Gaveled in 3:23 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 12, 2015
3:23 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:Today's invocation will be offered by the Reverend Mark Appell, senior pastor, Perth Bible Church in Amsterdam, New York.
Reverend?
REVEREND APPELL:Thank you.
Let us pray.
Sovereign Creator of the universe, we thank You for Your love, mercy and grace You have showered on our great state.
I'm here today to bring a prayer of invocation, so I humbly invoke Your help for these legislators.
Grant them understanding of the issues they will deal with today, wisdom to know how to do and what to do, courage to vote and speak the way You would have, and strength to be faithful to the office You have called them to.
Guide them as they seek justice in their dealings and equity for our state. Protect our legislators and their families. I ask for Your blessing on the Senate and the people of our state.
I humbly make these requests to You in the strong and mighty name of my Creator, Lord and Savior, Jesus Christ.
Amen.
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Monday, May 11th, the Senate met pursuant to adjournment. The Journal of Friday, May 8th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal will stand approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports of state officers.
Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, could you please adopt the Resolution Calendar, with the exception of Resolutions 2049, 2058, 2081 and 2116.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar, with the exception of Resolution Numbers 2049, 2058, 2081 and 2116, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Would you please take up Resolution 2049, by Senator Little, read it in its entirety, and then recognize Senator Little.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2049, by Senator Little, memorializing Governor Andrew M. Cuomo to proclaim May 10-17, 2015, as Fibromyalgia Awareness Week in the State of New York.
"WHEREAS, An estimated 10 million people in the United States and an estimated 3 to 6 percent of the world's population --
ACTING PRESIDENT GRIFFO:Can I have some order in the chamber, please.
The Secretary will continue.
THE SECRETARY:"WHEREAS, An estimated 10 million people in the United States, and an estimated 3 to 6 percent of the world's population, have been diagnosed with fibromyalgia, an illness for which there is yet no known cause or cure; and
"WHEREAS, A chronic syndrome that is increasing at alarming rates, fibromyalgia causes debilitating widespread pain and fatigue, appears to have a genetic component, and occurs in women, men, and children of all ethnicities; and
"WHEREAS, Patients with fibromyalgia often have to learn to live with widespread pain throughout their bodies, extreme fatigue, sleep disorders, stiffness and weakness, migraine headaches, numbness and tingling, and impairment of memory and concentration; and
"WHEREAS, It often takes an average of five years to receive a diagnosis of fibromyalgia, and medical professionals frequently are inadequately educated regarding the diagnosis and treatment of fibromyalgia; and
"WHEREAS, A 2007 study found that fibromyalgia patients spend between $100 and $1,000 per month above insurance costs to see healthcare providers; costs in the United States are estimated between $12 and 14 billion per year, and account for the loss of 1 to 2 percent of the nation's productivity; and
"WHEREAS, According to a survey of 1,168 fibromyalgia patients, 25 percent had received disability payments, and total healthcare costs may be two to three times higher than patients without fibromyalgia; failure to diagnose and adequately treat fibromyalgia has deep financial implications for patients and for the healthcare system; and
"WHEREAS, According to a fact sheet provided by the National Fibromyalgia Association, 90 percent of physicians agree there is a need for more physician-oriented information, and 82 percent of physicians agree that fibromyalgia is difficult to treat with currently available tools; use of complementary and alternative medicine is two and a half times higher in fibromyalgia patients; and
"WHEREAS, Increased awareness and expanded knowledge of the realities of life with fibromyalgia will allow the community at large to better support people who struggle with the challenges of this chronic pain disorder; and
"WHEREAS, A nonprofit charitable organization, the National Fibromyalgia and Chronic Pain Association has joined together with other groups around the country, including the International Institute for Human Empowerment, Inc., based in New York State, to promote fibromyalgia awareness and support, including improved education, diagnosis, research and treatment; and
