Gaveled in 4:02 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 19, 2015
4:02 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 would 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:In the absence of clergy, I ask everyone to please bow their heads in a moment of silent prayer and reflection.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Monday, May 18th, the Senate met pursuant to adjournment. The Journal of Sunday, May 17th, 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.
The Secretary will read.
THE SECRETARY:On page 29, Senator Murphy moves to discharge, from the Committee on Finance, Assembly Bill Number 4273 and substitute it for the identical Senate Bill Number 3939, Third Reading Calendar 484.
On page 48, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 866A and substitute it for the identical Senate Bill Number 1696, Third Reading Calendar 712.
On page 49, Senator Lanza moves to discharge, from the Committee on Rules, Assembly Bill Number 1460 and substitute it for the identical Senate Bill Number 2546, Third Reading Calendar 716.
ACTING PRESIDENT GRIFFO:The substitutions are so ordered.
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, on behalf of Senator Golden, 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 5327.
ACTING PRESIDENT GRIFFO:It is so ordered.
SENATOR DeFRANCISCO: On behalf of Senator Griffo, on page 49 I offer the following amendments to Calendar Number 724, Senate Print 4467A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR DeFRANCISCO: On behalf of Senator Nozzolio, on page 33 I offer the following amendments to Calendar Number 541, Senate Print 4728A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR DeFRANCISCO: I wish to call up Senator Hannon's bill, Senate Print 676A, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 55, by Senator Hannon, Senate Print 676A, an act to amend the Public Health Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 43.
SENATOR DeFRANCISCO: And I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
On motions and resolutions, Senator DeFrancisco.
SENATOR DeFRANCISCO: As far as the Resolution Calendar, I request that it be adopted, with the exception of Resolutions 2221 and 2171.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar, with the exception of Resolutions 2171 and 2221, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted as indicated.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Now can we take up a resolution by Senator Flanagan and ask that it be read in its entirety. This pertains to the Veterans Hall of Fame, and we have some veterans in the audience tonight.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative resolution by Senators Flanagan, Klein and Stewart-Cousins, honoring the distinguished veterans of the State of New York upon the occasion of their induction into the New York State Senate Veterans Hall of Fame, to be celebrated on May 19, 2015.
"WHEREAS, Members of the Armed Services from the State of New York, who have served so valiantly and honorably in wars in which this country's freedom was at stake, as well as in the preservation of peace in peacetime, deserve a special salute from this Legislative Body; and
"WHEREAS, Attendant to such concern, and in full accord with long-standing tradition, this Legislative Body is justly proud to honor the distinguished veterans from the State of New York upon the occasion of their induction into the New York State Senate Veterans Hall of Fame, to be celebrated on May 19, 2015; and
"WHEREAS, The New York State Senate Veterans Hall of Fame inductees are members of any branch of the United States Armed Forces, which include Army, Navy, Coast Guard, Air Force, and Marine Corps; these exceptional men and women are chosen for this prestigious honor based on either service in combat or notable work performed after discharge from the service; and
"WHEREAS, The 2015 inductees include: Roman Baca, Dr. Tony Baker, Jr., Analiza Benjamin, Donald I. Bernstein, James Edward Blakely, Joseph D. Blanck, Arcangelo Bollella, Deborah Bourne-Ally, Frank Casazza, Michael P. Cody Jr., Marc Coviello, Stephen Dennis, James H. Dunn, James A. Durkin, Barbara J. Exum, Bernard J. Farnan, Anthony M. Ferrarese, Donald 'Don' Fida, Joseph T. Fraccola, William Francis, Kathie Freston, Joan A. Furey, Anthony J. Gabriel, Jr., Russell A. Guthrie, Brian J. Hall, Franklin (Bob) R. Harder, Jr., Jack Harrington, Thomas J. Heron II, Wallace C. Higgins, Donald Keeney, Thomas J. Marinello, Nancy Marte, Karl W. Monson, Rodney K. Moore, Frank Morea, John L. Mosher, Francisco Muniz III, Paul Narson, Milton Nussdorf, Ben Osborne, Calvin Parker, George 'Lee' Peeney, Katharine Ragazzino, Benjamin Ralph Kimlau Post, Jorge M. Rodriquez, David Lawrence Roustum, Thomas Scardino, Patsy J. Scarpato, Joel Schumacher, Dominic Sciallo, Timothy Giles Serwinowski, Carol St. Pierre, Laura Stradley, George Sullivan, Carrie E. Taft, Robert Taitt, Ray Vaz, Patrick Vecchio, and James Earl Washington; and
"WHEREAS, The banner of freedom will always wave over our beloved New York and all of America, the land of the free and the home of the brave; and
"WHEREAS, The freedoms and security we cherish as Americans comes at a very high price for those serving in the military in times of conflict; it is fitting and proper that we who are the beneficiaries of those who risk their lives must never forget the courage with which these men and women served their country; and
"WHEREAS, Our nation's veterans deserve to be recognized, commended and thanked by the people of the State of New York for their service and for their dedication to their communities, their state and their nation; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor the distinguished veterans from the State of New York upon the occasion of their induction into the New York State Senate Veterans Hall of Fame, to be celebrated on May 19, 2015; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the 2015 inductees."
ACTING PRESIDENT GRIFFO:Senator Croci.
SENATOR CROCI:Thank you, Mr. President.
I'm very proud to rise to speak on this resolution and proud to be part of a body --
ACTING PRESIDENT GRIFFO:Excuse me, Senator Croci.
Can I have some order in the chamber, please. I know we have a number of guests here. But in deference and respect to the resolution and our Senator who is speaking.
Senator Croci, please continue.
SENATOR CROCI:Thank you, Mr. President.
I'm proud to be a part of a body that takes time in its busy schedule in our great state to recognize veterans from all over New York State. And I want to thank the participants in today's ceremony who took time to do so.
All of the members who showed up today to induct people from all over the state, as Senator Flanagan said during the ceremony, it truly is a picture of our state. Veterans from all over -- downstate, Hudson Valley, upstate, Southern Tier. It's not only a picture of who we are as a state but who we are as a people, as a nation.
Certainly every name that was read today on that resolution, veterans that we've honored, both living and deceased, took an oath to defend the Constitution of the United States. That is why they serve.
The Internal Revenue Code could fill up this chamber in volumes of paper. But the oath that they took was to the Constitution of the United States; a very small and unassuming document, but a document of pure genius created by farmers, bankers, merchants, people who did not have an education in philosophy or in great governmental formation. They came together, they created this document.
