Gaveled in 3:48 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 18, 2015
3:48 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 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's invocation will be given by the Reverend Peter G. Young, from Mother Teresa Community in Albany.
REVEREND YOUNG:Thank you, Senator.
Let us pray.
Assembled today as Senators, we are proud of all of those elected, as were those who went on to be Presidents of the United States -- Van Buren, Fillmore, Arthur, Cleveland, Theodore and Franklin Roosevelt. May we continue in the greatness of their dedicated public service to all of our citizens.
May we follow in the rich tradition of the Senators that met here in Kingston in this session for the representation of being a Senator five days after the Declaration of Independence.
You, O God, have provided our Senators in this room with outstanding examples to inspire them. In New York City, on April 30th of 1789, President George Washington placed his hand on the Bible to serve with integrity his nation.
Our Senators are called to leadership as Your elected and dedicated public servants. Therefore, we call upon You, O God, to bless them in their work and their name and in the good work that they can carry on in this most important work for all of our New York State citizens.
Amen.
ACTING PRESIDENT CROCI:The reading of the Journal.
THE SECRETARY:In Senate, Sunday, May 17th, the Senate met pursuant to adjournment. The Journal of Saturday, May 16th, 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 23, Senator Stewart-Cousins moves to discharge, from the Committee on Cities, Assembly Bill Number 1309 and substitute it for the identical Senate Bill Number 3463, Third Reading Calendar 196.
On page 31, Senator Ritchie moves to discharge, from the Committee on Agriculture, Assembly Bill Number 5155A and substitute it for the identical Senate Bill 3669, Third Reading Calendar 370.
On page 33, Senator Marcellino moves to discharge, from the Committee on Finance, Assembly Bill Number 1163 and substitute it for the identical Senate Bill Number 1622, Third Reading Calendar 402.
On page 33, Senator Bonacic moves to discharge, from the Committee on Finance, Assembly Bill Number 2132 and substitute it for the identical Senate Bill Number 1866, Third Reading Calendar 404.
On page 35, Senator Amedore moves to discharge, from the Committee on Crime Victims, Crime and Correction, Assembly Bill Number 6527 and substitute it for the identical Senate Bill Number 4518, Third Reading Calendar 423.
ACTING PRESIDENT CROCI:The substitutions are 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: Mr. President, on behalf of Senator Marchione, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. That's Bill Number 3896.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: I also move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause. That's Bill Numbers 3008, 3434, and 4275, on behalf of Senator Young.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: On behalf of Senator Little, on page 20 I offer the following amendments to Calendar Number 161, Senate Print Number 817, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: Also, on behalf of Senator Golden, on page 29 I offer the following amendments to Calendar Number 339, Senate Print Number 4141, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: On behalf of Senator Martins, on page 32 I offer the following amendments to Calendar Number 390, Senate Print Number 4649, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: And finally, on behalf of Senator Croci, on page 44 I offer the following amendments to Calendar Number 524, Senate Print Number 4278, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: And I'd ask that you'd recognize Senator Valesky.
ACTING PRESIDENT CROCI:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Klein, on page 18 I offer the following amendments to Calendar 82, Senate Bill 1947, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, Senator Gianaris is very anxious to present his motion.
ACTING PRESIDENT CROCI:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Kennedy, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate 760.
ACTING PRESIDENT CROCI:So ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, I now hand up Senator Flanagan's committee assignments, the following committee assignments, and ask that they be filed in the Journal.
ACTING PRESIDENT CROCI:So ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I'd like to now call an immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT CROCI:The assignments are accepted and will be filed in the Journal.
There will be an immediate meeting of the Rules Committee in Room 332.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 3:55 p.m.)
(Whereupon, the Senate reconvened at 4:17 p.m.)
ACTING PRESIDENT CROCI:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President. If we could return to the order of reports of standing committees for the report of the Rules Committee.
ACTING PRESIDENT CROCI:Reports of standing committees.