"WHEREAS, The International Institute for Human Empowerment, Inc., a nonprofit organization in the Capital District of New York, is the sponsor of various fibromyalgia awareness events, as well as the Select Empowerment Seminar report: 'Fibromyalgia: Awareness, Advocacy, and Action,' encouraging the medical community, patients, employers, government health and human rights agencies, educators, and caregivers to work together to support and improve the lives of fibromyalgia patients; and
"WHEREAS, The International Institute for Human Empowerment, through the leadership of its founder and executive director Sue Shipe, Ph.D., recently initiated a Fibromyalgia Task Force with the stated intentions to secure support for a new edition of 'Fibromyalgia: Awareness, Advocacy and Action,' of which 5,000 reports have already bee distributed locally, nationally, and internationally; to create a scholarship for fibromyalgia patients to access complementary therapies which are not covered by insurance; and to provide continued public conferences regarding new research findings regarding fibromyalgia; and
"WHEREAS, To address the concern that the average time to fibromyalgia diagnosis is five years, the Fibromyalgia Task Force will provide legislative awareness and seek legislative action to improve physician education by supporting medical schools in New York State to provide fibromyalgia education for physicians; and
"WHEREAS, This Legislative Body recognizes the generous efforts of two of its outstanding citizens on behalf of fibromyalgia patients residing in New York State: Dorota L. Hausner-Sypek, M.D., of the Center for Rheumatology, Bone and Joint Center, Albany, New York, supports many patients with fibromyalgia and other rheumatic illnesses, and collaborates with the International Institute for Human Empowerment in distributing to patients and other physicians copies of the report 'Fibromyalgia: Awareness, Advocacy and Action'; she has spoken at and has been a resource for fibromyalgia conferences in the Capital District of New York; and
"WHEREAS, This Legislative Body recognizes the critical work of Social Security Disability Attorney Ira Mendleson, III, Esq., of Buckley, Mendleson, Criscione and Quinn, P.C., of Albany, New York, for providing outstanding service to fibromyalgia patients; Mr. Mendleson presented at the Select Empowerment Seminar on fibromyalgia in regard to the application process for Social Security Disability, contributed an expert article for the report 'Fibromyalgia: Awareness, Advocacy and action,' and has presented at fibromyalgia conferences in the Capital District of New York; Mr. Mendleson is also a valuable resource on the Fibromyalgia Task Force of the International Institute for Human Empowerment; and
"WHEREAS, The work of Dorota L. Hausner-Sypek, M.D., and Ira Mendleson, III, Esq., is greatly valued, especially by those patients whose lives, families and careers have been disrupted by fibromyalgia; and
"WHEREAS, Medical research in the Capital District of New York is making significant progress in the area of fibromyalgia and chronic pain, and deserves the support of the people of New York; and
"WHEREAS, The community's focus on fibromyalgia and its impact on patients' lives will help guarantee hope for a better future for people with fibromyalgia; and
"WHEREAS, This Legislative Body recognizes the needs of those chronically ill people who suffer from fibromyalgia, and urges all of our citizens to support the search for a cure and assist those individuals and families who deal with this devastating syndrome on a daily basis; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim May 10-17, 2015, as Fibromyalgia Awareness Week in the State of New York; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the Honorable Andrew M. Cuomo, Governor of the State of New York; the International Institute for Human Empowerment, Inc.; the Center for Rheumatology, Bone and Joint Center, Albany, New York; and Buckley, Mendleson, Criscione and Quinn, P.C., Albany, New York."
ACTING PRESIDENT GRIFFO:Can I have some order in the chamber, please.
Senator Little on the resolution.
SENATOR LITTLE:Thank you, Mr. President.
Each year it is my privilege to ask the body of this Senate to pass a resolution for a Fibromyalgia Week so that more and more people will become aware of what fibromyalgia is and the devastating effects it has on those who are afflicted with it.
Women represent more than 75 percent of those who are affected with fibromyalgia, although it can affect children and men as well. And every patient presents differently, which makes diagnosis a real challenge. Sometimes --
ACTING PRESIDENT GRIFFO:Excuse me, Senator Little.
I'm going to ask one more time, please. I know there's a lot of activity in the chamber right now. But if you can take conversations outside the chamber so we can hear the members. It's very difficult for the stenographer to hear right now. So please, if we can take those conversations outside the chamber.
Senator Little, please continue.
