Gaveled in 11:36 AM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 28, 2015
11:36 a.m.
REGULAR SESSION
SENATOR THOMAS CROCI, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT CROCI:The Senate will come to order.
I ask everyone present to please rise and repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT CROCI: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 CROCI:The reading of the Journal.
THE SECRETARY:In Senate, Wednesday, May 27th, the Senate met pursuant to adjournment. The Journal of Tuesday, May 26th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT CROCI:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 15, Senator Hannon moves to discharge, from the Committee on Health, Assembly Bill Number 6062 and substitute it for the identical Senate Bill Number 3687, Third Reading Calendar 164.
On page 61, Senator Golden moves to discharge, from the Committee on Insurance, Assembly Bill Number 453 and substitute it for the identical Senate Bill Number 1454, Third Reading Calendar 968.
On page 64, Senator Savino moves to discharge, from the Committee on Labor, Assembly Bill Number 4759 and substitute it for the identical Senate Bill Number 3674, Third Reading Calendar 992.
On page 64, Senator Parker moves to discharge, from the Committee on Health, Assembly Bill Number 375 and substitute it for the identical Senate Bill Number 3804, Third Reading Calendar 996.
On page 65, Senator Valesky moves to discharge, from the Committee on Education, Assembly Bill Number 5953 and substitute it for the identical Senate Bill Number 4225, Third Reading Calendar 1002.
ACTING PRESIDENT CROCI:The substitutions are so 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: On behalf of Senator Robach, on page 31 I offer the following amendments to Calendar Number 532, Senate Print 4957, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: Would you please recognize Senator Valesky.
ACTING PRESIDENT CROCI:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Carlucci, on page 20 I offer the following amendments to Calendar 329, Senate Bill 4669A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, can we please adopt the Resolution Calendar, with the exception of Resolutions 2377 and 2287.
ACTING PRESIDENT CROCI:All in favor of adopting the Resolution Calendar, with the exception of Resolutions Number 2377 and 2287, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT CROCI:Opposed, nay.
(No response.)
ACTING PRESIDENT CROCI:The Resolution Calendar is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we take up Resolution 2287, by Senator Stewart-Cousins, read the title only, and call on Senator Stewart-Cousins.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2287, by Senator Stewart-Cousins, commending Irvington Fire Chief Chris DePaoli in recognition of his heroic actions in stopping a violent attack at the Irvington Metro-North Station.
ACTING PRESIDENT CROCI:Senator Stewart-Cousins.
SENATOR STEWART-COUSINS:Thank you, Mr. President.
I rise to congratulate and to recognize a real hero amongst us. Chief Chris DePaoli is the fire chief in Irvington. It's an all-volunteer fire force with 70 members. And he is also, after 30 years, still employed by the Irvington, which is a village in Westchester County, Parks Department.
He has multiple hats. He is not only the chief of the fire department, an employee there, but he is a loving husband, he is a great son and he is a great father.
And the reason why we're here today is because as he was taking his daughters -- and one daughter is 16-year-old Lara, and 10-year-old Natasha. As he was taking them to watch a softball game, this fire chief saw an assault happening on the train station in Irvington. And what he saw was somebody who had a knife who was attacking a woman. And there was no one there, but he saw that taking place.
And with his daughters in tow, the fire chief did not call 911. Because indeed, in every sense of the word, he's a first responder, he did exactly that. He jumped out of his car, he took his daughter's baseball bat and ran and stopped the assault.
Now, the woman had been -- yes, I know.
(Applause.)
SENATOR STEWART-COUSINS:Now, you know, by the time he'd gotten there, the woman had already been stabbed, had been stabbed in several places, including the jugular vein.
So he was able, without a thought of his own safety, and even the daughters who were there in the car, it didn't take a moment for him to just stop and act.
And his parents are here from Florida, and I got a chance to talk to his mom. And she was talking about how proud she was and of course how her husband had certainly been a great model for Chris.
But I thought that he, who's here with his sister and with Larry Schopfer, who's the village manager, he would be a great model for all us.
It's not all of us who aspire to be heroes. It's not all of us who devote as much time and attention to the little and big things in the communities that we live in. But it really is up to all of us to be able to highlight, spotlight and honor people who, in the course of what they think is everyday activities, go above and beyond.
It is an inspiration. And I'm certainly happy to recognize Chris DePaoli for all that he's done and to thank him for being a tremendous, tremendous person and someone to emulate in New York State.
Congratulations.
(Standing ovation.)
ACTING PRESIDENT CROCI:Thank you, Senator Stewart-Cousins.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I was just wondering what happened to the guy who got hit with the baseball bat. I didn't hear that part.
SENATOR STEWART-COUSINS:He's in jail.
SENATOR DeFRANCISCO: He's in jail, okay.
ACTING PRESIDENT CROCI:So the question is on the resolution. All in favor of adopting the resolution please indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT CROCI:Opposed, nay.
(No response.)
ACTING PRESIDENT CROCI:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Senator Stewart-Cousins would like to open the resolution up to all other Senators. If you do not want to be a cosponsor, notify the desk.
