner of the 2014 Presidential Environmental Youth Award, and later on this year he'll get to meet the President of the United States.
So congratulations, Eliot.
And I would ask everybody to stand.
(Standing ovation.)
ACTING PRESIDENT MARCELLINO:Eliot, congratulations to you and your family. And we're going to be watching where you live, because each and every member is going to be watching what district you move into when you're old enough.
(Laughter.)
ACTING PRESIDENT MARCELLINO:Congratulations. God bless.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I had previously assured you that 1449 was not a mistake, to go over that. I was wrong. I find that very hard to admit. Would you please move that resolution, 1449.
ACTING PRESIDENT MARCELLINO:Just call the title.
THE SECRETARY:Legislative Resolution Number 1449, by Senator Murphy, honoring Peekskill Police Officers Doug LaPerche and John Kolesar.
SENATOR DeFRANCISCO: Thank you.
Now, the young man in the audience may want to stay, because this is pretty important, the next one. He's leaving.
In any event, I'd like you to call up Senator O'Mara's resolution, read the title only, concerning Earth Day.
ACTING PRESIDENT MARCELLINO:We need to adopt --
SENATOR DeFRANCISCO: Before that, can we adopt 1449.
ACTING PRESIDENT MARCELLINO:All in favor of adopting Resolution 1449 please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: And please take up Resolution 1427, by Senator O'Mara, and call on him, please.
ACTING PRESIDENT MARCELLINO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1427, by Senator O'Mara, commemorating the 45th anniversary of Earth Day on April 22, 2015.
ACTING PRESIDENT MARCELLINO:Senator O'Mara on the resolution that was previously adopted.
SENATOR O'MARA:Thank you, Mr. President.
I rise today in recognition of Earth Day as we celebrate the --
ACTING PRESIDENT MARCELLINO:Excuse me. Excuse me. Can we have a little order in the house, please? Thank you.
Senator.
SENATOR O'MARA:-- as today around the world and in the New York State Legislature we celebrate the 45th anniversary of Earth Day.
The resolution that has been previously adopted recognizes the importance of Earth Day and brings to our attention an awareness of the great issues that we have facing us regarding protecting our environment and making sure that we're doing all we can to protect the future of our environment with the many challenges that we have.
You know, I look back to President Teddy Roosevelt, who was a very conservation-minded president. And his credo was that the great central task of leaving this land even better land for our descendants is something that is vitally important. And these 45 years of Earth Day I believe have risen the issues, the awareness and the prominence of environmental issues that we confront daily to its highest level of awareness ever.
And I think this Earth Day event here and around the world is certainly helping with that and helping resolve the issues we have here and the many pieces of legislation that we'll be taking up today.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:Thank you, Senator.
Senator DeFrancisco, the problem of erring must be catching, because I was in error when I said this was a previously adopted resolution. We need to adopt it now.
SENATOR DeFRANCISCO: Okay. So would you call on it to be adopted.
ACTING PRESIDENT MARCELLINO:We have two speakers who want to speak on it, but we should adopt it first and then we'll let them speak.
All in favor of adopting Resolution 1427 signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:All opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO:The resolution is adopted.
SENATOR DeFRANCISCO: If I could do one other bit of housekeeping so either one of us won't forget.
ACTING PRESIDENT MARCELLINO:God bless.
SENATOR DeFRANCISCO: Senator O'Mara wants to open this up for cosponsorship. So everyone will be a cosponsor unless they announce to the desk that they do not want to be.
Thank you.
ACTING PRESIDENT MARCELLINO:The resolution is open for cosponsorship. Anyone not wishing to be a sponsor just let the desk know, please.
Senator Hoylman on the resolution.
SENATOR HOYLMAN:Thank you. Thank you, Mr. President.
I want to thank the sponsor, Senator O'Mara, for recognizing Earth Day.
It is so important -- and I stand here as the ranking member of the Environmental Conservation Committee -- that we be mindful, as public policymakers, of the solemn responsibility to be good stewards for our planet, whether it be my 4-year-old daughter or Eliot up there or our kids or our grandchildren. But we truly also should take this opportunity to recognize that we need to do more.