SENATOR LITTLE:As I said, fibromyalgia presents itself differently in every single patient, making it very difficult to diagnose. In some cases it is a primary disease, in others may be secondary to lupus, rheumatoid arthritis or even cancer.
But fibromyalgia patients also have a very unique set of problems, because fibromyalgia is not well known and the research is not really accepted as well in medical schools. Many doctors are not even aware of what fibromyalgia can do.
So it can take a long time, many years, for someone to actually finally be diagnosed with fibromyalgia. Unfortunately, in the meantime, patients often lose their jobs, their financial independence, and unfortunately even their spouses.
Treatment of fibromyalgia includes medication to relieve symptoms, exercise as tolerated, lifestyle changes to remove stress and improve sleep quality, improved diet, and many complementary therapies.
The disorder can be seen in families, among siblings, among parents and children, and it can affect and usually affects people between the ages of 20 and 50 years old.
Delay of the diagnosis, as you can imagine, can cause the person a lot of discomfort, pain and expense. It also allows the illness to progress, too often to the level of absolute disability.
I really want to thank the Governor for proclaiming this in previous years and doing so this year, because awareness is so important, as well as advocacy.
And we are joined today by several people who are advocates for making fibromyalgia better known and to improve research. And these are people who are right here in our Albany area. We have with us Dr. Hausner, Ira Mendleson, III, and Sue Shipe, all from the Fibromyalgia Task Force. We're fortunate that the Albany Medical Center is very involved in the research of fibromyalgia.
And I appreciate them for coming today and ask all of you to join me in this resolution.
Thank you.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Senator Little would like the resolution open for the entire house. If you don't want to be on, please notify the desk.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, I'd appreciate it if you recognize Senator Golden to introduce a very important international individual. And I would appreciate it if the house would please show their respect during this introduction.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Golden, you're recognized.
SENATOR GOLDEN:Thank you, Mr. President.
And thank you, Senator DeFrancisco.
We have today with us Ambassador Zhang Qiyue, who has just taken over the position recently.
She started her diplomatic career in 1982, and has held many distinguished titles: Chinese Ambassador to Belgium and Indonesia, Secretariat of United Nations Headquarters in New York and Chinese Permanent Mission to the United Nations. From 1998 to 2004, she was the spokeswoman of the Chinese Foreign Ministry as well as Deputy Director General of the Information Department. And from 2012 to 2014, she was Director General of the Department for Diplomatic Missions Abroad.
Our relationship with China has grown over the years. We've seen in education how we've advanced in education in both of our countries, and we've exchanged students and we've seen technology and economic development grow, not just tremendously between our two nations but tremendously around the world, in the great success and the great relationships that we share with China.
And I thank you for being here, Madam Ambassador, for taking the time out to visit our chambers here and to be in the State Capitol of the great State of New York.
It is our privilege, as we see the Chinese-American community growing across the country but specifically here in the City and State of New York. Today we're almost up to a million Asian-Americans living in the City of New York out of 8.5 million people, of which the majority of them are Chinese-Americans.
And we were capable of being able to pass in the City Council, when I was there, an Asian Lunar New Year bill, and one here in the State Senate.
And working with Senator Squadron, we're obviously trying to get an official holiday for the City of New York. And hopefully the good mayor of the City of New York will acknowledge that and give us the bill that we will pass here very, very shortly, giving it and making it an official holiday for the residents of this great state.
We thank you for your leadership. We thank you for you visiting, again, our great state house. Thank you, Godspeed, and welcome. Enjoy.
Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Stavisky.
SENATOR STAVISKY:Thank you, Mr. President.
Welcome, Ambassador Zhang. Da jia hao. And Huan ying lai dao Albany, which means welcome, in my New York accent, welcome to Albany. And welcome back home as the Consul General from the People's Republic of China.
I represent, as I've said many times, approximately 200,000 Asian-Americans. And while they are Americans, they retain their roots. And I think that's important because all immigrants retain their roots to the country where they came from.
And I'm very proud to have the ambassador here today. We met originally at a newspaper in Manhattan when she first came to New York, came back to New York in her capacity as Consul General.