The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 165, by Senator Díaz, an act to amend the State Finance Law;
Senate 415, by Senator Marcellino, an act to amend the Education Law;
Senate 424, by Senator Marcellino, an act to amend the Penal Law;
Senate 449, by Senator Marcellino, an act to amend the Executive Law;
Senate 513, by Senator Nozzolio, an act to amend the Penal Law;
Senate 862, by Senator Robach, an act to amend the Domestic Relations Law;
Senate 871, by Senator Robach, an act to amend the Penal Law;
Senate 932, by Senator Avella, an act to amend the Public Housing Law;
Senate 1051, by Senator Ranzenhofer, an act to amend the Education Law;
Senate 1121, by Senator Squadron, an act to amend the Vehicle and Traffic Law;
Senate 1440, by Senator O'Mara, an act to amend the Penal Law;
Senate 1478, by Senator Libous, an act to amend the Highway Law;
Senate 1581, by Senator Seward, an act to amend the Public Authorities Law;
Senate 1696, by Senator Bonacic, an act to amend the Mental Hygiene Law;
Senate 1974, by Senator Griffo, an act to amend the Penal Law;
Senate 2203, by Senator Larkin, an act to amend the Vehicle and Traffic Law;
Senate 2318, by Senator Young, an act to amend the Civil Rights Law;
Senate 2546, by Senator Lanza, an act to amend Chapter 306 of the Laws of 2011;
Senate 2698, by Senator Felder, an act to amend the Vehicle and Traffic Law;
Senate 2819, by Senator Lanza, an act to amend the Penal Law;
Senate 3306, by Senator Ritchie, an act to amend the Correction Law;
Senate 3317, by Senator Lanza, an act to amend the Penal Law;
Senate 3694A, by Senator Serino, an act to amend the Penal Law;
Senate 3725, by Senator Lanza, an act to establish;
Senate 4266A, by Senator Carlucci, an act relating to;
Senate 4467A, by Senator Griffo, an act to amend the Education Law;
Senate 4777, by Senator Venditto, an act to amend the Penal Law;
And Senate 5056A, by Senator Young, an act to amend the Real Property Tax Law.
All bills ordered direct to third reading.
ACTING PRESIDENT CROCI:Senator DeFrancisco.
SENATOR DeFRANCISCO: I move to accept the report of the Rules Committee.
ACTING PRESIDENT CROCI:All in favor of accepting the report of the Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT CROCI:Opposed, nay.
(No response.)
ACTING PRESIDENT CROCI:The report is accepted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, may we now have the noncontroversial reading of the calendar.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 182, by Senator Lanza, Senate Print 3326, an act to amend the New York City Health and Hospitals Corporation Act.
SENATOR GIANARIS:Lay it aside.
SENATOR DeFRANCISCO: Lay the bill aside for the day.
ACTING PRESIDENT CROCI:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 186, by Senator Lanza, Senate Print 3855, an act to amend the Administrative Code of the City of New York.
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 196, substituted earlier by Member of the Assembly Pretlow, Assembly Print 1309, an act to amend the Local Finance Law.
ACTING PRESIDENT CROCI:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 303, by Senator Robach, Senate Print 4298A, 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 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 307, by Senator Amedore, Senate Print 3217, an act to amend the Alcoholic Beverage Control 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 370, substituted earlier by Member of the Assembly Magee, Assembly Print 5155A, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:Ayes, 58. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 373, by Senator Ritchie, Senate Print 4545, an act to amend the Agriculture and Markets 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 387, by Senator Young, Senate Print 3423, an act to amend the Highway 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 will read.
THE SECRETARY:Calendar Number 394, by Senator Young, Senate Print 4182A, 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 same date and in the same manner as Section 2 of Chapter 6 of the Laws of 2015.
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 397, by Senator LaValle, Senate Print 251, 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.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 400, by Senator Carlucci, Senate Print 1227, an act to amend the Alcoholic Beverage Control Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT CROCI:The bill is laid aside.
THE SECRETARY:Calendar Number 402, substituted earlier by Member of the Assembly Paulin, Assembly Print 1163, an act to amend the Executive Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of April.