And every veteran that served took an oath to defend that Constitution -- not the Secretary of Defense, not the President, they took an oath to defend the Constitution of the United States. And for that, we are all able to sit in this chamber today and vote on a resolution to honor them.
So on behalf of certainly the Senate and Senator Flanagan, who spoke on this earlier, I want to congratulate the members of the Senate for having this event yearly and I want to thank all the members of our armed forces, both those who have served and those who are serving now.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Croci.
Senator Klein.
SENATOR KLEIN:Thank you, Mr. President.
Thank you, Senator Croci.
I rise today also to praise our veterans. This I think is one of our milestones every year when we have veterans from all of our Senate districts gather in Albany to be inducted into the Veterans Hall of Fame.
I think it's certainly true, and it should always be true, that a society should be judged on how they treat their veterans. So that's why I think it's incumbent upon us to always remember and never forgot, not only on Flag Day or Memorial Day, but each and every day.
You know, every year I've done a Valentines for Veterans, in the 20 years that I've been in public life, at the VA Hospital in Bronx County. And I make sure to have our young people involved. I make sure to have all of the schoolchildren sort of adopt a veteran for that day.
And the best part of the day is to see the faces on the young people when those veterans describe their heroic acts, talk about what they've done, be it World War II, Afghanistan, Iraq. And that's what it's all about. Because I think we always have to remember the supreme sacrifice of our veterans.
And I know Abraham Lincoln once said that the coinage used to purchase the freedoms that we enjoy today is the life and limbs of American's veterans. And I think that always has to be remembered.
And I think coming up here today and reading all of those bios, how each and every one of them from different communities, different parts of our state, different walks of life all contributed to our freedoms in a very, very special way.
So I know some of our veterans left us, but the ones that are here, I thank you. Because I don't think we should ever forget your supreme sacrifice. God bless.
ACTING PRESIDENT GRIFFO:Thank you, Senator Klein.
Senator Addabbo.
SENATOR ADDABBO:Thank you, Mr. President.
As the ranking member of the Senate Veterans Committee, I am honored and humbled to speak on this resolution and to recognize the veterans who are here with us today as part of our celebration of the 2015 Veterans Hall of Fame inductions.
These veterans are truly an indication and a representation of our state. Veterans of all ages, men and women, different backgrounds -- they're all different in many ways on the surface. But underneath, where it really counts, they're all the same: truly dedicated to our country and to serving our country.
I thank Senator Croci, chair of the Veterans Committee. I thank Senator Colonel Bill Larkin and all the members here who have served. Thank you for your dedication and commitment to our country, as we show our gratitude for your bravery in defense of our country and the freedoms that certainly we cherish.
Speaking of gratitude, I'm reminded of a quote from President Kennedy. President Kennedy once said: "As we express our gratitude, we must never forget the highest appreciation is not to utter words, but to live by them."
As you consider the service of these courageous men and women here with us today, as well as those who cannot be with us today because they made the ultimate sacrifice, I find President Kennedy's words very compelling. We as a government and as a society must act on our gratitude.
We must honor our veterans and families by making sure they have the jobs, education, healthcare, housing -- the basic amenities that we take for granted, we must make accessible to our veterans.
All our veterans have paid it forward for us, risking their health and their lives so that we can live in peace. And knowing that Veterans Day is not just one day on the calendar, but every day of the year, we must take the opportunity to pay it back for them and do what we can to assist our veterans.
Once again, I thank our veterans for their service.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Addabbo.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I know it's dangerous to do this, but I'm going to do it anyway.
Many of you had veterans here today that we honored for the Veterans Hall of Fame. But since my almost-92-year-old veteran stuck it out this whole time, Don Fida, sitting up there in the uniform -- stand up, Don. Don --
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Don served with distinction in at least three theaters of war. He was captured, he was tortured, and he's still around at age 92. And I'll have him challenge any one of you to an arm wrestling match, because he's built like a rock.
And he's going to go on another 91 years and show us how important it is to be a veteran and to learn those lessons and live your life in the right way.
So thank you for allowing me to recognize Don Fida.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
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.
Let us all now stand and give a round of applause to all of those brave, courageous soldiers and men and women.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Thank you for your service, and God bless you.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Could we please now take up a previously adopted resolution that's Number 1134, by Senator Serino. Can you please read it in its entirety.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1134, by Senator Serino, honoring Frank Rush upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate.
"WHEREAS, It is incumbent upon the people of the State of New York to recognize and acknowledge those within our midst who have made significant contributions to the quality of life therein; and
"WHEREAS, It is the sense of this Legislative Body to recognize the caring concern and heroic acts of those exemplary citizens, who take prompt and appropriate action in emergency situations, disregarding their own safety, and in doing so, help others to avert life-threatening danger; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to honor Frank Rush upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate; the Putnam Valley Town Board recognized Frank on February 18, 2015, at a town board meeting for his heroic actions in saving a man who collapsed in Grand Central Station; and
"WHEREAS, The New York State Senate Liberty Medal was established by a resolution in 2014 and is awarded to individuals who have merited special commendation for exceptional, heroic, or humanitarian acts on behalf of their fellow New Yorkers; and
"WHEREAS, On January 23, 2015, 27-year-old Metro-North rider Frank Rush, a Marine, volunteer firefighter and trained EMT, took immediate action when a man collapsed due to cardiac arrest in Grand Central Station; and
"WHEREAS, Frank Rush instantly began administering CPR while an assistant station manager and fire brigade member kept the man's airway open until an MTA police officer arrived with a defibrillator, which was set up with Frank's assistance; and
"WHEREAS, After an initial shock with the defibrillator, FDNY and NY Presbyterian EMS units arrived at the scene and took over CPR; after a second shock from the defibrillator, the man's pulse was restored; and
"WHEREAS, Even though this situation could have been a dire one, today the 70-year-old man is alive and well, and credits Frank Rush for his quick and astute heroic efforts in saving him; he is truly an inspiration for his courage and decisive action; and
"WHEREAS, Frank Rush, through his spontaneous and heroic actions, demonstrated his character and his compassion for the welfare of others, personifying, by virtue of his actions, the collective concern of ordinary citizens across the community of the State of New York who voluntarily respond when others are in need of help; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to honor Frank Rush upon the occasion of his designation as recipient of a Liberty Medal, the highest honor bestowed upon an individual by the New York State Senate; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Frank Rush."