So again, we welcome you to Albany. And we wish you continued success in representing the interests not only of the People's Republic of China, but also in the cooperation, both economically and socially and culturally, with the Asian-American community in the United States and particularly in Queens.
So again, we thank you and we welcome you.
ACTING PRESIDENT GRIFFO:Senator Squadron.
SENATOR SQUADRON:Thank you, Mr. President.
And I just want to also add my greetings, my gratitude for joining us here and for again highlighting the importance of the relationship that we share and of the growing, vibrant, and so critically important community in my district and across New York City and all of New York State.
And I want to thank Senator Golden especially, along with Senator Stavisky, for the work they've done to bring Asian Lunar New Year to be a school holiday, which together we're going to get done, and, as Senator Golden pointed out, is just a sign of how, as we change and evolve, hopefully our relationship can evolve with it. And we look forward to celebrating with you when that becomes reality very shortly.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hamilton.
SENATOR HAMILTON:Thank you, Chair.
I just want to say ni hao ma, xie xie. Welcome to Albany.
I just want to say I have one of the largest Asian populations in the State of New York here in Sunset Park. And the Asian community is the backbone, the catalyst for small business owners. I see Louie Lee {ph} there also, xie xie to you.
And I just want to say that I am proud to represent the community in Sunset Park, the Asian community, which is economically the driving engine of small business owners in my district.
I want to thank Senator Golden for having the opportunity to bring Ms. Zhang here to Albany. I admire you. You mentioned how you were here some 20 years ago and you couldn't speak English. Now you're here today, and you speak it better than me. God bless you.
So I just want to say thank you for your drive, your inner drive. I look forward to working with you, Madam Consul General, and God bless you.
Thank you very much.
ACTING PRESIDENT GRIFFO:We welcome you, Madam Ambassador, as Consul General of the People's Republic of China, here to the United States and the State Capitol. Thank you for being with us. We extend the courtesies of the house to you.
(Applause.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Please take up Resolution 2116, by Senator Kennedy, and read it in its entirety.
ACTING PRESIDENT GRIFFO:The Secretary will read.
SENATOR DeFRANCISCO: Oh, no, excuse me. Horrible mistake. Title only.
(Laughter.)
ACTING PRESIDENT GRIFFO:The Secretary will read the title only.
THE SECRETARY:Legislative Resolution Number 2116, by Senator Kennedy, commemorating the 40th consecutive Juneteenth Festival Parade upon the occasion of the Juneteenth 40th Anniversary Gala on May 15, 2015.
ACTING PRESIDENT GRIFFO:Again, I'm going to ask for some order in the house, please.
I know members are trying to meet the ambassador, but Senator Kennedy has the floor.
SENATOR KENNEDY:Thank you, Mr. President.
I rise today to acknowledge an important event in my district, the Juneteenth 40th Anniversary Gala this Friday, May 15th, and to recognize those who have been committed to carrying on a celebrated tradition, the Juneteenth Festival of Buffalo for 40 years.
It's a tradition I've been honored to participate in for several years. Started in 1976 by the Juneteenth Festival of Buffalo, Inc., then known as B.U.I.L.D., the festival was created to celebrate a culturally relevant alternative to the country's bicentennial celebration as well as celebrate the ending of the Civil War and the freedom for all slaves in the United States.
For 40 years the members of this nonprofit organization staffed entirely by volunteers have made extraordinary contributions to our community. Committed to promoting the history of African-American heritage through educational and cultural activities, the Juneteenth Festival of Buffalo, Inc., organizes one of the largest annual parades in the City of Buffalo Brook and by far one of my favorites to march in.
After having outgrown the original location on Jefferson Avenue, the parade now marches down Genesee Street to an audience of thousands. It gets bigger and bigger every single year. The parade culminates in Martin Luther King, Jr., Park, where hundreds of vendors gather to sell ethnic foods and wares, live music is played, and families spanning generations come together to take part in the entertainment.
The members and volunteers of this wonderful organization should be commended for their hard work and tremendous dedication to our community in hosting this event that's gaining greater and greater magnitude every single year.
