Gaveled in 3:28 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 1, 2015
3:28 p.m.
REGULAR SESSION
SENATOR PHIL M. BOYLE, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT BOYLE:The Senate will come to order.
I ask everyone present to please rise and repeat the Pledge of Allegiance with me.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT BOYLE: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 BOYLE:The reading of the Journal.
THE SECRETARY:In Senate, Sunday, May 31st, the Senate met pursuant to adjournment. The Journal of Saturday, May 30th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT BOYLE:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 28, Senator Golden moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 5333 and substitute it for the identical Senate Bill Number 4559, Third Reading Calendar 341.
On page 33, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Bill Number 6264 and substitute it for the identical Senate Bill Number 4845, Third Reading Calendar 453.
On page 35, Senator Ortt moves to discharge, from the Committee on Mental Health and Developmental Disabilities, Assembly Bill Number 490 and substitute it for the identical Senate Bill Number 4179, Third Reading Calendar 495.
On page 36, Senator Golden moves to discharge, from the Committee on Civil Service and Pensions, Assembly Bill Number 4644 and substitute it for the identical Senate Bill Number 3523, Third Reading Calendar 510.
On page 38, Senator Funke moves to discharge, from the Committee on Higher Education, Assembly Bill Number 6440 and substitute it for the identical Senate Bill Number 4912, Third Reading Calendar 546.
On page 43, Senator Little moves to discharge, from the Committee on Local Government, Assembly Bill Number 4586 and substitute it for the identical Senate Bill Number 2907, Third Reading Calendar 607.
ACTING PRESIDENT BOYLE: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: Mr. President, on behalf of Senator Golden, I offer the following amendments to Calendar Number 339, Senate Print Number 4141A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR DeFRANCISCO: Also, on behalf of Senator Seward, on page 27 I offer the following amendments to Calendar Number 322, Senate Print 1761A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR DeFRANCISCO: On behalf of myself, on page 53 I offer the following amendments to Calendar Number 744, Senate Print Number 3956, and ask that that bill will retain its place on the Third Reading Calendar.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR DeFRANCISCO: On behalf of Senator Young, on page 64 I offer the following amendments to Calendar Number 867, Senate Print 3014, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR DeFRANCISCO: I'm on a roll here.
(Laughter.)
SENATOR DeFRANCISCO: On behalf of Senator Ortt, on page number 48 I offer the following amendments to Calendar Number 664, Senate Print 3650, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR DeFRANCISCO: I wish to call up Senator Little's bill, Print Number 1233, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT BOYLE:The Secretary will read.
THE SECRETARY:Calendar Number 559, by Senator Little, Senate Print 1233, an act to amend the Insurance Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT BOYLE:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 50.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT BOYLE:The amendments are received, and the bill retains its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: I now wish to call up Senator Murphy's bill, Print Number 3820, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT BOYLE:The Secretary will read.
THE SECRETARY:Calendar Number 298, by Senator Murphy, Senate Print 3820, an act to amend the Highway Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT BOYLE:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 50.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT BOYLE:The amendments are received, and the bill retains its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: Mr. President, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. That's Senator O'Mara's bill, Senate Print Number 5697.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR DeFRANCISCO: Similarly, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. And that's Senate Bill Number 5499, by Senator Amedore.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR DeFRANCISCO: And now would you please recognize Senator Valesky.
ACTING PRESIDENT BOYLE:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On page 22 I offer the following amendments to Calendar 176, Senate Bill 697, by Senator Avella, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT BOYLE:So ordered.
Senator DeFrancisco.
SENATOR DeFRANCISCO: We have a couple of nominations to deal with, and I would call now an immediate meeting of the Finance Committee in Room 332. And once we get back and do those two nominations, we will be having an immediate meeting of the Rules Committee in the same room.
ACTING PRESIDENT BOYLE:There will be an immediate meeting of the Finance Committee in Room 332 of the Capitol, followed by a meeting of the Rules Committee.
The Senate will stand at ease.
SENATOR DeFRANCISCO: Excuse me, Mr. President.
ACTING PRESIDENT BOYLE:Mr. Floor Leader.
SENATOR DeFRANCISCO: I don't want to be that immediate. I was supposed to hand up some committee assignments, and we now have.
Thank you.
ACTING PRESIDENT BOYLE:The assignments are received and filed with the Journal Clerk.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 3:34 p.m.)
(Whereupon, the Senate reconvened at 3:56 p.m.)
ACTING PRESIDENT BOYLE:The Senate will come to order.
Floor Leader.
SENATOR DeFRANCISCO: I understand there's a report from the Finance Committee at the desk.
ACTING PRESIDENT BOYLE:The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination:
As Major General of the New York Air National Guard, Kevin W. Bradley, of Manlius.
SENATOR DeFRANCISCO: Before I recognize that nominee, I'd first like to call an immediate meeting of the Rules Committee, which is shortly to be in progress, because there's a little miscommunication.
So that being the case, I move the nomination. And this is of Brigadier General Anthony German, is that correct?
ACTING PRESIDENT BOYLE:Bradley.
SENATOR DeFRANCISCO: Oh, you've got Bradley first? So you switched the order just to confuse things.
(Laughter.)
SENATOR DeFRANCISCO: All right, General Bradley is here. He's a resident of Syracuse, New York, and fortunate enough to be represented very well in the Senate with Senators Senator Valesky and myself. And he's here with his wife, who has been supportive, obviously, over his many years of service.
It's an amazing resume. If you've got a chance to take a look at it, you really should. The amount of time that this man has served our country and our state is just remarkable. And he's a phenomenal leader, and he's been a leader for many, many years.
So with that said, I'd like to move his nomination.
ACTING PRESIDENT BOYLE:The question is on the confirmation of Kevin W. Bradley as Major General of the New York Air National Guard.
Oh, Senator Croci.
SENATOR CROCI:I'd like to thank the Senate for entertaining these and compliment the Governor on his choice.
I can say that in having had both generals in front of the committee today, the Veterans, Homeland Security and Military Affairs Committee, we are very, very fortunate indeed to have two such officers with such very distinguished backgrounds in both combat experiences, policy experiences, and managerial experiences to be appointed to the rank of Major General in the Air National Guard of New York.
