Gaveled in 11:09 AM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 20, 2015
11:09 a.m.
REGULAR SESSION
SENATOR JACK M. MARTINS, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT MARTINS: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 MARTINS:In the absence of clergy, may we please bow our heads in a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT MARTINS:The reading of the Journal.
The Secretary will read.
THE SECRETARY:In Senate, Tuesday, May 19th, the Senate met pursuant to adjournment. The Journal of Monday, May 18th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT MARTINS:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 61, Senator Funke moves to discharge, from the Committee on Codes, Assembly Bill Number 551 and substitute it for the identical Senate Bill Number 4763, Third Reading Calendar 856.
ACTING PRESIDENT MARTINS:The substitution is 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: Yes, would you please recognize Senator Valesky.
ACTING PRESIDENT MARTINS:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Klein, on page 61 I offer the following amendments to Calendar 853, Senate Bill 3178, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT MARTINS:So ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Would you please take up previously adopted Resolution 2111, by Senator Bonacic, and read it in its entirety.
ACTING PRESIDENT MARTINS:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2111, by Senator Bonacic, commending the Valedictorians, Salutatorians and Honored Students of the 42nd Senate District, in recognition of their outstanding accomplishments, at a celebration to be held at the State Capitol on May 20, 2015.
"WHEREAS, It is the sense of this Legislative Body to act in accord with its long-standing traditions, to honor the youth of today -- the leaders of tomorrow -- whose character and achievements exemplify the ideals and values cherished by this great state and nation; and
"WHEREAS, This Legislative Body is justly proud to recognize and commend the high achievements of these dedicated students in the 42nd Senate District on the occasion of a special celebratory visit to the State Capitol in Albany, New York, on Wednesday, May 20, 2015; at this time the Valedictorians, Salutatorians and Honored Students who have been selected by their school leadership for outstanding community service will receive special recognition from the Senate in the Senate Chamber; lunch will be served on the 3rd Floor Terrace of the Legislative Office Building, followed by a tour of the State Capitol; and
"WHEREAS, These Valedictorians, Salutatorians and Honored Students represent the best of developed potential inherent in our most precious resource, our youth; their achievements have brought enduring honor to their families and communities and should be recognized and saluted; and
"WHEREAS, The Valedictorians who are being commended today for their outstanding academic performances and exemplary achievements include: Stephanie Bishop, Leigha C. LaTourette, Ryan Cobane, Kayla Campana, Julia Episcopio, Alexandria Bouchard, Daniel Solomon, Connor O'Riordan, Jaclyn Ulivila, Anna Zirilli, Rebecca Colon, Jacob Anderson, Patricia Little, Isabella Zaccardi, Grace Rotar, Heather Hallock, Ashlyn Nardi, Kimberly Zuniga, Angelo Piscitelli, Lena Episalla, Laura Doherty, Linda Seminario, Heather Giza, Alyssa Vilela, Heather Mustavs, Cole Sensiba, Zachrey Nilsen, Eva Santos, James McColgan, Jessie Gifford, Nicholas Piaquadio, and Oksana Bihun; and
"WHEREAS, The Salutatorians who are being commended today for their outstanding academic performances and exemplary achievements include: Allison Heavey, Carli R. Pinner, Janine Velardi, Cassandra Rodriguez, Milton Dorceus, Claire Atlas, Austin Wilson, Kelly Chhe, Kayla Vaillant, Kayla Carcone, Jordan Laguio, Cheyanne Holwell, Dillon Taggart, Joseph McDoal, Kevin Hart, Raychelle Osnato, Gabrielle Kwiatkowski, Kenrick Cai, Ashley Higby, Ariel Haber, and Brian Bohan; and
"WHEREAS, The Honored Students who are being commended today and who have been selected by their school leadership for outstanding school or community service include: Alex Legg, Logan Alvarez, David Mueller, Andrew Meier, Keegan Dunn, Marisa Martell, Carly Leventoff, Peyton Green, Ariel Galvez, Mikayla Kipp, Pooja Parikh, Katherine Zenteno, Georjon Tanzi, Kanani Schnider, Crae Wilkins, and Joseph Grasso; and
"WHEREAS, These Valedictorians, Salutatorians and Honored Students may now stand with pride as they assess their achievements, experience the satisfaction of their labors and the joy of their accomplishments, eager to face the new experiences of a challenging world; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to commend the Valedictorians, Salutatorians and Honored Students of the 42nd Senate District, in recognition of their outstanding accomplishments at a celebration to be held at the State Capitol on May 20, 2015; and be it further
"RESOLVED, That copies of this resolution, suitably engrossed, be transmitted to the aforementioned Valedictorians, Salutatorians and Honored Students."
ACTING PRESIDENT MARTINS:Thank you.
Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
I'm excited to rise today and be joined with my colleagues to welcome the best of the best of the high school students in my Senate district. I have 24 school districts, and here are my valedictorians, salutatorians, and honored students.
And if you talk to them, you see that they're continuing their education in very challenging fields, whether it's science or math. And they are the future leaders.
This morning we had a presentation by three speakers who talked to these students about the transition from high school to college, knowing that they're going to have unbridled freedom from their parents, and to make sure that they adjust and are aware of the pitfalls that can be a wonderful college experience. We had Johanna Duncan-Poitier; she was the deputy chancellor of SUNY. We had Adam Casler, who was from Siena College.
And today we're 156 guests strong. There are superintendents here, principals, parents, teachers, honored students.
And I thank the parents and the superintendents and the principals for coming here today to support these high-achieving students.
We want you to be successful in college and go on and be a success in whatever endeavor you choose. We need you to keep our country strong. We would like you to come back to the State of New York to live, raise a family, and work here.
Thank you all for being here.
Thank you, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Bonacic.
And on behalf of the New York State Senate, I want to welcome all of our valedictorians, salutatorians, and honored students, parents, teachers, administrators. Welcome to the New York State Senate -- thank you, Senator DeFrancisco.
Welcome to the New York State Senate, and we hope that your stay in Albany is one that you will remember for a long time.
To all of the students that may be going away to college, just to add to Senator Bonacic's statement, we do expect you to come home. Read the fine print on your agreement to come here today. It does require you to come back home to New York, and so we intend to hold you to that.
(Laughter.)
ACTING PRESIDENT MARTINS:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'd like to congratulate all of you.
In this body and over in the Assembly we seem to be concerned about lack of performance by many, many students, which is a very sad thing. And it's always refreshing to have students here who actually do the right thing and achieve and take the difficult courses and make sure they're prepared and they have the parents behind them 100 percent.