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 403, by Senator Robach, Senate Print 1656, an act to amend the Alcoholic Beverage Control 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 404, substituted earlier by Member of the Assembly Pretlow, Assembly Print 2132, an act to amend the Racing, Pari-Mutuel Wagering and Breeding 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 422, by Senator LaValle, Senate Print 4153, an act to amend the Correction 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, 57. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 423, substituted earlier by Member of the Assembly Steck, Assembly Print 6527, an act to amend the Correction 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 430, by Senator Ranzenhofer, Senate Print 3300, an act to amend the Not-for-Profit Corporation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 4. 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 487, by Senator Serrano, Senate Print 705, an act to amend the Parks, Recreation and Historic Preservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect January 1, 2017.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:In relation to Calendar Number 487, those recorded in the negative are Senators Amedore, Croci, DeFrancisco, Funke, Griffo, Marchione, Murphy, Ortt and Serino.
Ayes, 50. Nays, 9.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 566, by Senator Avella, Senate Print 3580, an act to amend the Executive Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT CROCI:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of the calendar.
SENATOR DeFRANCISCO: Yes, I understand there is a supplemental calendar, Number 41A, at the desk. And I would request that you do the noncontroversial reading of just one of those bills. That's Calendar Number 703.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 703, by Senator Nozzolio, Senate Print 513, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 180th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator Montgomery to explain her vote.
SENATOR MONTGOMERY:Thank you, Mr. President.
I believe this bill is labeled as the Domestic Violence Prevention Act -- protection, Domestic Violence Protection Act. But the fact of the matter is it is extremely broad in its implication.
And as a matter of fact, as is often the case, we utilize the name of a person that is involved in one situation, perhaps, that may or may not be a common occurrence, and introducing legislation that becomes law covering many, many, many, many, many thousands and thousands of people even though they do not fit the particular situation.
And I must say that when we establish a registry that in fact includes people who may or may not -- and very, very frequently not -- fit the category of the situation that we claim to address, we then eliminate any possibility of a second chance, which we claim that we want to support in this Legislature, as well as eliminating the possibility of people being able to work basically ever again in life.
And so I am voting negative on this legislation, and I invite my colleagues to join me, because we're not really talking about domestic violence protection. We are talking about creating a registry which in its ultimate sense will leave so, so many people without ever the possibility of being able to work, being able to attend school, attend college, to do so many things that will make it possible for them to have a life after perhaps one -- one instance where they may have done something that would be classified broadly as a violent offense but may not result in injury to any, any person, any individual.
So I'm going to vote no on this because it is too broad and it endangers the state of becoming the absolute wall against anyone being able to work again, so many people.
So I'm going to vote no and I invite my colleagues to join me in voting no on this legislation.
ACTING PRESIDENT CROCI:Senator Montgomery to be recorded in the negative.
Senator Squadron.
SENATOR SQUADRON:Thank you, Mr. President.
And to follow up on what Senator Montgomery was saying, you know, I think we need to be very careful in this house. This bill claims to do one thing but actually does something else entirely.
Of course, what it claims to do is something that we all care about on both sides of the aisle an enormous amount -- cracking down on domestic violence, on abuse in the home.
In fact, I carried a bill for a long time that was passed with a Republican sponsor in 2012 out of both houses of the Legislature, and signed by Governor Cuomo, that created an aggravated family offense, which would mean that multiple misdemeanors in a certain definition become felonies if they're really, truly related to domestic violence.
That bill was named after NYPD Officer Alain Schaberger, who was killed while responding to a domestic dispute, and it passed with bipartisan support.
The idea of cracking down on domestic violence and abuse, even increasing penalties, is something that we have bipartisan support for. Unfortunately, when you slap that issue on a bill like this, what you end up doing is undermining --
ACTING PRESIDENT CROCI:We'll suspend.
Can we have some order in the house, please. Thank you.
Senator Squadron.
SENATOR SQUADRON:When you attach an issue to a bill like this, what you end up doing is undermining the entire cause. And that's what this does. This bill has nothing to do with that issue. This bill creates a registry for certain kinds of offenders in a broad, broad, broad range, as Senator Montgomery said, for their entire lives. Broader than most other states in the country do. Oklahoma, Indiana, Kansas and Montana don't have registries as broad as this one.
If you set off fireworks indoors and you hurt someone, you're going to be on this registry for the rest of your life. If you steal a car, you're going to be on the registry for the rest of your life. If you commit burglary, you're going to be on the registry the rest of your life.
Now, that's a debate we can have. Do you think folks who commit those crimes for the rest of their lives should be on a publicly available registry that makes it very difficult or impossible to find housing, education, jobs? That's a debate we can have.
