Gaveled in 3:42 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 27, 2015
3:42 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask all present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:Today's invocation will be offered by the Reverend Peter G. Young, of the Mother Teresa Community here in Albany.
Father?
REVEREND YOUNG:Thank you, Senator.
Let us pray.
With the good news of the Mets, the Yankees, and the Rangers winning, and with only one session day left for the month of May, we pray for our June calendar countdown to be one that will provide our Senators, that will offer them a friendly smile, a helping hand, a caring word, a listening ear to each other for their legislative efforts that will best benefit our citizens and constituents, to give them hope and health and happiness, with the pride of being an Empire State citizen.
Amen.
ACTING PRESIDENT GRIFFO:Thank you, Father.
The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, May 26th, the Senate met pursuant to adjournment. The Journal of Monday, May 25th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, could you recognize Senator Carlucci. He'd like to have a moment of silence for a constituent who prematurely, to say the least, passed away recently.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
Can I have some order in the house, please.
Senator Carlucci.
SENATOR CARLUCCI:Thank you, Mr. President.
Yes, I'd like the chamber to just take a brief moment to remember the life of a young woman who lost her life this weekend. Larisa Karassik, at the age of 13, was an active member of my Student Advisory Council. And that's a group of students where we meet on a monthly basis to talk about issues in the schools and the community.
And she was wise beyond her years and is someone that I had forgotten about how young she was because she was so mature. And she was here in this chamber just a few weeks ago, and we were able to do a little mock debate and talk about the issues.
And unfortunately, she lost her life in a car accident this weekend.
And I just ask this chamber to pause for a moment of silence to remember the life that she lived and remember the good things that she's done in her life.
ACTING PRESIDENT GRIFFO:I ask all members to please rise in a moment of silence.
(Whereupon, the assemblage rose and respected a moment of silence.)
ACTING PRESIDENT GRIFFO:We'll return to the order of business.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 22, Senator Marcellino moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 136A and substitute it for the identical Senate Bill Number 1405, Third Reading Calendar 144.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 38, Senator Little moves to discharge, from the Committee on Cultural Affairs and Tourism, Assembly Bill Number 2121A and substitute it for the identical Senate Bill Number 4235A, Third Reading Calendar 490.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 49, Senator Carlucci moves to discharge, from the Committee on Local Government, Assembly Bill Number 7219 and substitute it for the identical Senate Bill Number 4858, Third Reading Calendar 621.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
THE SECRETARY:On page 53, Senator Farley moves to discharge, from the Committee on Corporations and Authorities, Assembly Bill Number 737 and substitute it for the identical Senate Bill Number 4476, Third Reading Calendar 658.
ACTING PRESIDENT GRIFFO:And the substitution is 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: Yes, on behalf of Senator Gallivan, on page 28 I offer the following amendments to Calendar Number 279, Senate Print 93, and ask that said bill retain its place on 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 Croci, on page 45 I offer the following amendments to Calendar Number 576, Senate Print Number 3464A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are also received, and the bill shall retain its place on third reading.
SENATOR DeFRANCISCO: And I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: Senate 5558 and Senate 5147.
ACTING PRESIDENT GRIFFO:It is so ordered.
SENATOR DeFRANCISCO: Next I wish to call up Senator Funke's bill, Print Number 4561, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 526, by Senator Funke, Senate Print 4561, an act to amend the Highway Law.
SENATOR DeFRANCISCO: Mr. President, I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT GRIFFO:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 47.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: Next I wish to call up Senator Funke's bill, Print Number 4564, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 527, by Senator Funke, Senate Print 4564, an act to amend the Highway Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 47.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: I wish to call up -- did we just do 4565?
ACTING PRESIDENT GRIFFO:That's your last bill. You may make the motion, Senator DeFrancisco.
SENATOR DeFRANCISCO: I wish to call up Senator Funke's bill, Print Number 4565, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 528, by Senator Funke, Senate Print 4565, an act to amend the Highway Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT GRIFFO:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 47.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: Amendments are offered to the following Third Reading Calendar bills:
Senator Libous, page 32, Calendar Number 401, Senate Print 1479A;
Senator LaValle, page 33, Calendar Number 410, Senate Print 250;
Senator Croci, page 36, Calendar Number 451, Senate Print 3139;
Senator Griffo, page 36, Calendar Number 458; Senate Print 4862;
Senator Ortt, page 38, Calendar Number 493, Senate Print Number 3645;
Senator LaValle, page 39, Calendar Number 507, Senate Print 4391;
Senator Funke, page 40, Calendar Number 521, Senate Print 4234;
Senator Croci, page 41, Calendar Number 524, Senate Print 4278A;
Senator Little, page 41, Calendar Number 525, Senate Print 4296;
Senator Funke, page 52, Calendar Number 647, Senate Print Number 4767;
Senator Seward, page 56, Calendar Number 684, Senate Print Number 1380A.
I now move that these bills retain their place on the order of third reading.
ACTING PRESIDENT GRIFFO:The amendments are received, and all the bills shall retain their place on third reading.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Would you now recognize Senator Valesky, please.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Mr. President, on behalf of Senator Savino, on page 54 I offer the following amendments to Calendar Number 670, Senate Bill 5148, 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 VALESKY:On behalf of Senator Avella, on page 52 I offer the following amendments to Calendar Number 648, Senate Bill 5051, 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 VALESKY:And I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill 628.
ACTING PRESIDENT GRIFFO:It is so ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Will you now recognize Senator Gianaris.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Espaillat, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill 3753.
ACTING PRESIDENT GRIFFO:It is so ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'd now like to hand up the following committee assignments.