Now, there are some interesting bills, Mr. President, on the calendar today -- hunting and fishing in schools, repealing safety tags for hunters, repealing fees for hunting licenses, permitting live restraint cables for the capture of wild animals, extending striped bass fishing season, protecting personal information on hunting licenses. There's so many hunting and fishing bills on the calendar today that you'd think Elmer Fudd had some sort of hand in getting bills to the floor.
But beyond that, I think it's important, Mr. President, we also acknowledge something that I think was an oversight in the resolution which I feel obligated to point out, that there is no mention of climate change. The two words "climate change" do not appear in the resolution. And I think that's an oversight. It has to be. This is Earth Day, not Flat Earth Day, and the science, Mr. President, is clear.
Here are some facts, if I can have a couple of minutes, from the New York City Panel on Climate Change and the U.N.'s Intergovernmental Panel on Climate Change.
Temperature has risen from 1900 to the year 2013 by 0.3 degrees per decade, amounting to a total of 3.4 degrees increase in that time. Global climate models project that mean annual temperatures in New York City alone will increase by 4.1 degrees to 5.7 degrees Fahrenheit by 2050, when Eliot and my daughter are well into their middle ages.
Precipitation from 1900 to 2013, the mean annual precipitation in Central Park has increased at a rate of about 0.8 inches per decade. That's a total increase, in just that amount of time, of 8 inches.
Sea level rise and flooding. Sea level in New York City is projected to rise from 11 to 21 inches by the 2050s, 18 to 39 inches by 2080. And it could reach as high as six feet 20 years beyond that. New York City's flood zone is projected to double over the next 80 years to cover 100 square miles of the city. That's 100 square miles of the most densely populated city on earth.
And extreme weather -- we've all experienced it. The frequency of heat waves is projected to triple by the 2080s, and extreme cold events are projected to increase as well.
So there are warning signs with species. But warm water, coral reef, and arctic ecosystems are already experiencing irreversible regime shifts, and these risks are increasing as temperatures increase.
And we should be mindful of the economic impact of climate change. With extreme weather events predicted to increase, we have to be prepared for economic impacts including infrastructure damage, rebuilding costs. The direct cost of Superstorm Sandy alone was $71.4 billion. That's the second-costliest storm in history after Katrina.
Now, this is kind of like a slow-moving disaster movie. And you might not see the lamp of the Statue of Liberty jutting out of the sand like you did in Planet of the Apes, but we are dooming our children's future unless we act now.
Now, the People's Climate March, I think a lot of us attended that. Three hundred fifty thousand people attended it. It was in my district less than a year ago. But what have we done to address it? Where is New York's climate action plan? Who's in charge of climate change in New York State? Can you name that person? I can't.
Next week the Pope is going to be hosting a summit on climate change called Protect the Earth, Dignify Humanity at the Vatican, with the United Nations and the experts on global warming. And His Holiness is going to issue an encyclical sometime this summer. He's coming, the Pope is coming to New York City to address the U.N. on September 25th. Are we going to be ready to provide him with New York State's climate action plan?
Mr. President, I support this resolution but urge my colleagues, as we move forward in this legislative session, to take decisive steps to reverse global warming and climate change.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:Thank you, Senator.
Senator Serrano.
SENATOR SERRANO:Thank you very much, Mr. President.
And I rise in support of this resolution and also to join my colleagues in pointing out how important Earth Day is, not only today or this week, but throughout the entire year.
The truth is that we are part of nature. We are not separate from it, we are not apart from it. Nature is us, and we are part of it. And when we talk about the effects of human activity on our natural environment, it should not be something that is used as a political wedge issue. It should not be something that is used as some sort of a partisan artifact to drive apart people.
The facts are pretty clear and pretty scientific that the human species has had an effect on the environment. And we also have a great opportunity to rectify a lot of the problems that have been created.
When you look at the environmental dangers that are among us, many of the toxins that are leaching into our environment, and then you consider so many unexplained medical instances that continue to come up year after year, we have to use the technology that we have in front of us to help create cleaner and more environmentally friendly ways of achieving the same results that we see pesticides and other toxic materials achieving, so that we can have a society that economically is sound but at the same time we're not destroying our natural environment in order to do it.