So I want to encourage my fellow colleagues to vote in support of these nominations on two such wonderful choices by the Governor.
And we'll be very fortunate to have them in command at times when we need this kind of leadership and at times where the Air National Guard will be called upon to serve both at home and abroad in various capacities and increasing frequency.
So thank you very much, and I'll be voting yes.
ACTING PRESIDENT BOYLE:Thank you, Senator Croci.
Senator Farley.
SENATOR FARLEY:Yes, I rise to second these nominations -- I was pleased to vote for them in committee -- and also to thank the generals for their service to our country.
We're very grateful for all that you've served, and your resumes speak for themselves. And it's an honor for this Senate to appoint you.
ACTING PRESIDENT BOYLE:Thank you, Senator Farley.
Seeing no other Senators wishing to speak, the question is on the nomination of Kevin W. Bradley as Major General of the New York Air National Guard. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BOYLE:Opposed?
(No response.)
ACTING PRESIDENT BOYLE:Kevin W. Bradley is hereby confirmed as Major General of the New York Air National Guard.
Congratulations, General.
(Standing ovation.)
ACTING PRESIDENT BOYLE:Floor Leader.
SENATOR DeFRANCISCO: Yes, the next nominee, please.
ACTING PRESIDENT BOYLE:The Secretary shall read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination:
As Major General of the New York Air National Guard, Anthony P. German, of Oneonta.
SENATOR DeFRANCISCO: I also move the nomination of Brigadier General Anthony German to the position of Major General of the New York Air National Guard.
His resume is equally impressive, not only active duty but also his term of duty in the Air National Guard. He also moved up the ranks because of hard work, dedicated service and extreme competence, and the competence is going to benefit all of us in the State of New York for years to come.
So with great pride, I move the nomination of General German.
ACTING PRESIDENT BOYLE:Thank you, Senator.
Senator Seward.
SENATOR SEWARD:Thank you, Mr. President.
I'm truly honored to stand and support the confirmation of General Anthony German to his new leadership position.
General German has served with great honor and distinction both in and out of uniform. Tony's diverse background with the Air National Guard, including his many hours in the air, account for his extensive portfolio of experience that make him an ideal candidate for this new leadership post.
And on a personal point, I would say that I witnessed firsthand General German's leadership skills back in 2011 when a portion of my Senate district, Schoharie County in particular, was hit hard with Hurricane Irene and Tropical Storm Lee.
He helped to coordinate the New York Air National Guard's response, and his leadership skills and the great service that he provided, and those under him, helped to save both lives and property during those natural disasters.
So it's a great honor to stand on behalf of my constituents in the 51st Senatorial District, and in particular those in the Oneonta area, where General German resides. I'm delighted to stand and support his confirmation.
Congratulations.
ACTING PRESIDENT BOYLE:Thank you, Senator.
Seeing no other Senators wishing to speak, the question is on the nomination of Anthony P. German as Major General of the New York Air National Guard. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BOYLE:Opposed?
(No response.)
ACTING PRESIDENT BOYLE:Anthony P. German is hereby confirmed as Major General of the New York Air National Guard.
Congratulations, General.
(Standing ovation.)
ACTING PRESIDENT BOYLE:Mr. Floor Leader.
SENATOR DeFRANCISCO: Would you please recognize Senator Ranzenhofer.
ACTING PRESIDENT BOYLE:Senator Ranzenhofer.
SENATOR RANZENHOFER:Thank you, Mr. President.
It gives me a great deal of pleasure to rise today in this chamber and to introduce some students that are here from Clarence High School. These students really exemplify what it is to excel and to achieve very high academic standards.
We have with us today not only the students from the High School Academy of Finance, which is a program run through Syracuse University Public Affairs, but we have those students with us and they are also accompanied by teachers Richard Brooks and Heather Hartmann.
Now, one of the reasons why the Clarence School District is always rated one of the top one or two in the Western New York region is because of students and teachers like we have here with us today.
So I would just like us to welcome them to the Senate chamber and to thank them for doing all the right things which gives young students a good name in our communities.
So thanks for being here.
ACTING PRESIDENT BOYLE:Thank you, Senator.
Welcome to the chamber on behalf of Senator Ranzenhofer and Assemblywoman Corwin, I'm sure.
Floor Leader.
SENATOR DeFRANCISCO: I think we're going to stand at ease at the moment until we get the report from the Rules Committee.
ACTING PRESIDENT BOYLE:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 4:04 p.m.)
(Whereupon, the Senate reconvened at 4:27 p.m.)
ACTING PRESIDENT BOYLE:The Senate will come to order.
Mr. Floor Leader.
SENATOR DeFRANCISCO: Yes, can we go back to motions and resolutions.
ACTING PRESIDENT BOYLE:Motions and resolutions.
SENATOR DeFRANCISCO: On behalf of Senator Croci, on page 37 I offer the following amendments to Calendar Number 524, Senate Print Number 4278B, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT BOYLE:So ordered.
SENATOR DeFRANCISCO: And I understand that there's a report of the Rules Committee at the desk.
ACTING PRESIDENT BOYLE:There is report of the Rules Committee at the desk.