ACTING PRESIDENT GRIFFO:Senator Serino.
SENATOR SERINO:Thank you, Mr. President.
I rise today to honor a true hero from my district, Putnam Valley firefighter and Marine Reservist Frank Rush.
Heroism comes in many forms, but often it's action in face of trouble that sets a hero apart from a complicit crowd. In January of this year, 70-year-old Moises Dreszer collapsed in Grand Central Station. It was there that Marine Reservist Frank Rush administered CPR compressions that kept Dreszer alive until help from the MTA police could arrive.
Because of Frank's quick thinking, his ingenuity, and his selfless decision to act, Mr. Dreszer is alive and well today. For that, Frank is a true hero, and I am proud to recognize him as such by presenting him with this Liberty Medal, our state's highest honor.
As Senator Flanagan noted earlier during his address at the Veterans Hall of Fame, oftentimes those who have sacrificed so much to serve our country are the ones whose service goes far beyond their military time. And clearly Frank is no exception. He's here today on a very short leave from the Reserves -- three days or so, I believe.
I hope my colleagues will join me now in honoring a true New York hero, Frank Rush.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:As indicated, the resolution was previously adopted.
We welcome Mr. Rush to the chamber today and extend the courtesies of the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I understand the sponsor is opening it up for cosponsorship. If you don't want to be a cosponsor, please notify the desk.
ACTING PRESIDENT GRIFFO:So noted.
SENATOR DeFRANCISCO: Can we now take up previously adopted Resolution Number 1198, by Senator Espaillat, and read it title only.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1198, by Senator Espaillat, memorializing Governor Andrew M. Cuomo to proclaim May 19, 2015, as Cesar Chavez Day in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Espaillat.
SENATOR ESPAILLAT:Thank you, Mr. President.
It's "yat," as in double L. You pronounce it like a Y: Espaillat. Thank you.
Yes, today I stand to recognize the legacy and the contributions of Cesar Chavez. Many of us may very often hear the phrase, the motto "Yes, we can," "Sí, se puede," not knowing that it was first started out on the West Coast by this mountain of a man who moved to organize farmworkers, grape pickers, out in the California region.
He was known for his keen leadership style and his constant struggle to protect the rights of farmworkers in California and throughout the United States.
Like Gandhi and Martin Luther King, Cesar Chavez believed in and carried out his struggle adhering to the principles of nonviolence. His many acts of protest and particularly fasting served to unify workers across America and to alert America to their struggle.
Between 1952 and 1962, Cesar Chavez worked for the Community Services Organization. When they refused to organize farmworkers in 1962, he left and cofounded the United Farmers Union. The United Farmers Union, under the leadership of Chavez, raised national consciousness about the life and struggles of farmworkers and their needs and desires for a better quality of life and education.
Today we commemorate his life, we honor his life and his accomplishments, his legacy. As a champion of democracy and human rights, his legacy remains in the hearts and minds of many of us.
It is fitting that New York, with a history rich in battles for civil, labor and human rights, joins in honoring this great leader.
Today we had a great number of advocates from farmworkers visit our offices. They had to leave to their respective regions of the state. But I know that in their spirit they carry the motto, well-established in our nation by Cesar Chavez: Sí, se puede.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:As noted, the resolution was adopted on March 26th of this year.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes. If you could please call up Resolution 2171, by Senator Hassell-Thompson, and read the title only.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2171, by Senator Hassell-Thompson, mourning the death of Reverend Dr. Richard H. Dixon, Jr., distinguished minister, civil rights leader, and devoted member of his community.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I rise to ask for support of this resolution for Dr. Richard H. Dixon, Jr., who pastored the Macedonia Baptist Church for over forty years.
Dr. Dixon was not only known for the work that he did within the walls of Macedonia, but he was truly a street preacher. And he would take his message out to the streets and bring young men and young women into the church, feed them if they were hungry, and provide shelter when they were homeless.
On a national level, he was a part of the Southern Christian Leadership movement, and he marched with Dr. King and several others from Selma to Montgomery.
Not only was he a national figure, but when Dr. King was awarded the Nobel Prize for Peace he was one of the pastors that was invited to go with Dr. King as he received this award.
Reverend Dixon was truly revered. He had a six-hour funeral, and pastors from across the country came to be there to celebrate the life of someone who was truly a giant in not only the Baptist community but across all denominations.
Dr. Dixon began the first United Black Clergy and the Interfaith Clergy throughout the County of Westchester, bringing together all faiths to ensure that social justice was the order of the day.
So I stand here as someone who was the baptized by him, who was married by him, whose children were christened under his leadership in the church.
And thank you, Mr. President and this body, for supporting this resolution for a man who very few people could ever walk in his shoes or could walk in his shadow because of the kind of commitment that he made not only to his home community, but to people anywhere who needed not just religious counseling and religious comfort, but who gave a word of good cheer and peace in his heart to all who met him.
He, like another famous gentleman of yesteryear, said he never met a person who was a stranger. And so everyone he met, he befriended. And he was adored and respected by so many.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson. 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: Yes, would you now take up Resolution 2221, by Senator Kennedy, and read the title only. Thank you.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2221, by Senator Kennedy, mourning the death of James R. Hillery, distinguished citizen and devoted member of his community.
ACTING PRESIDENT GRIFFO:Before I call on Senator Kennedy, I'm going to ask for some order in the chamber again.
We have a lot of people in the chamber. I'm going to ask staff to take their conversations outside the chamber, please.
Senator Kennedy.
SENATOR KENNEDY:Mr. President, I rise today to remember an extraordinary member of my district and my dear friend, Mr. James Hillery, who passed away on April 16th of this year.
Jim, a lifelong resident of South Buffalo, touched the lives of thousands and thousands of individuals in South Buffalo and Western New York over the course of his long and full life. After his passing, a touching tribute in the Buffalo News described him as "the Pope of South Buffalo and the Monsignor Martin Athletic Association."
A member of the second overall graduating class from Bishop Timon High School on McKinley Parkway, he was likely their proudest alumnus.
Jim believed in the importance of education for all students regardless of their family's income. For more than 50 years, he dedicated himself to raising money for underprivileged students in Western New York through the scholarship foundation named after his father, Judge John D. Hillery. Over 2,000 students have had an education they may have never otherwise dreamed of, let alone experienced, because of the scholarships given by the Hillery Foundation.