And also I think that it's time that we come together as elected officials around the issue of climate change and, once again, not use it as a wedge issue. It's unfortunate that there are still many climate change deniers either here in this state or in this nation who believe that there is still a debate to be had over which whether climate change is real.
I think we need to move past that. Let's stop pointing fingers at one another, and let's join together in understanding that the only legacy that we have to leave when we are no longer on this planet is our environment. And we leave that for our children and for our grandchildren.
So I want to thank the sponsor, Senator O'Mara, for his resolution, and I hope that we continue to move forward in a spirit of unity for environmental conservation.
Thank you.
ACTING PRESIDENT MARCELLINO:Thank you, Senator.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I rise in support of this resolution.
And I don't think it was inadvertent that the sponsor left out the word "climate change," because it's sometimes difficult to follow the politically correct term. It was "global warming" a few years ago. And I can attest, being from Syracuse, New York, that the globe wasn't warming around Syracuse this winter.
So by putting a label to good environmental practices is a very risky thing. And that's why it was not put in this resolution. Thank you.
ACTING PRESIDENT MARCELLINO:Thank you, Senator DeFrancisco.
This resolution was just adopted. What do you want to do next? Does the sponsor want to open it up for cosponsorship?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MARCELLINO:All right. The resolution is open for cosponsorship. If you wish to be, you will be on it. If you do not wish to be, let the desk know.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, we have a previously adopted resolution, 1473, by Senator Espaillat. It was previously adopted, but he'd like to open it up for cosponsorship.
ACTING PRESIDENT MARCELLINO:That will be done.
SENATOR DeFRANCISCO: All right. So if you don't want to be a sponsor, you have to notify the desk.
Senator Espaillat has some introductions to make as well.
ACTING PRESIDENT MARCELLINO:Senator Espaillat.
SENATOR ESPAILLAT:Thank you, Mr. President, for allowing me to greet some New Yorkers that are here today, a group of residents from the City of New York and around the state who call themselves NYC Votes.
And among them you have the League of Women Voters but also Dominicanos USA, which is a grassroots group that has been conducting efforts to make sure that voters have an easy route to cast their vote. And amongst their goals is to increase voter registration and to make it easier for voters to be able to cast their votes across the City of New York and the state.
So I want to welcome them. They're in the gallery, if you can stand up. We welcome you to Albany and wish you the very best.
Thank you.
(Standing ovation.)
ACTING PRESIDENT MARCELLINO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we be at ease for hopefully a couple of minutes.
ACTING PRESIDENT MARCELLINO:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 4:52 p.m.)
(Whereupon, the Senate reconvened at 4:59 p.m.)
SENATOR DeFRANCISCO: Mr. President.
ACTING PRESIDENT MARCELLINO:Senator DeFrancisco.
SENATOR DeFRANCISCO: May we have the reading of the noncontroversial calendar, please.
ACTING PRESIDENT MARCELLINO:The Secretary will engage the noncontroversial reading of the calendar.
THE SECRETARY:Calendar Number 187, by Senator Ranzenhofer, Senate Print 3082, an act to amend the Public Authorities Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 262, by Senator Panepinto, Senate Print 3644, an act to amend the Real Property Tax Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Senator Gianaris, do you want to make an announcement?
SENATOR GIANARIS:After the vote.
ACTING PRESIDENT MARCELLINO:Announce the results, please.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
Senator Gianaris.
SENATOR GIANARIS:Thank you.
The reason I wanted to wait is because I was going to announce that this was Senator Panepinto's first bill, but I have to wait for it to pass first.
So congratulations, Senator Panepinto.
(Applause.)
ACTING PRESIDENT MARCELLINO:The Secretary will read.
SENATOR DeFRANCISCO: Would you recognize me, please?
ACTING PRESIDENT MARCELLINO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I just want to say how important this is, Senator Panepinto. I have not had a bill passed this year.
(Laughter.)
SENATOR DeFRANCISCO: And I can't seem to get one on the calendar other than the budget bills, which people are upset with, usually.
But thank you.
ACTING PRESIDENT MARCELLINO:The Secretary will read the next bill.
THE SECRETARY:Calendar Number 278, by Senator Gallivan, Senate Print 92, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:If you're a no vote, please raise your hand up so we can tell.