ACTING PRESIDENT GRIFFO:The committee assignments are before the desk and received; they will be filed in the Journal.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, would you now take up the reading of the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 55, by Senator Hannon, Senate Print 676B, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Hannon to explain his vote.
SENATOR HANNON:Thank you, Mr. President.
I just wanted to note that this is the second passage, because the Assembly had some technical amendments for the Caregivers Act, so that we will provide people with the necessary tools to take care of their loved ones when they are discharged from a hospital.
It marks, I think, a significant advance that we have in care in this state, and especially as we find those who are older increasing in greater proportion to the total population than any other demographic. So I thank you very much and urge support of this bill.
ACTING PRESIDENT GRIFFO:Senator Hannon to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 82, by Senator Klein, Senate Print 1947A, an act to amend the Education 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:Senator Klein to explain his vote.
SENATOR KLEIN:Thank you, Mr. President.
I stand in support of this legislation. This bill is entitled Erin Merryn's Law. This is a piece of legislation that's passed the Senate probably for the past four years. Unfortunately, it has yet to be taken up in the Assembly.
Erin Merryn was a young woman who is extremely brave, who was sexually abused multiple times by neighbors and family members when she was young and told her story all over the United States. She's trying to pass a version of this legislation in every state in the union. She's been successful in about five states thus far. And certainly New York would be a turning point in making sure that this bill is supported throughout the country.
It takes a very simple approach. It requires that the State Education Commissioner make recommendations to the Regents relating to the instruction to prevent child sexual exploitation and child abuse. Right now this is not a mandate. This bill would not create a mandate, but it would at least give the State Education Department the authority, through the Regents, to make recommendations to make sure that our young people are made aware of the telltale signs of child abuse.
This is something that's important. This is something that can certainly save lives. And I'm hopeful that this bill not only passes the Senate again this year but is taken up and passed in the Assembly, thus becoming law.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Klein to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 144, substituted earlier by Member of the Assembly Paulin, Assembly Print 136A, 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 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 49.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 181, by Senator Lanza, Senate Print 3315, an act to repeal.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section --
SENATOR DeFRANCISCO: Please lay that bill aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
The Secretary will continue.
THE SECRETARY:Calendar Number 182, by Senator Lanza, Senate Print --
SENATOR DeFRANCISCO: Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 195, by Senator Funke, Senate Print 3144, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Funke to explain his vote.
SENATOR FUNKE:Thank you, Mr. President and members of the Senate, for allowing this important piece of legislation to come to the floor. Appreciate it very much.
Year after year, the state has mandated additional programs and services be provided by local governments at their expense. And these mandates place local taxpayers and local elected officials in the position of paying for services that they do not control.
This legislation will help alleviate the financial challenges that local governments face each and every day from decisions made here in the State Capitol. With New York's high tax climate, it's important that we address the financial hurdles that the state places on our local governments in order to protect our residents from increasing property taxes.
And as you probably read this weekend, according to the Tax Foundation, New York State and local governments collected $2,435 per person in property taxes in 2012, which ranks fourth highest nationally.
We have to keep our residents here in New York State. We have to keep our businesses here in New York State. And by passing this legislation, we're showing our local governments that we care, that we understand the effects our legislation has on their budgets, and we are showing our constituents and taxpayers that we hear their complaints about high property taxes and that we are working very hard to correct them.
Thank you, Mr. President. I'm voting aye.
ACTING PRESIDENT GRIFFO:Senator Funke to be recorded in the affirmative.
The Secretary will announce the results.
THE SECRETARY:In relation to Calendar 195, those recorded in the negative are Senators Hoylman, Peralta, Perkins and Squadron. Also Senator Espaillat.
Ayes, 54. Nays, 5.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 217, by Senator Marcellino, Senate Print 732, 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 first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 238, by Senator Ranzenhofer, Senate Print 2645, 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 238, those recorded in the negative are Senators Croci, Hoylman, Panepinto, Rivera, Seward and Stavisky.
Ayes, 53. Nays, 6.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 241, by Senator Young, Senate Print 2279, an act to amend the Private Housing Finance 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:Those voting in the negative please raise your hands.
Announce the results.
THE SECRETARY:Ayes, 57. Nays, 2. Senators Peralta and Rivera recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 245, by Senator Seward, Senate Print 2366, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 254, by Senator Young, Senate Print 3020A, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 258, by Senator LaValle, Senate Print 2926, an act in relation to authorizing.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 363, by Senator Griffo, Senate Print 4753A, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect December 1, 2015.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 382, by Senator Flanagan, Senate Print 2135, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message before the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 390, by Senator Martins, Senate Print 4649A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 408, by Senator LaValle, Senate Print 14, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 412, by Senator Ritchie, Senate Print 2947, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 429, by Senator Perkins, Senate Print 2415, an act to amend the New York State Urban Development Corporation Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 2. Senators Croci and Martins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 443, by Senator Murphy, Senate Print 4033, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 443, those recorded in the negative are Senators Hoylman, Krueger, Perkins and Squadron.
Ayes, 55. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 446, by Senator LaValle, Senate Print 1442, 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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 448, by Senator Ritchie, Senate Print 3307, 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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 467, by Senator Ritchie, Senate Print 2305, 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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 485, by Senator Panepinto, Senate Print 4109A, 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, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 490, substituted earlier by Member of the Assembly Jaffee, Assembly Print 2121A, an act to amend the Arts and Cultural Affairs Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 491, by Senator Ortt, Senate Print 4374, an act to amend Chapter 372 of the Laws of 2008.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 497, by Senator Young, Senate Print 2281, an act to amend the Administrative Code of the City of New York.