If you were the example of all the students in this state, we'd be in wonderful shape.
And as far as coming back to the state, who said you're all leaving? We have colleges here. And you should all look at the colleges here, and you'll get a wonderful education.
And congratulations again for the great example you're giving to all the other students in this state.
Thank you.
ACTING PRESIDENT MARTINS:Thank you, Senator DeFrancisco.
Senator Marcellino.
SENATOR MARCELLINO:Thank you, Mr. President.
I would just like to thank our colleague John Bonacic for this annual event, because he reminds us, as my colleague Senator DeFrancisco just pointed out, that there are young people who are doing positive things in this state. Not always recognized by the media, not always recognized by their communities, but in fact you're out there doing the right thing and you don't get enough credit for it.
So I want to thank John for doing this annually and bringing it up and reminding us that we should go back to our own districts and do the same thing back home, which I fully intend to do. So thank you once again, John. You do a great job.
And you people understand you're well-represented in the New York State Senate by this young man.
Take care.
ACTING PRESIDENT MARTINS:Thank you, Senator Marcellino.
And once again, welcome to all of our guests here today.
Senator Flanagan.
SENATOR FLANAGAN:Thank you, Mr. President.
I want to add my voice to my colleagues and welcome all the students and their families and their parents, superintendents.
And up until last week I was the chair of the Senate Education Committee for the last five years. I believed it then, I believe it now, and I'm going to repeat what is really, really important. New York State's foremost and primary obligation and responsibility is a proper and free appropriate public education for children all throughout the State of New York. Constitutionally, governmentally, politically, that's what we should be doing.
And I could not agree more with my colleagues about the positive nature of what's going on today, because frankly we've been embroiled in discussions and debates that haven't always focused on the appropriate things.
Do we have challenges across the State of New York in terms of education? Yes. But for all the things that aren't working the right way, we have plenty of examples of things that are going really well.
So what we want to do is make sure you have the resources so you can get the quality education that you're obviously receiving. But we want to have everyone -- a rising tide lifts all boats. We want to able to replicate your success in communities all across the State of New York.
So I welcome you as well and want to congratulate all of you.
Thank you.
ACTING PRESIDENT MARTINS:Any other Senator wishing to be heard?
(No response.)
ACTING PRESIDENT MARTINS:Seeing none, again, I want to congratulate everyone, welcome you to the Senate, and I hope that your stay in Albany is one you remember.
Thank you very much for being here.
(Standing ovation.)
ACTING PRESIDENT MARTINS:Senator DeFrancisco.
SENATOR DeFRANCISCO: Would you recognize Senate Majority Leader John Flanagan.
ACTING PRESIDENT MARTINS:Senator Flanagan.
SENATOR FLANAGAN:Thank you. Thank you, Senator DeFrancisco.
We are -- glad we have everyone's attention. And this is a good lesson for our students and our guests. Last fall there was a constitutional amendment approved by the voters in November of 2014, and today we are implementing the effects of that amendment and we are moving ahead technologically to reduce paper and printing costs.
We have worked with the Assembly and Senate Bill Drafting Commission, and we are now bringing in iPads into the chamber so we can move towards a paperless production.
This will provide access to specific legislative resources, including the aging list, the daily Senate session calendar, the active list, instant bill lookup, LRS.
So it's an advance, it's a good thing. And I just want to remind my colleagues of that. And this is going to save hundreds of thousands of dollars for the Bill Drafting Commission, which is good for the taxpayers of the State of New York.
Now, to my colleagues, you can't take these outside the chamber. And they don't work outside the chamber. So they're going to be right here. And see that tall guy over there, Michael Ostrander? He looks nice, but if you try and take it outside, you're going to have a problem.
(Laughter.)
SENATOR FLANAGAN:So we're going to technically stand at ease for a moment. Jim Bell, who's from Senate Technology, is going to give a quick explanation so everyone knows what's going on. It's good for us and I think it's good for the public to see that we're engaged in this. But we'll try and do this as concisely as possible.
ACTING PRESIDENT MARTINS:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 11:24 a.m.)
(Whereupon, the Senate reconvened at 11:33 a.m.)
ACTING PRESIDENT MARTINS:Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we now go to the noncontroversial reading of the calendar.
ACTING PRESIDENT MARTINS:The Senate will come to order.
The Secretary will read.
THE SECRETARY:Calendar Number 64, by Senator Peralta, Senate Print 1301, an act to amend the Penal Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 51.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 112, by Senator Bonacic, Senate Print 1636A, an act to amend the Judiciary Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
THE SECRETARY:Ayes, 51.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 128, by Senator Martins, Senate Print 295, an act to amend the General Municipal Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 50. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 134, by Senator Gallivan, Senate Print 1700A, an act in relation to the Town of Eagle.
ACTING PRESIDENT MARTINS: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.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 51.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 159, by Senator Ortt, Senate Print 3123, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT MARTINS:The bill is laid 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 MARTINS:Read the last section.
THE SECRETARY:Section 33. This act shall take effect upon the enactment into law by the State of New Jersey of legislation.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 288, by Senator Young, Senate Print 3548, an act to amend the Soil and Water Conservation Districts Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 299, by Senator Lanza, Senate Print 4050, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Excuse me. Ayes, 54. Nays, 2. Senators Dilan and Perkins recorded in the negative.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 328, by Senator Klein, Senate Print 4142, an act to amend the Local Finance Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 331, by Senator Gallivan, Senate Print 398, an act to amend the Social Services Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 380, by Senator Young, Senate Print 1978, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56. Nays, 1. Senator Dilan recorded in the negative.
ACTING PRESIDENT MARTINS: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 MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of April.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARTINS:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I think it's a wrong precedent for the State of New York to be having religious identification on motor vehicle license plates, so I'll be voting no.
Thank you.
ACTING PRESIDENT MARTINS:Thank you, Senator Krueger.
Announce the results.
THE SECRETARY:In relation to Calendar Number 389, those recorded in the negative are Senators Dilan, Krueger, Montgomery and Perkins.
Ayes, 53. Nays, 4.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 391, by Senator Rivera, Senate Print 993A, an act to amend the Public Health Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 30th day.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 398, by Senator Golden, Senate Print 783, an act to amend the Executive Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 431, by Senator Little, Senate Print 3501, an act to amend the Public Authorities Law.
ACTING PRESIDENT MARTINS:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 445, by Senator Ranzenhofer, Senate Print 865, an act to amend the Education Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 447, by Senator Flanagan, Senate Print 2141, an act to amend the Education Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARTINS:Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President. I rise to explain my vote.