The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 317, by Senator LaValle, an act to amend the Town Law;
Senate 416, by Senator Marcellino, an act to amend the Education Law;
Senate 418, by Senator Marcellino, an act to amend the Labor Law;
Senate 423, by Senator Marcellino, an act to amend the Penal Law;
Senate 437, by Senator Gallivan, an act to amend the Highway Law;
Senate 481, by Senator Díaz, an act to amend the Social Services Law;
Senate 497, by Senator Hoylman, an act to amend the Penal Law;
Senate 622, by Senator Valesky, an act to amend the Canal Law;
Senate 624, by Senator Valesky, an act to amend the Civil Practice Law and Rules;
Senate 631, by Senator Carlucci, an act to amend the Mental Hygiene Law;
Senate 657, by Senator Kennedy, an act to amend the Penal Law;
Senate 894, by Senator Avella, Concurrent Resolution of the Senate and Assembly;
Senate 1095, by Senator Avella, an act to amend the Administrative Code of the City of New York;
Senate 1097, by Senator Avella, an act to amend the Administrative Code of the City of New York;
Senate 1109, by Senator Golden, an act to amend the Penal Law;
Senate 1130A, by Senator Avella, an act to amend the Alcoholic Beverage Control Law;
Senate 1192, by Senator Marchione, an act to amend the Legislative Law;
Senate 1340, by Senator Golden, an act to amend the Criminal Procedure Law;
Senate 1417, by Senator Kennedy, an act to amend the Penal Law;
Senate 1451, by Senator Golden, an act to amend the Penal Law;
Senate 1457, by Senator Golden, an act to amend the Penal Law;
Senate 1458, by Senator Golden, an act to amend the Real Property Tax Law;
Senate 1483, by Senator LaValle, an act to amend the Executive Law;
Senate 1528A, by Senator Klein, an act to amend the Public Health Law;
Senate 1552, by Senator Libous, an act to amend the Education Law;
Senate 1851, by Senator Little, an act to amend the General Obligations Law;
Senate 1901, by Senator Bonacic, an act to amend the Criminal Procedure Law;
Senate 2123, by Senator Breslin, an act to amend the Education Law;
Senate 2496, by Senator Addabbo, an act to amend the Tax Law;
Senate 2704, by Senator Carlucci, an act to amend the Vehicle and Traffic Law;
Senate 2847, by Senator Lanza, an act to amend the Public Health Law;
Senate 2916, by Senator DeFrancisco, an act to amend the Insurance Law;
Senate 2968, by Senator Funke, an act to amend the Education Law;
Senate 3084, by Senator Young, an act to amend the Social Services Law;
Senate 3126, by Senator Funke, an act to amend the Education Law;
Senate 3199, by Senator Avella, an act to amend the Penal Law;
Senate 3343, by Senator Lanza, an act to amend the Penal Law;
Senate 3352, by Senator Lanza, an act to amend the Executive Law;
Senate 3358A, by Senator Lanza, an act to amend the Penal Law;
Senate 3383, by Senator Golden, an act to amend the Executive Law;
Senate 3389, by Senator Lanza, an act to amend the Vehicle and Traffic Law;
Senate 3398, by Senator Golden, an act to amend the Education Law;
Senate 3489, by Senator Lanza, an act to amend the Penal Law;
Senate 3490, by Senator Lanza, an act to amend the Penal Law;
Senate 3655, by Senator Funke, an act to amend the Education Law;
Senate 3755, by Senator Lanza, an act to amend the Penal Law;
Senate 3835, by Senator Lanza, an act to amend the Public Authorities Law;
Senate 4154, by Senator LaValle, an act in relation to authorizing;
Senate 4421, by Senator Avella, an act to amend the Social Services Law;
Senate 4513, by Senator Lanza, an act to amend the Education Law;
Senate 4602, by Senator Hamilton, an act to amend the Education Law;
Senate 4722, by Senator Young, an act to amend the Mental Hygiene Law;
And Senate 5328A, by Senator Serino, an act to amend the Elder Law.
All bills reported direct to third reading.
ACTING PRESIDENT BOYLE:Floor Leader.
SENATOR DeFRANCISCO: I move to accept the report of the Rules Committee.
ACTING PRESIDENT BOYLE:All in favor of accepting the report of the Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BOYLE:Opposed?
(No response.)
ACTING PRESIDENT BOYLE:The report is accepted.
Floor Leader.
SENATOR DeFRANCISCO: Could you please perform the noncontroversial reading of the calendar.
ACTING PRESIDENT BOYLE:The Secretary will read.
THE SECRETARY:Calendar Number 70, by Senator Libous, Senate Print 2236, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 58. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 250, by Senator Ranzenhofer, Senate Print 1557, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 58. Nays, 1. Senator Sanders recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 341, substituted earlier by Member of the Assembly Abbate, Assembly Print Number 5333, an act to amend the Civil Service Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 369, by Senator Ortt, Senate Print 3117, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 56. Nays, 3. Senators Avella, Espaillat and Hoylman recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 384, by Senator Griffo, Senate Print 2653A, an act to amend the Highway Law.
ACTING PRESIDENT BOYLE:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 392, by Senator Carlucci, Senate Print 1421, an act to amend the Public Health Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 433, by Senator DeFrancisco, Senate Print 2915, an act to amend the Election Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 453, substituted earlier by Member of the Assembly Simotas, Assembly Print 6264, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of January.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 466, by Senator Skelos, Senate Print 2131, an act to amend the Penal Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of November.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:In relation to Calendar 466, those recorded in the negative are Senators Hoylman, Krueger, Montgomery, Panepinto, Rivera and Squadron.
Ayes, 54. Nays, 6.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 481, by Senator Young, Senate Print 3019, an act to amend the Social Services Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 495, substituted earlier by Member of the Assembly Ryan, Assembly Print 490, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 510, substituted earlier by Member of the Assembly Abbate, Assembly Print 4644, an act to amend Chapter 154 of the Laws of 1921.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect upon the enactment into law.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 546, substituted earlier by Member of the Assembly Glick, Assembly Print 6440, an act to amend the Education Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 586, by Senator Ranzenhofer, Senate Print 801, an act to amend the Domestic Relations Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 587, by Senator Serino, Senate Print 4337, an act to amend the Uniform Justice Court Act --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT BOYLE:The bill is laid aside.
THE SECRETARY:Calendar Number 597, by Senator Ranzenhofer, Senate Print 2647, an act to amend the Public Authorities Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 607, substituted earlier by Member of the Assembly McDonald, Assembly Print 4586, an act to amend the Local Finance Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 609, by Senator Marchione, Senate Print 3897A, an act to amend the County Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 612, by Senator Gallivan, Senate Print 4300, an act to amend the Local Finance Law.
ACTING PRESIDENT BOYLE: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 BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 616, by Senator LaValle, Senate Print 4485, an act to amend Chapter 399 of the Laws of 2008.
ACTING PRESIDENT BOYLE:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 649, by Senator Martins, Senate Print 215A, an act to amend the Limited Liability Company Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT BOYLE:The bill is laid aside.
