Gaveled in 3:01 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 8, 2015
3:01 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask everyone present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:In the absence of clergy, I ask everyone to please bow their heads in a moment of silent prayer and reflection.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Sunday, June 7th, the Senate met pursuant to adjournment. The Journal of Saturday, June 6th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal will stand approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 37, Senator Farley moves to discharge, from the Committee on Education, Assembly Bill Number 7013 and substitute it for the identical Senate Bill Number 4921, Third Reading Calendar 522.
On page 68, Senator Lanza moves to discharge, from the Committee on Health, Assembly Bill Number 86 and substitute it for the identical Senate Bill Number 3486, Third Reading Calendar 1056.
On page 77, Senator Breslin moves to discharge, from the Committee on Education, Assembly Bill Number 3053 and substitute it for the identical Senate Bill Number 2123, Third Reading Calendar 1151.
ACTING PRESIDENT GRIFFO:The substitutions are so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Reports and communications from state officers.
Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes. Mr. President, on page 70 I offer the following amendments to Senator O'Mara's bill, Calendar Number 1076, Assembly Print Number 4926, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR DeFRANCISCO: I wish to call up Senator Little's bill, Senate Print 2388, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 562, by Senator Little, Senate Print 2388, an act to create.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 52.
SENATOR DeFRANCISCO: Mr. President, I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: I wish to call up Senator Venditto's bill, Senate Print Number 3824, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 168, by Senator Venditto, Senate Print 3824, an act to amend the General Business Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 52.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: I wish to call up Senator Ortt's bill, Print Number 2957, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 225, by Senator Ortt, Senate Print 2957, an act to amend the Penal Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 52.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: I wish to call up Senator Young's bill, Print Number 3018, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 260, by Senator Young, Senate Print 3018, an act to amend the Municipal Home Rule Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: I wish to call up Senator Ranzenhofer's bill, Print Number 4679, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 529, by Senator Ranzenhofer, Senate Print 4679, an act to amend the Highway Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: I wish to call up Senator Gallivan's bill, Print Number 4687, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 530, by Senator Gallivan, Senate Print 4687, an act to amend the Highway Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: I wish to call up Senator Martin's bill, Print Number 4836, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 531, by Senator Martins, Senate Print 4836, an act to amend the Highway Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: Mr. President, I move to amend Senate Bill 3947A by striking out the amendments made on April 21st and restoring it to its original print number, 3947.
ACTING PRESIDENT GRIFFO:It is so ordered.
SENATOR DeFRANCISCO: I have a series of others which I'll read in bulk.
Amendments are offered to the following Third Reading Calendar bills:
Senator Marcellino, page 36, Calendar Number 492, Senate Print 4553;
Senator Gallivan, page 48, Calendar Number 679, Senate Print 5023;
Senator Martins, page 54, Calendar Number 831, Senate Print 4125;
Senator Golden, page 60, Calendar Number 915, Senate Print 5231;
Senator Gallivan, page 63, Calendar Number 959, Senate Print 428A;
Senator Gallivan, page 64, Calendar Number 1011, Senate Print Number 71;
Senator Funke, page 66, Calendar Number 1029, Senate Print 5570;
Senator Golden, page 66, Calendar Number 1036, Senate Print 4916;
Senator Serino, page 65, Calendar Number 1027, Senate Print 5538;
Senator Serino, page 65, Calendar Number 1028, Senate Print 5545;
And the last, Senator Hannon, page 69, Calendar Number 1070, Senate Print Number 5522.
I move that these bills retain their place on the order of third reading.
ACTING PRESIDENT GRIFFO:The amendments on all the bills read and listed are received, and the bills shall retain their place on third reading. It is so ordered.
SENATOR DeFRANCISCO: Thank you.
Would you recognize Senator Valesky.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Avella, on page 45 I offer the following amendments to Calendar Number 636, Senate Bill 5107, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received. The bill shall retain its place on third reading.
SENATOR VALESKY:And also on behalf of Senator Avella, on page 54 I offer the following amendments to Calendar Number 827, Senate Bill 888, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes. Can we please take up previously adopted Resolution 2494, by Senator Croci, read the title only, and then recognize Senator Croci.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2494, commemorating the dedication of the Operation Red Wings Memorial in memory of its service members upon the occasion of its 10th Anniversary on June 28, 2015.
ACTING PRESIDENT GRIFFO:Senator Croci.