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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 497, those recorded in the negative are Senators Espaillat, Gianaris, Hamilton, Hoylman, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Serrano, Squadron and Stavisky. Also Senator Panepinto.
Ayes, 46. Nays, 14.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 517, by Senator Young, Senate Print 3024, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 520, by Senator Flanagan, Senate Print 2589, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 562, by Senator Little, Senate Print 2388, an act to create.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 578, by Senator Savino, Senate Print 3673, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 578, those recorded in the negative are Senators Espaillat, Krueger, LaValle, Murphy and Parker.
Ayes, 55. Nays, 5.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 45, Senator Larkin moves to discharge, from the Committee on Finance, Assembly Bill Number 2321A and substitute it for the identical Senate Bill Number 4257A, Third Reading Calendar 579.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 579, by Member of the Assembly Skoufis, Assembly Print 2321A, an act to amend the State Finance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 579, those recorded in the negative are Senators Dilan, Hoylman, Panepinto, Parker, Perkins, Sanders and Squadron.
Ayes, 53. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 580, by Senator Lanza, Senate Print 4505 --
SENATOR DeFRANCISCO: Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 595, by Senator Carlucci, Senate Print 2198, 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 595, those recorded in the negative are Senators Breslin, Dilan, Espaillat, Gianaris, Krueger, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Serrano, Squadron and Stavisky.
Ayes, 44. Nays, 16.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 618, by Senator Seward, Senate Print 4541, an act to legalize, validate, ratify and confirm.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 621, substituted earlier by Member of the Assembly Zebrowski, Assembly Print 7219, an act to amend.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect upon the enactment into law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 626, by Senator Avella, Senate Print 887, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 632, by Senator Klein, Senate Print 4542A, an act to amend the Administrative Code of the City of New York.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 658, substituted earlier by Member of the Assembly Steck, Assembly Print 737, an act to amend the Business Corporation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 659, by Senator Lanza, Senate Print 4506, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 671, by Senator Golden, Senate Print 1943, 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 first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Perkins and Rivera recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 686, by Senator Breslin, Senate Print 4599, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 724, by Senator Griffo, Senate Print 4467B, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect 18 months after it shall have become a law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of today's active list.
SENATOR DeFRANCISCO: Yes, could we go to motions and resolutions, please.
ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.
SENATOR DeFRANCISCO: On behalf of Senator Martins, on page 49 I offer the following amendments to Calendar Number 619, Senate Print 4725, and ask that the bill retain its place on third reading.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
Senator DeFrancisco.
SENATOR DeFRANCISCO: And could you now go to the controversial reading, which is one bill, Senate 632.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 632, by Senator Klein, Senate Print 4542A, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT GRIFFO:Senator Krueger, why do you rise?
SENATOR KRUEGER:If the sponsor would yield for some questions, please.
ACTING PRESIDENT GRIFFO:Senator Klein, will you yield to some questions?
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger, you may continue.
SENATOR KRUEGER:Thank you, Mr. President.
So my understanding is this bill could apply to shelters for the homeless, supportive housing --
SENATOR KLEIN:Mr. President, I'm sorry, I can't hear Senator Krueger.
ACTING PRESIDENT GRIFFO:Can I have some order in the chamber, please.
Senator Krueger, if you can move the mic over.
SENATOR KRUEGER:You know, I don't think it was on before; this is probably better. Thank you.
My understanding is this bill could apply to supportive housing, shelters for the homeless, mental health treatment programs, drug treatment programs, domestic violence programs and other social service facilities. Is that correct?
SENATOR KLEIN:Yes. Actually the legislation applies to trauma, abuse, chemical dependency, chronic illness, shelters for the homeless or abused women and children.
SENATOR KRUEGER:Thank you. Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:Thank you.
So my understanding is this also could apply to programs that are already operating in a specific location and may just have a lease renewal coming up; is that correct?
SENATOR KLEIN:Through you, Mr. President, it would only apply for renewals if the local community board adopts a resolution requesting a public forum. Otherwise, it would not apply.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:Thank you.
Does the sponsor have any estimate of how many organizations would have to go through this new process each year in the City of New York?
SENATOR KLEIN:Through you, Mr. President. Again, I'm not sure, because there's always different applications, and different communities file all over the City of New York.
But I just want to preface this by saying that by having the community attend a forum, being able to have input, ask questions of the proposed project without any final veto power, I don't think is too much to ask when you're siting a social service agency or a homeless shelter in the community.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:I didn't even get to the community board role here yet.
So would the sponsor agree that this could be hundreds of organizations per year needing to go through this process?
SENATOR KLEIN:I would say it could be as high as a hundred across the city.
SENATOR KRUEGER:Through you, Mr. President, would the sponsor continue to yield?
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So as I understand the bill, the process is run through the city's Planning Commission. And so for any new location, the organization or the agency -- because it could be a city agency program as well as a not-for-profit or I suppose even a for-profit social service organization.
So if it's a new siting, you, the agency or organization, have to contact the City Planning Commission, which then triggers notifications and forums and a follow-up process. Is that correct?
SENATOR KLEIN:Through you, Mr. President, that's correct.
SENATOR KRUEGER:And then if you're requesting -- if it's a lease continuation or some change in, I suppose, legal status on the building, then it's only if a community board requests the City Planning Commission to trigger an entire new process; is that correct?
SENATOR KLEIN:Through you, Mr. President, correct. For a renewal you would not have to go through the City Planning Commission; it would just have to be the community board passing a resolution that they want to have a hearing on the renewal.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
Does the City Planning Commission have any equivalent function that it serves now where it goes out, I guess, into communities and sets up and holds forums and then has a response process and a review process?
