Gaveled in 3:47 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 27, 2015
3:47 p.m.
REGULAR SESSION
SENATOR THOMAS D. CROCI, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT CROCI:The Senate will come to order.
I'd ask that everyone present please rise and repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT CROCI:With us this afternoon we have Reverend Young, of the Mother Teresa Community in Albany, who will give the invocation.
REVEREND YOUNG:Thank you, Senator.
Ever-living God, we gather here in this Senate chamber as members representing our constituents to provide leadership for our New York State citizens.
Let Your spirit enlighten our minds and guide our actions, that we may be united in love and bring to fulfillment the work of government for the greater honor and glory of our citizens and of God.
As we look forward five days ahead to the month of May, and we look to the better weather report, by being a Senator we have to be optimistic. And being a Senator, you have been accepted into the leadership position so that you can more fully serve the people of New York.
In the spirit of community, our prayer today will be to better achieve the goal of dedicated representation in the power that is entrusted to all of our legislative leadership. May we attain your satisfaction in your services to your constituency and be blessed by God.
Amen.
ACTING PRESIDENT CROCI:Reading of the Journal.
THE SECRETARY:In Senate, Friday, April 24th, the Senate met pursuant to adjournment. The Journal of Thursday, April 23rd, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT CROCI:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 27, Senator Lanza moves to discharge, from the Committee on Cities, Assembly Bill Number 5620B and substitute it for the identical Senate Bill Number 3688B, Third Reading Calendar 320.
ACTING PRESIDENT CROCI:The substitution is so ordered.
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: Thank you, Mr. President. It's nice seeing you up there. You've risen fast in the system.
Mr. President, on page number 13 I offer the following amendments to Calendar Number 112, Senate Print 1636, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: In addition, on page 23, I offer the following amendments to Calendar 255, Senate Print 3461, and ask that that also retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: And finally, on page 25, I offer the following amendments to Calendar 290, Senate Print 4403, and ask that the bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:It is so ordered.
SENATOR DeFRANCISCO: Can we now have the noncontroversial reading of the calendar.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 78, by Senator Marcellino, Senate Print 390, an act to amend the General Municipal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall effect on the 60th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 53.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 95, by Senator Flanagan, Senate Print 1999, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:Ayes, 52. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 150, by Senator Gallivan, Senate Print 70, an act to amend the Vehicle and Traffic Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT CROCI:Lay the bill aside.
THE SECRETARY:Calendar Number 162, by Senator Hannon, Senate Print 1111, an act to amend the Public Health Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator Hannon to explain his vote.
SENATOR HANNON:Yes, Mr. President. I just want to comment, on explaining my vote, that this streamlines the Certificate of Need process for hospital and related construction applications by applying the existing federally qualified health systems' time frames to these others, so we cease needlessly delaying progress in this state with new facilities.
Thank you. I vote aye.
ACTING PRESIDENT CROCI:Senator Hannon, you will be recorded in the affirmative.
Announce the result.
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 198, by Senator Marchione, Senate Print 3738A, an act to amend the County Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 204, by Senator Savino, Senate Print 3996, an act to amend the Banking Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 231, by Senator Venditto, Senate Print 3822, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 244, by Senator Seward, Senate Print 1296, an act to amend the Insurance Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 266, by Senator Ranzenhofer, Senate Print 877, an act to amend the Elder Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 305, by Senator Gallivan, Senate Print 85, an act to amend the Social Services Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 54.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 320, substituted earlier by Member of the Assembly Goldfeder, Assembly Print 5620B, an act to amend the Real Property Tax Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55.
ACTING PRESIDENT CROCI:Senator Sanders to explain his vote.
SENATOR SANDERS:Thank you, Mr. President.
I want to explain that as a Senator who is still recovering personally and represents the people of the Sandy-damaged areas, I think that this is an excellent bill. And I'm sad that I can't tell the sponsor immediately, but I will.
We are not through. We're not out of the woods down there. We're still catching a lot of Hades on the ground. And this is a step towards making sure that the good hardworking people of my district can recover and rejoin the family of New York State.
Thank you very much, sir.
ACTING PRESIDENT CROCI:Senator, you will be recorded in the affirmative.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
Senator DeFrancisco, that concludes the reading of the noncontroversial calendar.
SENATOR DeFRANCISCO: Can we now have the controversial reading of the one bill on that calendar.
ACTING PRESIDENT CROCI:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 150, by Senator Gallivan, Senate Print 70, an act to amend the Vehicle and Traffic Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT CROCI:Very good. Senator Gallivan for an explanation.
SENATOR GALLIVAN:I'm sorry, did Senator Krueger ask for an explanation?
ACTING PRESIDENT CROCI:I believe she did.
Senator Krueger?
SENATOR KRUEGER:Yes.