THE SECRETARY:Calendar Number 650, by Senator Squadron, Senate Print 579, an act to amend the New York State Urban Development Corporation Act.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 651, by Senator Lanza, Senate Print 2544, an act to amend the Not-for-Profit Corporation Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 652, by Senator Griffo, Senate Print 3132, an act to amend the Public Authorities Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 653, by Senator Lanza, Senate Print 3391, an act to amend Chapter 47 of the Laws of 1931.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect upon the enactment into law by the State of New Jersey.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 661, by Senator Lanza, Senate Print 4621, an act to amend the Public Authorities Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 57. Nays, 3. Senators Comrie, Rivera and Sanders recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:On page 49, Senator Ortt moves to discharge, from the Committee on Mental Health and Developmental Disabilities, Assembly Bill Number 7053A and substitute it for the identical Senate Bill Number 5060A, Third Reading Calendar 668.
ACTING PRESIDENT BOYLE:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 668, by Member of the Assembly Gunther, Assembly Print 7053A, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 672, by Senator Ortt, Senate Print 3622, an act to amend the Correction Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 675, by Senator Lanza, Senate Print 4511, an act to amend the Correction Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the results.
THE SECRETARY:Ayes, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 676, by Senator Funke, Senate Print 4765, an act to amend the Correction Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:In relation to Calendar 676, those recorded in the negative are Senators Dilan, Montgomery and Rivera.
Ayes, 57. Nays, 3.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 677, by Senator Funke, Senate Print 4776, an act to amend the Correction Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 180th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 682, by Senator Martins, Senate Print 4402, an act to amend the Workers' Compensation Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:In relation to Calendar 682, those recorded in the negative are Senators Breslin, Comrie, Dilan, Espaillat, Gianaris, Hamilton, Hoylman, Kennedy, Krueger, Latimer, Montgomery, Panepinto, Peralta, Rivera, Sampson, Sanders, Serrano, Squadron and Stavisky. Also Senator Díaz. Also Senator Stewart-Cousins.
Ayes, 39. Nays, 21.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 684, by Senator Seward, Senate Print 1380B, an act to amend the Insurance Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 689, by Senator Golden, Senate Print 2153, an act to amend the Domestic Relations Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 830, by Senator Panepinto, Senate Print 3906A, an act to authorize.
ACTING PRESIDENT BOYLE:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 853, by Senator Klein, Senate Print 3178A, an act to amend the Penal Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Senator Klein to explain his vote.
SENATOR KLEIN:Thank you, Mr. President.
I rise today in support of a piece of legislation entitled "Ildefonso Romero's Law." This brave individual, who was 59 years old at the time, was killed in June of 2014 by a single punch to the head while trying to break up a fight and protecting a young girl in front of his home.
I would first like to recognize the family of Mr. Romero. We're joined here today by Jenny, Jennifer, Marcos, Noel and Rafael.
Thank you all for being here. And I think being here today sends an important message and a fond memory of the greatness of your dad.
Today I stand here with the family to pass I think a simple piece of legislation which I think will go a long way towards protecting our communities. I firmly believe, whether someone dies by the knife or by the fist, they should be prosecuted to the fullest extent. Anything less is simply unfair and unjust. And these families deserve justice, and these types of crimes warrant harder punishment.
Under current state law, local prosecutors lack the tools they need to charge many one-punch assaults as felony offenses, even if those acts have fatal consequences. The reality is these crimes are not just being overlooked, they're being underpunished. This legislation will remedy this important and I think glaring loophole in today's Penal Law and give loved ones the justice they so deserve.
This law will create a new Class E felony for aggravated assault to apply when the accused commits the current A misdemeanor offense of assault in the third degree and the result is either a serious physical injury or death of the victim.
Let's be clear. These crimes are resulting in serious injury or death, and I think we have to make sure that the penalties match the punishment.
Today I stand here not only on behalf of this brave family but also I think to send a message in urging my colleagues to honor Ildefonso and the hundreds of others who have been victim of these senseless one-punch attacks and have been left with no legal recourse.
Thank you, Mr. President.
ACTING PRESIDENT BOYLE:Senator Klein in the affirmative.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I want to stand and honor the family.
All too often in this day and age, when something terrible is happening, people look the other way and let the danger to another person get worse and worse. And you never know, it could end up in death.
For your family member to step in the way of harm for a woman under situations which could have resulted in her death, and to be there when needed, is truly a compliment to your entire family.
And it's a sad, sad horrible state of affairs, but it's going to result in something good. Because other people are more likely to, I think, get involved in something because the penalties are a lot harder and maybe give that individual who's causing the violence a pause to think a second time about what that person is doing.
So, you know, my heart is with the family. And God bless your father and your son. And we really appreciate the act of heroism that stands him out more than just about anyone else who would be faced with that same situation.
So thank you for being here.
ACTING PRESIDENT BOYLE:Senator DeFrancisco in the affirmative.
Senator Díaz.
SENATOR DIAZ:Thank you, Mr. President.
I stand to congratulate Senator Klein for bringing this piece of legislation.
Many times we criticize bystanders when they see something and they go by and they do nothing. Ildefonso Romero is a hero, is a hero.
And we have to send a message to the criminals. We have to send a message that we're here to protect and defend the community, not to defend the criminal and to make it easy for them to keep committing crimes.
Ildefonso Romero is a person that was trying to help the community to stop something and people throw punches. And you know what, you know why punches have been thrown from left to right, you know why people are killing people? Because we here, we here keep continue -- we keep bringing laws and putting laws that protect more and defend more the criminal than the innocent.
And this piece of legislation, Senator Klein, thank you. Thank you for this legislation.
I'm from the Bronx. I represent a poor community, I represent a Hispanic, a black and Hispanic community. I represent a community that people need this kind of legislation, this kind of law to send a message and to tell members of our community: Hey, stop, stop. You've got to stop it.
So to the family of Mr. Romero, he was a hero. He was a hero. He deserves for us to present something to proclaim him as a hero or something. And to your family, thank you for being here today. And I hope that my colleagues here today understand the message that we're supposed to send. Thank you.
Mr. President, I vote yes.
ACTING PRESIDENT BOYLE:Senator Díaz in the affirmative.