SENATOR CROCI:Thank you, Mr. President.
The overnight hours of June 28, 2005, my watch team and I received a message from the Pentagon and the White House Situation Room in which we learned that a helicopter went down in Afghanistan, killing 16 Americans. We weren't sure what was happening at that time. We would later find out that it was Operation Red Wings that was sent to rescue a four-person Navy SEAL team.
What would eventually happen was the deadliest day for Navy Special Warfare, which you all refer to as SEALS, since World War II. It was a greatest single loss of life that community had ever experienced. This year, this June 28th, we will celebrate the 10-year anniversary of that operation. We're celebrating not only the lives of those who were lost, we're celebrating the heroism of Lieutenant Michael Murphy, a young man from the South Shore of Long Island, and we're celebrating the life of Marcus Luttrell, the lone survivor.
I also recall a day in October two years later when then-President Bush presented the Congressional Medal of Honor posthumously to Mr. Dan Murphy and Mrs. Maureen Murphy, Michael's mom and dad. And my memory of that day is a president of the United States humbled by the actions of a young New Yorker, humbled by a young lieutenant from the South Shore of Long Island.
I also recall the president choking back tears the entire day as he paid honor not only to Michael Murphy, but to the members of the teams who were lost that day and to all the members who still serve.
Mr. President, so many times veterans are remembered with granite memorials and stone and marble, things that are cold. And they're very important. But today we get to honor a living tribute to Lieutenant Michael Murphy and to all of his shipmates, and that is the Michael Murphy Division of the U.S. Navy Sea Cadet Program. And I'd ask them all to rise right now.
(Standing ovation.)
SENATOR CROCI:There are two living memorials to that day and to those events. One is the USS Michael Murphy, named after the lieutenant. And the other are the young men and women you see here today, their instructors, their commanding officer, and the volunteers, both their family members and people who just wanted to come out and volunteer.
They are a living tribute not only to that day but to the values that Lieutenant Michael Murphy and the entire Naval Special Warfare community represents, and they know that while it's important to be a member of the U.S. Navy Sea Cadet program, that the rocker they wear on their left shoulder that says "Lieutenant Michael Murphy" is a reminder to them of the high standards that they have to attain for the rest of their lives. They have worn that name on their shoulder. We could not be more proud.
So to Dan and Maureen Murphy, who could not be with us today, this is our way, the New York Senate's way of paying tribute not only to Michael but to his living tribute, and that is the U.S. Navy Sea Cadet Program, Lieutenant Michael Murphy Division of West Sayville, New York.
To the CO, the senior enlisted advisor, to all the families and to the community that supports this wonderful program, and to my colleagues, thank you, God bless you. Fair winds and following seas.
ACTING PRESIDENT GRIFFO:Thank you, Senator Croci.
As noted, the resolution was adopted on June 2nd of 2015.
Again, we welcome the Lieutenant Michael Murphy Division of the Navy Sea Cadets to the chamber today.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Senator Croci would like to open the resolution up to cosponsorship. If someone does not want to cosponsor, please notify the desk.
ACTING PRESIDENT GRIFFO:So noted and so instructed.
SENATOR DeFRANCISCO: Let's take up Resolution Number 116, by Senator Nozzolio, read the title only, please, and recognize Senator Nozzolio.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 116, by Senator Nozzolio, congratulating Jessica Lahr upon the occasion of being crowned Mrs. New York America on October 26, 2014.
SENATOR NOZZOLIO:Thank you, Mr. President. On the resolution.
Mr. President --
ACTING PRESIDENT GRIFFO:Senator Nozzolio on the resolution.
SENATOR NOZZOLIO:Thank you.
-- my colleagues, we are honoring excellence today in many endeavors. I thank Senator Croci for recognizing the Navy cadet program. Today we also honor a wonderful New Yorker, one who has been selected and chosen as Mrs. New York State.
The resolution before us honors Jessica Lahr, who is from Geneva, New York, where she and her husband Chad are the proud parents of two sons, Colby and Max, where Jessica, in a very extensive competition, through her grace, charm, was selected as Mrs. New York State.
But it was not just her grace and lovely bearing that provided her winning this competition. Jessica is very active in supporting a number of charitable organizations, such as the American Cancer Society, the Access to Community Resources, American Red Cross, Thrive to Survive.