SENATOR KLEIN:Through you, Mr. President, the City Planning Commission I thought was the perfect vehicle, because they presently do hold hearings in the community on density, siting projects. So I thought they would be able to weigh, in an unbiased manner, how the community feels about a specific project.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:I'm familiar with the City Planning Commission. And you go to their location, and they hold hearings around the various issues. I don't think it's a hundred a year.
Does the sponsor have an estimate of how many additional people would be needed to develop a new system for themselves, a new protocol, going out to community locations and following, I think, a fairly specific time frame for all of this happening?
SENATOR KLEIN:Through you, Mr. President, I don't think we're reinventing the wheel here.
We're having the City Planning Commission, in consultation with the community and the community board, set a date for a hearing, make sure they give adequate notice to the community whose community is being impacted by the project, having people attend, having a staff person from the City Planning Commission listen and then taking back the information. And ultimately the City Planning Commission can either modify the project, accept the project, or reject the project.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So under current law does the City Planning Commission have the power to reject any other specific residences or social service centers that provide certain kinds of services?
SENATOR KLEIN:Through you, Mr. President, not social service agencies. But they certainly have an opportunity to reject as far as density and volume of projects.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So in the bill there's discussion of a public forum to be held by the Planning Commission and a public hearing request from the community board. Could the sponsor tell me the difference between these two activities, and when it's one and when it's the other?
SENATOR KLEIN:Through you, Mr. President, I believe they're one and the same.
First the social service provider notifies the City Planning Commission of their application, then the City Planning Commission works with the community board and the community to actually have the hearing. And they have to have it in a certain period of time so it doesn't sort of have the process go on too long. It's pretty much in a pretty tight time frame.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to answer questions.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KLEIN:Yes, Mr. President.
Just to fill that in, Mr. President, once the notice is filed, in not less than 45 days and no more than 90 days, the commission shall conduct a community outreach forum to obtain public comments on such a proposal. So they're one and the same.
And I continue to yield, Mr. President.
SENATOR KRUEGER:Thank you.
The City of New York in their memorandum of opposition takes the position that having this process in this time frame would force them to violate the ADA and the Fair Housing Act. Have you taken a look at their memo of opposition and --
SENATOR KLEIN:I read the city's memo of opposition extensively. Unfortunately, I disagree wholeheartedly.
This is in no way causing us to fall in compliance with any federal regulations. It's not stopping a project, it's only requiring that the provider explain to the community what the project is all about and giving the community an opportunity to have input on the project.
So it certainly does not have any -- it is not giving the community veto power over any such project.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So you just answered that they can't deny a project. But in the bill it does seem to lay out a plan where the City Planning Commission, after said forum or hearing, could approve, modify or deny the proposal.
So there does seem to be a mechanism to deny applications; am I correct?
SENATOR KLEIN:Well, again, Mr. President, through you, it's not the community that has this veto power or has a say on whether a project is modified or denied or accepted. It's a city agency. And a city agency, who I would assume has a vested interest in moving these projects along and making sure they're not out of federal compliance, would probably approve it.
So I would think that probably the majority, probably all of the community forums would ultimately end in the City Planning Commission approving all these projects.
But again my point, Mr. President, is that we're engaging the community. You know, I've been around a lot of these projects for years, and they're always well-intentioned. You know, everyone understands that we have a vested interest in housing the homeless, in taking care of individuals with special needs.
But at the same time, what I find is it becomes very difficult for a community to support a project when they don't know about the project. So what happens is they immediately come into a community that is opposed, because fear becomes the deciding factor.
And unfortunately some people tend to think the worst when a provider doesn't have the common decency to sit down with elected officials, with the community, with the community board and just explain what this project is, what's the population they're servicing, how can they work with the surrounding community to help with the assimilation process.
So I think this is a win/win not only for the providers that now will have a community that understands their project and probably will be forthcoming and willing to help, but also with the community that now knows what is being placed in their own backyard.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
I appreciate the sponsor's answers, and actually particularly appreciate the last answer. Because if the legislation specifically said you must submit your plans to a community board and attend a community board meeting and answer questions, I would have no problems.
But the bill doesn't stop there. It sets up an entire fairly extensive time frame where there are various times where if somebody doesn't do something, even just falling through the cracks, the provider of services may lose their existing site or their ability to open their site.
So in continuing questions beyond the, I think, agreement between the sponsor and I that community boards should be brought into the process and should have advance notice and there should be a public premium or hearing before the community board to discuss all this, because I agree, this bill sets up --
ACTING PRESIDENT GRIFFO:Senator Krueger, are you on the bill now?
SENATOR KRUEGER:No, I'm asking the next question. Thank you, Mr. President.
This bill has subdivisions that refer to the Planning Commission approving an application or denying or modifying an application. Can you explain what the process of a determination for an approval, denial, or modification would be within City Planning?
SENATOR KLEIN:Well, just through you, Mr. President, to talk about a little bit what Senator Krueger mentioned in her remarks. You know, again, in many cases, unless you in many cases force a provider to engage the community, to even submit plans to a community board, it's just not going to happen.
You know, over the years I've seen too many projects in my district -- and I know in districts throughout New York City -- where the community never knows a thing. They choose not to go to the community board, they choose not to even let anyone know about their plans until it's too late, and then people think the worst.
Again, in response to Senator Krueger's question, it's up to the City Planning Commission. They have to weigh certain things -- you know, who actually is being placed there, whether or not there's saturation in the community, too many social service agencies on top of one another -- which never benefits anyone, even the clients. It also weighs the density of the project, how high the project is. But it really is leaving the ultimate say to the City Planning Commission. They just have to take those things into account.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So within the bill itself, it lays out this process and describes that the sponsor of an application will be banned from applying for an additional two years if his or her application is denied.