I'd like to thank the Romero family for joining us today and for your heroism and supporting this bill.
Announce the results.
THE SECRETARY:Ayes, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT BOYLE:The bill is passed.
THE SECRETARY:Calendar Number 868, by Senator Sanders, Senate Print 3790, an act to amend the Executive Law.
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Senator Sanders to explain his vote.
SENATOR SANDERS:Thank you, Mr. President.
We have shows on TV now that are known as the first 24 hours, first 48 hours -- it's well known that in investigating the whereabouts of a person, the first 24 hours are the most important. Yet if you are older than 23 and yet younger than -- older than 23 and younger than 63, the police did not have to take a report on you for the first 24 hours.
This led to a lot of people turning up missing and turning into crimes that perhaps could have been dealt with if we had taken a police report, crimes that have led New York State to being among the highest states in the nation of people being exploited.
By this vote today, we're going to do something about it. We're going to ensure that the police departments take a report from you saying that you have a loved one missing who just happens to be older than 23 years old and younger than 63 years old. That way we can start tracking and finding out where these people are.
I want to thank Dr. Fowler for bringing and fighting for this for many years to make sure that this day happens.
And I want to conclude by saying of course that love has no limit, and neither should the law. And by your vote today, you have said the same thing.
Thank you very much, sir.
ACTING PRESIDENT BOYLE:Senator Sanders in the affirmative.
Seeing no other Senators wishing to speak, announce the result.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT BOYLE:The bill is passed.
Floor Leader, that completes the noncontroversial reading of the calendar.
SENATOR DeFRANCISCO: Would you please read the controversial calendar.
ACTING PRESIDENT BOYLE:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 587, by Senator Serino, Senate Print 4337, an act to amend the Uniform Justice Court Act.
ACTING PRESIDENT BOYLE:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
Would the sponsor yield for a few questions?
ACTING PRESIDENT BOYLE:Will the sponsor yield?
SENATOR SERINO:Yes, I will, Mr. Chairman.
SENATOR GIANARIS:Thank you.
Would the sponsor please briefly explain the need for this legislation?
SENATOR SERINO:This bill was originated in 2012 and actually passed this house with bipartisan support in 2013 and 2014.
And the reason for the bill, Senator Gianaris, is that what you wanted to know?
SENATOR GIANARIS:Yes, that was the question.
SENATOR SERINO:It's basically due to domestic violence.
Right now the way our law is written, if you have someone that's committed a misdemeanor offense in our county, you would have to have a judge come in in the middle of the night. And if that judge wasn't available, you'd have to have a judge from a contiguous municipality.
And there have been problems in our area that we don't have that -- you might have both judges or a few judges not be able to show up. And in the case of domestic violence, we could actually let that person go.
And in the meantime, they're going to be angrier, and you're jeopardizing the victim. So that's why we're bringing this about tonight, to protect our domestic violence victims.
SENATOR GIANARIS:Thank you.
Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT BOYLE:Does the sponsor continue to yield?
SENATOR SERINO:Yes. Yes, I will.
ACTING PRESIDENT BOYLE:Yes.
SENATOR GIANARIS:Would the sponsor please tell us whether or not this bill would only apply in domestic violence cases, or would it apply in any case that would be brought before a judge?
SENATOR SERINO:It would apply to any case.
SENATOR GIANARIS:And if the sponsor would continue to yield, please.
ACTING PRESIDENT BOYLE:Do you continue to yield?
SENATOR SERINO:Yes, I will.
ACTING PRESIDENT BOYLE:Yes.
SENATOR GIANARIS:So would the sponsor then agree that although there's a specific concern about domestic violence, there are in fact many other cases that would get captured were this proposal to become law?
SENATOR SERINO:Excuse me. Can you repeat that again, Senator Gianaris?
SENATOR GIANARIS:Yes. The question is whether the sponsor would agree that although there's a specific concern about domestic violence cases, that this proposal, if it were enacted, would apply to a great number of cases that are non-domestic violence cases.
SENATOR SERINO:Right. It would.
So right now the judges that are there, they arraign them, if they are able to or if they're available anyway. So we're just asking that we open it up to the whole county so you have a judge that would be available to come in for any case that comes before them, a misdemeanor case, in the middle of the night or after hours.
SENATOR GIANARIS:And if the sponsor would continue to yield.
ACTING PRESIDENT BOYLE:Does the sponsor continue to yield?
SENATOR SERINO:Yes.
ACTING PRESIDENT BOYLE:Yes.
SENATOR GIANARIS:So would the sponsor agree that the purpose of this legislation is also to facilitate a speedier arraignment process so that a defendant would not be given, for example, a desk appearance ticket or be made to wait for a judge to appear from a contiguous municipality?
SENATOR SERINO:Yes, well, this is giving the administrative judge the authority be to able to put this plan in place, because we want -- especially with our domestic violence victims.
And that's where I had Leah Feldman, from Family Services, come and speak to me with someone that was a domestic violence victim. And I've had many people come, victims that I've met -- I'm sure you have as well. And we need to have this protection in place for them.
We had several deaths in our county due to domestic violence. And actually, if you remember, Officer Falcone was just killed a couple of years ago during a domestic violence case as well.
SENATOR GIANARIS:Would the sponsor continue to yield?
ACTING PRESIDENT BOYLE:Do you continue to yield?
SENATOR SERINO:Yes, I will.
SENATOR GIANARIS:Is the sponsor familiar with the Hurrell-Harring settlement that the state reached last year?
SENATOR SERINO:Yes.
SENATOR GIANARIS:And if the sponsor would continue to yield.
SENATOR SERINO:Yes.
SENATOR GIANARIS:Does the sponsor think it's a problem, now that we have a court order that the state is not providing adequate legal defense for indigent defendants, to facilitate an arraignment process that may deprive people of appropriate defense in those counties that are not covered by the settlement?
SENATOR SERINO:There's already an arraignment process in place. It's just -- what we're asking for is it not be just a contiguous county, that it can open it up to any judge to be made available. There is already a law that's in place that they show up in the middle of the night for an arraignment, or after hours.