I'm honored to have the opportunity to recognize and thank the Juneteenth Festival of Buffalo organizers and congratulate them on the occasion of their 40th Anniversary Gala.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Would you please take up Resolution 2058, from Senator Squadron, and again read the title only, please.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2058, by Senator Squadron, commemorating the 150th Anniversary of the New York City Fire Department.
ACTING PRESIDENT GRIFFO:Senator Squadron.
SENATOR SQUADRON:Thank you, Mr. President.
I rise to commemorate the 150th anniversary of the New York Fire Department, the FDNY, to honor their service in the past, and to thank them for all they have done, continue to do, and will continue to do hopefully for many, many years to come.
Look, we all know that fire departments across this state, across this nation are on call so that we can rest easy knowing that we will be protected when and if an emergency strikes. And that's exactly what FDNY has represented, as New York's bravest, since 1865. By the way, the FDNY created by state act, and a good reminder to us here in this house at the good work we can do and the long impact that our work can have.
There were two different fire departments that were merged in 1898 under the Greater City of New York. As we know, on many of the most important days in our state's history the Fire Department has served with valor, honor and extraordinary bravery.
March 25, 1911, the historic Triangle Shirtwaist Factory fire killed 146 people, mostly young female immigrant workers. Laws were enacted for worker protection, for job safety. And the Fire Department, which had had to respond to that horrific tragedy, established its first Fire College to train new firefighters later that year.
In my district not so long ago, on September 11, 2001, 343 members of the New York Fire Department lost their lives while courageously taking part in rescue operations in Lower Manhattan. Seventy-five firehouses lost at least one member that day; 121 engine companies were deployed, 62 ladder companies, 27 fire officers. There was a total recall of off-duty firefighters.
And each of us who has firehouses in our district knows well the names, the sacrifices, the heroism often from folks who were off-duty, that was displayed on that day, and the unspeakable loss that the Fire Department experienced.
Of course it has come back and continued to protect us and serve us in the years since. But it's never a job that's safe, it's always a job that is about being there when we most need it.
Just out of my district recently there were building explosions in the East Village that many people heard about, completely destroying more than one building in the East Village. Engine 33 and Ladder 9, based out of my district, were there.
This winter, along the East River waterfront, there was a display that no one would hope for on one of the coldest days of the year in the fire at the city storage facility. Flames in the air, the water of the fire boats collecting in icicles, a multiple-alarm fire that took hours upon hours to get under control.
Last year Lieutenant Gordon Ambelas of Ladder 119 of Williamsburg, in my district, passed away during a rescue at 75 Wilson Street.
The work that the Fire Department does every day, the willingness of the firefighters and the fire officers to go into work, knowing that when they are called, while everyone else is running out, as the cliche has it, they will be running in, is no cliche in their lives. It is what they and their families deal with every single day for 150 years.
Of course there's also some good news around the New York Fire Department. They recently named their first female and openly LGBT chaplain, Pastor Ann Kansfield from Greenpoint Church, in the neighborhood I represent in North Brooklyn.
And for those of you with children or a little child still inside, you may have just a couple of weeks ago gone to the Open House Day at the firehouses across the city. I went with my children; my two sons are 4 years old and a year and a half. And I have to tell you, the people serving in Engine 202 and Ladder 101, the Red Hook Raiders, were so extraordinarily kind and enthusiastic to my young children. It is a day they still talk about. We have pictures and memories that we're going to treasure forever.
And you know, the funniest thing about that is that was an open house for the firehouses across the city in honor of their 150th anniversary. But as I've talked about it since, I've heard story upon story of days when people just decided to knock on their local firehouse door, and whoever was on duty there, preparing for an unspeakable job if the alarm might ring, would open the door and welcome in young families, welcome in neighbors and community members, because that is the culture of the FDNY.
They are community leaders. They have a kindness, they have a bravery, they have an understanding of their role in terms of keeping the community safe both when emergencies strike and when they don't. And for that we say thank you. Our gratitude is unending. A hundred and fifty years of a department that has more than 10,000 uniformed firefighters, more than 3600 EMTs and paramedics -- the scale is extraordinary. And we say thank you for 150 years of service.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Golden.