Beyond his involvement with the Hillery Foundation, Jim was a dedicated phys ed teacher for over 30 years. He also coached baseball, basketball, hockey, golf, and throughout his entire life was an amazing golfer. In addition, he officiated thousands of basketball games over 35 years.
He loved sports, not only for the athleticism and competition, but for the way the game had of bringing our community together. If you participated in sports in any way in Buffalo and Western New York, or even if you were an avid fan, you knew Jim Hillery.
But as much as he loved his high school sports and sports in general, Jim's true love and devotion was to his family, and in particular to his wife of 60 years, Kathleen.
Kathleen and Jim had a beautiful family: Six sons, three daughters, and more than 30 grandchildren. They all know how special Jim was, and we're grateful to them for sharing him with all of us in South Buffalo and beyond.
In the days following his passing, the stories and memories of Jim were endless. I was lucky enough to know Jim. We reverently referred to him as simply "Mr. Hillery." Others referred to him as "Coach." But whatever you called Jim, the experience of knowing him, what a wonderful person he was, that was expressed by so many people that showed up and talked about the stories of his life, and folks that were just so saddened through his passing.
While his infectious positivity, his spirit, his endless love for those around him will be greatly missed, his legacy will live on through the generations of students that he coached, countless people he befriended, and the community he so dearly treasured and loved.
I'm honored to have the opportunity to recognize and remember such a beloved figure in South Buffalo and, again, a very dear friend to myself and so many others in Western New York. I share my condolences with his wife, his children and grandchildren.
And so many of us know the great legacy that Jim Hillery leaves behind. May he rest in peace.
Thank you, 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.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I've been -- I notice that there's two former Senators here today in our hallowed chambers. Even though we want to leave as soon as possible in June, they want to come back and see us all again. And they'll be at the dinner tonight: Senator Franz Leichter, great debater; Senator Bob DiCarlo, great enforcer.
(Laughter.)
ACTING PRESIDENT GRIFFO:Welcome Senator Leichter, and welcome, Senator DiCarlo.
(Applause.)
SENATOR DeFRANCISCO: Judge Jeremy Weinstein is here as well. I didn't see him; he was behind Senator Leichter.
ACTING PRESIDENT GRIFFO:Senator Weinstein, welcome.
(Applause.)
SENATOR DeFRANCISCO: Okay, we'll now hand up committee assignments.
ACTING PRESIDENT GRIFFO:The committee assignments are received.
SENATOR DeFRANCISCO: They have been handed up.
And now there will be an immediate meeting of the Finance Committee in Room 332, to be immediately followed by a Rules Committee in that same room.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Senate Finance Committee in Room 332. That will be followed by an immediate meeting of the Rules Committee in Room 332.
The Senate will stand at ease.
SENATOR DeFRANCISCO: Another note.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I understand Senator Lanza will have the Cities Committee meeting after Rules.
And we'll now stand at ease.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Senate Finance Committee in Room 332. That will be followed by an immediate meeting of the Senate Rules Committee in Room 332. And that will be followed by a Committee on Cities meeting in Room 332.
The Senate stands at ease.
(Whereupon, the Senate stood at ease at 4:37 p.m.)
(Whereupon, the Senate reconvened at 5:18 p.m.)
SENATOR DeFRANCISCO: Mr. President.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: It's my understanding that the Rules Committee is over, it's been adjourned, and you have a report of the Rules Committee at the desk.
ACTING PRESIDENT GRIFFO:The Senate will come to order.
There is a Committee on Rules report before the desk.
SENATOR DeFRANCISCO: Can we accept the Rules Committee report.
ACTING PRESIDENT GRIFFO:We'll read it and then move to accept it.
The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 235, by Senator Díaz, an act to amend the Banking Law;
Senate 438, by Senator Gallivan, an act to amend the Vehicle and Traffic Law;
Senate 537, by Senator Gallivan, an act to amend the Public Service Law;
Senate 623, by Senator Valesky, an act to amend the Education Law;
Senate 780, by Senator Hannon, an act to amend the Vehicle and Traffic Law;
Senate 956, by Senator Serrano, an act to amend the Parks, Recreation and Historic Preservation Law;
Senate 1199, by Senator Marchione, an act to amend the Executive Law;
Senate 1827, by Senator Golden, an act to amend the Penal Law;
Senate 2394, by Senator Ritchie, an act to amend the Correction Law;
Senate 2866, by Senator Felder, an act to direct;
Senate 2895, by Senator Farley, an act to amend the Education Law;
Senate 2977, by Senator Funke, an act to amend the Penal Law;
Senate 3178, by Senator Klein, an act to amend the Penal Law;
Senate 3243, by Senator Savino, an act to amend the Penal Law;
Senate 4763, by Senator Funke, an act to amend the Social Services Law;
And Senate 5597, by Senator Flanagan, an act to amend Chapter 97 of the Laws of 2011.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:On motion, all in favor of accepting the Committee on Rules report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Committee on Rules report has been accepted and is before the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Could you please do the noncontroversial reading of today's calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read today's active list, noncontroversial.
The Secretary will read.
THE SECRETARY:Calendar Number 134, by Senator Gallivan, Senate Print 1700A, an act in relation.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 209, by Senator Ranzenhofer, Senate Print 3353B, an act to repeal Chapter 154 of the Laws of 1921.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 211, by Senator Ranzenhofer, Senate Print 1052, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of July.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 57. Nays, 5. Senators Avella, Carlucci, Hoylman, Krueger and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 255, by Senator Hannon, Senate Print 3461A, an act to amend the Public Health 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 290, by Senator O'Mara, Senate Print 4403A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3.
SENATOR RIVERA:Lay it aside.
SENATOR DeFRANCISCO: Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 292, by Senator Dilan, Senate Print 997, 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 immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 59. Nays, 3. Senators DeFrancisco, Hoylman and Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 301, by Senator Young, Senate Print 4267, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 302, by Senator Young, Senate Print 4268, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 383, by Senator Griffo, Senate Print 2265, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 389, by Senator Klein, Senate Print 4311, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 435, by Senator Funke, Senate Print 3131, an act to amend the Election Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 441, by Senator Marchione, Senate Print 4370, an act to amend the Racing, Pari-Mutuel Wagering and Breeding 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 449, by Senator Ortt, Senate Print 3408, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 464, by Senator Klein, Senate Print 1524, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 475, by Senator Young, Senate Print 1361, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 484, substituted earlier by Member of the Assembly Buchwald, Assembly Print 4273, an act to amend the Executive 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 501, by Senator Griffo, Senate Print 2263, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of July.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 502, by Senator Croci, Senate Print 2939, an act to amend the Military 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 502, those recorded in the negative are Senators Comrie, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker and Rivera. Also Senator Espaillat.