Would you please take up Resolution 2377, by Senator Little, read it in its entirety, and recognize Senator Little, please.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2377, by Senators Little and Nozzolio, congratulating Derek Sprague upon the occasion of his election as President of the Professional Golf Association of America.
"WHEREAS, It is the custom of this Legislative Body to take notice of and publicly acknowledge individuals who have distinguished themselves through their exemplary careers, accomplishments, and purposeful lives of service to their community and their profession; and
"WHEREAS, Attendant to such concern, and in full accord with its long-standing traditions, this Legislative Body is justly proud to congratulate Derek Sprague upon the occasion of his election as President of the Professional Golf Association of America on November 22, 2014; and
"WHEREAS, A native of Malone, New York, Derek Sprague competed on the golf team at James Madison University, where he earned a Bachelor's of Business Administration degree in marketing in 1988; and
"WHEREAS, Derek Sprague turned professional in 1989, and began his career at the Malone Golf Club; he was elected to Professional Golf Association (PGA) membership in 1993; and
"WHEREAS, In 1998, Derek Sprague began his service with the Northeastern New York PGA Board of Directors, serving as Section President from 2003-2004 and as a member of the employment committee from 1995-2001; and
"WHEREAS, This esteemed man provided outstanding service to the national golf community as both PGA of America Secretary and PGA Vice President, prior to his appointment as Interim President in October of 2014; and
"WHEREAS, As PGA President, Derek Sprague's tenure will coincide with the organization's 100th Anniversary, the re-introduction of golf to the Olympics, and the" --
ACTING PRESIDENT CROCI:Secretary suspend.
Can we have some order in the house, please. Thank you.
Continue.
THE SECRETARY:"WHEREAS, As PGA President, Derek Sprague's tenure will coincide with the organization's 100th Anniversary, the re-introduction of golf to the Olympics, and the 2016 Ryder Cup, to be held at Hazeltine National Golf Club in Chaska, Minnesota; and
"WHEREAS, Derek Sprague has been the recipient of numerous awards and honors, including both the 2005 and 2008 Northeastern New York PGA Golf Professional of the Year; he is also a four-time Section Bill Strausbaugh Award recipient, a two-time Section Merchandiser of the Year for Public Facilities, and the winner of the 2006 Section President's Plaque for Outstanding Contributions to Player Development; and
"WHEREAS, With him throughout have been his wife, Jennifer, and their two children, Alexandra and Davis, all of whom feel privileged to be a part of his life and rejoice in his achievements; and
"WHEREAS, It is the sense of this Legislative Body that when individuals of such noble aims and accomplishments are brought to our attention, they should be celebrated and recognized by all the citizens of the great State of New York; and
"WHEREAS, It is the sense of this Legislative Body that those who enhance the quality of life in their community and have shown a long and sustained commitment to the maintenance of high standards in their profession, certainly have earned the recognition and applause of all the citizens of this great Empire State; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to congratulate Derek Sprague upon the occasion of his election as President of the Professional Golf Association of America; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to Derek Sprague."
ACTING PRESIDENT CROCI:Senator Little.
SENATOR LITTLE:Thank you, Mr. President.
It's my pleasure today to have as a guest in the chamber Derek Sprague, who is the president of the PGA of America, we believe the first New Yorker to be president of that association certainly in more time than we could find.
So as chairman of the Senate Cultural Affairs, Tourism, Parks and Recreation Committee, I was honored to have Derek speak at our Tourism Committee meeting today about the importance of golf, not only as a recreational activity but as an economic boon to New York State.
I'm also honored --
ACTING PRESIDENT CROCI:Senator Little, one moment, please.
May we please have some order in the house. Thank you.
Senator Little.
SENATOR LITTLE:Thank you.
I'm also honored to count Derek as a constituent. He's a lifelong resident of Malone, New York, in Franklin County.
And as he discussed at our meeting, golf is a tremendous economic driver, generating $5.3 billion in revenue in New York State each year. The industry in New York employs more than 57,000 people and pays $1.6 billion in wages on an annual basis. New York boasts more than 1.5 million golfers who play at close to 1200 golf courses in the state.
And New York has a unique history with the PGA, dating back to 1916. It was in 1916, at the Hotel Martinique in New York City, where the PGA was born. Since then, New York State has hosted 12 PGA Championship Golf Tournaments, more than any other state in the country can boast about.
The most recent, at Oak Hill Country Club in Rochester in 2013, had a $100 million economic impact. That championship employed 1800 people and also partnered with the Taste of New York program to successfully showcase and promote our wonderful agricultural products.
We can look forward to similar success in 2019, when the PGA Championship Tournament will be held on Long Island, and in 2024, when Bethpage and Long Island will host the Ryder Cup.
As the PGA looks forward to celebrating its centennial next year, I don't think that we could have a better person at the helm than Derek Sprague. He's a wonderful ambassador for golf, and believe me, he's a wonderful ambassador for New York State as he travels around the country and visits other places even in the world.
Derek will be president of the PGA until November of next year, and at that time they will host their centennial celebration at his outgoing dinner, and that too will be held in New York State. Which is pretty significant, a native New Yorker serving in this capacity at the celebration of the 100th anniversary of PGA of America, which began in New York and will be celebrated again in New York in November.
