Gaveled in 11:14 AM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 13, 2015
11:14 a.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 ask everyone present to please rise and repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT CROCI:Today we are joined by Rabbi Menachem Kotlarsky, from Chabad Merkos 302 in Brooklyn. He will deliver our invocation.
Rabbi.
RABBI KOTLARSKY:As we received news of yesterday's tragic train crash, I begin with a solemn prayer for healing to those injured, comfort to the families who lost loved ones. {in Hebrew} May we know no more pain and suffering.
Almighty God, the members of this prestigious New York State Senate stand before you today representing the people of the State of New York, elected as their leaders and bestowed with the profound responsibility of continuously guiding this state towards a greater and brighter tomorrow.
{In Hebrew} Those who dedicate themselves faithfully to those needs of the community, may God repay them and grant them blessing and success in all of their deeds.
Help them recognize the awesome power endowed upon them to create positive change in the State of New York and indeed in the entire world, for which this great state is a catalyst, and the decisions made in this hall reverberate across the globe.
Grant the members of the Senate the strength to make their decisions guided by the steady anchor of Your fundamental universal laws given at Sinai, which are recognizing the Creator of the world, respecting the sanctity of human life and of all creatures, protecting the morality of our relationships, and upholding courts of justice.
May You bless the State of New York with the wisdom and courage to continue to recognize the beauty in our diverse communities created from uniqueness of each individual and our collective cultures being welcomed together, just as our Lubavitch Chabad Rebbe was welcomed 75 years ago.
Allow them the perspective to highlight the power of a single good deed in adding light to the world. {in Hebrew} The world is balanced and with one good deed can dispel a lot of darkness.
May God bless this great assembly of the State of New York, the people in New York. May God bless America. And we conclude with {in Hebrew} may there always be peace.
ACTING PRESIDENT CROCI:The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, May 12th, the Senate met pursuant to adjournment. The Journal of Monday, May 11th, 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.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator LaValle.
SENATOR LaVALLE: Mr. President, on page 45 I offer the following amendments to Calendar Number 547 and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR LaVALLE: Would you recognize Senator Gianaris, please.
ACTING PRESIDENT CROCI:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Kennedy, on page number 40 I offer the following amendments to Calendar Number 500, Senate Print 656, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
Senator LaValle.
SENATOR LaVALLE: Mr. President, can we take up a previously adopted resolution, 1274, by Senator Griffo, and would you read it in its entirety. And would you then call on Senator Griffo to speak on the resolution.
ACTING PRESIDENT CROCI:Very good. The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1274, by Senator Griffo, memorializing Governor Andrew M. Cuomo to proclaim May 2015 as Lupus Awareness Month in the State of New York.
"WHEREAS, Each year, the Lupus Agencies of New York State designate May as Lupus Awareness Month to show support for the 105,400 New Yorkers, 1.5 million Americans and 5 million people worldwide who suffer from the often debilitating effects of lupus, a chronic autoimmune disease that can cause severe damage to the tissue and organs in the body and, in some cases, death; and
"WHEREAS, Each year, thousands of people are newly diagnosed with lupus, the great majority of whom are young people in the prime of their lives, and 90 percent of whom are women; and
"WHEREAS, Lupus is most prevalent among African-Americans, Hispanics, Native Americans, Asians; tragically, thousands of people die from lupus each year because a cure remains elusive; and
"WHEREAS, Many health professionals are unaware of symptoms and health effects of lupus, causing people with lupus to suffer for many years before they obtain a correct diagnosis and medical treatment, demonstrating the need for increased public and professional awareness of lupus; and
"WHEREAS, Medical research efforts into lupus and the discovery of safer, more effective treatments for Lupus patients are underfunded in comparison with diseases of comparable magnitude and severity; and
"WHEREAS, Increasing community awareness and focusing public attention on lupus and its devastating impact on patients' lives will provide hope for a better future for those affected; and
"WHEREAS, The Lupus Agencies of New York State are dedicated to improving the quality of life for individuals with lupus, and their loved ones, by providing education, support and outreach services, and promoting programs of awareness, advocacy, and research; and
"WHEREAS, This Legislative Body recognizes the needs of those chronically ill people who are living with lupus and urges all citizens to support the search for a cure and assist those individuals and families who deal with this devastating disease 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 2015 as Lupus Awareness Month 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, and the Lupus Agencies of New York State."
ACTING PRESIDENT CROCI:Senator Griffo.
SENATOR GRIFFO:Thank you, Mr. President.
As you have all heard, the resolution gives you some very telling statistics and discusses the challenges that so many face today across this country and this state.
So I'm pleased today just to acknowledge and recognize some of the fine individuals from the Lupus Agencies of New York State who are with us today.
Kathleen Arntsen has been a strong advocate from my area for a long time in trying to continue to make sure that we have proper attention and the resources are being devoted and dedicated to the research that's necessary, as well as the fight against this autoimmune disease which has affected so many.
So today I just want to stand and -- they gave me two bracelets here to wear, one for research and one for the fight -- I want to thank you all for the commitment that you have made for your dedication.