Ayes, 53. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 503, by Senator Croci, Senate Print 3134, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 508, by Senator Croci, Senate Print 4852, an act to amend the Military 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 526, by Senator Funke, Senate Print 4561, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 527, by Senator Funke, Senate Print 4564, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 528, by Senator Funke, Senate Print 4565, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 529, by Senator Ranzenhofer, Senate Print 4679, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 530, by Senator Gallivan, Senate Print 4687, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 556, by Senator Libous, Senate Print 831, an act to amend the State Finance Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 569, by Senator Young, Senate Print 1916, 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, 61. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 699, by Senator Díaz, Senate Print 165, an act to amend the State Finance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 700, by Senator Marcellino, Senate Print 415, an act to amend the Education 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 700, those recorded in the negative are Senators Comrie, Díaz, Dilan, Espaillat, Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Serrano, Squadron and Stavisky. Also Senator Stewart-Cousins.
Ayes, 45. Nays, 17.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 701, by Senator Marcellino, Senate Print 424, an act to amend the Penal 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, 59. Nays, 3. Senators Comrie, Hamilton and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 702, by Senator Marcellino, Senate Print 449, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 704, by Senator Robach, Senate Print 862, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 705, by Senator Robach, Senate Print 871, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 706, by Senator Avella, Senate Print 932, an act to amend the Public Housing Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 707, by Senator Ranzenhofer, Senate Print 1051, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of July.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 3. Senators Comrie, Hoylman and Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 708, by Senator Squadron, Senate Print 1121, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 709, by Senator O'Mara, Senate Print 1440, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 709, those recorded in the negative are Senators Comrie, Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins and Serrano.
Ayes, 54. Nays, 8.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 710, by Senator Libous, Senate Print 1478, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 711, by Senator Seward, Senate Print 1581, 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.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 712, substituted earlier by Member of the Assembly Jaffee, Assembly Print 866A, an act to amend the Mental Hygiene 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 713, by Senator Griffo, Senate Print 1974, 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:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: I vote no. I do on all of these because it elevates, depending on who you are, an assault 3rd to an assault 2nd.
We're almost there; I think there's a clerk at 7-11 who hasn't been covered by one of these specific bills. And as soon as that's done, I'll be supporting all of them.
Thank you.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar 713, those recorded in the negative are Senators DeFrancisco, Montgomery, Parker and Perkins.
Ayes, 58. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 714, by Senator Larkin, Senate Print 2203, an act to amend the Vehicle and Traffic Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 715, by Senator Young, Senate Print 2318, an act to amend the Civil Rights Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 716, substituted earlier by Member of the Assembly Cusick, Assembly Print 1460, an act to amend Chapter 306 of the Laws of 2011.
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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 717, by Senator Felder, Senate Print 2698, 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 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 718, by Senator Lanza, Senate Print 2819, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 719, by Senator Ritchie, Senate Print 3306, an act to amend the Correction Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:We're on Calendar Number 719.
Announce the results.
THE SECRETARY:In relation to Calendar 719, those recorded in the negative are Senators Comrie, Hassell-Thompson, Montgomery and Perkins.
Ayes, 58. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 720, by Senator Lanza, Senate Print 3317, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 720, those recorded in the negative are Senators Hassell-Thompson, Krueger, Montgomery, Perkins and Squadron.
Ayes, 57. Nays, 5.
ACTING PRESIDENT GRIFFO:The bill is passed.
Can I have some order in the house, please.
The Secretary will continue.
THE SECRETARY:Calendar Number 721, by Senator Serino, Senate Print 3694A, an act to amend the Penal Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 722, by Senator Lanza, Senate Print 3725, an act to establish.
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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 725, by Senator Venditto, Senate Print 4777, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 726, by Senator Young, Senate Print 5056A, an act to amend the Real Property Tax Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
Senator DeFrancisco, that completes the noncontroversial reading of today's calendar.
SENATOR DeFRANCISCO: Can we go back to motions and resolutions, please.
ACTING PRESIDENT GRIFFO:We'll return to motions and resolutions.
SENATOR DeFRANCISCO: On behalf of Senator Golden, on page 30 I offer the following amendments to Calendar 496, Senate Print 4642, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR DeFRANCISCO: Could you please recognize Senator Valesky.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Klein, on page 44 I offer the following amendments to Calendar 632, Senate Print 4542, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Could we now go to Senate Supplemental Calendar Number 42A.
ACTING PRESIDENT GRIFFO:We will now go to Senate Supplemental Calendar 42A.
SENATOR DeFRANCISCO: And the first bill we'd like to call up is Calendar 847, by Senator Marchione.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 847, by Senator Marchione, Senate Print 1199, an act to amend the Executive 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:Senator Kennedy to explain his vote.
SENATOR KENNEDY:Thank you, Mr. President.
I rise as a strong supporter and cosponsor of this bill, which seeks to lift the cap on compensation for Gold Star parents and allows for the annual payment to these families to be increased as Social Security benefits increase.
Gold Star families are among our nation's finest parents, who raise their children to be brave enough to fight on the front lines for our country and have given the ultimate sacrifice.
Last year I had the privilege of walking in the July 4th parade in Cheektowaga, alongside Gold Star mothers. And let me tell you, it was one of the greatest honors I've ever had in my life.
The most amazing and inspiring thing about Gold Star parents is that they're always channeling their grief into positive action that helps thousands of veterans and military families here in New York State and across this great nation. Despite their loss, their mission is to take care of others -- other veterans, other families -- so that their son's or their daughter's memory and efforts are never lost.
And just as they offer their support, it should be our mission to take care of them. By increasing the compensation of Gold Star parents as the cost of living increases, we're making a promise to these fallen brave men and women that we won't forget about their families and the ones that they love the most.
These soldiers made tremendous sacrifices. And even though our gratitude will never be able to truly match the magnitude of those sacrifices, we must always make our greatest effort.