I am concerned that the bill before us actually sends the wrong message at just the wrong time regarding climate change and our need to protect our natural environment. Mr. President, today President Obama, no less, is appearing before the Coast Guard Academy graduates, and he's going to declare that climate change poses a direct threat to our military and national security.
And, Mr. President, for us to remove curriculum that would educate New York public school students about the importance of conservation and protecting our world against the threat of manmade climate change I think is a mistake, a step in the wrong direction. And we should be doing exactly the opposite. We should be encouraging greater attention on climate change.
Just one final point, sir. I had a forum yesterday on manmade climate change, and we heard from scientists, conservationists, advocates and New Yorkers who had endured the impact. The water level has risen a total of 1 foot in the last 100 years along New York's coast, and it's expected to do the same unless we take definitive action.
So I'll be voting no on this bill. Thank you.
ACTING PRESIDENT MARTINS:Thank you, Senator Hoylman.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you.
I share my colleague's concern. This has been an established educational requirement for many years in the State of New York, and it's absolutely the wrong time to be turning it into an option when we should be doing so much more to educate ourselves and our children about the dangers of climate change to the future of this world.
I actually think the benefit of having it continue as it is or even to have it expanded will be to encourage more young people to look into careers in environmental science and to explore at younger and younger ages the importance of their generation figuring out how to resolve the mistakes that have been caused by our generation and the generations before us.
So I certainly have no problem with changing the title from "Conservation Day" to "Earth Day," but I actually think that this bill takes away from the standard that's already been set when, to repeat what my colleague Senator Hoylman just said, we should be doing everything possible to expand attention to this world crisis, this global crisis, and we should do everything we can to encourage young people in our school system to get involved, to get active, to help change the behavior patterns of their own families, of their communities, and to absolutely explore the opportunities available to them in their lives to become professionals and scientists helping to address this crisis.
Thank you, Mr. President. I vote no.
ACTING PRESIDENT MARTINS:Thank you, Senator Krueger.
Announce the results.
THE SECRETARY:In relation to Calendar 447, those recorded in the negative are Senators Avella, Breslin, Carlucci, Comrie, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Panepinto, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Senator Stewart-Cousins.
Ayes, 39. Nays, 19.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 462, by Senator Little, Senate Print 819A, an act to amend the Penal Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 478, by Senator Bonacic, Senate Print 1902, an act to amend the Social Services Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARTINS:Senator Kennedy to explain his vote.
SENATOR KENNEDY:Thank you, Mr. President.
First and foremost, let me thank our colleague Senator Bonacic for carrying this all-important piece of legislation. We have seen across this state and across this country the horrific abuses against children, and New York State is taking the steps in the right direction to do what we can do at a government level to root out the bureaucracy that gets in the way of investigating these horrific instances.
Just this past week, another child died in Western New York. Her own mother is being accused of murdering that one-year-old child, her own daughter.
We have seen a spate of these deaths across Western New York, across this whole state. You know, the statistics are staggering. Hundreds of thousands of children abused and neglected across this country, tens of thousands across this state, thousands have died, oftentimes at the hands of their own family members.
What this bill does is it helps to streamline the process to which abuse is reported and effectively allows the statewide hotline to allow the mandated reporters information that comes into that hotline not to be screened but go directly to Child Protective Services at the local level. It gets rid of a layer of government that delays the process and gets in the way.
These are nurses and doctors, physician's assistants, law enforcement personnel that are trained and oftentimes, sadly, have the experience to properly identify child abuse and report it.
So when that's reported, by law, by these mandated reporters, we shouldn't have to then screen that report. That report goes directly to Child Protective Services and gets those children out of harm's way as quickly as possible.
It also establishes guidelines to which our local municipalities will create better communication with law enforcement and the local public service agencies and hospitals and such.
So again, I want to thank the bill's sponsor, Senator Bonacic, and all of our colleagues for continuing our efforts as a state to root out child abuse at every single level.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT MARTINS:Thank you, Senator Kennedy.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Could we lay the noncontroversial calendar aside for a moment and return to the order of motions and resolutions.
We have a special guest, and we have a resolution dealing with that special guest by Senator Carlucci. That's Resolution 2000. If you would please read it in its entirety.
And the resolution will be open for cosponsorship. If you don't want to cosponsor, notify the desk.
ACTING PRESIDENT MARTINS:Thank you, Senator DeFrancisco.
Returning to motions and resolutions, the Secretary will read Resolution Number 2000.
THE SECRETARY:Legislative Resolution Number 2000, by Senator Carlucci, welcoming and paying tribute to Consul General of Italy, Natalia Quintavalle, upon the occasion of her visit to Albany, New York, on May 20, 2015.
"WHEREAS, The State of New York is greatly enriched by its cultural diversity and proudly shares a multitude of values as well as familial ties with the people and country of Italy; and
"WHEREAS, This Legislative Body, representing the people of the State of New York, is pleased to welcome Consul General of Italy, Natalia Quintavalle, upon the occasion of her visit to Albany, New York, for a guest appearance and briefing before the New York Conference of Italian-American State Legislators and other lawmakers on Wednesday, May 20, 2015; and
"WHEREAS, Natalia Quintavalle is the first woman to be selected as Italian Consul General in New York; she officially began her appointment on September 5, 2011; and
"WHEREAS, Natalia Quintavalle was born in Pietrasanta, in the province of Lucca; after graduating in 1981 with a degree in Political Science from the University of Pisa, she then studied diplomacy and passed the examinations for diplomatic service in 1986; and
"WHEREAS, This Legislative Body is privileged to extend a warm welcome to an extraordinary visitor of such esteemed position and purpose, Consul General of Italy, Natalia Quintavalle, and to wish her continued success and happiness in all endeavors she pursues; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to welcome Italian Consul General Natalia Quintavalle upon the occasion of her visit to Albany, New York, and to thank her for all she has done for the Italian-American community in New York State since her appointment as Consul General of Italy; and
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Consul General of Italy, Natalia Quintavalle."
ACTING PRESIDENT MARTINS:Thank you.
Senator Carlucci.
SENATOR RITCHIE:Thank you, Mr. President.
It's an absolute honor and a privilege to rise and be able to welcome Consul General Natalia Quintavalle to the Senate chamber.
I have the distinct privilege of serving as the president of the Italian-American Legislators Conference, and we had the honor of the Consul General briefing us this morning on the work that she's doing.