SENATOR GIANARIS:Would the sponsor continue to yield, please, Mr. President?
ACTING PRESIDENT BOYLE:Do you continue to yield?
SENATOR SERINO:Yes.
SENATOR GIANARIS:Does the sponsor not agree that in counties in which the settlement does not apply -- in other words, in counties where they are not going to be granted state funding to ensure that they have defense attorneys available for the indigent -- that facilitating arraignment in some of our larger counties, maybe many miles away, potentially in a part of the county where they do not have sitting defense attorneys ready to defend these defendants, would deprive them of an adequate defense?
SENATOR SERINO:Why would you not want to protect a victim of domestic violence?
SENATOR GIANARIS:Mr. President, would the sponsor please answer my question.
SENATOR SERINO:I think that pretty much answered it. You're not --
ACTING PRESIDENT BOYLE:She answered your question, Senator.
SENATOR GIANARIS:Okay. Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT BOYLE:Will you continue to yield?
SENATOR SERINO:Yes.
SENATOR GIANARIS:Would the sponsor be open to amending this bill to have it apply only for crimes related to domestic violence?
SENATOR SERINO:No, I think it should be for all misdemeanor offenses. I think it should be for all of them, not just for domestic violence.
SENATOR GIANARIS:Would the sponsor continue to yield, Mr. President?
ACTING PRESIDENT BOYLE:Do you continue to yield?
SENATOR SERINO:Yes.
SENATOR GIANARIS:Now that the sponsor agrees that this bill is not only about domestic violence and she is unwilling to amend it to make it apply only to domestic violence, I would ask the sponsor why she feels that we should deprive indigent defendants in non-domestic violence cases of the right to adequate counsel that would be required in the five counties covered by the settlement.
SENATOR SERINO:A few years ago there was a case in Columbia County, I believe it's called Sean's Law now. There was a teenager that was driving drunk and he was not able to be arraigned, he was let go, and within three days was driving drunk again, and he died.
So I think it's really important. So it's not just domestic violence. In that case, his parents weren't aware that he was arrested. And he ended up dying.
SENATOR GIANARIS:Would the sponsor continue to yield, Mr. President?
ACTING PRESIDENT BOYLE:Do you continue to yield, Senator?
SENATOR SERINO:Yes.
SENATOR GIANARIS:I understand that there's examples that can be used on one side of the equation. We've heard a lot about domestic violence; we certainly all want to protect domestic violence victims.
What I'm wondering is whether the sponsor recognizes that there's potentially examples on the other side where indigent defendants are being denied due process -- which has now been recognized by the State of New York in the settlement -- in cases where you're making them travel wide distances where they may not have adequate counsel available at 2 o'clock in the morning in the examples as you point out.
SENATOR SERINO:Yes, I'm just interested in protecting victims of -- protecting all the victims.
SENATOR GIANARIS:Yes, we all are. If the sponsor continue to yield, Mr. President.
ACTING PRESIDENT BOYLE:Do you continue to yield?
SENATOR SERINO:Yes.
SENATOR GIANARIS:Yes, we're all concerned with victims. We're also concerned of victims of the criminal justice system. And I would ask if the sponsor is concerned about people who are sometimes victimized by a criminal justice system where they don't have adequate defense counsel available to them. Are they not victims also?
SENATOR SERINO:We're actually continuing to fund our case for legal services. I think in the budget this year there was an additional $4 million. So that's already in the works.
SENATOR GIANARIS:Would the sponsor continue to yield?
ACTING PRESIDENT BOYLE:Will you continue to yield, Senator?
SENATOR SERINO:Yes.
ACTING PRESIDENT BOYLE:Yes.
SENATOR GIANARIS:If the sponsor could please explain that answer again. I didn't quite follow what she said about the $4 million.
ACTING PRESIDENT BOYLE:Senator Serino, could you repeat that answer about the budgetary increase?
SENATOR GIANARIS:I didn't hear your last answer.
SENATOR SERINO:Oh, no, the -- oh, I'm sorry. There was $4 million in this year's budget Governor Cuomo put in, or we put in, for indigent -- for services for the legal counsel.
SENATOR GIANARIS:Would the sponsor continue to yield, Mr. President?
ACTING PRESIDENT BOYLE:Will the Senator yield?
SENATOR SERINO:Yes.
ACTING PRESIDENT BOYLE:Yes.
SENATOR GIANARIS:Does the sponsor think that $4 million is enough to cover the needs of indigent defendants across this state?
SENATOR SERINO:You know, it's a start with what we're doing.
But right now we already have this system in place. They already have judges that come and do arraignments in the middle of the night. All I'm asking for is additional protection to make sure that a judge can show up in the middle of the night and you're not letting a drunk child or person go to commit that crime again, or a person who committed domestic violence.
SENATOR GIANARIS:On the bill, Mr. President.
ACTING PRESIDENT BOYLE:Senator Gianaris on the bill.
SENATOR GIANARIS:I thank the sponsor for her answers.
I think this bill is flawed. I think there's things we can easily do, if there are specific concerns we're trying to deal with, to narrow the bill to focus on those concerns. If domestic violence is a particular concern in these examples, we can tailor the bill to cover those examples particularly.
But I think at a time when there's a court-ordered settlement that acknowledges we are not providing adequate support from this state for legal defense, to try and make it easier to speed someone through the criminal defense process in the middle of the night when adequate lawyers may not be available, when some of these counties are not covered by the settlement, is denying people their due process rights.
We can amend this bill to include an appropriation. Four million dollars is grossly inadequate, or else there wouldn't have been a settlement in the first place.
But we can amend this bill in a lot of different ways to make sure we consider those cases and not have a bill that is completely overbroad and will potentially harm people who in the middle of the night, who are in need of an inadequate defense, have to travel miles and miles away from where the incident occurred, from where the arrest occurred, to sit with a justice where there may not be an attorney available and therefore have their due process rights denied.
So I encourage a no vote on this bill, Mr. President. Thank you.
ACTING PRESIDENT BOYLE:Thank you, Senator.
Are there any other Senators wishing to be heard on this bill?
Seeing none, the debate is closed.
The Secretary will ring the bell.
(Pause.)