To all the veteran families and military families whose sons and daughters have made the ultimate sacrifice, we thank them for everything that they have sacrificed on our behalf, my family, our families across this state and across this nation.
With that said, Mr. President, I vote aye.
ACTING PRESIDENT GRIFFO:Senator Kennedy to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: And the only other bill I'd like to take off of Supplemental Calendar 42A is 857, by Senator Flanagan.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 857, by Senator Flanagan, Senate Print 5597, an act to amend Chapter 97 of the Laws of 2011.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Could you please go to the controversial reading of that bill, 857, from the supplemental calendar.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell on Calendar Number 857 of Supplemental Calendar 42A.
The Secretary will read.
THE SECRETARY:Calendar Number 857, by Senator Flanagan, Senate Print 5597, an act to amend Chapter 97 of the Laws of 2011.
ACTING PRESIDENT GRIFFO:Senator Latimer.
SENATOR LATIMER:Thank you, Mr. President.
Will the sponsor or his representative be available for a few questions?
ACTING PRESIDENT GRIFFO:Senator DeFrancisco, do you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco yields.
SENATOR LATIMER:Thank you, Senator.
The bill before us today is intended to make the tax cap permanent. May I ask the Senator when the current bill is scheduled to expire.
SENATOR DeFRANCISCO: I think sometime next year, if I'm not mistaken.
SENATOR LATIMER:If the Senator will continue to yield, I do believe it expires in 2016, the Senator is correct.
The intent here is to make this permanent. Isn't it correct that at any point in time this Legislature could vote to modify or change this tax cap between now and then, or renew it for any other set period of time, that there is no deadline that requires us to deal with this particular proposal today?
SENATOR DeFRANCISCO: Yeah, that's true.
But, you know, why not the present? Why would we wait to get up against the deadline and try to get something passed at the last minute, like we do sometimes with the budget? We want to be proactive because it's such a great feature of state government, the 2 percent tax cap.
SENATOR LATIMER:Thank you. Will the Senator continue to yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR LATIMER:Thank you, Senator.
Senator, we have heard from municipal governments, those that represent villages, towns, cities and counties -- many of which we have served on ourselves as councilman, county executive, county legislator, village trustee, and so forth -- that the current property tax cap, which has been in effect for four years, exempts capital projects on the school district side but does not exempt those capital projects on the municipal government side.
And that a number of our communities are telling us that the tax cap makes it very difficult for them to undertake the kind of capital improvements that are necessary from aging infrastructure, that winds up going into the cap and making it more difficult for them to be tax-cap compliant.
Before advancing this bill today, was there a discussion about the possibility of a modification that would satisfy that which we've heard from our villages, towns, cities and counties?
SENATOR DeFRANCISCO: Yeah, there's been discussions about modifying it in many different ways. Some don't want 2 percent. Some districts, local municipalities don't want any cap so they can continue to spend at whatever rate they choose to.
But it's important to our conference that this 2 percent cap continue. We could always make modifications sometime later if the consensus is to do that.
And the amount of money, from the information I've got, that we've saved property owners in school taxes alone by the cap is $1.3 billion. And, you know, that's real money.
And most people are very concerned about high property taxes. And the great consensus is that we should keep this thing going. If it could be working better and there's a consensus made, we can make modifications like that.
SENATOR LATIMER:Will the Senator continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR LATIMER:Thank you, Senator.
Given the fact that we have the opportunity not to have the tax cap expire for at least another year, and there have not been detailed public hearings to listen to the experiences, now that we've had the cap in place for four years -- there may be things that you want to point to specifically about the benefits of it, but we have heard that there are very specific concerns about it.
Another example of that would be that in the 2011 bill, when this was passed, there was a commitment made for significant mandate relief. Has there been any mandate relief over and above what we have talked about in general that is attached to the extension of this tax cap that's before us today?
SENATOR DeFRANCISCO: Well, I think our moves as far as our state's now responsibility as far as Medicaid costs, that to me is a very significant mandate relief. It's one of the biggest mandates that we have for local government.
So I think that's been done. More can definitely be done. But the state should be paying for mandates, and I agree with you.
But this is so important, we believe it's got to be continued. And if changes have to be made at a later date -- and by the way, just for my own personal district, I get more comments on the property tax cap than anything else. People want to keep it going because they don't want to go back in that cycle that we've been going into where there are ever-increasing property taxes.
Also, to the credit of state government, we've been -- even though not mandated by law, we've been keeping our state budgets below the 2 percent cap as well, voluntarily, which provides other savings to the State of New York taxpayers as well.
SENATOR LATIMER:Will the Senator continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR LATIMER:Thank you.
Senator, there is a bill which Senator Gallivan carries which would phase out, over a defined period of time, that Medicaid mandate that you spoke of.
Any of us with any experience in county government know that that portion of mandate relief that has been experienced so far on Medicaid is merely to cap the growth of Medicaid, but that the base charge of Medicaid still runs somewhere between 20 to 25 percent of the property tax levy of county governments, whether they're a large county government or a small county government.
And I'm wondering if in if the decision to extend the tax cap as is there was any discussion of Senator Gallivan's bill, and perhaps take some of those provisions and build that in as mandate relief to accompany the extension of the cap.
SENATOR DeFRANCISCO: Well, that is also a good bill.
But on the other hand, counties -- in order to balance the budget, we have to stay under 2 percent too, according to our voluntary 2 percent cap. There are a lot of needs by a lot of people in this room that we try to fill the gaps on, and sometimes you can't justify hundreds of millions of dollars of additional spending to lower the cost for counties.
And the other thing, too, and everybody forgets about this, when Medicaid first became a responsibility of county governments, there was a corresponding permission to enact their own sales tax. And the sales tax revenues that are coming in are substantial.
So if we're going to go that logical step where we pick up the entire cost of Medicaid, maybe that sales tax revenue, in return, should be given to the State of New York or stopped completely.
So it's not like we left the county governments in the lurch. If you look at their sales tax revenues, that's probably their biggest revenue of all. So it's not -- you don't just get everything -- namely, pay the Medicaid -- and continue to have the benefit you got when the rule for Medicaid payments was made.
SENATOR LATIMER:Will the Senator continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR LATIMER:Thank you, Senator.
My understanding from most of the counties I speak to is they would gladly give us back the sales tax revenue if we took back their Medicaid mandate. Now, that may not be true for every single county, but everyone I've talked to thinks that that would be a lot better, because the reality of it is that you're paying property tax expenditures for the Medicaid mandate.