I really wish him continued success, congratulate him on his achievements, and thank him for all of his efforts that he puts forth for not only the game of golf but many, many other programs that he has instituted under his leadership in this program, but also for what he does for the economy of New York State and what he does to promote New York State.
So thank you very much for joining me in this resolution, and I would ask you to welcome Derek Sprague.
(Applause.)
ACTING PRESIDENT CROCI:Senator Nozzolio.
SENATOR NOZZOLIO:Thank you, Mr. President. My colleagues, on the resolution.
Thank you, Senator Little, for recognizing the strength of one of your constituents who has become, first and foremost, a very important component of the economy of your district as a small business man, but who has joined and now is the leader of an organization of small business that has a huge national impact.
President Sprague, congratulations, Derek, on this great tenure as president, national president of the national Professional Golf Association.
This organization in everyday existence, as Senator Little has indicated, has a dramatic impact on local economies. But it also, when it runs a championship, its annual PGA of America championship, as well as its senior PGA championships, they have tremendous economic impact to a region.
Just as an example, in 2013 the PGA conducted their championship at the Oak Hill Country Club in Pittsford, New York. That championship created over a $70 million impact to the greater Finger Lakes region in just a week of tournament play. That impact has expanded through a number of championships.
And as Senator Little indicated, and it cannot, I think, bear overstatement, that the fact is we have a New York State Park course -- let me emphasize, a New York State Park golf course that is situs of the PGA championship -- that will be the first time -- and the establishment of the Ryder Cup, which is a tremendous international competition.
And Derek Sprague, although he doesn't want to take credit or take blame for having these functions in New York, because he has to answer to a national constituency -- but the fact of the matter is he's been a great advocate for New York State, a wonderful advocate for New York State golf, and that his presidency has been already marked with great milestones. Senator Little indicated those.
We look forward to the centennial celebration in New York City, New York State next year. And that would be a great place to announce another PGA championship, and I just happen to have an area that you might be interested in.
(Laughter.)
SENATOR NOZZOLIO:Let's all again thank this fine citizen of New York for taking on a national responsibility and doing it with grace, diplomacy and acute leadership. Derek Sprague is indeed a great New Yorker, and we're very proud to have him here.
And thank you, Senator Little, for your work in achieving this very important recognition.
Thank you.
ACTING PRESIDENT CROCI:We invite the Senators to join us in congratulating Mr. Derek Sprague on the occasion of his election as president of the Professional Golf Association and his choice of undergraduate institutions.
Mr. Sprague.
(Standing ovation.)
ACTING PRESIDENT CROCI:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Senator Little would like to open up the resolution for cosponsorship. And you'll all be on unless you indicate to the desk otherwise.
ACTING PRESIDENT CROCI:The question is on the resolution. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT CROCI:Opposed, nay.
(No response.)
ACTING PRESIDENT CROCI:The resolution is adopted and opened up for cosponsorship.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Just an announcement for when session is over. There will be an immediate meeting of the Health Committee in Room 124. But we're not there yet. Just an announcement.
Next, can you please take up previously adopted Resolution Number 136. Would you read the title only and recognize Senator Serino.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 136, by Senator Hannon, memorializing Governor Andrew M. Cuomo to proclaim May 2015 as Lyme Disease Awareness Month in the State of New York.
ACTING PRESIDENT CROCI:Senator Serino.
SENATOR SERINO:Thank you.
ACTING PRESIDENT CROCI:Senator, we'll suspend.
Ladies and gentlemen, if we could take any conversations off the floor, have some order in the house.
Senator Serino.
SENATOR SERINO:Yes, thank you.
I'd like to thank Senator Hannon for his leadership on this very important issue.
As many of you know, I hail from Hyde Park, in the Hudson Valley. And our area in particular has been especially affected by Lyme. As the mother of a son who has suffered the debilitating symptoms, I have a personal connection to this issue, and I have experienced the barriers to diagnosis and treatment firsthand.
Back home, I've heard story after devastating story of people whose lives have been forever changed by Lyme disease. The frustration and the anxiety that comes with this struggle is real.
You know, usually when we pass these types of resolutions we do them at the beginning of the month, but I felt that it was very important for us to recognize May as Lyme Disease Awareness Month at the end of the month, to drive the point home that we need to be thinking about Lyme far beyond this one month.
It's time to stop the scourge of Lyme in the Hudson Valley and across our state. And because New Yorkers are at risk throughout the year, awareness and prevention are key.
Thanks to Senator Hannon's leadership, this house has really started to make Lyme a priority. You've passed groundbreaking legislation. This year we secured an unprecedented $600,000 in the budget, and we've convened meetings of local officials and experts from across the state to raise awareness of this disease.
Today I introduce new bills that will take us even further. I hope you will join me in spreading the word about Lyme, and I thank my colleagues for making Lyme disease a priority.
Thank you.
ACTING PRESIDENT CROCI:Senator Marchione.
SENATOR MARCHIONE:Thank you, Mr. President.