Unfortunately, we're not having that debate, because instead this bill is named after a tragedy and a victim who does need justice and whose cause we should take up in this house, is linked to the issue of domestic violence, which is one that we should continue to take up and try to stop everywhere we can in this house.
And as a result, it's a one-house bill that's going to go nowhere. It's a bill that's that much harder to vote against because those issues are so important to all of us on both sides of this aisle. And I really think it's a shame that that's been done.
So I'm going to vote no, Mr. President, despite the fact that the title and the goal, the stated goal of this bill are one that I share and in fact have personally fought for and been successful in a bipartisan way in moving forward.
Because the idea of a permanent registry for folks who set off fireworks indoors and happen to injure someone is not something that I am convinced is good policy for this state, and I think an honest debate would show a majority of the house agrees.
I'll vote no, Mr. President.
ACTING PRESIDENT CROCI:Senator Squadron to be recorded in the negative.
Senator Young.
SENATOR YOUNG:Thank you, Mr. President.
I rise in strong and avid support of this legislation, because the bottom line is that it has the potential to save lives.
I'd like to correct some of the remarks made by my colleagues. Senator Squadron, this is not a one-house bill. In fact, it has a majority sponsor in the other house.
And it is crucial, because knowledge is power. And it is named after a victim. And there are family members of that victim joining us here today, in addition to the family members of a victim from my district who, if she had had the background information on her boyfriend and had known how violent he was, she would have run in the other direction.
The perpetrator who beat her into a coma and nearly bit her lips off and broke so many bones in her body had a record. And if we had this registry, she would have been able to look up that record and know that she should have protected herself.
That situation not only happens with domestic violence victims every single day, it happens with all sorts of victims who have experienced violence. And the fact remains that perpetrators who create and commit violence are repeat offenders in so many cases. The statistics bear it out.
So I want to welcome to the chamber my constituents Linda Randolph from Cuba, New York, and her husband, Tom, who have joined us, who believe in this so strongly in Shannon's memory. And I want to thank you for coming all this way to join us.
And as Linda said to me earlier today, she will continue to fight for the passage of Brittany's Law until she has no breath left in her body, because she believes with all her heart it's that important.
And I also want to thank Brittany's two grandmas for coming today. Our hats are off to you for your courage, for your advocacy. It will make a difference.
I vote aye.
ACTING PRESIDENT CROCI:Senator Young to be recorded in the affirmative.
Seeing no other Senators who wish to address the bill, Senator Nozzolio to explain his vote.
SENATOR NOZZOLIO:Thank you, Mr. President and my colleagues.
I first and foremost wish to thank those who have joined in support of this measure.
I want to thank Senator Griffo, who first thought of the idea of establishing a registry because of a tragedy which occurred in his district.
I wish to address some of the comments of Senator Montgomery regarding the incidents, as she calls them, of those who qualify for placement on this registry.
Those incidents that Senator Montgomery talks about are those who are convicted of crimes such as murder, manslaughter, criminal sexual assault, aggravated sexual abuse, kidnapping, burglary, aggravated criminally negligent homicide, sexual abuse in the second degree, as well as the attack on police officers, those firemen and those other professionals designed to provide emergency services, as well as soliciting or providing support for an act of terrorism.
Those, my colleagues, are not small incidences. These are serious violent felonies. And that's who is to be placed on this registry.
I too wish to thank those who have supported this measure, especially the paternal and maternal grandparents -- grandmothers of Brittany Passalacqua. My heart's out to both Dale Driscoll and Joan, who are here today, Joan Tandle, who traveled -- as they have been traveling the state, they traveled here today because they wanted to enact this -- see this measure enacted in Brittany's memory.
I also ask Senator Montgomery, as she said that having your name on this registry may be a deterrent to your future, where is your compassion for Brittany Passalacqua, who at the age of 12 was murdered by a violent felon who was convicted? Did Brittany have the option of ever finishing high school, of ever attending college, of ever getting married, of ever having a child? No. Her options were terminated by the act of a heinous violent felon.
And, Mr. President, we need to do all we can to prevent domestic violence. We need to ensure that victims are taken care of, that shelters, that orders of protection, that the kinds of things that are necessary and that this house has supported time and time again are continued.