SENATOR GALLIVAN:Yes, Mr. President. This bill would permit tandem trailers to travel from Exit 49 of the New York State Thruway for approximately half a mile to a shipping and receiving location.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would yield.
ACTING PRESIDENT CROCI:Will the sponsor yield?
SENATOR GALLIVAN:I do.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
Has the sponsor spoken with DOT and the Thruway Authority about allowing this exception to state law?
SENATOR GALLIVAN:I'm sorry, I didn't hear the question.
ACTING PRESIDENT CROCI:Senator, can you repeat the question, please?
SENATOR KRUEGER:Certainly.
Has the sponsor spoken with the Department of Transportation and the Thruway Authority about this legislation, which would be an exemption from state law?
ACTING PRESIDENT CROCI:Senator Gallivan.
SENATOR GALLIVAN:When our office was doing its due diligence in researching this law, we did find out that this will add another designated route to the current list of 22 exemptions.
And we did speak with the Department of Transportation. I'm not sure if anybody from my office spoke with the Thruway Authority or not.
SENATOR KRUEGER:Thank you.
Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the Senator continue to yield?
SENATOR GALLIVAN:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
Is the sponsor aware that this was a former Superfund site? And I'm asking because I wonder if we know if the cargo being transported along this route designated by the legislation might include any kind of hazardous material being transported to or from this area.
SENATOR GALLIVAN:Mr. President, through you, this bill deals with a designated route. I'm not aware that the state road and the local road, whether or not they were on the Superfund site or not.
The bill does not mean this is going to happen. The bill would then direct the Department of Transportation to do an engineering or a safety study to determine whether it was safe or not. And ultimately the local jurisdiction would have to approve or disapprove of any business use of the particular property at the end of the route.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR GALLIVAN:I will.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
Is the sponsor aware there's a specific trucking company along this route on Pfohl Road? And what kinds of -- what do they truck from and to this location?
SENATOR GALLIVAN:At this point in time -- is Senator Krueger asking about what they will truck if this bill is approved?
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Through you, yes.
To clarify, I'm assuming they do truck now but they don't use tandem trailers, but they'd wish to use tandem trailers. So I'm wondering what it is they truck or intend to truck when and if they get permission to use tandem trailers.
SENATOR GALLIVAN:Tandem trailers are not currently provided -- are not allowed on this designated route. The DOT would make the ultimate determination whether or not tandem trailers could travel this route safely. I believe that that would include they would consider what they were carrying or not.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR GALLIVAN:I will, yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
So my understanding is there's one trucking facility on this road. And so I'm wondering what it is they truck in and out even without the tandems now.
ACTING PRESIDENT CROCI:Is that a question, Senator?
SENATOR KRUEGER:Yes, it is, sir.
ACTING PRESIDENT CROCI:Senator Gallivan.
SENATOR GALLIVAN:My understanding is that -- the initial call to our office came from a local businessman who was interested in establishing a business but current law stood in his way. So I am not aware of the particular business that Senator Krueger is talking about.
But I would also point out that this route will be approximately one-half of a mile from the Thruway. It will cover two different roads. And there are businesses located at least on one of the roads that I'm aware of that would be permitted to use this as well.
SENATOR KRUEGER:Through you, Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT CROCI:Will the sponsor yield?
SENATOR GALLIVAN:I will.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
So as I look at the Senator's bill, it would be the Thruway to Highway 78, also known as the Transit Road, to P-F-O-H-L Road. I'm not sure how to pronounce it; I'll take a guess at "Foal" Road.
I only see one facility on that road, so I'm wondering if there are other companies on some other roads. But I don't believe they would be included in this legislation.
ACTING PRESIDENT CROCI:Senator Gallivan.
SENATOR GALLIVAN:This legislation was -- the language in this particular legislation, which would provide for a subdivision -- I'm sorry, a paragraph V of Subdivision 16 of Section 385 of the Vehicle and Traffic Law, was taken from subdivision U, which was passed by the Senate in 2008. Senator Krueger voted aye on this bill.
The language in 2008, S6184, that language was patterned after section T of Subdivision 16 of Section 385 that was passed in 2006, Senate Bill 6971. Senator Krueger voted aye on that.
We are looking to accomplish the same thing, subject, of course, to the State Department of Transportation doing a traffic study and determining whether it is safe to do so or not. Anything related to businesses would be determined by the local governing authority.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield, please.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR GALLIVAN:I will.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you. So I appreciate the sponsor's answers. And just to make sure I understood the end of the last question/answer, the local board would have to -- even if we pass this into state law, it would still require a local board to approve this route.
One, did I correctly understand the sponsor saying that? And, two, what is the local board that would have to approve this route?
SENATOR GALLIVAN:No, the Department of Transportation would do a safety study and make the determination, if we were to pass this, whether or not a tandem trailer could safely travel that route.