SENATOR GOLDEN:Thank you, Mr. President.
I rise, I think this is a great tribute to New York City and to our fire departments for the great work that they've done across the city and the state. But I want to thank Senator Squadron for putting this proclamation forward.
And I'll tell you, it's important for a lot of reasons. Our firemen not only are out there on a regular basis fighting not just fires, gas explosions, and responding to those that are injured, whether it be a heart attack or falling down a flight of stairs, and they're there to save lives on a regular basis.
And it's unfortunate how many we lost, and we just mentioned it the other day when I was talking about West Point Day and we talked about the Siller Race and Fireman Siller that ran through the tunnel and how the West Pointers, 120 of them, would run through that tunnel in memory of Fire Officer Siller.
It is a shame how many people we lost, 343 people just in the Fire Department that day alone. We're still trying to get, and hopefully it will get passed this year, is a 9/11 survivor plate for those parents and husbands and wives that lost loved ones at 9/11.
And the other sad bill that we're trying to get out and should have been passed and has not yet been passed, and hopefully will be shortly, is a disability bill for our police and for our fire.
But today, if a fireman is to get hurt here in the City of New York, he or she will get $27 a day -- $27 a day to pay for their rent or mortgage, to put their children through school, to just live a daily life, of $27 a day. It's -- I don't know what to say. It's not only un-American, it's just plain wrong.
And hopefully our conference here, this Senate body here will correct that and the Assembly will correct it, and that we will see a bill that will give our firemen the disability that they deserve, especially when it comes to serving this great city and going into these fires and having black lung and getting cancer and dying in numbers that we haven't seen. We've seen the numbers killed at 9/11; we haven't counted the numbers that have died from the cancers since 9/11.
So this bill I think is a great tribute to all of our firemen for the 150 years of service to our great city. But it's also a bill to remind us of the work we have yet to do to make sure that we keep our firemen protected as they move forward, and their families, and that we never forget the hard work that they do each and every day.
So I thank you, Mr. President. I thank Senator Squadron for putting this resolution forward, and I thank my colleagues. And hopefully we'll see those bills that I discussed on the floor shortly so that we can vote on them.
Thank you.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I believe the sponsor would like to open that up for the entire house.
And those who do not want to cosponsor, please notify the desk.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, notify the desk.
SENATOR DeFRANCISCO: If we could now go to Resolution 2081, by Senator Sanders. And read the title only, please, and then recognize Senator Sanders.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2081, by Senator Sanders, memorializing Governor Andrew M. Cuomo to proclaim May 15-21, 2015, as Hip-Hop Against Gun & Gang Violence Week in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Sanders.
SENATOR SANDERS:Thank you, Mr. President.
From north to south, east to west, America seems to be troubled by a lot of violence, and much of it is gang-related. There have been many calls for people to find out where this is coming from, what is happening. Some people have even gone a step further and said that the lyrics of hip-hop may be contributing to this problem. Many voices have been raised saying that the hip-hop community has an obligation to do something being it.
Well, I'm happy to say that part of the hip-hop community is stepping forward, that they have taken a position against guns and gang violence and violence, period. And they have taken up a Hip-Hop Against Gun & Gang Violence Week, a week where they focus on alternative ways of dealing with problems, where they focus on the community that really feels highly about the music of hip-hop.
And I think that it is something that we should applaud at the state level. I think that it is something that has been applauded in days gone by, and that we need to find a way to encourage them. Anyone who wants to tackle this scourge on America of violence, we need to aid in it.
So I'm very happy to put forward this resolution. I'm very happy that everyone else has joined in where we encourage the hip-hop community to take their responsibility, with everyone else, against violence and gang activity.
So I thank you for that, and I thank everyone who will join in. And of course I want it open to everyone.
Thank you very much, Mr. President.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
The resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
Senator DeFrancisco.
SENATOR DeFRANCISCO: There is a report of the Judiciary Committee at the desk. Would you please read the report and call on Senator Bonacic.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Senator Bonacic, from the Committee on Judiciary, reports the following nomination:
Brandon R. Sall, of Purchase, as a judge of the Westchester County Surrogate Court.