I rise in support of this resolution and thank Senator Serino for bringing it forward.
You know, I've sat on the Lyme Disease Task Force now -- this is my second year. And I've learned more about Lyme disease than I really ever wanted to know. But I have to tell you that we need to take it very seriously.
And passing a resolution to create more awareness, and more awareness within our districts -- I have a district that is very heavily, unfortunately very heavily composed with Lyme disease. And I have heard the stories, as Senator Serino has, of the debilitating disease and the outcome of Lyme disease.
So I thank you for bringing this forward. I thank this Senate for taking a leadership role in making sure there are monies put aside and that this task force is continued, because this is a disease that we need to get a handle on. It continually gets worse, it continually shifts from one of our districts to another in New York State, and it is something that we need to get under control for the safety of our residents.
Thank you, Mr. President. And thank you, Senator.
ACTING PRESIDENT CROCI:Thank you, Senator.
The resolution has previously been adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, this resolution also is open for cosponsorship. If you don't want to be a cosponsor, please notify the desk.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: Okay, the last resolution that we have is a resolution that was previously adopted, Number 2445, by Senator Carlucci. Would you read it in its entirety and recognize Senator Carlucci.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2445, by Senator Carlucci, memorializing Governor Andrew M. Cuomo to proclaim August 2015 as Indian-American Heritage Month in the State of New York.
"WHEREAS, It is the sense of this Legislative Body, in keeping with its time-honored traditions, to recognize and pay tribute to those who foster ethnic pride and enhance the profile of cultural diversity which strengthens the fabric of the communities of New York State; and
"WHEREAS, The citizens of this great Empire State are proud to recognize and commemorate Indian-American Heritage Month, an observance which celebrates the contributions of Indian-Americans to New York State's unique heritage; and
"WHEREAS, This Legislative Body is justly proud to memorialize Governor Andrew M. Cuomo to proclaim August 2015, as Indian-American Heritage Month in the State of New York; and
"WHEREAS, The Immigration and Nationality Act, enacted on June 30, 1968, abolished the national origins quota system which was American immigration policy since the 1920s, replacing it with a preference system which focused on immigrants' skills and family relationships with citizens or United States residents; and
"WHEREAS, This 1965 Act marked a radical break from the immigration policies of the past and significantly increased Indian immigration to the United States from fewer than 15,000 prior to the act, to more than 200,000 by 1980; and
"WHEREAS, Today, immigration from India is currently at its highest level in history; there are approximately 3 million Indian-Americans residing in the United States, with a growth rate of nearly 70 percent; and
"WHEREAS, Indian-Americans greatly contribute to the leadership, wisdom and vitality of our great state and nation, and have attained one of the highest educational levels of all ethnic groups in the United States; an astounding 71 percent have a bachelor's degree compared to the 28 percent national average; and
"WHEREAS, Our nation is blessed with many citizens of Indian descent who are distinguished by their excellence and their contributions to all fields of endeavor; some of these esteemed residents include: 2014 Miss America and 2013 Miss New York, Nina Davuluri; comedian Aziz Ansari; musician Norah Jones; governor of Louisiana Bobby Jindal; Microsoft CEO Satya Nadella; the first female governor of South Carolina, Nikki Haley; the first Indian-American elected to Congress, Dalip Singh Saund; and the first Indian-American woman elected to be a county legislator in the State of New York, Rockland County Legislator Aney Paul; and
"WHEREAS, Furthermore, there are nearly 35,000 Indian-American doctors practicing in the United States, including Dr. Sanjay Gupta, renowned neurosurgeon and Assistant Professor of Neurosurgery at Emory University School of Medicine and Associate Chief of Neurosurgery at Grady Memorial Hospital; and
"WHEREAS, It is the practice of this Legislative Body to recognize those important months which remind us of the rich and diverse heritage of our great state and nation; and
"WHEREAS, It is duly fitting that all New Yorkers join in these important celebrations of one of our state's most vibrant communities; this much anticipated observance and its accompanying activities will foster greater appreciation for Indian culture and serve to promote the spirit of cooperation that is characteristic of all citizens of New York State; now, therefore, be it
"RESOLVED, That this Legislative Body pause in its deliberations to memorialize Governor Andrew M. Cuomo to proclaim August 2015 as Indian-American Heritage Month in the State of New York; and be it further
"RESOLVED, That a copy of this resolution, suitably engrossed, be transmitted to the Honorable Andrew M. Cuomo, Governor of the State of New York."
ACTING PRESIDENT CROCI:Senator Carlucci.
SENATOR CARLUCCI:Thank you, Mr. President.
And I want to thank the Senators here today for allowing us to take this resolution up.
This year marks 68 years since the independence of India. And being that India is the world's largest democracy, it's something that we take note of, respect, and acknowledge.
And in New York State we're so fortunate because we have such a strong and growing Indian-American population. And particularly in my home in Rockland County, we have a very strong Indian-American population.
And we're so fortunate because today we're gathered here in the presence of the Hudson Valley Malayalee Association, as well as the Indian Cultural Society of Rockland County, of which members are in the gallery today.