Anything related to businesses that access that route or travel that route on the private property, that's subject to whatever the rules are locally. This legislation does not deal with any specific business. It only deals with the route.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GALLIVAN:I will.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
So again, my understanding is there's a role for us in the Legislature, there's a role for the State Department of Transportation. Is there a role -- these are either county or town roads, I'm not actually sure. Is there a role where the county and/or town has to approve this? Because the concern, my understanding about tandem trucks is that they are much heavier and can do more damage to roads, which then require perhaps more repair.
So is there something within the section of law that this bill is amending that gives the power to the county and/or town, depending on whether this route includes county or town roads, that allows them to say yes or no?
SENATOR GALLIVAN:No.
SENATOR KRUEGER:No. Thank you.
Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor yield?
SENATOR GALLIVAN:I will.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
So when you look at a map of the area, there are several other companies that are involved in trucking on other roads very nearby but not in the express route described in Senator Gallivan's bill. If --
ACTING PRESIDENT CROCI:Senator, are you on the bill now or is this a question?
SENATOR KRUEGER:No, it's a detailed question. Thank you.
So has the sponsor yielded? I want to make sure he yielded.
SENATOR GALLIVAN:Yes.
SENATOR KRUEGER:Thank you.
So this bill is for an explicit route that it appears only one company that's involved with trucking could take advantage of. But there's several other trucking companies on very nearby roads, and I'm wondering whether there should be any concern that the trucking companies who are right off of Transit Road and right off of Aero Drive might object or even sue over the fact that one company was allowed to use these double tandem trucks but they are not.
SENATOR GALLIVAN:I am not aware of any other -- any concerns that other businesses have.
And it would also be my understanding that the tandem trailers traveling along this route would be able to access anything along the route up until the end point of the designation.
SENATOR KRUEGER:On the bill, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank the sponsor for taking the time to help me understand the bill.
And I'm left with the dilemma that I am concerned that even though there are any number of I believe he said 22 other exemptions in law -- and I don't have any of the history of any of those memorized -- my concern here is, one, there are other companies in the immediate area that I do not believe this legislation would apply to. And so I have a concern that it would be viewed as an unfair prioritizing of one trucking company over other trucking companies.
Two, because we don't know what they plan on trucking to and from this facility in the double tandems -- but I have to believe it's something they can't do now in the existing trucks that are legal -- I have concerns about what they might be trucking and whether we should have added concerns because it's within the area of a Superfund area that had very high radioactivity until cleanup was taking place.
Three, I'm concerned, even though it's not my town, it's not my county, that the reason New York State has a policy, by and large, of not allowing the double tandem trucks is because they are heavier, with cargo, and they can do more damage to local roads, county roads. And I'm concerned that because this bill isn't written in a way that the town or county impacted has the right to say no, that we are giving them a new cost in repairing their roads without giving them an opportunity to opt out.
So I'll be voting no, Mr. President. Thank you.
ACTING PRESIDENT CROCI:The Senator will be recorded in the negative.
Senator DeFrancisco.
SENATOR DeFRANCISCO: We're still on the bill, right?
ACTING PRESIDENT CROCI:On the bill.
SENATOR DeFRANCISCO: Would Senator Krueger yield to a question?
ACTING PRESIDENT CROCI:Senator Krueger, will you yield?
SENATOR KRUEGER:Absolutely.
SENATOR DeFRANCISCO: Would you reconsider that negative vote if you understood or knew that the truck was transporting marijuana?
(Laughter.)
SENATOR KRUEGER:Well, I wouldn't be concerned about a toxic accident because I actually don't think a marijuana spill would lead to any toxicity or danger in the area. But if I knew it was natural gas, I might be more concerned.
But I think the issues would pretty much be the same. Let's say there were three trucking companies trucking marijuana in that area but we only allow the exception for one. I think that would be unfair.
And while I don't think marijuana is particularly heavy, I would have the same concerns about the impact on local and county roads without giving them permission.
So while I fear my friend and colleague might be a little tongue-in-cheek with this question, yes, I would actually have to vote no as well.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Thank you, Senator Krueger.
Are there any other members wishing to be heard on this issue?
Seeing none, debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the results.
THE SECRETARY:In relation to Calendar Number 150, those recorded in the negative are Senators Krueger and Sanders.
Absent from voting: Senators Dilan and Sampson.
Ayes, 54. Nays, 2.
ACTING PRESIDENT CROCI:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT CROCI:No further business.
SENATOR DeFRANCISCO: There being none, we are adjourned until Tuesday, April 28th, at 3:00 p.m.
ACTING PRESIDENT CROCI:On motion, the Senate stands adjourned until Tuesday, April 28th, at 3:00 p.m.
(Whereupon, at 4:15 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.