And she's extremely active in Ronald McDonald House, a charitable operation that does great work for our young children who are in their time of need. Jessica provides particular focus to those over 1200 families in the Central Finger Lakes and Western Finger Lakes region who utilize Ronald McDonald House of Rochester. And that her involvement in this charity and others, as well as a number of other community endeavors, has inspired many.
Jessica was crowned Mrs. New York America on October 26, 2014, and that she's now in the national competition for Mrs. America of the entire United States.
Please, Mr. President, if you would welcome Jessica Lahr, Mrs. New York State, to the Senate chamber. And I ask each of my colleagues to provide that welcome as well.
ACTING PRESIDENT GRIFFO:Thank you, Senator Nozzolio.
Jessica, we welcome you here. We congratulate you. We extend our best wishes to you. Please rise and be recognized.
Thank you, Senator Nozzolio.
(Applause.)
ACTING PRESIDENT GRIFFO:As noted, the resolution was adopted on 1/13 of this year.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I would like to move off of resolutions for a moment until some guests arrive.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco, I understand that Senator Nozzolio would like to open the resolution for cosponsorship, without objection.
SENATOR DeFRANCISCO: Excellent idea.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I would like to now hand up the following committee assignments.
ACTING PRESIDENT GRIFFO:The committee assignments have been received and will be filed.
SENATOR DeFRANCISCO: All right, if you would please take up the noncontroversial reading of the calendar, please.
ACTING PRESIDENT GRIFFO:The Secretary will begin the noncontroversial reading of today's active list.
THE SECRETARY:Calendar Number 149, by Senator Ortt, Senate Print 3127, an act to amend the Alcoholic Beverage Control Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 175, by Senator Serino, Senate Print 3968, an act to amend the Elder Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect one year after it shall have become a law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 55. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 301, by Senator Young, Senate Print 4267A, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 302, by Senator Young, Senate Print 4268A, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 329, by Senator Carlucci, Senate Print 4669B, an act in relation to enacting.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 405, by Senator Klein, Senate Print 2230, an act to direct.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 54. Nays, 2. Senators Griffo and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 450, by Senator Croci, Senate Print 4519, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
(Pause.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, could we please withdraw the roll call on Calendar Number 450 and lay it aside temporarily.
ACTING PRESIDENT GRIFFO:The roll call will be withdrawn, and the bill will be laid aside temporarily.
SENATOR DeFRANCISCO: Can you continue with the noncontroversial reading.
ACTING PRESIDENT GRIFFO:The Secretary will continue reading with Calendar Number 522.
THE SECRETARY:Calendar Number 522, substituted earlier by Member of the Assembly Nolan, Assembly Print --
ACTING PRESIDENT GRIFFO:Can I have some order in the house, please.
The Secretary will continue.
THE SECRETARY:Calendar Number 522, substituted earlier by Member of the Assembly Nolan, Assembly Print 7013, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT GRIFFO:The bill is passed.
The Secretary will continue.
THE SECRETARY:Calendar Number 523, by Senator Rivera, Senate Print 775, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect one year after it shall have become a law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 534, by Senator LaValle, Senate Print 1590, an act to amend the Environmental Conservation Law.
SENATOR DeFRANCISCO: Would you please lay that aside for the day.
ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 538, by Senator Young, Senate Print 3505, an act to authorize.
SENATOR DeFRANCISCO: Please that aside for the day.
ACTING PRESIDENT GRIFFO:The bill will be laid aside for the day.
THE SECRETARY:Calendar Number 555, by Senator LaValle, Senate Print 326, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Little recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 678, by Senator Avella, Senate Print 4890A, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 930, by Senator Griffo, Senate Print 1757A, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 943, by Senator Golden, Senate Print 1060A, an act to amend the Civil Rights Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 959 is high.
SENATOR DeFRANCISCO: Lay that aside for the day.
ACTING PRESIDENT GRIFFO:Calendar Number 959 will also be laid aside for the day.
Calendar Number 1013, the Secretary will read.
THE SECRETARY:Calendar Number 1013, by Senator Valesky, Senate Print 5430, an act to amend the Public Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1014, by Senator Marcellino, Senate Print 446, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1015, by Senator Marcellino, Senate Print 735, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1016, by Senator Marcellino, Senate Print 736, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1018, by Senator Golden, Senate Print 1108, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1019, by Senator Golden, Senate Print 1452, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1021, by Senator Lanza, Senate Print 3321, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1040, by Senator Martins, Senate Print 292, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1056, substituted earlier by Member of the Assembly Paulin, Assembly Print 86, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1093, by Senator Hannon, Senate Print 3108, an act to authorize.