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
The Senate Judiciary Committee met this morning to consider Governor Cuomo's appointment of Brandon Sall as judge of the Westchester County Surrogate Court.
This appointment was made to fill a vacancy that was made at the end of last year due to retirement.
Pursuant to the provisions of Section 21 of Article VI of the Constitution, the Judiciary Committee has reported the nominee to the floor.
And I ask that you recognize Senator Latimer to speak on this nominee.
ACTING PRESIDENT GRIFFO:Senator Latimer.
SENATOR LATIMER:Thank you, Mr. President.
I'm very honored to stand to speak on behalf of Brandon Sall, who is a Westchester County resident, a resident of my Senate district, and who's been nominated by Governor Cuomo.
Mr. Sall has served this state already, very honorably, as a member of the New York State Thruway Authority Board of Directors. Prior to my tenure here in the Senate, he has been approved by this Senate previously for that assignment and another one. And he comes before us with a background in law that will serve him well in the Surrogate's Court.
In Westchester County, as in other communities, we have one surrogate judge and we want, obviously, to have a person to fill that seat rather than have the seat lay vacant, as it has since the departure of Judge Anthony Scarpino.
So it is with great pride that I appreciate the Governor's endorsement and look forward to supporting him in the vote to come.
And thank you for the privilege of the house to share those thoughts.
ACTING PRESIDENT GRIFFO:Senator Klein.
SENATOR KLEIN:Thank you, Mr. President.
It's my honor to second the nomination of Brandon Sall as surrogate judge in Westchester County.
You know, one of the things that I always hope for, especially when someone goes on the bench, is it's really for public service.
Brandon over the years has had many, many jobs, always doing very, very well as far as trusts and estates. He's an expert in this matter. And he's had a very successful practice over the years, but also found the time to dedicate his life to public service. He's a board member of the New York State Thruway Authority, chair of the blue-ribbon selection committee for the new Tappan Zee Bridge, and he understands, I think, a very simple truth, that you always have to give back.
So at this time in his career, bringing all of his expertise in the private sector, in the private practice of law, to be the surrogate of Westchester County I think is the best we can say about public service.
So I know when Brandon Sall becomes Judge Brandon Sall, the surrogate in Westchester County, certainly justice will be done. It's my pleasure to honor and to second the nomination.
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Yes, I want to thank Senator Latimer and Senator Klein for those remarks.
And now I move the nominee to the floor for confirmation.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Brandon Sall as judge of the Westchester County Surrogate Court. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Brandon R. Sall is hereby confirmed as a judge of the Westchester County Surrogate Court.
Congratulations, Judge, and good luck.
(Applause.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, could you now turn to the noncontroversial reading of the calendar.
ACTING PRESIDENT GRIFFO:The Secretary will begin to read the noncontroversial reading.
THE SECRETARY:Calendar Number 96, by Senator Robach, Senate Print 2682, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 127, by Senator Golden, Senate Print 692, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 127, those recorded in the negative are Senators Comrie, DeFrancisco, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Rivera, Sanders, Serrano and Squadron.
Ayes, 49. Nays, 11.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 134, by Senator Gallivan, Senate Print 1700A, an act in relation.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
Again, can I have some order in the chamber, please.
The Secretary will continue.
THE SECRETARY:Calendar Number 167, by Senator Lanza, Senate Print 2821, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 167, those recorded in the negative are Senators Hassell-Thompson, Krueger and Montgomery.
Ayes, 57. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 219, by Senator Ortt, Senate Print 2976, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Montgomery and Rivera recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 220, by Senator Lanza, Senate Print 3732, an act to enact.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 227, by Senator Hannon, Senate Print 3402, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Squadron to explain his vote.
SENATOR SQUADRON:Thank you, Mr. President.
This is a bill that went through the Codes Committee, where I'm the ranker. And I think the information provided was a little bit different than my understanding of it now. And so I just want to say that there's some important goals to this bill.
One thing that this bill does, though, is it creates a Class A misdemeanor, a permanent criminal record, a Class A misdemeanor, that's jail time as well. One year in jail, three years' probation, a fine of up to $1,000.