And it's so exciting to be able to meet with a diplomat of the experience of Consul General Quintavalle: 25 years of diplomatic experience working for the Italian government around the world, and whether it's working on healthcare issues -- Consul General Quintavalle was the lead negotiator for Italy in developing the World Fund to Fight AIDS, Tuberculosis and Malaria -- as well as economic development.
And we're excited to work with Consul General Quintavalle on the Governor's initiative for Global New York, making sure that we pursue every opportunity possible to expand our economy here in New York State.
So with that, on behalf of the entire Senate, it's an absolute honor and a privilege to welcome Consul General Quintavalle to our chamber today. Thank you so much.
Thank you, Mr. President.
(Standing ovation.)
ACTING PRESIDENT MARTINS:Madam Consul General, welcome to our chamber.
We extend to you the courtesies of our house, and we hope that your stay here in Albany is a good one. Welcome. Thank you.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Could you please recognize Senator Rivera for a brief introduction.
ACTING PRESIDENT MARTINS:Senator Rivera.
SENATOR RIVERA:Thank you, Mr. President.
I wanted to take the time, ladies and gentlemen, to introduce you to a group of young men that is, I think, representative of some of the best people that we have in the State of New York.
If the gentlemen up here could stand up for a second. These young men are a part of the Eagle Academy, Eagle Academy for Young Men in the Bronx.
Now, for those of you that do not know, that are not privileged enough to know about the Eagle Academy, it was started back in 2004 by One Hundred Black Men. And the idea was simple. We wanted to make sure that we -- this organization wanted to make sure that they went to places where young men of color like the young gentlemen that you see here, who have such a hard time in a lot of other places to graduate at an acceptable rate, they went to those neighborhoods, they said, we're not going to run away from the problem, we're going to go and face it head on.
And what has happened, not only in the Bronx but in the school that they have in Newark, in Queens, in Brooklyn -- and very much going to continue to expand -- they've created a model which works.
What you have here is a group of young men that graduates at 78 percent. So 78 percent of the men that go into Eagle Academy graduate. And 100 percent -- I say again, ladies and gentlemen, 100 percent of the young men that graduate from Eagle Academy are accepted into higher education institutions. So what we have here is a model that works.
And I will say one more thing. This is a public school, ladies and gentlemen. And we have heard much about the good things that charters do, and certainly they do a lot of good. But when you look at the model that these young men are going through every day, it is an incredible honor to have them here so that they can see our chamber.
And I'm hoping that at some point soon -- or maybe not so soon, but at some point in the future when I no longer choose to sit in this chair, maybe one of these young men could replace me down here.
So I'd ask, if you could, to recognize their presence, if you could all stand and give them a hand.
(Standing ovation.)
SENATOR RIVERA:Thank you so much, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Rivera.
Senator Montgomery.
SENATOR MONTGOMERY:Yes, Mr. President. I rise to first of all thank my colleague Senator Rivera.
I know that you're recognizing the Eagle Academy from the Bronx, but I just would like for you to know that I represent the Eagle Academy from Brooklyn. And I am equally proud when I walk into that school and I see those young men who are just exactly what I would like to see our young men, how I would like to see them look and perform, and to know that they are as successful as they are. And it is indeed a public school.
So we support what you're doing, we support you and certainly are excited about what you represent for us and for our future. So thank you. And thank you, Senator Rivera.
Thank you, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Montgomery.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I don't know if the group was here earlier, but I want to echo what I said earlier.
It's truly refreshing to see people doing the right things in our schools and our communities. That's the only way we're going to get out of a situation that maybe is not as great as it should be as far as results in the schools.
You should be commended. You should be the leaders in your community and show the way for everyone else to do the right thing.
Congratulations.
ACTING PRESIDENT MARTINS:Thank you. Well said, Senator DeFrancisco.
Senator Comrie.
SENATOR COMRIE:Thank you, Mr. President.
As also having an Eagle Academy and being honored to have the founder of Eagle Academy that also lives in my district and grew up in my district, David Banks, I'm honored to have an Eagle Academy placed in my district also.
And I can tell you that the parental involvement has increased. The young men that are involved in the Eagle go to school from early in the morning till late at night. They are working on getting into the major colleges. And the percentage of people that are graduating with a focused spirit, a determined intellect, an opportunity to serve and an understanding of service, also are only part of the tenets that the Eagle Academy is having.
And I hope that the Eagle program can be embellished and enhanced all over this state and all over this country. Because the concept of educating young people, taking an opportunity to take them out of their usual mode of understanding, giving them exposure by utilizing community-based organizations, by bringing in speakers, by showing them a different style and opportunity for education, is a very commendable program.
We have four Eagle Academies in the city and one in Newark. I hope that the program expands, and I would invite all in this chamber to look at the Eagle Academy program.
And I want to congratulate the young men from the Bronx, but we have Queens -- I would say the Eagle Academy in Queens is the second one that was started. And I would hope that we have one day an opportunity to bring all the Eagles up here so that we can experience them up in the chambers here in Albany.
Thank you.
ACTING PRESIDENT MARTINS:Thank you, Senator Comrie.
Gentlemen, welcome to the Senate. Thank you for joining us. We wish you nothing but success in whatever life may bring you. And certainly we expect nothing but success from you in your future. Congratulations.
(Applause.)
ACTING PRESIDENT MARTINS:Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, can you go back to the noncontroversial reading of the calendar.
ACTING PRESIDENT MARTINS:Thank you, Senator DeFrancisco.
Returning to the noncontroversial calendar, the Secretary will read.
THE SECRETARY:Calendar Number 483, by Senator Murphy, Senate Print 3699, an act to amend the Executive Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 556, by Senator Libous, Senate Print 831, an act to amend the State Finance Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of April.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 559, by Senator Little, Senate Print 1233, an act to amend the Insurance Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 180th day.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 561, by Senator DeFrancisco, Senate Print 2336, an act to amend the Public Health Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 577, by Senator Savino, Senate Print 3672, an act to amend the Tax Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 656, by Senator Martins, Senate Print 4377, an act to amend the Public Authorities Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2016.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 710, by Senator Libous, Senate Print 1478, an act to amend the Highway Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 714, by Senator Larkin, Senate Print 2203, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 721, by Senator Serino, Senate Print 3694A, an act to amend the Penal Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARTINS:Senator Serino, to explain her vote.
SENATOR SERINO:Thank you, Mr. President.
I rise today to express my support for this bill and to thank my colleagues for recognizing its significance and for your patience while I explain my vote.