Announce the results, please.
THE SECRETARY:In relation to Calendar Number 278, those recorded in the negative are Senators Addabbo, Comrie, Espaillat, Hoylman, Krueger, Rivera, Sanders and Serrano.
Ayes, 53. Nays, 8.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 280, by Senator LaValle, Senate Print 368 --
SENATOR DeFRANCISCO: Lay it aside.
ACTING PRESIDENT MARCELLINO:The bill is laid aside.
THE SECRETARY:Calendar Number 281, by Senator Libous, Senate Print 829, an act to amend Chapter 455 of the Laws of 2011.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60 -- ayes, 59. Nays, 2 --
ACTING PRESIDENT MARCELLINO:Wait a second. Please raise your hands if you're voting no on this bill.
Announce the results.
THE SECRETARY:Ayes, 58. Nays, 3. Senators Espaillat, Hoylman and Serrano recorded in the negative.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 283, by Senator Avella, Senate Print 1555, an act establishing.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Senator Avella to explain his vote.
SENATOR AVELLA:Thank you, Mr. President.
First I'd like to thank Senator LaValle for his continued support and help on this issue.
As my colleagues will remember, last session we passed this legislation, the Assembly passed it. The Governor vetoed the bill, but in vetoing it he said that the Department of Environmental Conservation would come back with a revised nonlethal plan.
DEC has come back with a plan, and in fact the cutoff date for public comment is this Friday. Unfortunately, the new plan does not go far enough and we still have major issues with it.
So this bill we need to pass today to hold the agency's feet to the fire and make sure that they come back to the Legislature with a plan that's more acceptable to everybody who wants to preserve the mute swans throughout the entire state.
So I urge my colleagues to vote for the bill.
ACTING PRESIDENT MARCELLINO:Announce the results.
THE SECRETARY:Ayes, 60. Nays, 1. Senator Seward recorded in the negative.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 284, by Senator Bonacic, Senate Print 1676, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:It would be helpful if staff, as you assist your Senators, please try not to block them off, because they've got to see who's raising their hand.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President. I rise to explain why I'm voting no today.
I'm not conceptually opposed to a forest industry task force to work out these issues. But the membership in this task force is not going to include representatives from the DEC with overall responsibility for these issues in our state, nor would it include a representative of the Adirondack Park Agency, which oversees a disproportionate share of all of the forests in the State of New York.
So I urge the sponsor to amend his bill, and perhaps it stands a better chance of passing both houses and becoming law. Because I think there's certainly many things involving our forests and forestry that are worthy of discussion in a task force model, but you need to have the right people around the table.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:Thank you. You will be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 284, those recorded in the negative are Senators Avella, Comrie, Hoylman, Krueger, Panepinto, Perkins, Rivera, Serrano and Squadron. Also Senator Espaillat.
Ayes, 51. Nays, 10.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 285, by Senator LaValle, Senate Print 1876, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 287, by Senator Ortt, Senate Print 2953A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Announce the results, please.
THE SECRETARY:In relation to Calendar Number 287, those recorded in the negative are Senators Addabbo, Carlucci, Espaillat, Hoylman, Klein, Krueger, LaValle, Marcellino and Serrano.
Ayes, 52. Nays, 9.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 342, by Senator Marchione, Senate Print 1195, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll, please.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Announce the results.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 343, by Senator Bonacic, Senate Print 1599, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section, please.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Please raise your hand clearly so we know if you're voting in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 343, those recorded in the negative are Senators Comrie, Espaillat, Hamilton, Hassell-Thompson, Hoylman, Kennedy, Krueger, Montgomery, Panepinto, Perkins, Sanders, Serrano and Stavisky.
Ayes, 48. Nays, 13.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 344, by Senator O'Mara, Senate Print 1625, an act to amend the Environmental Conservation Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT MARCELLINO:Lay the bill aside.
THE SECRETARY:Calendar Number 345, by Senator Marcellino, Senate Print 1626, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section of this worthy bill.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 346, by Senator Libous, Senate Print 1689, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section, please.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 346, those recorded in the negative are Senators Espaillat, Hoylman, Perkins and Serrano.