If you had a blank prescription form and it's not authorized, that means that if you're driving somebody else's car and it's in the car and you knew it was there, Class A misdemeanor. It means that if you take one of these things because you're delivering it to your parent or someone else who needs it from you and you can't prove it, potentially you get a Class A misdemeanor.
That doesn't make sense. That portion of this goes too far. And so I'm going to have to vote no now that I've had that clarification.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 58. Nays, 2. Senators Montgomery and Squadron recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 237, by Senator Larkin, Senate Print 2254, an act to amend the Education 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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 261, by Senator Hannon, Senate Print 3368A, an act to authorize.
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, 58. Nays, 2. Senators Bonacic and Hamilton recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 293, by Senator Little, Senate Print 1216, 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 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 294, by Senator Bonacic, Senate Print 1600, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 298, by Senator Murphy, Senate Print 3820, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 321, by Senator Klein, Senate Print 853, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 326, by Senator Lanza, Senate Print 4128, an act to amend Chapter 759 of the Laws of 1973.
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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 332, by Senator Golden, Senate Print 1472A, an act to amend the Social Services 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, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 333, by Senator Ranzenhofer, Senate Print 3297, an act to amend the Domestic Relations Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 357, by Senator Avella, Senate Print 3945A, 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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number, 367, by Senator Boyle, Senate Print 2936, an act to amend the Agriculture and Markets 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, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 378, by Senator Venditto, Senate Print 3840, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 381, by Senator Flanagan, Senate Print 2134, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 388, by Senator Flanagan, Senate Print 4220, an act to amend the Vehicle and Traffic 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, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 399, by Senator Golden, Senate Print 785, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 442, by Senator Valesky, Senate Print 642, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 11. This act shall take effect on 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 452, by Senator Young, Senate Print 3422, an act to amend the Real Property Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 463, by Senator Golden, Senate Print 1467, an act to amend the Civil Rights Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 471, by Senator Lanza, Senate Print 3362, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 472, by Senator Savino, Senate Print 3666, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 473, by Senator Nozzolio, Senate Print 4382, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 473, those recorded in the negative are Senators Comrie, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Rivera, Sanders, Serrano, and Squadron.
Ayes, 50. Nays, 10.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 480, by Senator DeFrancisco, Senate Print 2917, an act to amend the Real Property 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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of today's active-list calendar.
SENATOR DeFRANCISCO: Could you now go to the Supplemental Active List Number 1, please.
ACTING PRESIDENT GRIFFO:We will now go to the supplemental active list.
The Secretary will read.
THE SECRETARY:Calendar Number 459, substituted previously by Member of the Assembly Buchwald, Assembly Print 222, 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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 460, substituted previously by Member of the Assembly Paulin, Assembly Print 5138, 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:In relation to Calendar Number 460, those recorded in the negative are Senators Bonacic, Murphy and Ortt.
Ayes, 57. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the reading of the noncontroversial supplemental active list.
SENATOR DeFRANCISCO: Mr. President, can you lay the bill aside for the day, Calendar Number 134, that was on the active list.
ACTING PRESIDENT GRIFFO:Calendar Number 134, Senate Bill 1700A, will be laid aside for the day.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Could you call on Senator Gianaris. He has a motion.
ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.
Senator Gianaris.
SENATOR GIANARIS:Are you sure, Mr. President?
(Laughter.)
SENATOR GIANARIS:Mr. President, on behalf of Senator Panepinto, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill 4295.
ACTING PRESIDENT GRIFFO:It is so ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR DeFRANCISCO: Just an announcement. There's a Corporations Committee meeting in Room 610 of the LOB as soon as we adjourn.
ACTING PRESIDENT GRIFFO:At the completion of session there will be a Corporations Committee meeting in Room 610 in the Legislative Office Building.
SENATOR DeFRANCISCO: And there being no further business at the desk, we'll adjourn till Wednesday, May 13th, at 11:00 a.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Wednesday, May 13th, at 11:00 a.m.
The Senate stands adjourned.
(Whereupon, at 4:19 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.