And we're so fortunate because in Rockland County we have a parade every August to mark India's independence. And it's so fitting that we proclaim August as Indian-American Heritage Month in the State of New York.
And the resolution talked about some prominent Indian-Americans. What's really something to think about and really take note of is the cultural bond of Indian-Americans. And one of the statistics that really stands out is when you look at Americans that receive a degree in higher education, a bachelor's degree, the national average is at about 28 percent. When you see Indian-Americans, the national average is over 70 percent.
So we're talking about people that really recognize the importance of education, the professionalism, and what that does to really improve the quality of life of all New Yorkers.
We also have with us in the gallery today a record-setter, someone that set a new boundary. And Aney Paul is the first female Indian-American county legislator in the State of New York.
So we're so fortunate to have you with us here today, and thank you for really breaking that ceiling and being an inspiration to so many Indian-American women and Indian-Americans and all of us in New York State.
So again, I want to thank everybody for supporting this resolution. And please think about coming and celebrating with us in Rockland County in August as we celebrate India's independence and celebrate the 68th anniversary of India's independence.
Thank you so much, Mr. President.
ACTING PRESIDENT CROCI:Senator Stewart-Cousins.
SENATOR STEWART-COUSINS:Yes, thank you, Mr. President.
I wanted to thank Senator Carlucci for presenting the resolution, and also lend my voice and welcome the distinguished guests and certainly my good friend County Legislator Aney Paul. She was the first person with the group that I saw coming in today. And we are just so proud to be able to host you and to pass this resolution.
And you don't only have to go to Rockland, with all due respect, because Westchester has also a vibrant and very strong and exciting Indian-American community. And we celebrate, up in Westchester County's Kensico Dam, Indian-American heritage in August, and there are numerous flag raisings. It is always a culturally rich experience and one that everyone enjoys.
So again, thank you for being here. Congratulations. And I look forward to August with you.
Thank you.
ACTING PRESIDENT CROCI:Senator Stavisky.
SENATOR STAVISKY:Thank you, Mr. President.
I too want to welcome my friends from Rockland County, particularly Legislator Aney Paul, whom I've known for a number of years. We welcome you to Albany.
We have a lot of South Asians in Queens, but I love to come to Rockland and I see so many people from all parts of the world. And again, welcome to Albany.
Thank you.
ACTING PRESIDENT CROCI:The resolution, having previously been adopted, is open for cosponsorship. If you do not wish to be a cosponsor, please notify the desk.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Is it my turn?
(Laughter.)
ACTING PRESIDENT CROCI:Senator DeFrancisco.
SENATOR DeFRANCISCO: I think we should thank this wonderful group for being here and thank Senator Carlucci for having them come, because it's a great thing in our state. We have so many ethnic groups that do so well and make our state as strong as it is. So thank you for being here.
ACTING PRESIDENT CROCI:The Senate will rise.
(Standing ovation.)
ACTING PRESIDENT CROCI:Senator DeFrancisco.
SENATOR DeFRANCISCO: May we now have the noncontroversial reading of the calendar, please.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 164, substituted earlier by Member of the Assembly Gunther, Assembly Print 6062, an act to amend the Public Health Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 499, by Senator Klein, Senate Print 4558A, an act to amend the Public Housing Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 531, by Senator Martins, Senate Print 4836, an act to amend the Highway Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 533, by Senator Ranzenhofer, Senate Print 1292, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:In relation to Calendar 533, those recorded in the negative are Senators Espaillat, Hoylman, Perkins and Serrano.
Ayes, 52. Nays, 4.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 535, by Senator Hannon, Senate Print 4717A, an act to amend the Education Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 536, by Senator LaValle, Senate Print 2109, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I'm voting no on this bill because we passed a law in 1997 for environmental purposes to limit the size of the commercial fishing vessels. We have once before done an extension allowing them to buy new boats if they had the old boats at the same large size. And this bill appears to allow you to buy even a third boat in a row of even larger size.
If this house and the other house think the '97 law for environmental protection purposes wasn't necessary, we should just end that law. We shouldn't keep writing exceptions to the law; it ensures that the goal of the underlying law is never met.
I vote no. Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger will be recorded in the negative.
Announce the result.
THE SECRETARY:In relation to Calendar 536, those recorded in the negative are Senators Espaillat, Hoylman, Krueger, Sanders and Serrano.
Ayes, 51. Nays, 5.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 539, by Senator O'Mara, Senate Print 4176, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:In relation to Calendar 539, those recorded in the negative are Senators Espaillat, Hoylman and Serrano.
Ayes, 53. Nays, 3.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 541, by Senator Nozzolio, Senate Print 4728A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:In relation to Calendar 541, those recorded in the negative are Senators Espaillat, Hoylman, Perkins and Serrano.
Ayes, 52. Nays, 4.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 542, by Senator Nozzolio, Senate Print 4729, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:In relation to Calendar 542, those recorded in the negative are Senators Espaillat, Hoylman, Perkins and Serrano.