Even before taking office, I knew that its passage would be one of my highest priorities. In fact, it was the first piece of legislation that I introduced.
Some of you may know the story from my district about the Wonderly family, Shawn and Patty. In 2012, they had recently moved back from Florida to the City of Poughkeepsie, and they driving through the City of Poughkeepsie with their two young children when their vehicle was struck by a convicted felon who was fleeing from the police. While both the children survived their severe injuries, Shawn and Patty did not.
The perpetrator, who was wanted on several parole violations and had warrants from three law enforcement agencies, admitted to speeding and driving recklessly when he pled guilty to two counts of manslaughter.
Under the current law, regardless of the number of victims killed during a single act, sentencing must run concurrently, allowing him to serve both of those sentences at the same time. The result? The man responsible for the Wonderlys' deaths and for effectively making two young children orphans will serve only 6½ to 13 years in jail. Can you imagine? Six and a half years for taking two lives.
These kids have to deal with the loss of their mom and dad for a lifetime. They'll never know what it's like to have their parents cheering on the sidelines of a game or there to see them off to the prom, their first kiss. They won't be there for their first dates or to dance at their weddings.
The Wonderly story is infamous in my district. The way the law robbed them of justice is disgraceful, and we have a responsibility to ensure that no other family suffers at the hands of the system the way the Wonderlys have.
Passing this bill is a major step in the right direction, and it will go a long way in restoring the public's trust in the law.
Along with the members of the Wonderly family, Assemblymen Frank Skartados and Kieran Lalor have been fighting tirelessly for the passage of this bill in the Assembly. It's a new year here, and we hope our colleagues in the other house will finally put people before politics and pass this critical piece of legislation so that the Wonderlys and the families across our state can finally know that justice is served.
Enough is enough. It's time to fix our system.
Thank you.
ACTING PRESIDENT MARTINS:Thank you, Senator Serino.
Senator Lanza.
SENATOR LANZA:Mr. President, can we acknowledge and congratulate Senator Serino on the passage of her first bill in this body.
ACTING PRESIDENT MARTINS:Congratulations.
(Applause.)
ACTING PRESIDENT MARTINS:Announce the results.
THE SECRETARY:In relation to Calendar 721, those recorded in the negative are Senators Hassell-Thompson, Montgomery and Perkins. Also Senator Dilan.
Ayes, 55. Nays, 4.
ACTING PRESIDENT MARTINS:The bill is passed.
Senator Serino, congratulations.
SENATOR SERINO:Thank you.
ACTING PRESIDENT MARTINS:The Secretary will read.
THE SECRETARY:Calendar Number 726, by Senator Young, Senate Print 5056A --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT MARTINS:The bill is laid aside.
THE SECRETARY:Calendar Number 841, by Senator Díaz, Senate Print 235, an act to amend the Banking Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 842, by Senator Gallivan, Senate Print 438, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Dilan recorded in the negative.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 843, by Senator Gallivan, Senate Print 537, an act to amend the Public Service Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 845, by Senator Hannon, Senate Print 780, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 846, by Senator Serrano, Senate Print 956, an act to amend the Parks, Recreation and Historic Preservation Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 848, by Senator Golden, Senate Print 1827, an act to amend the Penal Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 849, by Senator Ritchie, Senate Print 2394, an act to amend the Correction Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 30th day.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARTINS:Announce the results.
THE SECRETARY:In relation to Calendar 849, those recorded in the negative are Senators Gianaris, Hoylman, Peralta, Perkins and Rivera.
Ayes, 54. Nays, 5.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 850, by Senator Felder, Senate Print 2866, an act to direct.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 851, by Senator Farley, Senate Print 2895, an act to amend the Education Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of September.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 852, by Senator Funke, Senate Print 2977, an act to amend the Penal Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 854, by Senator Savino, Senate Print 3243, an act to amend the Penal Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARTINS:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I understand the sponsor's concern about inappropriate behavior on public transportation and harassment and even physical contact with people who cannot necessarily move away at that time, certainly did not invite this and its inappropriateness.
But this bill would go from a misdemeanor penalty to a Level D felony, resulting in five to seven years in prison and a lifetime on the sex offender registry.
So I empathize, as a woman who uses public transportation and has experienced this type of behavior, unwanted, more than once in my life. That it is inappropriate, it should be criminal, but I do feel that we perhaps jumped over several levels of the criminal justice standard to actually move to a D felony with extended prison time for this kind of behavior.
So I am voting no. Thank you, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Krueger.
Senator Savino, my apologies, to explain her vote.
SENATOR SAVINO:Thank you, Mr. President.
Three years ago I stood at a subway station with my colleague in the Assembly Mike Cusick and the then-Public Advocate of the City of New York, Bill de Blasio, who is now the Mayor the City of New York. We stood there at that train station in Bay Ridge to call attention to something that happens every day in the New York City subway system and on the New York City buses and on the Long Island Railroad, and it happens to young women and older women and even women my age and Senator Krueger's age, where they are victimized by sexual deviants against their own will, oftentimes not even realizing that they're being violated.
Cops refer to these sexual deviants as "grinders." And any of you who have ever been on the subway at rush hour in a crowded train knows exactly what it means: Someone who sidles us behind you and, in an effort to pretend that they're just trying to, you know, get a hold on the pole, is literally grinding up against you, oftentimes ejaculating on the back of your clothing.
It is a humiliating experience, one I have experienced myself when I was a young girl riding the subway back and forth to high school in South Jamaica. I can remember the feeling of terror being locked in those subway cars, which you couldn't go through them -- those of you who know the subway system in Queens, you can't go through the train cars on the F train -- being stuck in there with a pervert who was exposing themselves, nothing that you could do. That's the reality for many of us on the subway.
Three years ago I stood at that subway station because the way women have been insulted by the law was exacerbated by a Court of Appeals decision that said that a repeat offender who had practiced this against numerous young women could only be prosecuted as a misdemeanor because those young women had to prove that they felt threatened by that action. Imagine that, a woman has to prove that she's threatened by this action.
So they called upon us to change the law, to make this a felony. We passed the bill three times in this house. And I believe in the past, Senator Krueger, you voted for the bill. But since then, the Assembly has not.
But I just wanted to give you a headline from Sunday's Staten Island Advance: "Ferry groper tells victim, 'You got nice breasts. I like them.'" A young women riding the ferry groped by an individual. He not only told her he liked her breasts, he grabbed them. He was arrested. And he can only be prosecuted as a misdemeanor -- second degree harassment, third degree sexual abuse, all misdemeanors.