ACTING PRESIDENT GRIFFO:There is a home-rule message before the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1096, by Senator Latimer, Senate Print 3892, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1104, by Senator Young, Senate Print 5081, an act to amend Chapter 375 of the Laws of 1999.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1114, by Senator Seward, Senate Print 4540, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1124, by Senator LaValle, Senate Print 317, an act to amend the Town Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1124, those recorded in the negative are Senators Addabbo, Comrie, Dilan, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky. Also Senator Stewart-Cousins.
Ayes, 44. Nays, 16.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1125, by Senator Marcellino, Senate Print 416, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Kennedy and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1126, by Senator Marcellino, Senate Print 418, an act to amend the Labor Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Krueger and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1128, by Senator Gallivan, Senate Print 437, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1129, by Senator Díaz, Senate Print 481, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect June 30, 2016.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Amedore and Croci recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1130, by Senator Hoylman, Senate Print 497, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
SENATOR DeFRANCISCO: Mr. President, could you tell me what bill that was?
ACTING PRESIDENT GRIFFO:We were on Calendar Number 1130.
SENATOR DeFRANCISCO: Could you record me as a negative, please.
ACTING PRESIDENT GRIFFO:The Secretary will note.
THE SECRETARY:Ayes, 58. Nays, 2. Senators DeFrancisco and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1135, by Senator Avella, Senate Print 894, Concurrent Resolution of the Senate and Assembly.
ACTING PRESIDENT GRIFFO:Call the roll on the resolution.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1135, those recorded in the negative are Senators Boyle, Croci, Gallivan, Gianaris, Griffo, Hoylman, Latimer, Little, Panepinto, Ranzenhofer, Ritchie, Squadron, Stavisky and Young. Also Senator Ortt.
Ayes, 45. Nays, 15.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1136, by Senator Avella, Senate Print 1095, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1136, those recorded in the negative are Senators Comrie, DeFrancisco, Dilan, Gianaris, Hassell-Thompson, Hoylman, Krueger, Little, Montgomery, Murphy, Panepinto, Peralta, Perkins, Ranzenhofer, Rivera, Sanders, and Serrano.
Ayes, 43. Nays, 17.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1137, by Senator Avella, Senate Print 1097, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1138, by Senator Golden, Senate Print 1109, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1140, by Senator Marchione, Senate Print 1192 --
SENATOR DeFRANCISCO: Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1141, by Senator Golden, Senate Print 1340, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1145, by Senator Golden, Senate Print 1458, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1146, by Senator LaValle, Senate Print 1483, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1146, those recorded in the negative are Senators Comrie, Dilan, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Peralta, Perkins, Rivera, Sanders, Serrano and Squadron.
Ayes, 46. Nays, 14.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1148, by Senator Libous, Senate Print 1552, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of July.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1148, those recorded in the negative are Senators Avella, Comrie, Espaillat, Hassell-Thompson, Hoylman, Krueger, Latimer, Marcellino, Montgomery, Ranzenhofer, Rivera, Serrano, Squadron and Stavisky.
Ayes, 46. Nays, 14.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1151, substituted earlier by Member of the Assembly Fahy, Assembly Print 3053, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1154, by Senator Lanza, Senate Print 2847, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 58. Nays, 2. Senators Krueger and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1156, by Senator Funke, Senate Print 2968, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1156, those recorded in the negative are Senators Montgomery and Perkins.
Ayes, 58. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1157, by Senator Young, Senate Print 3084, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1157, those recorded in the negative are Senators Avella, Breslin, Comrie, Dilan, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Panepinto, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins. Also Senators Espaillat and Kennedy.
Ayes, 39. Nays, 21.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1173, by Senator Lanza, Senate Print 4513, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of today's active list.
SENATOR DeFRANCISCO: Yes, could we go back to the item we laid aside for the day, Senator Croci's bill, which is some --
ACTING PRESIDENT GRIFFO:Calendar Number 450.
SENATOR DeFRANCISCO: Yeah, 450.
ACTING PRESIDENT GRIFFO:Senator Croci's bill, Calendar Number 450, which was laid aside temporarily, the Secretary will reread.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
Senator DeFrancisco, again that concludes the noncontroversial reading.