Ayes, 57. Nays, 4.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 347, by Senator Libous, Senate Print 1781, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 3. Senators Hoylman, Perkins and Serrano recorded in the negative.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 348, by Senator Marcellino, Senate Print 1804, an act to amend the Tax Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect April 1, 2016.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 349, by Senator LaValle, Senate Print 1872, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section, please.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Ayes 60. Nays, 1. Senator Hoylman recorded in the negative.
ACTING PRESIDENT MARCELLINO:The bill is still passed.
THE SECRETARY:Calendar Number 350, by Senator Lanza, Senate Print 2543, an act to amend Chapter 395 of the Laws of 1978.
ACTING PRESIDENT MARCELLINO:Read the last section, please.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 351, by Senator Ortt, Senate Print 2905, an act to amend the Tax Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 352, by Senator Ranzenhofer, Senate Print 2951, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section, please.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 3. Senators Hoylman, Perkins and Serrano recorded in the negative.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 353, by Senator Larkin, Senate Print 3025, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 354, by Senator Funke, Senate Print 3029, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes. Have we voted on the Funke bill yet?
ACTING PRESIDENT MARCELLINO:Yes, we did.
SENATOR DeFRANCISCO: Well, that being the case, this is also Senator Funke's first bill, another new Senator who passed a bill before I have this session.
Congratulations.
(Applause.)
ACTING PRESIDENT MARCELLINO:Senator Funke, do you want to speak on the bill, explain your vote?
SENATOR FUNKE:Thank you, Mr. President.
This bill is pretty straightforward, as everybody has read and seen, I believe something easily supported by my colleagues on both sides of the aisle. It provides members of the U.S. armed forces who are on leave from active military duty an exemption from the requirements of a fishing license. This will allow active service members stationed outside of New York State to come in, visit their loved ones for a day or two, and be able to take fish as if they held a New York State license.
I think we can all support providing assistance to our active military men and women. And as a state, we should be doing as much as we can to help our veterans.
Passing this legislation is going to grant active members access to enjoy New York's great outdoor activities without being restricted by the current rules that are in place. It will encourage tourism throughout the state, which I am certainly hopeful will result in additional revenue to New York State.
There's no downside to the bill. It will not cost the state any money, as active military men are already capable of receiving a free fishing license from New York. So by passing this bill today we're simply making it easier for our military men and women to enjoy the fun of fishing in our beautiful State of New York.
Thank you very much, Mr. President.
ACTING PRESIDENT MARCELLINO:Thank you, Senator. Your vote will be recorded in the affirmative.
The Secretary will read.
THE SECRETARY:Calendar Number 355, by Senator Young, Senate Print 3060, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 356, by Senator Young, Senate Print 3064, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 357, by Senator Avella, Senate Print 3945, an act to amend the Tax Law.
SENATOR GIANARIS:Lay it aside.
SENATOR AVELLA:Lay it aside for the day, please.
ACTING PRESIDENT MARCELLINO:The bill is laid aside for the day at the request of the sponsor.
THE SECRETARY:Calendar Number 360, by Senator Ortt, Senate Print 4279, an act to amend the Tax Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT MARCELLINO:The bill is laid aside.
THE SECRETARY:Calendar Number 361, by Senator Bonacic, Senate Print 4368, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section, please.
THE SECRETARY:Section 2. This act shall take effect on the first of July.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Announce the results.
THE SECRETARY:In relation to Calendar Number 361, those recorded in the negative are Senators Comrie, Espaillat, Hassell-Thompson, Hoylman, Krueger, Peralta, Rivera, Sanders, Serrano and Squadron. Also Senator Perkins.
Ayes, 50. Nays, 11.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 362, by Senator Little, Senate Print 4563, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section, please.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Senator Little to explain her vote.
SENATOR LITTLE:Thank you, Mr. President.
We all know that we have many volunteers within our districts who do great work. And many of you do have search and rescue volunteers, as I do in my district. This bill -- and I thank you for your support for it -- would actually formalize a training and certification program for them through the forest rangers. The forest rangers do train them, but it's on an informal basis. And we believe that this certification program would help attract more.