It is time for us to close this loophole. It is time for us to provide protection for women on our public transportation system so they don't have to be victimized and humiliated and feel that they have to prove that they felt threatened.
Thank you, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Savino.
Announce the results.
THE SECRETARY:In relation to Calendar 854, those recorded in the negative are Senators Dilan, Hassell-Thompson, Krueger, Montgomery and Perkins.
Ayes, 54. Nays, 5.
ACTING PRESIDENT MARTINS:The bill is passed.
THE SECRETARY:Calendar Number 856, substituted earlier by Member of the Assembly Hevesi, Assembly Print 551, an act to amend the Social Services Law.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
Senator Lanza, that completes the noncontroversial reading of our calendar.
SENATOR LANZA:Mr. President, can we take up a reading of the controversial calendar.
ACTING PRESIDENT MARTINS:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 159, by Senator Ortt, Senate Print 3123, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MARTINS:Senator Hoylman.
SENATOR HOYLMAN:Thank you, Mr. President.
Would the sponsor yield to a few questions?
SENATOR ORTT:I do.
SENATOR HOYLMAN:Through you, Mr. President -- the sponsor is yielding, correct?
ACTING PRESIDENT MARTINS:The Senator has yielded. Thank you, Senator Hoylman, you may ask.
SENATOR HOYLMAN:Thank you to the sponsor and thank you, Mr. President.
Could the sponsor describe the purpose of the bill?
SENATOR ORTT:The bill is pretty straightforward, Mr. President. It would create a distinctive plate, as there are many distinctive plates for numerous organizations across the state, for the Boy Scouts.
SENATOR HOYLMAN:Would the sponsor continue to yield, Mr. President.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Through you, Mr. President, could the sponsor describe what is the general purpose of granting such distinctive license plates to organizations like the one before us today.
SENATOR ORTT:Through you, Mr. President, I think the rationale or the reason to do this is, first of all, to recognize organizations such as the Boy Scouts who have contributed to so much about what's right in New York State.
Six U.S. presidents were Eagle Scouts or Boy Scouts. And whether it's the U.S. armed forces, whether it's the Boy Scouts of America, I think it simply allows our residents to recognize these organizations, often their participation in these organizations, with that distinctive license plate.
And so that's the rationale.
SENATOR HOYLMAN:Through you, Mr. President, would the sponsor continue to yield?
SENATOR ORTT:I do.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:So would the sponsor agree that through this distinctive license plate the State of New York is essentially giving its government seal of approval on the Boy Scouts of America?
SENATOR ORTT:Through you, Mr. President, I look at it as really the State of New York is allowing its residents to showcase their support for an organization; in this case, the Boy Scouts of America.
SENATOR HOYLMAN:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:But the sponsor would agree that but for this legislation, residents could not express their support for the Boy Scouts on an official government document such as our license plates. Would the sponsor agree to that?
SENATOR ORTT:Through you, Mr. President, I think that's very apparent, yes.
SENATOR HOYLMAN:Thank you.
Through you, Mr. President. Is the sponsor aware that under Boy Scout policy -- this is the national policy -- a job applicant cannot be hired unless he's admitted first as an adult member of the Scouts?
SENATOR ORTT:Through you, Mr. President, yes.
SENATOR HOYLMAN:Thank you.
And through you, Mr. President, if the sponsor would continue to yield.
SENATOR ORTT:I do.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:And does the sponsor know that you cannot be an adult member of the Scouts if you're over 18 years old and are openly gay?
SENATOR ORTT:Through you, Mr. President. While I'm aware of that national policy, I am also aware, as I trust my colleagues are, that the New York State Council of Scouts recently hired the first adult summer camp leader who is openly gay, Pascal Tessier, who is 18.
But I am aware of the national policy.
SENATOR HOYLMAN:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT MARTINS:Does the sponsor yield?
SENATOR ORTT:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:And does the sponsor know that back in 2013, before 2013, if you were a gay kid you could not be a Boy Scout -- an openly gay kid, you would not be officially admitted to the Boy Scouts of America?
SENATOR ORTT:Mr. President, yes, I'm aware of that old policy, which is no longer the policy. As I'm aware of several policies that used to exist which are no longer in existence.
SENATOR HOYLMAN:Through you, Mr. President, if the sponsor would continue to yield. And I do appreciate his time.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:And so, Mr. President, does the sponsor know that now the policy is you can be gay as a kid in the Scouts, officially, but once you hit 18 and want to be a leader and you're gay, you can't? Does the sponsor know that? Notwithstanding, notwithstanding one case of hiring.
SENATOR ORTT:Yes, Mr. President.
SENATOR HOYLMAN:Thank you.
Would the sponsor continue to yield?
SENATOR ORTT:I do.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Does the sponsor know that the Attorney General of the State of New York is currently investigating the hiring practices of the Boy Scouts of America?
SENATOR ORTT:Through you, Mr. President, I was not aware of that.
SENATOR HOYLMAN:Thank you.
Mr. President, through you, if the sponsor would continue to yield.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:And does the sponsor know that the basis of the Attorney General's investigation is this partial ban that still exists and the fact that officially, as I pointed out earlier, you cannot work for the Boy Scouts of America unless you've been a Youth, yet you can't be a Youth if you're openly gay? I assume the sponsor is not aware of that, since he's not aware of the case, but I will just confirm that.
SENATOR ORTT:Through you, Mr. President, yes.
SENATOR HOYLMAN:Thank you to the sponsor.
So, Mr. President, I'll speak on the bill now.
ACTING PRESIDENT MARTINS:Senator Hoylman on the bill.
SENATOR HOYLMAN:Thank you. Thank you so much to the sponsor for his forthright responses.
This is an important issue. We deal with license plates a lot in this chamber, for better or for worse. I think we have 41, quote, unquote, distinctive plates floating around the State of New York. And just these last couple of years we've passed 32 bills in this chamber for groups such as veterans, firefighters, Purple Heart award winners, the U.S. Naval Armed Guard Reserve.
And to the sponsor's point, Mr. President, these are laudable individuals and entities who are really emissaries for our state. We slap that license plate on our car, we drive across the State of New York, across the country, the world, and the name of New York State is associated with that distinctive group or individuals.
And, Mr. President, I have to say I'm very concerned because the official policy, the official policy of the Boy Scouts of America is in direct contradiction with Section 296 of the New York State Human Rights Law, Part A, which says no one can be denied employment based on their age, race, creed, color, national origin, military status, sex, disability, genetic characteristics, marital status, domestic violence victim status, sexual orientation.