Could the sponsor explain to me what he means by "sponsor" in this bill? Is it the operator, the developer, the tax syndicator, the state if it's a state facility, the city if it's a city facility, a not-for-profit?
ACTING PRESIDENT GRIFFO:Senator Klein.
SENATOR KLEIN:Through you, Mr. President, it would be the operator.
SENATOR KRUEGER:The operator, okay.
So through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR KRUEGER:So if the City Planning Commission determined that they were banning an applicant and the applicant was the State or the City of New York, the State or the City of New York could not come forward with any additional or new program sites for two years?
SENATOR KLEIN:Yeah, at that location, that's correct.
SENATOR KRUEGER:Specific to that location, not anywhere else.
SENATOR KLEIN:Correct.
SENATOR KRUEGER:Okay. Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:And could the sponsor clarify for me the two-year-ban rule? Is it the specific location or a specific neighborhood or the community board?
SENATOR KLEIN:It's a two-year ban at that specific location.
SENATOR KRUEGER:Okay, the specific, like, block and lot location?
SENATOR KLEIN:Correct.
SENATOR KRUEGER:Thank you.
Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:On page 3 of the bill -- let me just get the section for us. So it's Section G, subdivision -- no. Section G, the top of page 3, at least in my printout. "The sponsor of such application shall be precluded from reapplying for approval of the location, establishment or operation of such facility or center or any similar-type facility or center for a period of two years from the date of such denial."
So that raised my concern, a similar-type facility. Suppose the state intends to open multiple facilities for returning youth, if we are successful in raising the age. Would that literally mean the state couldn't propose any facilities for youth within two years?
SENATOR KLEIN:Again, through you, Mr. President, I think it's pretty clear. It's for two years, and it's at that specific location only. Not anywhere in the borough, not anywhere in the neighborhood, but just that specific location.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Oh, I'm sorry, and also just to add, Mr. President, and that specific applicant.
So in other words, in essence you could probably have another provider, a different applicant, applying to have some type of site or social service site at that location, just not that applicant.
ACTING PRESIDENT GRIFFO:The sponsor continues to yield.
SENATOR KRUEGER:Thank you, Mr. President.
So imagine that you're operating a facility, your lease is up for renewal. Your community board has filed with the City Planning Commission, and that supposedly triggers some kind of time-frame process. And either because the City Planning Commission can't calendar it in a timely manner or the notification of the community forum can't take place or the City Planning Commission is delayed in the length of time they take to determine whether or not they're going to approve this, the bill seems to reference you might actually have to close down operation during that time period.
Is that your understanding of the bill or the intent of the bill?
SENATOR KLEIN:Through you, Mr. President, that certainly is not the intent of the bill, and I can't imagine how that would ever happen.
It's very clear that we're now talking about a renewal. So clearly a renewal doesn't automatically have the City Planning Commission put together this commission for community input.
Clearly, if the community board is going to act, I can probably surmise that there's a problem with that facility since they opened. So I think in that case the community certainly has every right, if they choose, by a resolution passed by the community board, to actually have that community hearing by the City Planning Commission to find out, hey, you know, what are the problems, why are these things happening, why is it not the same facility you told us it was going to be? Are there safety concerns? Are the clients in jeopardy at the facility?
So that only kicks in then. And I can't imagine how it's going to lengthen the process. You know, these renewals don't happen overnight. You know, lawyers are hired, the owner of the property has to renew the lease. I'm sure in many cases they raise the rent or anything else.
So I'm very positive that we can keep within the confines of this law and the specific time frame and now not have anyone forced out because the City Planning Commission fails to have one of these hearings.
SENATOR KRUEGER:Through you, Mr. President, I appreciate the sponsor's response. I'm not so confident of everybody keeping to the time frames.
And the way I read the bill, if statutory timelines are not kept to the minute -- well, even if they're kept to the minute, it still can be 20 days, plus 60 to 90 days, plus a time frame for decision. There can be an extensive number of months, and that's assuming everybody does everything exactly in a timely manner. So I actually am concerned --
SENATOR KLEIN:Also, through you, Mr. President, to add to that, the community board who's the final arbitrator in this -- in other words, they decide whether or not to pass this resolution -- they have to be familiar with the fact that this organization, this social service agency, is even up for renewal in the first place. So the burden is on them.
SENATOR KRUEGER:That would be correct. I agree with the sponsor about that point.
Is there a mechanism to appeal the decision of the Planning Commission if they reject or demand modification?
SENATOR KLEIN:I'm sorry, Mr. President, I didn't hear Senator Krueger's question.
SENATOR KRUEGER:Thank you. Is there a mechanism to appeal the decision of the Planning Commission?
SENATOR KLEIN:Yeah, there's always -- you know, there's always the opportunity for an aggrieved party to bring an Article 78 proceeding.
SENATOR KRUEGER:Through you, Mr. President, I'm not totally clear on that answer.
I understand the sponsor said there's always an opportunity to bring an Article 78. So that would bring a case in court that you didn't agree with the Planning Commission's decision. And then the court would have what basis to rule on that?
SENATOR KLEIN:Well, I guess through you, Mr. President, as far as the Planning Commission, the Planning Commission after the community forum has three options. They can accept the plan, reject the plan, or modify the plan. So yeah, there's nothing that kicks in where there's an appeal process with the City Planning Commission.
However, after the City Planning Commission comes out with their decision, then of course an aggrieved party always has the right for an Article 78 proceeding.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Some of those types of programs that I believe would fall under this law would include programs providing shelter to domestic violence victims and their children, programs for children with HIV/AIDS, programs for people with mental illness, with substance abuse.