But I appreciate your answer on the issue. The bottom line is that the extension does not include any additional aid on the Medicaid issue.
May I ask -- in terms of school districts, the tax cap does not make any respectful modification for school districts when they have increasing enrollments. So that year over year, if a school district has many more students coming in, as some do, there is no exception or consideration made for that.
Was that a discussion before the extension was put before us?
SENATOR DeFRANCISCO: No. Because when you get increased enrollment, you get increased state aid to education.
And with respect to your last point, I think it's a good point. Maybe Senator Gallivan, I'd join with him to see if we could get a quid pro quo from the counties and get the sales tax in return for some further relief on Medicaid.
SENATOR LATIMER:Will the Senator continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR LATIMER:Thank you, Senator.
In many cases, Senator, as we know, there are school districts that receive as little as 5 percent of direct state aid. So when they have an increasing enrollment, no modification to the tax cap, and a very small amount of state aid, it in fact costs them a great deal whenever they have increasing enrollments. And we've seen that in many of the high-growth suburbs in Westchester and on Long Island.
Let me ask, has there been any discussion or consideration about a modification to the tax cap to take into account significant refunds on tax certiorari proceedings, which many times has had a significant impact on county governments, on school districts and on municipal governments, and it has been argued by those local officials that those should not be calculated as part of their tax cap obligation.
SENATOR DeFRANCISCO: Okay.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I don't know if there -- was that a question?
SENATOR LATIMER:Yes.
SENATOR DeFRANCISCO: Oh, okay. I missed it. Would you tell me the question part?
SENATOR LATIMER:I think I started, as they do on Jeopardy, in the form of "what is."
(Laughter.)
ACTING PRESIDENT GRIFFO:Senator Latimer, could you pose a question, please.
SENATOR LATIMER:I will. Thank you, Mr. President.
Was there consideration made for the reality that tax certiorari settlements, which have significant dollar impacts, have not been taken into account in the calculation of the tax cap for those governments that give back certioraris that are covered under the tax cap -- counties, villages, towns, cities?
SENATOR DeFRANCISCO: I'm sure there were discussions, but it didn't get in this particular bill.
And in addition, there's another remedy for those school districts. Namely, they can, by a more-than-majority vote, they can actually raise their taxes a greater part. And if they're larger than 2 percent, and if it's Westchester County, usually that's pretty high-value-property area, I think.
SENATOR LATIMER:Will the Senator continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR LATIMER:Thank you, Senator.
Was there any discussion before putting this bill before us as a straight extension about the fact that the tax cap does not take into account if there is a significant DEC consent order upon a municipal government that would require a significant expense to the municipal government, where capital is not excluded from the tax cap, and the State DEC has required Community A or Community B to spend an inordinate amount of money to fix some particular item as part of a settlement?
SENATOR DeFRANCISCO: There was never really any discussion about that.
But if you could look at any jurisdiction -- school district, municipality or whatever -- there's always special circumstances. And if we did a bill which included every circumstance where you could violate the 2 percent, you wouldn't have the 2 percent cap any longer.
SENATOR LATIMER:Will the Senator continue to yield.
SENATOR DeFRANCISCO: Yes.
SENATOR LATIMER:Thank you, Senator.
Similarly, was there any discussion about the impact of PILOT agreements, payment in lieu of tax agreements that occur that work in also against the tax cap when those come into play?
SENATOR DeFRANCISCO: Well, there's a bill that Senator O'Mara has that would do just that.
But once again, it's a local decision whether to do a PILOT or not. If the PILOT is something that's important enough to bring in new business, then obviously the tax revenues are going to go up. If it's not enough to justify doing with a 2 percent tax cap, the decision should be made not to do the project.
SENATOR LATIMER:Thank you, Senator.
Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Latimer on the bill.
SENATOR LATIMER:Thank you.
Thank you very much, Senator DeFrancisco.
What we have here is an extremely popular issue. We understand that tax stress exists everywhere in this state, from people who have low income to people who have high incomes. If they have property, they feel stressed by their property taxes.
It is also true that when this tax cap was created four years ago, it was sunset for a reason. Why do we sunset bills? Because we want there to be an evaluation as to what that bill impact will be.
And at that time that that bill was voted on in both houses and passed in both houses, there was a promise made that there would be significant, robust mandate relief that would accompany the bill. The actual bill in 2011 had very little of that.
A year later, there was an argument that the pension-smoothing proposal was that tax relief that would come, tax relief which was used by one community in the state and no others.
What I would argue is we have had the opportunity to look at four years of the impact of the tax cap. And the municipal officials, the NYSAC officials, the town officials are not arguing that they want to see the tax cap disappear. They don't like it, but they have raised some legitimate issues that need to be considered before an extension.
And to extend it without having that robust debate is not to be fair to the local governments. They are people who have run for public office as we have. They've been elected by the people in their jurisdiction to use their judgment, much the same as we have in being sent here, and much the way that most of us have who served in other levels of government before we got here.
The thought that having been elected mayor of Mineola Village or having been elected a county clerk in Saratoga County or having been elected town supervisor in New Windsor or having been elected to the Rye City Council, that somehow those elected officials can't function intelligently in their respective governments without the state telling them what to do and how to do it, works against everything that we hear all the time in this chamber, that we want to take power and push it down to the local level.
So what I would argue, I'm sure unsuccessfully, is that we have a tax cap that is in place for another year. We have identified just the tip of the iceberg of sensible discussions that ought to be held about modifications that could be made.
If we vote today to extend the tax cap today, we add no benefit to the taxpayer because the tax cap is already in place for the next 12 months.
But what we will do is turn our back on our local officials. And we will be telling those village mayors who we're going to see this weekend, we'll be telling those town councilmen that we're going to see this weekend: We didn't hear. We didn't care what you had to say. We didn't care that we were willing to try to modify and adjust and make some considerations because of that reality.
I think what we have today is acting prematurely, and I think acting unfairly to our local governments. I don't think we're treating our local governments and their officials and the school districts with the respect they properly deserve.
Having said that, Mr. President, I appreciate your time. Senator DeFrancisco, I appreciate your time. And I will relinquish my time.
ACTING PRESIDENT GRIFFO:Senator Panepinto.
SENATOR PANEPINTO:Yes, Mr. President. Will the sponsor yield to a couple of questions on the issue?