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, I think this is a very good bill.
And those from upstate New York recognize that the town justices that normally do these arraignments sometimes are not available, or actually they sleep sometimes in the middle of the night. And it's difficult to find a judge. Oftentimes the DAs and the cops rely on one or two judges, and the rest of them don't do any arraignments.
So by giving the option, whether it's domestic violence or an assault or a DWI, to the administrative judge to allow these arraignments to go to other judges in the county is a smart thing. Number one, it will get the defendant, who has been referred to as a victim, get the defendant the opportunity to get to a judge in a sooner time.
Secondly, if they can't get to the judge who's sleeping, they're more likely to get to a judge that's going to arraign that person and have a lawyer available before the other judge wakes up. So nobody's rights are being impaired.
And as to the lawsuit, there was a settlement in some counties that brought the lawsuit to get money for indigent legal services for arraignments. And in the budget we paid for that settlement, $8 million. I, for one, tried to get money for the rest of the counties. It's just a matter of time.
So I think those issues of monies for indigent legal defense and this bill really have very, very little to do with each other.
So I think the bill is a great bill, and I vote aye.
ACTING PRESIDENT BOYLE:Senator DeFrancisco in the affirmative.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
Senator DeFrancisco made some good points, but there's some he missed. Yes, it's very hard to find a judge in the middle of the night. It's also very hard to find a defense lawyer in the middle of the night.
And I wish his desire to have the settlement funds expanded to all the other counties would have been adopted, because then that would alleviate this problem, as there would have been a plan in all the counties throughout the state to provide adequate defense attorneys in these situations.
But that's not the case right now, and we have situations with some very large counties geographically where if a defendant is arrested in one part in the middle of the night and is taken to the other corner of the county where they can find a judge, the odds of that defendant finding a lawyer to represent him decrease substantially.
And that's why I'm voting in the negative.
ACTING PRESIDENT BOYLE:Senator Gianaris in the negative.
Senator Bonacic.
SENATOR BONACIC:I'd like to -- I'm supporting this bill. I want to thank Senator Serino for bringing it forward.
In upstate New York it happens that you can't find a judge in a particular county. And when that happens, you have justice delayed, and that defendant may be held while you go wait to find the judge in the county where that defendant was arrested.
Normally you have Legal Aid, which are always -- are available, when necessary, to come for a defendant. It's easier to get a Legal Aid attorney than it is to get a judge in a particular county. And when you can't get a judge, that's when a defendant suffers.
As to the whole argument of legal services and funding more, that's apples, this is oranges. Totally different issues.
So thank you, Senator Serrano. I support the bill.
ACTING PRESIDENT BOYLE:Senator Bonacic in the affirmative.
Announce the result.
THE SECRETARY:In relation to Calendar 587, those recorded in the negative are Senators Breslin, Comrie, Gianaris, Hoylman, Krueger, Rivera, Sanders, Serrano, Squadron and Stavisky.
Absent from voting: Senator Perkins.
Ayes, 49. Nays, 10.
ACTING PRESIDENT BOYLE:The bill is passed.
The Secretary will read.
THE SECRETARY:Calendar Number 649, by Senator Martins, Senate Print 215A, an act to amend the Limited Liability Company Law.
ACTING PRESIDENT BOYLE:Senator Stavisky.
SENATOR STAVISKY:Explanation, please.
ACTING PRESIDENT BOYLE:Senator Martins.
SENATOR MARTINS:Thank you, Mr. President.
This is a bill that's been before this house a number of times over the last few years.
Simply, it would amend the Limited Liability Company Law, the Business Corporation Law, the Partnership Law, and the Public Health Law to allow chiropractors duly licensed before the State of New York to enter into business partnerships, through any of those entities, with medical doctors.
SENATOR STAVISKY:Thank you.
Mr. President, would the Senator yield for a couple of questions?
ACTING PRESIDENT BOYLE:Senator Martins, will you continue to yield?
SENATOR MARTINS:Yes.
ACTING PRESIDENT BOYLE:Yes.
SENATOR STAVISKY:First of all, let me emphasize that I'm not picking on the chiropractors, because this is an issue that goes way beyond the professions themselves.
Some of the doctors, the medical doctors, have raised concerns about this issue and whether the standard of patient care will suffer as a result of these new business arrangements. So my first question is, how would this bill ensure that chiropractor owners would not be involved in the medical decisions that will be made under the terms of this bill?
SENATOR MARTINS:Mr. President, through you. The bill specifically states that under any form of business entity between a chiropractor and a medical doctor, that neither can interfere in the scope of practice of the other, that they'll be independent.
And, you know, frankly, if you're asking how it ensures it, it says it specifically in the bill.
SENATOR STAVISKY:Thank you.
Mr. President, will the Senator continue to yield?
SENATOR MARTINS:Yes.
SENATOR STAVISKY:So you're suggesting, the Senator is suggesting that in this legislation the medical decisions made by the medical doctor will not be interfered with by the chiropractor and the scope of practice will not be altered in any way. Is that correct?
SENATOR MARTINS:Mr. President, through you, yes.
SENATOR STAVISKY:If the Senator would continue to yield.
SENATOR MARTINS:Yes.
SENATOR STAVISKY:Are the other professions aware of the scope of practice issues involving the other professions, for example, the chiropractors and the medical doctors?
SENATOR MARTINS:Mr. President, through you, these are professionals. They're licensed professionals. They're medical, chiropractic. They're each aware of their own scope, they know what the limits are of their own practice. And so it's incumbent upon them to follow the law. Once this bill is voted upon and hopefully passed, they'll have the opportunity to do just that.
SENATOR STAVISKY:If the Senator would continue to yield.
SENATOR MARTINS:Yes.
SENATOR STAVISKY:One additional problem that can arise is if the medical doctor either is incapacitated or for some reason leaves the area, or whatever reason, what happens then if the medical doctor is unavailable for a prolonged period of time? How are the patients affected?
SENATOR MARTINS:Well, Mr. President, through you, if the medical doctor is incapacitated or not present, there will be no medical practice in that particular business.
They cannot expand the scope. Certainly I would hope that the Senator isn't suggesting that the chiropractor at this particular business would begin practicing outside of their scope, because that's prohibited by this bill.