Ayes, 52. Nays, 4.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 543, by Senator Venditto, Senate Print 4884, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 544, by Senator Venditto, Senate Print 4885, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 545, by Senator Venditto, Senate Print 4886, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 551, by Senator Ritchie, Senate Print 1822, an act to amend the Tax Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 728, by Senator Marcellino, Senate Print 460, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 730, by Senator Bonacic, Senate Print 1634, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 732, by Senator Ritchie, Senate Print 2399, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 735, by Senator Martins, Senate Print 4101, an act to amend the Highway Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator Squadron to explain his vote.
SENATOR SQUADRON:To quote Senator Latimer, I want to congratulate the sponsor and of course the namee, Billy Joel. I love you both just the way you are.
ACTING PRESIDENT CROCI:Senator Martins to explain his vote.
SENATOR MARTINS:Thank you, Mr. President. And thank you, my colleagues, for voting on this bill.
I just hope that we pass this bill now. This is the second year.
Billy Joel, we all know, is a national icon, a treasure for Long Island, grew up in the Hicksville area. This is an opportunity to recognize somebody who's gone off and really made a difference in this world. Through his music, he has influenced generations of not only New Yorkers but people throughout the world.
And I lament the fact that we haven't had the opportunity to get this bill out of the committee in the Assembly. Now, you may ask why. It's a harmless bill that recognizes somebody who's made a difference and has excelled. He's a New Yorker who's gone above and beyond. You know, Billy Joel is someone -- everyone anywhere in the world recognizes the name, recognizes the music. So why would the Assembly not even allow this bill out of committee?
And the answer is, believe me, that he's still alive. That we should not rename roads after people or recognize people while they are still alive. And that's a shame.
So I thank you for taking the opportunity to join with me to recognize someone who grew up in the streets of Hicksville by naming a street after him to recognize his achievement while he's still alive and able to understand the achievement and to accept our thank you.
And I hope you join with me in calling on the Assembly to do the same thing -- get this bill out of committee and recognize somebody who's truly made a difference, a New Yorker and a Long Islander who has made a difference and certainly deserves this honor.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Martins to be recorded in the affirmative.
Announce the result.
THE SECRETARY:Ayes, 54. Nays, 2. Senators Perkins and Stavisky recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 738, by Senator Griffo, Senate Print 4958, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 955, by Senator Squadron, Senate Print 148, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 11. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 957, by Senator Gallivan, Senate Print 395, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 960, by Senator Gallivan, Senate Print 532, an act to amend the Civil Service Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 961, by Senator Valesky, Senate Print 640, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 963, by Senator Hannon, Senate Print 823, an act to amend the Family Court Act.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of January.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 965, by Senator Golden, Senate Print 1074, an act to amend the Real Property Tax Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 966, by Senator Little, Senate Print 1342, an act to amend the Real Property Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 968, substituted earlier by Member of the Assembly Cymbrowitz, Assembly Print Number 453, an act directing.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 969, by Senator Kennedy, Senate Print 1499, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 54. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 970, by Senator Little, Senate Print 1683A, an act to amend Tax Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of July.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:In relation to Calendar 970, those recorded in the negative are Senators Hoylman, Krueger, Montgomery, Perkins, Sanders, Squadron and Stewart-Cousins.
Ayes, 49. Nays, 7.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 971, by Senator Marchione, Senate Print 1849, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 54. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 972, by Senator Carlucci, Senate Print 2013, an act to amend the Tax Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 973, by Senator Marcellino, Senate Print 2173, an act to amend the Civil Rights Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 974, by Senator Larkin, Senate Print 2204, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 975, by Senator Larkin, Senate Print 2212A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:In relation to Calendar 975, those recorded in the negative are Senators Espaillat, Hoylman, Krueger, Perkins and Squadron.
Ayes, 51. Nays, 5.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 976, by Senator Lanza, Senate Print 2337, an act to amend the Public Authorities Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I'm voting against this bill for multiple reasons.
I think probably anyone who has MTA in their county would love to dictate to the MTA where exactly they should run their buses and trains, how frequently, and any other number of issues. And yet we don't legislate the schedule and locations of MTA buses and subways, and I don't know why we would for one specific bus line in the county of Staten Island.
But I also want to point out that this is an express bus. And much to my frustration, the same sponsor has been preventing the appropriate lighting for express buses to be used by the MTA for multiple years. So I'm glad he has an understanding of the value of express buses and wants to mandate a specific express bus, but I wish he'd let the MTA move forward with the appropriate lighting on their buses so that the rest of the City of New York could have appropriately identified bus rapid transit.
I'll be voting no. Thank you.
ACTING PRESIDENT CROCI:Senator Krueger to be recorded in the negative.
Announce the result.
THE SECRETARY:In relation to Calendar 976, those recorded in the negative are Senators Krueger, Perkins and Sanders.
Ayes, 53. Nays, 3.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 978, by Senator Seward, Senate Print 2610, an act to amend the Real Property Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 979, by Senator Savino, Senate Print 2641, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator Savino to explain her vote.
SENATOR SAVINO:Thank you, Mr. President.