I've actually witnessed a search and rescue mission by our New York State forest rangers, DEC as well as many of the -- it happened to be in the Southern Adirondack Search and Rescue. And there is a method to doing it, and a certain way of doing it to make sure that it's effective and that you have searched an entire area.
So this is important, and I really appreciate your support for it, as do I'm sure the forest rangers, who hopefully will have more volunteers.
Thank you.
ACTING PRESIDENT MARCELLINO:Announce the results, please.
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 363, by Senator Griffo, Senate Print 4753, an act to amend the Tax Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect December 1, 2015.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT MARCELLINO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of the calendar.
SENATOR DeFRANCISCO: Can we do the controversial reading, please.
ACTING PRESIDENT MARCELLINO:The Secretary will ring the bells. Members will come into the chambers, please.
The Secretary will read Calendar Number 280.
THE SECRETARY:Calendar Number 280, by Senator LaValle, Senate Print 368, an act authorizing.
ACTING PRESIDENT MARCELLINO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Announce the results, please.
(Pause.)
ACTING PRESIDENT MARCELLINO:Ring the bell again, please.
Can we read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Announce the results, please.
THE SECRETARY:Ayes, 59.
Absent from voting: Senators Breslin and Croci.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 344, by Senator O'Mara, Senate Print 1625, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT MARCELLINO:Senator O'Mara, Senator Krueger would like an explanation.
SENATOR O'MARA:Thank you, Mr. President.
This bill would direct the Department of Environmental Conservation to develop materials for hunting, fishing and outdoor education instructions to be taught in physical education classes in Grades 9 through 12 in a circumstance where there was an interest by 10 or more students in having such a component within their physical education course.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would please yield.
ACTING PRESIDENT MARCELLINO:Senator O'Mara, do you yield?
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARCELLINO:He yields.
SENATOR KRUEGER:Thank you.
Does the sponsor know of any other new mandatory educational classes in school systems that would have to be taught because 10 or more students requested it?
SENATOR O'MARA:Mr. President, through you, I'm not aware of any other similar situation as that.
But I think it's best that it gives the opportunity, if there is interest, to do it, rather than just outright dictating and mandating that that be provided. That there would be, you know, some showing of interest by that minimum number of students.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT MARCELLINO:I'm sure he yields.
SENATOR KRUEGER:Thank you.
ACTING PRESIDENT MARCELLINO:You're welcome.
SENATOR KRUEGER:Does the school system have to hire instructors to provide these training classes?
SENATOR O'MARA:No. My intention with this legislation is that it would be provided by their regular phys ed teacher in the school. As they have different components of the phys ed courses throughout the year, this would be, you know, one section of a phys ed course. Which I presume would be taught by the physical education teacher that's already there in the classroom.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT MARCELLINO:The sponsor yields.
SENATOR O'MARA:Yes, I do.
SENATOR KRUEGER:So my understanding is that phys ed teachers are actually licensed and certified as phys ed teachers in the State of New York. Is there any part of their educational training requirements that involve them becoming experts in hunting and the teaching of hunting?
SENATOR O'MARA:I do not know the answer to that Senator, as to whether that's part of their education and training or not.
But the legislation directs that DEC work in conjunction with the Commissioner of Education to develop these materials that would be provided for the teachers to utilize in their instruction.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARCELLINO:The sponsor yields.
SENATOR KRUEGER:Would we be testing them at the end of the course to determine their grade on their hunting curriculum?
SENATOR O'MARA:Yeah, I assume that there would be testing, however it's done in any other phys ed circumstance. You know, I don't see this being part of Common Core with the ability to opt out of whatever tests they may not want to take.
But phys ed is graded in a number of ways -- not necessarily with written tests, but just based on activity and enthusiasm in the gym.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT MARCELLINO:I'm sure the sponsor yields.
SENATOR O'MARA:Yes.
SENATOR KRUEGER:Thank you.
So if 10 students come and say we want a class in bow hunting, another 10 come and say they want a class in muscle loading, another 10 come and say they want a class in crossbow hunting, another 10 come and say they want a class in rifle hunting, does the school have an obligation to offer four or five or six different classes in different kinds of hunting?
SENATOR O'MARA:That's not my reading of the legislation or my intention.