So if the medical doctor is no longer available, the chiropractor will continue to provide chiropractic services. If the chiropractor is not available, the doctor will continue to provide the services that the doctor provides. Neither will intrude upon the other. And I think it's pretty clear the bill does speak to this issue.
SENATOR STAVISKY:Will the Senator continue to yield?
SENATOR MARTINS:Of course.
SENATOR STAVISKY:Will the patients be advised of the fact that there is a unique business relationship with the chiropractor versus their own family doctor or whatever specialty? And how is that going to be conferred to the patients?
SENATOR MARTINS:Mr. President, through you. I don't know in each individual instance how they're going to relay that information. But given the prohibitions in this bill, it's clear that since the chiropractor can't perform anything beyond their scope and the doctor can't perform anything beyond their scope, it will be pretty clear to the patient who is going to be able to provide whichever services the patient is there for.
SENATOR STAVISKY:Will the Senator continue to yield?
SENATOR MARTINS:Yes.
SENATOR STAVISKY:There are other healthcare professions that could come into contact with this change in the LLC, the limited liability corporations, such as the physical therapists or the optometrists or the podiatrists.
How do you view this legislation vis-a-vis the other professions that could also be affected by this change in the LLC relationship?
SENATOR MARTINS:Mr. President, through you. I don't see that this is going to change those relationships with other healthcare providers at all.
Those other professionals that have dealings with the doctor will continue to do so. If they have dealings with the chiropractor, they will continue to do so as well. That will not affect their scope or those relationships, nor do I expect that there's anything in this bill that would infringe upon that relationship one way or the other.
What I do expect is that this bill will provide additional services and ease for a patient who, more often than not, is looking for an opportunity to be treated in different modalities and can do so in one office.
SENATOR STAVISKY:Will the Senator continue to yield?
SENATOR MARTINS:Absolutely.
SENATOR STAVISKY:The last area I would like to discuss is the federal Stark Laws. Are you familiar with the three parts of the Stark Law?
SENATOR MARTINS:Mr. President, through you, I am not familiar with the Stark Law.
SENATOR STAVISKY:If I were to explain to you that the Stark Laws prohibit self-referrals where the medical doctor has a financial interest in the practice -- it prohibits referring patients to those practices, particularly when Medicare and Medicaid is involved. Having --
SENATOR MARTINS:Mr. President --
SENATOR STAVISKY:-- said that, how will this --
ACTING PRESIDENT BOYLE:Senator, are you on the bill or are you asking a question?
SENATOR STAVISKY:No, I'm just explaining my question.
(Laughter.)
SENATOR STAVISKY:How will the change in the LLC be affected by the self-referral denials?
SENATOR MARTINS:Mr. President, I don't know that there will be any impact by a federal statute.
I will tell you, and certainly I'll relay it to our colleagues here, that similar legislation had not only been introduced but has been passed and is law in many states across this country, including many of our adjoining states -- Connecticut, New Jersey, Pennsylvania -- that have similar if not identical legislation.
And so those federal statutes have not interfered with their ability to provide healthcare through these entities in those states, so I would expect that the federal law that you refer to similarly would not impede the ability for this entity to continue to provide care in the event that this were passed here in New York State.
SENATOR STAVISKY:I thank the Senator for his responses.
Very briefly on the bill, please.
ACTING PRESIDENT BOYLE:Senator Stavisky on the bill.
SENATOR STAVISKY:The Stark Laws were named after Congressman Pete Stark of California. And they prohibit doctors from making self-referrals to a variety of healthcare services that are reimbursed by Medicare and Medicaid.
And chiropractic services are not included in the Stark Law; they can designate health services that do fall under the Stark Law. And this may apply to other professions as well.
So I'm going to vote against this legislation because of the potential conflict with our corporate practice issues, and with the idea that perhaps what we need is a comprehensive bill involving all of the healthcare professions so that they can all be treated fairly and equitably.
Thank you, Mr. President.
ACTING PRESIDENT BOYLE:Thank you, Senator.
Are there any other members wishing to be heard?
Seeing none, the debate is closed and the Secretary will ring the bell.
(Pause.)
ACTING PRESIDENT BOYLE:Read the last section.
THE SECRETARY:Section 17. This act shall take effect on the 30th day.
ACTING PRESIDENT BOYLE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BOYLE:Senator LaValle to explain his vote.
SENATOR LaVALLE: Thank you, Mr. President. I rise to vote in favor of this legislation.
The Higher Ed Committee has, over the last number of years, looked in a very serious way at having different professions come together, as in this legislation, physicians and chiropractors, to be able to provide --
ACTING PRESIDENT BOYLE:Excuse me, Senator LaValle.
Could we have attention and order in the Senate chamber.
Senator LaValle.
SENATOR LaVALLE: Each profession has their own scope of practice, have had, will continue to have their own scope of practice.
We are looking beyond the relationship between the chiropractor and the doctor. And I would say in a number of years from now, you will see in the healthcare area a whole different configuration. They are being really the pioneers.
We have this -- an accountancy where people are saying "I would like to be a partner, but I am a research person, I'm not a CPA." And we're moving forward and beginning to look at, in the modern era, different kinds of relationships and allowing them to come together in a collegial way to better provide for the constituency.
So I think they are pioneers and they're moving on a good track, and I vote in favor of this legislation.
ACTING PRESIDENT BOYLE:Senator LaValle to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 649, those recorded in the negative are Senators Comrie, DeFrancisco, Krueger, Little, Sanders and Stavisky.
Absent from voting: Senator Perkins.
Ayes, 53. Nays, 6.
ACTING PRESIDENT BOYLE:The bill is passed.
Floor Leader, that completes the controversial reading of the calendar.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT BOYLE:There is none.
SENATOR DeFRANCISCO: That being the case, I move to adjourn until Tuesday, June 2nd, at 3:00 p.m.
ACTING PRESIDENT BOYLE:On motion, the Senate stands adjourned until Tuesday, June 2nd, at 3:00 p.m.
(Whereupon, the Senate adjourned at 5:31 p.m.)
Highest impact first.
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