There's various reasons and even statutes in law about keeping that information private for the protection of the residents of such facilities. How will we protect the confidentiality issues for these special-need populations?
SENATOR KLEIN:Through you, Mr. President, it's the actual organization, the not-for-profit there, that it's their mission to make sure that especially in cases of domestic violence or child abuse that all information is kept confidential.
It's not confidential to tell the community what is actually going to be in that program. So the individual clients of course are not going to be made public, but certainly the goal or what's actually happening at a specific location is, I think, important to be made public to the community.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So just clarifying from his bill, page 2, Section D: Such notice shall contain a description of the scope, nature, size, kind of treatment programs provided, specific address of the facility or center, number of anticipated residents or clients, et cetera.
So I do think if you were a domestic violence shelter you would need to report, yes, I'm a domestic violence shelter at this specific address providing these kinds of services.
And again, my understanding under current law is DV centers particularly try to avoid any kind of public identification of the address and location of their shelters.
SENATOR KLEIN:Through you, Mr. President, again, letting the community know that an address is a domestic violence shelter is completely different than having the clients that are in there located at that address.
So again, I've dealt with these issues, you know, for many, many years. And people do know when domestic violence shelters go into their community. People ultimately do find out when there's HIV/AIDS patients having subsidized housing in a community. People know. I don't think there's anything wrong with that.
My point is that having the community know in advance, having them engaged in the process, helping with the assimilation process, is a win/win. As I said before, I think it's good for the client and I think it's good for the community.
You know, everything we do here in many cases is always based on, you know, personal experience. You know, we had an incident in one of my communities where we had a former hospital which is now subsidized housing for frail HIV/AIDS patients. No one told the community. The community, of course, thought the worst. At first they thought it was a drug treatment center; then they thought it was something like housing for the mentally and criminally insane. You know, the community was in an uproar.
When we finally found out and they finally took the time to address the community, there's now a community advisory board and it seems to be working very, very well.
But why have one year of back and forth with the community, the community thinking the worst, people not welcoming to, you know, this very vulnerable population? It just doesn't make any sense. You know, again, I think it's the old adage, if you have nothing to hide, there's no reason why you wouldn't want to have the community engaged.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:Thank you. I would like to thank the sponsor for his answers.
You know, and my conference had a long discussion about this bill and the pros and cons. And if it was more limited in scope and targets of who would have to be included and the complexity of a City Planning Commission taking on all these additional responsibilities that it's not in the business of doing now -- and I'm just not sure how they would actually meet the obligations. On the one hand, the bill is too broad in scope and mandate, and on the other hand the bill is not detailed enough in exactly what the process would be.
So I fear we would actually do great harm to any number of community organizations already successfully operating important and supported community programs. Every community in the City of New York has significant numbers of not-for-profit service providers. I actually think my district and Senator Hoylman's district have the largest number of supportive housing. We share, I think, the largest shelter. I think we share the largest number of drug treatment programs, for a variety of reasons.
And there are always community concerns, and the community should be respected. And the community boards again, I believe, should be brought into the process.
And there was a way to write this bill where I would have been happy to say I can support this and it's a good thing, but I fear that the sponsor may have overshot in all of the new requirements and activities and demands on the organizations and City Planning and even on the community boards, from the time-frame perspective.
And so I would urge my colleagues to vote no and urge my colleague the sponsor to think through, perhaps proposing a more limited bill that I think could be operationalized effectively and accomplish much of what he is attempting to accomplish in this too complex, too broad a bill. I vote no.
Thank you very much, Mr. President.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that wishes to be heard, debate is closed.
The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Rivera to explain his vote.
SENATOR RIVERA:Thank you, Mr. President.
I want to actually take a second to laud Senator Klein. Within our conference we had a very active conversation about this bill, about what it did, what it didn't do. And there was an agreement amongst all of us there is definitely a need to change the process that the city currently undergoes that sometimes take communities by surprise when they try to put some of these types of facilities in their neighborhood.
I believe, unfortunately, this bill goes a little bit too far, but I wanted to take a second to say that Senator Klein is going in the right direction. And so unfortunately on this one it's a little bit too far, so I'll be veto in the negative.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Rivera to be recorded in the negative.
Senator Stavisky to explain her vote.
SENATOR STAVISKY:Thank you, Mr. President.
I'm going to vote for this bill because the way the city handled the location of a shelter in my Senate district at the Pan Am Hotel was horrendous. And it has been so frustrating trying to convince the city that they've got to sit down and try to work things out because people have to have a place to live. It's a comment, I suppose, on some of the problems going on in the city.
But at the same time, normally I would agree with my colleagues that it's overly broad, et cetera. But because of the problems we have incurred at the Pan Am Hotel with its location, with coming in at the last minute not informing us, a facility which cannot handle homeless people, there are no cooking facilities -- there are a hundred and one reasons why it's a bad location.
And I vote for this bill in the affirmative.
ACTING PRESIDENT GRIFFO:Senator Stavisky to be recorded in the affirmative.
Senator Peralta to explain his vote.
SENATOR PERALTA:Yes, thank you, Mr. President.
I too am going to be joining Senator Stavisky in the affirmative.
This bill is about community input. It's about ensuring that the community has a say when these type of facilities actually are being thought about.
And it was also mentioned we had a very spirited debate in conference today about which way people were going to vote. But we all are here representing constituents. And our constituents, although they sometimes may not want a certain facility in the neighborhood -- but it's about ensuring that there's an open process. It's about ensuring that there's debate. It's about ensuring that the community understands what's wrong, what are the pros, what the cons, so that the administration can hear those cons, they can hear the pros and then make a well-versed decision on whether they should move on or move forward.