And I'm concerned, Mr. President, because we are, through this license plate program -- granted, highly symbolic, highly symbolic -- but we are giving, as the sponsor has acknowledged, our government's seal of approval to the Scouts.
Now, this is personal to me. I was an Eagle Scout myself. I think I had over 40 merit badges. I was a Webelo. I, you know, excelled. I think it was one of the reasons I'm, frankly, in public life.
But back then, had I come out as a kid, I would have been kicked out. And today, if I wanted to be a leader of the Boy Scouts of America, I couldn't. And that's wrong, Mr. President.
We need to stand up as a state, tell the Boy Scouts they need to end their discriminatory policy. Yes, it's symbolism. But their partial ban on LGBT folks is still a ban. And we need to send that message.
Now, the Attorney General has a lawsuit -- an investigation. And I would urge my colleagues to vote nay on this bill. Let us see how this lawsuit proceeds. Let's acknowledge that the Scouts have taken some positive steps in recent years. But again, partial discrimination is still discrimination.
So I would urge my colleagues to vote no. I would urge us to wait to see the outcome of the Attorney General's investigation. Let's send a message to the Boy Scouts of America, let's send a message to gay kids everywhere that we're concerned about their well-being and that we do not endorse discrimination of LGBT people.
I'll be voting no. Thank you, Mr. President.
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT MARTINS:Senator Lanza.
SENATOR LANZA:Mr. President, on consent, the bill will be restored to the noncontroversial calendar.
Please call the roll.
ACTING PRESIDENT MARTINS:Thank you, Senator Lanza.
With unanimous consent, it's restored to the noncontroversial reading of today's calendar.
Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARTINS:Senator Ortt to explain his vote.
SENATOR ORTT:Thank you, Mr. President.
You know, this law -- this bill, as all bills regarding license plates, contrary to what my colleague said, I don't believe it is a stamp of approval by New York State on any organization.
What I do believe, it is a stamp of approval on our residents' right to recognize their participation or their support of a particular organization. And that is a distinct difference.
And it's that freedom to allow them to express that difference for organizations that have a key or have been a key part of our state and of our country.
We just talked about the fact that the New York Boy Scouts have allowed the first openly gay leader summer camp leader, to my colleague's point. But the bottom line is whether you agree with every policy or you agree with every regulation of every group -- some people are against war, yet they support veterans' plates. You can be both.
You can not agree with every policy of the Boy Scouts and yet still recognize that for much of what the Boy Scouts stand for, whether it's leadership, integrity, teamwork -- when I look at those things, I see more of what's right about our state and America and less about what's wrong with our country and America.
So, Mr. President, for those reasons I'll be voting aye.
ACTING PRESIDENT MARTINS:Thank you, Senator Ortt.
Announce the results.
THE SECRETARY:In relation to Calendar 159, those recorded in the negative are Senators Avella, Breslin, Carlucci, Dilan, Espaillat, Gianaris, Hoylman, Kennedy, Krueger, Montgomery, Panepinto, Perkins, Rivera, Savino, Squadron, Stavisky, Stewart-Cousins. Also Senator Hassell-Thompson. Also Senator Serrano.
Ayes, 40. Nays, 19.
ACTING PRESIDENT MARTINS:The bill is passed.
The Secretary will read.
THE SECRETARY:Calendar Number 726, by Senator Young, Senate Print 5056A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT MARTINS:Senator Espaillat.
SENATOR ESPAILLAT:Through you, Mr. President, will the sponsor yield for some questions?
ACTING PRESIDENT MARTINS:Senator Young.
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR ESPAILLAT:Through you, Mr. President, would the sponsor tell us what is the estimated number of households that will benefit from this particular program?
SENATOR YOUNG:Sure, be glad to, Mr. President.
And first of all, I'd like to describe actually what the program does. It is an expansion of a very popular existing program called the New York City Rent Freeze Program, which provides a rent freeze to people with disabilities and senior citizens who qualify under certain parameters.
This would actually expand that program to include tenants who truly are struggling to be able to afford paying their rent. It would go to households that have a combined income of $50,000 or less, and these households would have to be paying more than 50 percent of their income toward rent.
It would go to rent-regulated tenants, and it would basically freeze their rents. And there would be a tax abatement that would be given to the property owners, as it is given through the Senior Citizen Rent Increase Exemption and the Disabilities Rent Increase Exemption.
So we did a calculation of this, and based on the 2011 Housing Vacancy Survey, approximately 214,183 households would be eligible for this TRIE program, the Tenant Rent Increase Exemption program, roughly equivalent to 25 percent of tenants who are often cited as paying more than 50 percent of their income toward rent.
SENATOR ESPAILLAT:Through you, Mr. President, would the sponsor yield for another question?
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR ESPAILLAT:You're saying that over 200,000 households will benefit from this particular program?
SENATOR YOUNG:Yes, Senator.
SENATOR ESPAILLAT:And what will be the cost --
ACTING PRESIDENT MARTINS:Senator Espaillat, are you asking the sponsor to continue to yield?
SENATOR ESPAILLAT:Yes. Excuse me, Mr. President. Through you, will the sponsor yield?
ACTING PRESIDENT MARTINS:The sponsor does yield.
SENATOR YOUNG:Yes.
SENATOR ESPAILLAT:What will be the cost of this program in terms of the tax revenue lost by the city?
ACTING PRESIDENT MARTINS:Senator Young.
SENATOR YOUNG:Thank you, Mr. President.
We did a calculation on this. And by the way, I want to point out that this is a local option, that New York City would have to pass a local law, ordinance or resolution in order to participate. And that New York State, under this bill, would also participate by contributing 10 percent toward the total cost.
We estimate, based on participation rates for the Senior Citizen Rent Increase Exemption program, that it would be about 40 percent of all those who are eligible, totaling about $34 million in the first year.
Under that scenario, the state would contribute $3.4 million toward the cost. But again, it's local option. The city could opt in or decide not to opt in.
And right now it's my understanding, based on reports, that New York City has a $4.5 billion surplus. So I think that they would be able to afford this program if they decided to move ahead with it.
SENATOR ESPAILLAT:Through you, Mr. President, would the sponsor yield for another question?
SENATOR YOUNG:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR ESPAILLAT:So there's approximately, according to your calculations, approximately 200,000 households that would benefit from this program, of households that make $50,000 or less a year and pay over 50 percent of that income towards their rent.
And your estimation is that it would cost, in its first year, $34 million for the City of New York?
SENATOR YOUNG:Correct.