In March of 2009 a young woman named Caroline Wimmer, 26 years old, was brutally murdered in her West Brighton, Staten Island, apartment. When emergency personnel arrived on the scene, one of them, a man named Mark Musarella, shockingly took a photo of her dead body, which had been laying there for several days, as a souvenir and posted that picture on Facebook.
Mr. Musarella unfortunately could only be charged with the simple misdemeanor of official misconduct. He later was allowed to plead down to a reduced charge of disorderly conduct, only a violation, and served 200 hours of community service and no jail time.
His actions were so outrageous that the then-Staten Island district attorney reached out to the elected officials from Staten Island and asked us to look at changing the law.
Caroline's parents, Ronald and Marti Wimmer, have made this a national issue, bringing attention to the numbers of public officials who abuse the public's trust and abuse their position for their own personal gain. As a result of that, we have passed Caroline's Law in this house four years in a row.
And what this would do, it would establish a new section of the Penal Code to make it a Class A misdemeanor, punishable by up to a year imprisonment and a fine of a thousand dollars for a public servant or anyone acting as a public servant to intentionally broadcast or publish an image of a crime victim outside of their official duties. Exceptions, of course, are made for training purposes and if you are a police photographer.
As I said, we have passed this law four times now. The Assembly has yet to take this up. We need to call upon them to do the right thing, not just for Caroline Wimmer and her family but for every other victim whose image has been exploited by people who use it for their own personal gain and amusement.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Savino to be recorded in the affirmative.
Announce the result.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 981, by Senator Ranzenhofer, Senate Print 2882, an act to amend the Canal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 53. Nays, 3. Senators Krueger, Perkins and Sanders recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 982, by Senator Ortt, Senate Print 2961, an act to amend the Tax Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:In relation to Calendar 982, those recorded in the negative are Senators Addabbo, Avella, Hoylman, Krueger, Montgomery, Peralta, Perkins, Sanders, Serrano, Squadron and Stavisky.
Ayes, 45. Nays, 11.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 983, by Senator Ortt, Senate Print 2964A, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 25. This act shall take effect on the 60th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 54. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 984, by Senator Ortt, Senate Print 2975, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 54. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 985, by Senator Hoylman, Senate Print 3034, an act to amend the Public Authorities Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 55. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 986, by Senator Young, Senate Print 3212, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 987, by Senator Golden, Senate Print 3228, an act to amend the Public Authorities Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 55. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 988, by Senator Lanza, Senate Print 3335, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 989, by Senator Golden, Senate Print 3384, an act to amend the Social Services Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:In relation to Calendar Number 989, those recorded in the negative are Senators Comrie, Gianaris, Hoylman, Krueger, Montgomery, Peralta, Perkins, Sanders, Serrano and Squadron. Also Senator Stavisky.
Ayes, 45. Nays, 11.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 990, by Senator Lanza, Senate Print 3484, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 991, by Senator Savino, Senate Print 3596, an act to amend the Social Services Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Result?
THE SECRETARY:Ayes, 55. Nays, 1. Senator Murphy recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 992, substituted earlier by Member of the Assembly Kaminsky, Assembly Print Number 4759, an act to amend the Labor Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Results?
THE SECRETARY:Ayes, 55. Nays, 1. Senator Marchione recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 993, by Senator Savino, Senate Print 3676, an act to amend the Tax Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 60th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Results?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 994, by Senator Ranzenhofer, Senate Print 3701, an act to amend the Tax Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you very much.
I need to vote no on this bill, even though I conceptually can support a tax incentive to encourage people to hire the unemployed.
My dilemma is the way the bill is designed, so that you're already working for a company for two years before they're getting the tax incentive -- and one wonders whether the company would have already figured out within two years that they liked me as an employee and would keep me.
It's also set up such that in some industries there may be a concern that people who have used up their unemployment, people who are new to the labor market, or people who were underemployed as opposed to legally on unemployment might not be able to compete for the same jobs in their community.
So I want to thank the sponsor for recognizing the importance of ensuring that we help the unemployed get back into employment as quickly as possible. I just fear that there are some unintended consequences from the way this bill is designed, and I'll be voting no.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 55. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 995, by Senator Lanza, Senate Print 3731, an act to amend the Tax Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Results?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 996, substituted earlier by Member of the Assembly Gottfried, Assembly Print 375, an act to amend the Public Health Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Results?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 1000, by Senator LaValle, Senate Print 4151, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 1001, by Senator Latimer, Senate Print 4166B, an act to amend the Penal Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Results?
THE SECRETARY:Ayes, 54. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 1002, substituted earlier by Member of the Assembly Magee, Assembly Print 5953, an act to amend Chapter 335 of the Laws of 2005.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Results?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 1003, by Senator LaValle, Senate Print 4390, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Results?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 1004, by Senator Larkin, Senate Print 5079, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Results?
THE SECRETARY:In relation to Calendar 1004, those recorded in the negative are Senators Hoylman, Krueger, Montgomery and Perkins.
Ayes, 52. Nays, 4.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 1005, by Senator Valesky, Senate Print 5122, an act to amend the Elder Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Results?
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of the calendar.
SENATOR DeFRANCISCO: You did not read 1006; correct?
ACTING PRESIDENT CROCI:Correct.