It would be able to provide a general instruction and information on the various aspects of hunting and fishing, to get our youth more involved in these activities.
These are physical activities that individuals can carry on throughout their entire life, much more so than playing team sports or some of the other activities that take place in gym class. And we want to encourage young people to partake in these healthy activities, and it's something they can do for the rest of their life.
SENATOR KRUEGER:On the bill, Mr. President.
ACTING PRESIDENT MARCELLINO:Senator Krueger on the bill.
SENATOR KRUEGER:I thank the sponsor for his answers.
I cannot vote for this bill. One, it actually should be in discussions with SED for Education Law, far more than DEC with Environmental Conservation Law.
Two, it's an unfunded mandate for our schools. Because I actually, when I read the bill, I think if you have a hundred different students who come in in groups of 10 and want different subsetted classes in different areas of hunting and fishing, that school would be expected or obligated to come up with 10 different teachers creating 10 different units in 10 different kinds of hunting.
I don't know about the issue of testing in phys ed. It's true much physical ed is involved with can you accomplish A, B and C, and they let you know. But I guess a hunting class, because I'm assuming we're not having them actually hunt during the school hours -- well, your face makes me think I'd better ask another question, Mr. President.
ACTING PRESIDENT MARCELLINO:It's the coffee.
SENATOR KRUEGER:It's the coffee, okay.
So I don't think we're taking them out hunting or fishing during the school day, so I'm not sure how we would evaluate the success or failure of the classes.
Given so much pressure on our school systems, so many demands on our young people and on our teachers, I actually don't think it is good public policy for a mandate like this, with not nearly enough detail, no money and an assumption of costs by the individual school districts.
I also just -- as long as I'm up here explaining my vote, I'm so disappointed that on Earth Day we have a package of bills that in theory relate to Earth Day, but none of them involve improving climate change, or apparently it's politically incorrect to say the term. None of the bills actually match with the assignment of what we're supposed to be doing today.
So I wish there was a different group of bills today. Perhaps tomorrow we can deal with some of the harder EnCon bills that we are not touching today.
But I will need to vote no on this, Mr. President. Thank you.
ACTING PRESIDENT MARCELLINO:Is there anyone else who wishes to speak on this bill?
Seeing none, the debate is closed. The Secretary will ring the bells.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of July.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARCELLINO:Senator Bonacic to explain his vote.
SENATOR BONACIC:Thank you, Mr. President.
I'm not going to support this bill because it's a mandate on the school districts.
But what you did today, you approved a similar bill, which was Senate Bill 4368, which was similar to what Senator O'Mara was trying to pass.
Now, let me talk about an aspect of this that you may not have considered. Obesity in our country and our state is growing. They anticipate that a third of the youth are obese. And part of the reason is not only the kinds of foods that they may eat, with the fast food generation, but it's because they're addicted to the Internet, to video games, and they don't have a tendency to engage in any outdoor activity.
I happened to be at my local school district and witnessed a phys ed class where high school kids were asked to walk around a track once. Four times was a mile, but once was all that was required for their physical ed training or activity.
What we're trying to do is to allow our youth and educate our youth there are things out there that are worth pursuing that engages more physical exercise, where they can enjoy themselves whatever they do, to help a healthier lifestyle, help reduce obesity. That's really the purpose of my bill and I think Senator O'Mara's bill.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:Senator Gianaris to explain his vote.
SENATOR GIANARIS:Thank you, Mr. President. I just wanted to comment on this bill.
I'll be voting no, and in part it's because there's a distinction between this bill and the similar bill we passed earlier. It's because this bill allows any 10 students in a school to require this change, as opposed to the bill we passed earlier.
And since I heard the comments that were just made, and I do agree that we need to make sure our kids in school have an appropriate amount of time and dedication to physical education, I would also point out that then it would behoove the majority to not pass a budget that puts so much emphasis on testing so that the kids are not focused on things like physical education and other aspects of schooling that would perhaps be more beneficial to their health because they're too busy being taught to the tests that we're requiring that so many of us think are excessive and should not happen.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: I'd hate to overtax the students. I mean, it would be a horrible thing for students to be overtaxed to actually be able to exercise and take tests. That would be awful.