ACTING PRESIDENT GRIFFO:Senator DeFrancisco, do you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR PANEPINTO:Yes. I'd like to know if there's been any consideration given to giving municipalities some relief from capital debt expenditures in the consideration of this bill.
SENATOR DeFRANCISCO: It's not in this bill.
SENATOR PANEPINTO:It's not in this bill.
I represent a district --
ACTING PRESIDENT GRIFFO:Senator Panepinto, do you want him to yield?
SENATOR PANEPINTO:Yes, will the Senator continue to yield.
ACTING PRESIDENT GRIFFO:Yes, the Senator yields.
SENATOR PANEPINTO:Senator, I represent a district much like you do -- suburban, urban, six towns, seven villages. I have talked to all of those supervisors and village mayors.
Capital expenditures that towns engage in for roads and sewers and infrastructure, has there been any consideration for exemptions for capital expenditures in the present bill?
SENATOR DeFRANCISCO: Not in this bill, no.
SENATOR PANEPINTO:Not in this bill. Thank you.
On the bill.
ACTING PRESIDENT GRIFFO:Senator Panepinto on the bill.
SENATOR PANEPINTO:I have talked to, you know, Republican, independent, conservative municipal leaders in my district. There are great concerns as, you know, Senator Latimer has discussed on the part of village mayors and town supervisors about their inability to provide services for their towns and villages.
The Town of Tonawanda is an example. It has an EPA requirement that, you know, has got them spending $5 million to come into compliance, and that is not a capital expenditure that can be counted against the tax cap. So they have problems.
I've got the Town of Grand Island which, you know, would like to purchase additional equipment to deal with snow removal. Those things haven't been taken into account.
So while this is a very popular measure with the electorate, it's a wonderful talking point of a tax cap, it really has handicapped towns and municipalities across my district.
I'll be voting in the affirmative, but I believe that this body needs to take up the considerations on this bill about giving municipalities some relief on capital expenditures and on equipment expenditures and on relief from debt service.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that wishes to be heard, debate is closed -- Senator Bonacic.
SENATOR BONACIC:I'll try to be brief.
First of all, I appreciated Senator Latimer's very intelligent presentation of dissecting this legislation.
I recall that prior to 2011, in the mid-Hudson area, the biggest complaint we had was the escalation of property taxes on homeowners. The increases were anywhere from 5 to 10 percent, probably five years in a row. So if you owned a home that was worth 300 grand, 350, you were close to paying double-digit property taxes, close to 10 grand.
If I go to the Island, the rich people, supposedly, if their homes were assessed at $500,000, they were paying $25,000 worth of taxes.
Now, the homeowners had to choose: Are they going to pay their mortgage or are they going to pay their property taxes? That's a heck of a choice for a homeowner. Excellence for education for their children, or keeping their home? Because wages were not keeping up with that escalation that we saw in property taxes.
We were the tax hellhole in the country. And I think Westchester County to this day pays the highest taxes in the nation, I think. You can correct me if I'm wrong.
Now, we saved over $7 billion, by this tax cap, for taxpayers.
Now, on your point of mandate relief, I remember it --
SENATOR GIANARIS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Gianaris, why do you rise?
SENATOR GIANARIS:Would you just remind members to speak through the presiding officer instead of addressing each other directly.
ACTING PRESIDENT GRIFFO:He's speaking on the bill, Senator Gianaris.
SENATOR BONACIC:I'm speaking on the bill.
ACTING PRESIDENT GRIFFO:You may continue, Senator Bonacic.
SENATOR BONACIC:Yeah, I'm speaking on the bill.
In terms of mandate relief, I remember Senator Meier, who was here prior to Senator Griffo. In the Senate we put forth $2 billion of mandate relief in a position paper. We could not get the Governor to do anything on mandate relief. Because that was the component, like you said. Take the property tax cap, we're going to do mandate relief. And that's a loose -- that term is used loosely. You have federal mandates, you have Board of Education mandates, and we have state mandates. And as you know, we don't control any of the other two.
So I will just say, in conclusion, that part about being exempt on capital expenditures, I think that's something we should look at down the road. I think that's a valid point. Because my municipalities tell me the same thing as they're telling some of the other members. So that's something that I'm prepared to work with anyone that wants to take that up, to visit that subject.
But when we complain that enough is not being done, I see money coming into municipalities in a variety of areas. We have this $1.5 billion economic development, it's a competition. It's going to be divided to counties, it filters down, municipalities pick up on that. There's Governor Cuomo always announcing capital grants for everything and anything that filters down to municipalities.
So we put a limit on Medicare increases that we pick up the tab where it's frozen. As Senator DeFrancisco said, that was a huge, huge mandate relief. But it's still very expensive, I grant you that.
So since this recession that's hit this country and hit New York since 2007 -- and we have not come out of it yet -- and wages are not keeping up, everybody and his brother's uncle is being squeezed. And to your point that there's pain out there, yes, there's pain out there. But in my mind, this is generally good legislation. It helps the taxpayers. They are under assault on all aspects.
And I think it's a good bill, I'm going to support it. But I thank you both for making those points about exemption from the capital expenses.
ACTING PRESIDENT GRIFFO:Hearing and seeing no other Senator that wishes to be heard, debate is closed and the Secretary will ring the bell.
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 857, those recorded in the negative are Senators Comrie, Dilan, Espaillat, Hamilton, Hoylman, Krueger, Montgomery, Peralta, Perkins, Rivera, Serrano, Squadron and Stavisky.
Absent from voting: Senators Sampson and Sanders.
Ayes, 47. Nays, 13.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we stand at ease for a moment, please.
ACTING PRESIDENT GRIFFO:The Senate will temporarily stand at ease.
(Whereupon, the Senate stood at ease at 6:11 p.m.)
(Whereupon, the Senate reconvened at 6:13 p.m.)
SENATOR DeFRANCISCO: Mr. President.
ACTING PRESIDENT GRIFFO:The Senate will return to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Could we please lay aside the remaining bills that are before the house for the day.
ACTING PRESIDENT GRIFFO:All the bills on the both the active list and the supplemental active list will be laid aside for the day.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR DeFRANCISCO: There being none, I move to adjourn until Wednesday, {shouting} May 20th, at 11:00 a.m.
(Laughter.)
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Wednesday, May 20th, at 11:00 a.m.
The Senate is adjourned.
(Whereupon, at 6:13 p.m., the Senate adjourned.)
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