And really you have the undying gratitude of so many people, so that we continue to ensure that people are made aware, informed, and that we continue to do whatever we can to devote the resources to fight this autoimmune disease, not only to call attention to it but someday to find a cure. So I compliment and applaud all of you for your efforts and your advocacy.
And I want to recognize all of them from all parts of the state today, from Long Island, New York City, Central New York, the western part of the state, the Southern Tier, and the Capital District. From all of New York, thank you so much for what you all do.
If you would all please rise, and we can acknowledge the Lupus Agencies of New York State.
(Applause.)
ACTING PRESIDENT CROCI:Senator Savino.
SENATOR SAVINO:Thank you, Mr. President.
I also rise, first to thank Senator Griffo for bringing this resolution again, and to thank the advocates of the Lupus Foundation, and particularly their lobbyist, Kathleen Arntsen, who comes here every year to try and raise awareness about lupus and the effects that it has on women.
For the past couple of years I've carried a bill with Assemblywoman Crystal Peoples-Stokes to create an education and outreach program in the Health Department and to create a Lupus Research Advisory Council.
Senator Parker, who's not in the chamber at the moment, also has a bill that would create a taxpayer check-off box on income tax returns to help provide funding for a Lupus Education and Prevention Fund.
This is a devastating disease that affects women, and particularly African-American women.
In 2011 the FDA approved, for the first time in 50 years, the first new drug to deal with lupus and the terrible disease of lupus. It's a drug called Benlysta. It has had some effect, a positive effect on some women, but not enough yet. We're not seeing all of the potential benefits of it. But the sad reality is that for the 50 years prior to that, there were -- really only corticosteroids and aspirin was the approved treatment for lupus.
And just to keep this in mind, lupus strikes women 10 to 15 times more frequently than men. That's why we call it really a woman's disease. Ninety percent of the individuals who have been diagnosed with lupus are women of childbearing age. African-American women are three times more likely to get lupus than Caucasian women.
Most of those women, though, have been through multiple doctors and multiple misdiagnoses before they finally figure out what it is that's affecting them. And in the meantime their health suffers in a terrible way, it affects their home, their family life, it affects their employment life, it affects every aspect of their life.
So I'm happy to stand with Senator Griffo again as we take up this resolution, and I hope that we will be able to make the argument next year, hopefully in the budget, that the State Department of Health needs to do more, they need to put forward a research and education program to alert women to the very dangers, so that those women who are suffering silently and not knowing what's wrong with them will know to ask their doctor to test them for lupus. That's what this should be about.
And I want to thank Senator Griffo and the advocates for sharing their stories and their pain and suffering to make positive change for women now and in the future.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator LaValle.
SENATOR LaVALLE: Mr. President, can we now move to the noncontroversial reading of the calendar.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 396, by Senator Hannon, Senate Print 4327, an act to amend the Public Health 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:Senator Hannon.
SENATOR HANNON:Thank you, Mr. President.
I just wanted to mark the passage of this legislation. This would allow, on a voluntary basis, for restaurants in an outdoor setting, a patio setting, for restaurants to allow patrons to have their dogs with them.
Originally I thought this would be controversial, and it's been amazing. The bill's been in for many weeks, it came out of the committee, there's been no comments against it and there's been a lot of comments for it.
So I just wanted to mark the fact that we were meeting with the folks who think this is a good thing, that they can take a step forward to have a person's best friend with them when they dine. And I thank you very much.
ACTING PRESIDENT CROCI:Senator Hannon will be recorded in the affirmative.
Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 440, by Senator Klein, Senate Print 1940, an act to amend the General Municipal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 22. This act shall take effect on the first of January.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:Ayes, 58. Nays, 1. Senator Sanders recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 470, by Senator Young, Senate Print 3087, an act to amend the Criminal Procedure 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, 59.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 474, by Senator Golden, Senate Print 824, an act to establish.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 8. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 476, by Senator Murphy, Senate Print 1392, an act to amend the Executive 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, 59.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 477, by Senator Murphy, Senate Print 1393, an act to amend the Executive 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, 59.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 479, by Senator Carlucci, Senate Print 1971, an act to amend the Executive 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, 59.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 512, by Senator Golden, Senate Print 4711, an act to amend Chapter 104 of the Laws of 2005.
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, 59.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 513, by Senator Golden, Senate Print 4932, an act to amend Chapter 695 of the Laws of 1994.
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, 59.
ACTING PRESIDENT CROCI:The bill is passed.
Senator LaValle, that completes the reading of the active list.
SENATOR LaVALLE: Mr. President, would you recognize Senator Gianaris.
ACTING PRESIDENT CROCI:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
Before we adjourn today, I just want to take a moment to recognize we have a birthday among us today. Senator Joe Addabbo is celebrating.
(Applause.)
ACTING PRESIDENT CROCI:Senator LaValle.
SENATOR LaVALLE: Mr. President, is there any further business at the desk?
ACTING PRESIDENT CROCI:No further business at the desk.
SENATOR LaVALLE: I move we adjourn until Monday, May 18th, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT CROCI:On motion, the Senate stands adjourned until Monday, May 18th, at 3:00 p.m., intervening days being legislative days.
(Whereupon, at 11:30 a.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
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Not yet analyzed. Open the bill for its official title.