But I'm going to vote yes anyway.
(Laughter.)
ACTING PRESIDENT MARCELLINO:Senator DeFrancisco will be recorded in the affirmative.
Announce the results, please.
THE SECRETARY:In relation to Calendar Number 344, those recorded in the negative are Senators Carlucci, Comrie, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Krueger, Little, Montgomery, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky. Also Senator Bonacic.
Absent from voting: Senator Breslin.
Ayes, 42. Nays, 18.
ACTING PRESIDENT MARCELLINO:The bill is passed.
THE SECRETARY:Calendar Number 360, by Senator Ortt, Senate Print 4279, an act to amend the Tax Law.
ACTING PRESIDENT MARCELLINO:Read the last section.
I'm sorry -- Senator Gianaris, why do you rise?
SENATOR GIANARIS:Mr. President, I believe there's an amendment at the desk. I ask that the reading of the amendment be waived and that I may be heard on the amendment.
ACTING PRESIDENT MARCELLINO:Senator, there is an amendment at the desk which I have reviewed. And your amendment, I rule that it is not germane to the bill and is therefore out of order.
SENATOR GIANARIS:Thank you, Mr. President. I would like to appeal from that decision and ask that I be heard on the appeal.
ACTING PRESIDENT MARCELLINO:You may be heard on the appeal.
SENATOR GIANARIS:Thank you.
My amendment to this legislation is germane because it does maintain the same purpose and address the same area of law as the underlying bill.
The main bill we're about to discuss provides a tax cut for residential geothermal heat pump systems, which I agree is a good cause that will help single-family homeowners.
But as long as we are engaged in an effort to reduce the tax burden on the middle class, I would like to suggest this amendment that specifically pertains to tax relief that was given to the upper classes of our state and the wealthy. In our recently enacted budget the Senate majority led the way to enact the notorious tax exemption on sales tax for yachts and luxury airlines.
The exemption on yachts applies to boats more than $230,000 a year. So for anyone who wants to buy a boat up to $230,000, the taxes apply. But for those who want to buy only the most expensive yachts is the way the tax break applies. Similarly, private jets getting a tax break were also included in that budget.
At the same time, we didn't do anything to increase the minimum wage in this year's budget. We didn't do anything to enact paid family leave in this year's budget. But we did take the time to enact a tax cut on the people who need it the least in the state.
Now, some members of the majority are trying to have it both ways. So we vote for the budget, and then we suggest legislation to repeal the thing we just voted on. So this amendment actually mimics Senate Bill 4816 word for word. And I would suggest that if people do support repealing the yacht and the private airplane tax, they should vote for the germaneness of this amendment and vote for the amendment so we can agree to get rid of it once and for all.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:Anybody else wishing to be heard?
Seeing none, the debate is closed.
All those in favor of overruling the ruling of the chair please say aye.
SENATOR GIANARIS:Show of hands.
ACTING PRESIDENT MARCELLINO:Show of hands.
Announce the results, please.
THE SECRETARY:Ayes, 24.
ACTING PRESIDENT MARCELLINO:The ruling of the chair is upheld.
Read the last section on the bill.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
Senator Breslin absent from voting.
ACTING PRESIDENT MARCELLINO:The bill is passed.
Senator DeFrancisco, that concludes the controversial reading of the calendar.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT MARCELLINO:I am told the desk is clear, sir.
SENATOR DeFRANCISCO: Okay. That being the case, we're adjourned until Thursday, April 23rd, at 11:00 a.m.
ACTING PRESIDENT MARCELLINO:On motion, the Senate stands adjourned until Thursday --
SENATOR GIANARIS:Mr. President.
ACTING PRESIDENT MARCELLINO:I'm sorry?
SENATOR GIANARIS:I apologize. Before we adjourn, I think we should just recognize we have a birthday in the chamber today: Reverend Senator Ruben Díaz.
(Applause; cross-talk.)
ACTING PRESIDENT MARCELLINO:(Gaveling.) If the birthday boy would take his hat off in chambers, that would be helpful.
On motion, the Senate stands adjourned until Thursday, April 23rd, at 11:00 a.m.
(Whereupon, at 5:42 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.