However, we need to focus more on the prevention of domestic violence before it happens. Because once it happens, there is a victim. And once there is a victim, that victim is victimized for their entire lives. As are the grandparents of Brittany Passalacqua.
Mr. President, thank you for allowing me to explain my vote. You can tell this is a very important matter that will hopefully prevent domestic violence victims from occurring in the future. And we need to do all we possibly can to achieve that objective. And not just those who have been convicted of domestic violence, but those who have committed serious violent acts.
Thank you, Mr. President. I enthusiastically vote aye, in Brittany's memory, in support of this measure.
ACTING PRESIDENT CROCI:Senator Nozzolio to be recorded in the affirmative.
Announce the result.
THE SECRETARY:In relation to Calendar 703, those recorded in the negative are Senators Comrie, Hamilton, Hoylman, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Sanders, Serrano and Squadron.
Ayes, 49. Nays, 11.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Also Senator Hassell-Thompson.
Ayes, 48. Nays, 12.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Also Senator Sampson.
Ayes, 47. Nays, 13.
ACTING PRESIDENT CROCI:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, can we go back to today's active list and do the controversial reading, please.
ACTING PRESIDENT CROCI:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 400, by Senator Carlucci, Senate Print 1227, an act to amend the Alcoholic Beverage Control Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:I asked for an explanation.
ACTING PRESIDENT CROCI:Senator Carlucci, an explanation has been requested.
SENATOR CARLUCCI:Thank you, Mr. President.
This piece of legislation sets up a mechanism, a regulatory mechanism to allow wineries, farms to set up a home winemaking center. Unfortunately, in New York we don't have any guidelines right now. This is permissible by the federal Alcohol and Tobacco Tax Bureau. And other states like Washington, Oregon, are already doing this, and we're losing market share in terms of the wine industry to those states. States like New Jersey, right down the road from us, are already allowing this to be done.
In fact, I have a winery right in Rockland County. Unfortunately, we only have one. And we're trying to make sure that they do well. They're right on the banks of the Ramapo River, right by Exit 15A if you're traveling south on the Thruway. And right there, they're just a few miles from New Jersey, where they allow for home winemaking centers to operate.
This is another revenue generator for farms, for vineyards, for wineries here in New York State. So we want to make sure that this passes and allows our farms and our wineries to flourish.
Thank you, Mr. President.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would please yield.
ACTING PRESIDENT CROCI:Will the sponsor yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you for your explanation.
So as I'm reading the bill -- and you just described we're losing market share. So who's going to the -- under this law, it will allow who to go to the farms and wineries to do what? I was still confused.
SENATOR CARLUCCI:So what this legislation would do, it would allow for a farm or a winery to set up, to have a mechanism where they would be able to be permitted to do a home winemaking center.
What that would do is allow for private individuals to be able to make their own wine under the supervision of a regulated winery. So they would be able to pool these resources, like fermenting tanks, being able to use that equipment, and also get technical guidance from the professionals in how to make the best wine.
What you could do is you could envision groups like a Senator's office could team up and they could say, Hey, we want to make our own wine. They would pick the blend, they'd say we want a certain amount of merlot and a certain amount of cab, and they would buy those grapes. They would then be able to make them and go through that process.
What is good about this -- this is what we would call wine tourism. And we would allow for people to go back to this facility over and over again, from the process of picking out the grapes that they'd like to then going back and changing the barrels. So it gives us the opportunity to sell to these consumers more and also allows the farmers and the vineyards to sell more grapes, as well as allows for the vineyard or the home winemaking center to then lease the equipment and make another source of revenue for that business.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So I understand a winery has the production equipment for making wine so it would allow other people to come in and make wine using their equipment.
Do farms currently have the equipment to make wine? And how are they different than a winery?
SENATOR CARLUCCI:Well, I thank the Senator for the question.
Right now, under this bill, what it would do is allow for a winery, a vineyard, a farm to set up an establishment like this. If a farm doesn't currently possess that equipment, they could purchase that and set up their own home winemaking center. If you could envision, it could be an apple farm, it could be a vineyard. But they would be able to do this to help make sure that they could keep that farm operational and stay here in business in New York.