SENATOR DeFRANCISCO: All right. We're still on the noncontroversial calendar, but I'd like to just interrupt for a moment and go back to motions and resolutions.
ACTING PRESIDENT CROCI:Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: On behalf of Senator Gallivan, on page 60 I'd like to offer the following amendments to Calendar Number 424, Senate Print Number 4780, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
SENATOR DeFRANCISCO: And would you please recognize Senator Gianaris.
ACTING PRESIDENT CROCI:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Hoylman, on page 60 I offer the following amendments to Calendar 882, Senate Print Number 4834, and ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT CROCI:So ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I'm going to make a couple more announcements. We're just looking for somebody at the moment.
First of all, immediately following session, which will be shortly, there's going to be a Health Committee meeting in Room 124 of the Capitol. And then also immediately following the Health Committee will be a meeting of the Environmental Conservation Committee in Room 123 of the Capitol.
And we will be done shortly either way.
(Pause.)
SENATOR DeFRANCISCO: If we could continue the noncontroversial reading.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 1006, by Senator Golden, Senate Print 5596, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT CROCI:Read the last section.
THE SECRETARY:Section 13. This act shall take effect on the 60th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator Golden to explain his vote.
SENATOR GOLDEN:Mr. President, I rise to thank my colleagues for voting for this bill here this afternoon.
This is an important piece of legislation that was left out in 2010, and we believe it was left out erroneously. And by leaving out this legislation, the three-quarters disability for police and fire, it has caused a severe problem for the City of New York. And other localities will be allowed to opt in to make sure that they get the three-quarters that they're entitled to.
But this really does affect the city, and it also affects two other unions, which hopefully we'll see them next week, the sanitation and corrections. They are also affected by this bill, meaning that those people that are injured would not get a disability. Or worse than that, they would get $27 a day to live on. And if they're crippled, if they are unable to work, they have to take that $27 a day. And to be able to afford their rent, education for their children, to be able to live in the City of New York is just impossible.
So this is a good bill for our city, but it's something that should have been done years ago. And I want to thank all the colleagues for doing the right thing here today. And hopefully we do the same thing next week when we have corrections and sanitation to vote on as well.
And this is not an extra gimme, this is what the rest of the state gets already. So all we're doing is correcting an injustice here. And that's why I'm thanking my colleagues, and I vote aye.
ACTING PRESIDENT CROCI:Senator Golden to be recorded in the affirmative.
Senator Savino.
SENATOR SAVINO:Thank you, Mr. President. I will be brief.
I want to thank Senator Golden for introducing this piece of legislation.
During the 2009-2010 legislative session, I was the chair of the Civil Service and Pensions Committee. And one of the responsibilities of the chair of the committee is to routinely pass extenders on legislation that comes before that committee every two to four years. And one of them was the extension of the Tier 2 retirement plan, which affects police and fire statewide, establishing the 20-year retirement with a three-quarter disability if they are in fact injured on the job.
This house had passed that bill over and over and over without anybody ever questioning it. And the then-Governor of the State of New York, David Paterson, when he was a member of this body, voted in favor of that over and over and over without questioning or commitment to our police and fire.
But somehow or other, in 2010, when the bill landed on his desk for the first time as governor, he vetoed the bill. He didn't give notification to myself or Assemblyman Abbate or any of the affected organizations around the state, to the department heads of any of our police departments or even to the mayor of the City of New York, who probably was happy that he did it.
We'll never know what motivated him to do it. But what happened at that point is he set in motion a two-tier system for our police and fire. State police and fire were able to negotiate back the benefit that they had. New York City never was able to do so because the mayor refused to negotiate with the PBA or the fire officers or the firefighters.
And so what we have today is this inequitable system where our New York City police and fire are treated differently than the rest of the state, they have to work longer, they have to contribute more, and they don't get as good a benefit if they're injured on the job.
You will be told by the City of New York that we can't afford to do this, the costs are astronomical. We can't afford not to do it.
So I want to thank Senator Golden for closing that loop that was opened when David Paterson made a terrible decision by vetoing Tier 2. We correct that today, we get the Assembly to do it, and we make sure we restore protection for New York City police and fire and we protect those who protect us.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Savino to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT CROCI:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of the calendar.
SENATOR DeFRANCISCO: Yes, is there any further business at the desk?
ACTING PRESIDENT CROCI:There is no further business at the desk.
SENATOR DeFRANCISCO: That being the case, other than the immediate meeting of the Health Committee in Room 124 and the immediate meeting of the Environmental Conservation Committee in Room 123, we are adjourned until Monday, June 1st, at -- oh, wait a minute.
We have a hand-up of a committee assignment. Would you please accept the hand-up. You have it?
ACTING PRESIDENT CROCI:The assignments are accepted and will be filed in the Journal.
SENATOR DeFRANCISCO: Now we shall adjourn until Monday, June 1st, at 3:00 p.m., intervening days being legislative days.
ACTING PRESIDENT CROCI:On motion, the Senate stands adjourned until Monday, June 1st, at 3:00 p.m., intervening days being legislative days.
(Whereupon, at 12:52 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.