And I believe that this bill does such a thing, so I am going to be voting in the affirmative, Mr. President.
Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Peralta in the affirmative.
Senator Sanders to explain his vote.
SENATOR SANDERS:Thank you, Mr. President.
First I want to applaud Senator Klein for this bill, which gives all of us a chance to speak and to say that there's something wrong with the way the city is doing the fair-share allocation.
I think that that is the basis of the problem, besides the seemingly rising inequality which is forcing people out of homes and things of that nature.
But on the bill itself, there's just something wrong with a city government which just moves and does not allow for input, for community input. So I too am forced to speak and to go with Senator Klein on this bill.
Even as we speak, I have two facilities that are being put into my district and to this day, the city has not addressed either of those with me. So under those conditions, I'm voting for this bill.
ACTING PRESIDENT GRIFFO:Senator Sanders to be recorded in the affirmative.
Senator Latimer to explain his vote.
SENATOR LATIMER:Thank you, Mr. President.
I rise to support Senator Klein's bill. While this is New York City-based, it affects those of us outside of New York City that border New York City. There is a prominent facility in the Bronx which borders my district in Westchester County, and we need the kind of opportunity to be able to have residents opine, particularly those that don't live in New York City but border it and are affected by the actions of New York City.
So I appreciate this bill and I look forward to supporting it with a vote yes.
ACTING PRESIDENT GRIFFO:Senator Latimer to be recorded in the affirmative.
Senator Hamilton to explain his vote.
SENATOR HAMILTON:Yes, thank you, Mr. Chair.
I want to commend Senator Klein on introducing this bill.
In my Senate district we have many homeless shelters, we have the armory, we have sex offenders who live not too far from schools. And many times our community wants to be heard before the social service programs are put into our community. And even though the community board still does not have the power to say yea or nay, there is another level, another process where the community can be heard through the City Planning.
So for this vote, I'm going to vote yes on this bill. I wish it did not have supportive housing in the bill, because we need more supportive housing to alleviate the burden of people being homeless and living in shelters. But in totality, I'm going to vote yes on the bill and thank Senator Klein for introducing it.
ACTING PRESIDENT GRIFFO:Senator Hamilton to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 632, those recorded in the negative are Senators Hoylman, Krueger, Montgomery, Ortt, Perkins, Rivera, Serrano and Squadron.
Absent from voting: Senator Amedore.
Ayes, 51. Nays, 8.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that concludes the controversial reading of today's active list.
SENATOR DeFRANCISCO: Yes, we are now going to have an immediate meeting of the Rules Committee in Room 332.
For members' information, one of those bills, Senator Larkin's bill dealing with veterans' pensions, will be taken up after the Rules Committee report is brought back here, and that's the only bill that will be taken up.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332.
The Senate will stand temporarily at ease.
(Whereupon, the Senate stood at ease at 4:56 p.m.)
(Whereupon, the Senate reconvened at 5:33 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I understand there's a report from the Rules Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a Rules Committee report before the desk.
The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 31, by Senator DeFrancisco, an act to amend the Social Services Law;
Senate 148, by Senator Squadron, an act to amend the Penal Law;
Senate 324, by Senator LaValle, an act to amend the Criminal Procedure Law;
Senate 395, by Senator Gallivan, an act to amend the Penal Law;
Senate 403, by Senator Gallivan, an act to amend the Criminal Procedure Law;
Senate 428A, by Senator Gallivan, an act to amend the Tax Law;
Senate 532, by Senator Gallivan, an act to amend the Civil Service Law;
Senate 640, by Senator Valesky, an act to amend the Vehicle and Traffic Law;
Senate 641, by Senator Valesky, an act to amend the Penal Law;
Senate 823, by Senator Hannon, an act to amend the Family Court Act;
Senate 990, by Senator Ranzenhofer, an act to amend the Penal Law;
Senate 1074, by Senator Golden, an act to amend the Real Property Tax Law;
Senate 1342, by Senator Little, an act to amend the Real Property Law;
Senate 1445, by Senator O'Mara, an act to amend the Tax Law;
Senate 1454, by Senator Golden, an act directing;
Senate 1499, by Senator Kennedy, an act to amend the Penal Law;
Senate 1683A, by Senator Little, an act to amend the Tax Law;
Senate 1849, by Senator Marchione, an act to amend the Penal Law;
Senate 2013, by Senator Carlucci, an act to amend the Tax Law;
Senate 2173, by Senator Marcellino, an act to amend the Civil Rights Law;
Senate 2204, by Senator Larkin, an act to amend the Vehicle and Traffic Law;
Senate 2212A, by Senator Larkin, an act to amend the Vehicle and Traffic Law;
Senate 2337, by Senator Lanza, an act to amend the Public Authorities Law;
Senate 2396, by Senator Ritchie, an act to amend the Vehicle and Traffic Law;
Senate 2610, by Senator Seward, an act to amend the Real Property Law;
Senate 2641, by Senator Savino, an act to amend the Penal Law;
Senate 2720, by Senator Griffo, an act to amend the Penal Law;
Senate 2882, by Senator Ranzenhofer, an act to amend the Canal Law;
Senate 2961, by Senator Ortt, an act to amend the Tax Law;
Senate 2964A, by Senator Ortt, an act to amend the Penal Law;
Senate 2975, by Senator Ortt, an act to amend the Penal Law;
Senate 3034, by Senator Hoylman, an act to amend the Public Authorities Law;
Senate 3212, by Senator Young, an act to amend the Penal Law;
Senate 3228, by Senator Golden, an act to amend the Public Authorities Law;
Senate 3335, by Senator Lanza, an act to amend the Criminal Procedure Law;
Senate 3384, by Senator Golden, an act to amend the Social Services Law;
Senate 3484, by Senator Lanza, an act to amend the Penal Law;
Senate 3596, by Senator Savino, an act to amend the Social Services Law;
Senate 3674, by Senator Savino, an act to amend the Labor Law;
Senate 3676, by Senator Savino, an act to amend the Tax Law;
Senate 3701, by Senator Ranzenhofer, an act to amend the Tax Law;
Senate 3731, by Senator Lanza, an act to amend the Tax Law;
Senate 3804, by Senator Parker, an act to amend the Public Health Law;
Senate 3852, by Senator Lanza, an act to amend the Penal Law;
Senate 4038, by Senator Seward, an act to amend the Environmental Conservation Law;
Senate 4124, by Senator Larkin, an act to amend the Retirement and Social Security Law;
Senate 4151, by Senator LaValle, an act to amend the Environmental Conservation Law;
Senate 4166B, by Senator Latimer, an act to amend the Penal Law;
Senate 4225, by Senator Valesky, an act to amend Chapter 335 of the Laws of 2005;
Senate 4390, by Senator LaValle, an act to amend the Environmental Conservation Law;
Senate 5079, by Senator Larkin, an act to amend the Criminal Procedure Law;
Senate 5122, by Senator Valesky, an act to amend the Elder Law;
And Senate 5596, by Senator Golden, an act to amend the Retirement and Social Security Lay.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I would move to accept the report of the Rules Committee.