So again, it gives a business, a farm maybe that wasn't in this business, the opportunity to get into this business, to generate revenue, give a pastime to people to participate in, and another reason to visit New York and other regions around our great state.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So a vineyard that makes wine is in the business of making wine -- I guess that's the meaning of "winery" in the law -- and this would allow them to have other people come in and use their equipment.
But are farms currently licensed to make wine?
SENATOR CARLUCCI:So what this legislation does is -- yes, a vineyard grows grapes, a winery makes wine. A farm would then grow whatever type of fruit that someone would like to make the wine with. Right now what this does is sets up the permitting process to allow them to do it.
Under the federal rules, they allow for farms and other establishments to do this around the country. Unfortunately, in New York it's not permissible right now. So what we're doing is creating the framework, creating the regulatory procedure to allow farms to enter into this market.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So I have the equipment at my farm or my winery or my vineyard. I can produce the products myself now.
But under this law, somebody could come in and use my equipment, perhaps even buy the grapes from me and use the equipment to make their own wines. Can they then sell it?
SENATOR CARLUCCI:So this legislation would make sure that the person making the wine in the home winemaking centers is not allowed to sell the wine. They'd be able to enter it into contests, but they would not be able to sell the wine.
It would have to be in a separate room, actually, from current winemaking operations. So if there was wine being made for sale through that winery, it would have to be kept in a separate location that couldn't commingle.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the Senator continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
So my understanding is we don't really have a law that doesn't permit this now. So is this happening already in New York State?
SENATOR CARLUCCI:I mean, not that I'm formally aware of in New York State. I think there might be some organizations that are trying to do it. And right now that I think it is a problem with our State Liquor Authority, because we have conflicting views on it.
The federal Alcohol and Tobacco Tax Bureau allows for this to be done as long as it's set up, the regulatory procedures are set up in that state. And that's why you see this happening in other states, particularly the leaders when it comes to wine production in terms of economic output.
But in New York we don't have that pathway, so we don't allow, really, for these organizations to set up this kind of revenue generating.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Does the sponsor continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So the economics of the proposal interest me. Because if I am a winery now and I have vineyards, wouldn't I just rather make the wine you want and sell it to you rather having you come in, do it yourself, and then not buy my wine again because you've made your own wine?
SENATOR CARLUCCI:Well, of course this is something that each individual farmer and vineyard owner would have to decide if it made economic sense for them.
I do have a memo of support from the Farm Bureau, as they believe this would be a complement to the already thriving vineyard industry in New York State.
We have over 1600 vineyards in New York, over 400 wineries, and we want that to continue to grow in New York State. It's something that we've seen great success with, because regulations have been promulgated through Ag & Markets. This body has passed laws to let our wineries thrive. So we've seen that market really take off in New York State, and this will be a complement to it.
So I think that what will happen is in some of these wineries they'll be able to continue to sell their product, but they'll also have another revenue generator. They'll have people coming in that are learning the process of winemaking, will be given some technical assistance, will be able to use the equipment, that then this winery will be able to profit off of.
In many of the places where we have these wineries, we want to attract people to go to those wineries, and this is another way to do it.
Personally, I got involved in the issue because my house being so close to New Jersey, my family for years has participated in making their own wine, and they do it in a vineyard in New Jersey.
Being that we have a new vineyard in Rockland County, and working with them in finding ways that we can make sure they're profitable, this is another way to do it. So we want to keep that business here in New York State.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Does the sponsor continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
In the bill on page 3, lines 28 through 39, it states that the State Liquor Authority shall determine whether the applicant for a permit complies with the provisions of the federal law, rules and regulations of the federal Alcohol and Tobacco Tax and Trade Bureau relating to home winemaking centers.
So the SLA will have to permit the home winery, farm winery for each individual who comes to make wine or give them some kind of blanket permit to participate in this activity?
SENATOR CARLUCCI:Right. This would be a permit given to the actual home winemaking center. And that's where the permit would -- the owner of that establishment would be responsible for obtaining the permit.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:And so we're going to leave it up to the -- with this law, then, the SLA has to determine their understanding of what the federal requirements are and apply those in giving permits; is that understanding correct?
SENATOR CARLUCCI:That's correct. The State Liquor Authority will have the ultimate say. They're going to have to work within the confines of the federal Alcohol and Tobacco Tax Bureau.