SENATOR ESPAILLAT:And that it has a local option, that the city will actually have to agree to participate in this?
SENATOR YOUNG:Correct.
SENATOR ESPAILLAT:So have we heard from the city? Has the city given a memo of support? Has the city weighed in on this discussion?
ACTING PRESIDENT MARTINS:Senator Young.
SENATOR YOUNG:What we've heard from the city is that they are still evaluating it. I met with members from city government just this past week. They seemed to be very interested in this program. They recognize how popular and how successful the SCRIE and the DRIE programs have been, and they thought that it fit in well with their goals, but they're still taking a look at it.
ACTING PRESIDENT MARTINS:Senator Espaillat.
SENATOR ESPAILLAT:Through you, Mr. President, will the sponsor yield for another question?
SENATOR YOUNG:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR ESPAILLAT:So you have said that the state also has to chip in and it has to, in fact, provide some reimbursement for the City of New York to be able to implement this particular program. And that reimbursement will go up to 10 percent of the lost real property tax revenue; is that correct?
SENATOR YOUNG:Under this legislation, Mr. President, the state would take on 10 percent of the total cost of the program.
SENATOR ESPAILLAT:So through you, Mr. President, would the sponsor yield again?
SENATOR YOUNG:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR ESPAILLAT:So this is an unfunded mandate, then. We're asking the City of New York to implement this very worthy program, but at the same time we're asking the state to chip into it and we have not, at least not in the budget process, allocated any funding for this particular program. Is that correct?
SENATOR YOUNG:Through you, Mr. President. Respectfully, I disagree with my colleague who says it's an unfunded mandate because, as I previously said, this would be a local opt-in. The city would have to decide to go ahead with this program, and then the state would be responsible for passing the 10 percent in the upcoming budget process for next year.
SENATOR ESPAILLAT:Through you, Mr. President, will the sponsor yield?
SENATOR YOUNG:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR ESPAILLAT:There are other municipalities, other cities that will be eligible for it in the counties of Westchester, Nassau and Rockland. Have we received any memos of support from those cities?
SENATOR YOUNG:Thank you.
That would be local option. It's my understanding that those areas that the Senator just mentioned do not have any similar programs to this that do a rent increase exemption. But certainly if they wanted to do them, they should approach state government and local governments and see if there's something that could be worked out.
But again, I'd like to stress this is helping people who are struggling to pay their bills. They cannot afford their rents, households earning $50,000 or less per year and paying more than 50 percent of their income toward their rents.
I think this is a great program. I'm sure that Senator Espaillat and his colleagues have been supportive of the SCRIE and DRIE programs; I've heard that in the past. And again, this is almost an exact replication of those programs, but it's really meant to help tenants who are having a very tough time.
SENATOR ESPAILLAT:One final question, through you, Mr. President, if the sponsor will yield.
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Espaillat. The sponsor does yield.
SENATOR ESPAILLAT:Are there any estimates on how much it will cost to administer this particular program, both by the City of New York and other cities that will benefit from it?
SENATOR YOUNG:You know, I don't -- through you, Mr. President, there have been no estimates of the cost.
However, I will point out that the New York City Department of Finance currently administers the SCRIE and the DRIE programs. I have a guidelines book right here, a guide for tenants that gives all the parameters. They're set up to do this already. There's an application process that they would have to go through.
But it's my understanding that because these types of programs already exist, they're set up to handle them, that I have every confidence in the world that the New York City Department of Finance would be able to handle this program.
ACTING PRESIDENT MARTINS:Senator Espaillat.
SENATOR ESPAILLAT:On the bill, Mr. President.
ACTING PRESIDENT MARTINS:On the bill.
SENATOR ESPAILLAT:Yes, this is a bill that proposes to implement a program similar to the SCRIE and the DRIE program, which are themselves meritorious in what they try to achieve.
But we still feel that this program has not gotten full support from the City of New York, that in fact the City of New York has not produced a memo of support for this bill, that the other municipalities that will benefit from this particular program have also not submitted a memo of support, that we are still not fully sure on how much it will cost to administer this program, and that the state would also have to chip into it.
Nevertheless, it is a meritorious program, and I will be voting in support of it. But let me warn my colleagues, the real issue before this house is rent regulations that will impact 1.5 million units of rent-regulated apartments in the City of New York. They're still before us.
I would hate to think that this is a gimmick, because it is a one-house bill, to sidetrack us from our goals to ensure that over 2.5 million tenants get a rent-regulation bill that strengthens their rights and privileges in the City of New York, a city that is being ripped apart by high rents and a high cost of living.
So I will be voting in support of this bill, knowing that it is a one-house bill, that there are still some question marks to be answered, that the City of New York has not weighed in to this debate, and knowing that down the road in the next few weeks, we will have to take up what is really the important issue of housing in the City of New York, which is the extension of rent regulations by this legislative body.
So I will be voting in support of it, but I look forward to having a robust debate on the rent laws to ensure that 2.5 million New Yorkers get their day here in the Senate chamber.
Thank you, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Espaillat.
Senator Stavisky.
SENATOR STAVISKY:Yes, will the sponsor yield for one question?
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR STAVISKY:Is there a home-rule message from the City of New York?
SENATOR YOUNG:No, Mr. President, through you, there is no home-rule message.
As I pointed out earlier, that I met with members from New York City government just this past week. They seemed to be very interested in the legislation. And they are taking a look at it, they're evaluating it right now.
But certainly they're very supportive of the SCRIE and the DRIE programs, and they feel that a program such as this could possibly replicate the same popular results with the tenants.
SENATOR STAVISKY:Thank you.
SENATOR YOUNG:Thank you.
ACTING PRESIDENT MARTINS:Senator Lanza.
SENATOR LANZA:Mr. President, on consent, the bill is restored to the noncontroversial calendar.
Please call the roll.
ACTING PRESIDENT MARTINS:On consent, the bill is restored to the noncontroversial calendar.
Read the last section.
THE SECRETARY:Section 8. This act shall take effect July 1, 2015.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT MARTINS:The bill is passed.
Senator Lanza, that completes the controversial reading of today's calendar.
SENATOR LANZA:Mr. President, is there any further business before the desk?
ACTING PRESIDENT MARTINS:There is no further business before the desk.
SENATOR LANZA:Mr. President, I move that we adjourn the Senate until Wednesday, May 27th, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT MARTINS:On motion, the Senate stands adjourned until Wednesday, May 27th, at 3:00 p.m., intervening days being legislative days.
(Whereupon, at 12:40 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.