ACTING PRESIDENT GRIFFO: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 is before the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we now go to Calendar Number 44A, the supplemental calendar, and take up just one bill, Calendar Number 999, by Senator Larkin.
ACTING PRESIDENT GRIFFO:Calendar Number 999, by Senator Larkin, Print Number 4124.
The Secretary will read.
THE SECRETARY:Calendar Number 999, by Senator Larkin, Senate Print 4124, an act to amend the Retirement and Social Security 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:Senator Larkin to explain his vote.
SENATOR LARKIN:Thank you very much, Mr. President.
We come again to this chamber for the third time in two years. This bill passed twice last year, bipartisan. This year it's bipartisan again. It was vetoed by the Governor.
Just think about it. Two months ago, 49 members of the armed forces were shot and killed in Afghanistan. Afghanistan isn't on the contract for those to be awarded credits. Their family could have gotten something from it.
But here's what we're saying. The mayor of the City of New York runs Albany, because he wrote a four-page letter and said this is not going to happen, we can't do this. And then he turned around and spent $19 million.
I don't care what the City of New York says through the mayor. What I care about is the vote from you in this room. And I'm very disappointed that there's a lot of people not here. But I bet they were out shaking the flag on Memorial Day: Look at what I think about you in the armed forces. You ought to be ashamed of yourself. And I hope you're listening.
It doesn't matter whether you were called to active duty during wartime; you answered the call of your government. These are all volunteers, they're not drafted, every one of them that we're talking about.
To please some of them, we're taking the Tier 6, they're going to pay 6 percent. All of the rest will pay the 3 percent. And let's think about it. A lot of those young people, they're not retiring tomorrow or next week, they're going to wait a while till they get some time beside them and get it.
I hope those of you who refuse to honor the people here of the armed forces by staying away -- are you afraid? Who are you afraid of? Are you afraid of the people who stood up for you and took the battle, some in combat, some not?
But all you've got to say is who comes first, the men and women of the armed forces or someone trying to promote himself higher in the chain of command someplace.
I want to tell you, I thank everybody who stayed here and sat here tonight and will vote for the men of the armed forces. Because you think about it. Maybe you didn't get in the battle today, but tomorrow you may. And how the hell can you sit here and not give any respect to these men of the armed forces? I don't know how you sleep at night. But I'll tell you, I'll sleep, because I've been there.
And I know many of you here that are listening to me have heard it before. And I don't mean to be grouchy. But this past weekend, a lot of us attended memorial services. A Marine unit, ran from Albany to Goshen, New York, 49 members of that unit were killed in one day in Afghanistan two months ago. But they're not covered because Afghanistan isn't in the war zone as far as they're concerned. Somebody in the White House made a determination. They ought to go over there and watch sometime.
I thank everybody here who's -- all of the cosponsors. I wish everyone else who didn't sign on to get on it. And I thank you.
And I can tell you, from last Saturday's retirement parade and graduation at West Point, many of the cadets that were here for West Point Day came up to me and said "Will you tell the Senators that were there that we appreciate the honor they bestowed upon us."
Do you realize that all of the combat arms that graduated Saturday will be in combat by the first of September? May God watch over them.
ACTING PRESIDENT GRIFFO:Senator Larkin to be recorded in the affirmative.
Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes. I think this bill passed unanimously the last time through. And I think there's something I learned in civics class a few years ago, that if the Governor vetoes a bill, the veto can be overridden by a two-thirds vote.
So I think that the legislators should be commended for continuing to pass this bill. And I've got an idea. When the bill is vetoed, we bring it up for an override of the veto. And then the only reason this bill has not passed will be overcome from a rule from basic civics class many, many moons ago. And that's what I would suggest.
I vote aye.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of the supplemental active list.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR DeFRANCISCO: In that case, I would move that we adjourn until tomorrow morning at 11:00 o'clock. That's tomorrow, Thursday, May 28th.
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Thursday, May 28th, at 11:00 a.m.
The Senate is adjourned.
(Whereupon, at 5:44 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.