So there are regulations already in place. We're not reinventing the wheel. Many other states already have, through their alcohol control mechanisms, regulations on the books. We'll make sure that the State Liquor Authority has the ultimate control to make sure that these permits are done in a way that complements our industry here in New York.
SENATOR KRUEGER:Through you, Mr. President, one more question.
ACTING PRESIDENT CROCI:Will the sponsor yield for one more question?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
How does this law apply to the issues of liability? I know when there's an alcohol producer or a wine producer, there's certain liability that goes along with the product. Who has liability in this situation, the wine center or the individuals coming to make their own wine?
SENATOR CARLUCCI:Well, the center would certainly have to meet certain protocol and be up to certain standards. And that's why we want to make sure that we allow the State Liquor Authority to promulgate these regulations, to make sure that it's not popping up unregulated throughout the state, to make sure that we have full recourse to know who's liable in each situation.
So ultimately the home winemaking center would be liable, like any other business that operates in New York. When people are on your premises, you have the responsibility to make sure things are compliant. And that would happen in this legislation as well.
SENATOR KRUEGER:And through you, Mr. President, I said that was my last question, but I just thought of another one.
ACTING PRESIDENT CROCI:You did, Senator.
(Laughter.)
SENATOR KRUEGER:If the sponsor would yield.
ACTING PRESIDENT CROCI:Will the sponsor yield for another question?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:You mentioned in one of your earlier answers that this might include products beyond grapes. So the definition of wine, for purposes of this bill, can include other base products for making alcohol?
SENATOR CARLUCCI:We don't try to define what wine is in the bill, but we do put in what other types of things would be permissible.
On page 3, line 48, we mention some of the purposes about fruit and other things that have been successful in New York State. It can range from honey to flowers to vegetables which have been added to make great wines in New York State. And that would be permissible under this legislation.
SENATOR KRUEGER:Through you, Mr. President, one follow-up question to that, if the sponsor doesn't mind.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR CARLUCCI:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So if my definition of wine was brandy or other stronger alcoholic beverages --
ACTING PRESIDENT CROCI:We'll suspend.
May we have order in the house, please. Thank you.
Senator Krueger.
SENATOR KRUEGER:Thank you.
So could this bill be interpreted to allow a home winemaker going to one of these centers producing alcoholic beverages that usually are defined as other kinds of alcohol under the law beyond wine?
SENATOR CARLUCCI:So this legislation would mirror our Alcohol and Beverage Control. Like I said, we're not defining wine in this legislation, it's already defined by Alcohol and Beverage Control. So that's who would define this -- pertaining to this legislation.
SENATOR KRUEGER:Thank you.
On the bill, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger on the bill.
SENATOR KRUEGER:I appreciate the sponsor's answers.
I don't think I'm opposed to the concept of allowing vineyards and wineries and perhaps farms to open themselves up for others to come in and use their equipment and maximize their return.
I am concerned with some of the things that I think the bill doesn't answer clearly enough. And I'm concerned that -- the SLA I think also may have some concerns that it's a little vague as to what their authority is for interpreting the federal alcohol and tobacco and trade laws.
But I am going to vote for this bill and expect that if the agency has problems, they'll let us all know at some time before the Governor is either signing or vetoing the bill. But I think that this bill might need some clarifications before it actually can become law in the state.
Thank you, Mr. President. I'll vote yes.
ACTING PRESIDENT CROCI:Senator Krueger to be recorded in the affirmative.
Are there any other members wishing to be heard?
Seeing none, debate is closed.
I'll ask the Secretary to ring the bell.
Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of January.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT CROCI:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: May we return to motions and resolutions.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: On behalf of Senator Seward, on page 28 I offer the following amendments to Calendar Number 323, Senate Print 3513, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT CROCI:That completes the reading. There is no further business at the desk.
SENATOR DeFRANCISCO: Then in that case I move we adjourn till tomorrow, Tuesday, May 19th, at 3:00 p.m.
ACTING PRESIDENT CROCI:On motion, the Senate stands adjourned until Tuesday, May 19th, at 3:00 p.m.
(Whereupon, at 5:01 p.m., the Senate adjourned.)
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