SENATOR DeFRANCISCO: All right, can we go back to motions and resolutions.
ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.
SENATOR DeFRANCISCO: Can we take up a previously adopted resolution, Number 1528, by Senator Little. Please read the title only and then call on Senator Little.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1528, by Senator Little, congratulating the Lake George High School Boys Varsity Basketball Team upon the occasion of capturing the New York State Class C Championship.
ACTING PRESIDENT GRIFFO:Can we have some order in the house, please.
Senator Little.
SENATOR LITTLE:Thank you, Mr. President.
It's really exciting, with a great deal of pleasure and honor, that I'm welcoming back to the Senate chamber the Lake George High School Basketball Team. They are the Class C champions in basketball, Section II, and have done a fantastic job again this season, not only defending their title but being the team that everyone wanted to beat but was still unable to beat them.
So they've done a tremendous job in basketball. And with them today is their coach, Dave Jones, and his staff. And we also have the entire team and the Class C State Boys Basketball Tournament MVP, Joel Wincowski.
And I have to tell you that I was at the game and had the pleasure of watching the game. They were playing Senator Griffo's team, Waterville. I might note he was not at the game, but I had him on my -- I had him on my --
ACTING PRESIDENT GRIFFO:Excuse me, Senator Little.
SENATOR DeFRANCISCO: Can we please get the house in order. It's very difficult for me to hear Senator Little, and I know our guests would love to hear what she has to say.
Thank you.
ACTING PRESIDENT GRIFFO:The house will come to order. If the sergeants will mind the doors. Thank you.
Senator Little, please continue.
SENATOR LITTLE:Okay. So I have -- Senator Griffo sits here, usually. So I have him on my message thing, and I am texting him back and forth. And the lead in the game went back and forth, back and forth. We're ahead, you're ahead, we're ahead, you're ahead.
So I have to tell you, we have 1.7 seconds left in the game, the place is packed with Lake George, a whole area of people, plus all of the people who go to Glens Falls for the New York State basketball championships every year -- 1.7 seconds left, 50-50 tied score, and down the court comes the team. And Joel gets the ball, and from -- they said over 30 feet, but it seemed like it was from the other end of the court, it was about halfway -- swish, 53-50.
So the place goes wild. I immediately get my text ready to send to Senator Griffo: Lake George wins. I didn't put it that way, I said "We won." And then the referees are out, and they decide that they took much time off the clock, so they put 0.9 seconds back on the clock. And it was the quietest auditorium you've ever heard in your life for that 0.9 seconds to see what was going to happen.
And fortunately for our team, Lake George, unfortunately for Senator Griffo's -- but his was a great team and certainly deserves a great amount of credit for being there. And it was a game that unfortunately could have gone either way. But to my great excitement, Lake George won, and our whole place went wild.
So congratulations to the boys; to Joel, who is the champion, the most valuable player, and a couple of the other boys also were on the All-Tournament Team. So you did a great job. You certainly made the area proud.
I was unfortunate, I couldn't make the whole town turnout team this year, but I know they did a big turnout for this. These guys are great players, work together, great scholars, great teaching staff, and really an exemplary school that I represent. And I'm really proud and pleased to have them here today.
And we have resolutions for all of them and a special resolution for Joel as the MVP of Class C.
So thank you for coming. I ask everyone to enjoy it and give them a warm welcome.
ACTING PRESIDENT GRIFFO:Senator Little, the resolution was previously adopted on April 22nd of this year. I voted for the resolution too.
We would like to ask everyone present to please acknowledge and we want to congratulate the young men and the coaches from Lake George for an extraordinary basketball season. You really played well, and you did an extraordinary job in beating a quality team.
So congratulations to the alternate team players; to the MVP, who's here; but most importantly to the coach and the players. On behalf of Senator Little and the members of the Senate, we welcome you and congratulate you.
Please stand and be recognized.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: The resolution has been offered by Senator Little for cosponsorship. If you do not want to cosponsor, please notify the desk. Otherwise, you'll be a cosponsor.
ACTING PRESIDENT GRIFFO:So noted and so instructed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: There now will be an immediate meeting of the Rules Committee in Room 332. Immediate meeting of Rules, 332.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332.
The Senate will stand temporarily at ease.
(Whereupon, the Senate stood at ease at 3:56 p.m.)
(Whereupon, the Senate reconvened at 4:33 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, can we go to the noncontroversial calendar -- excuse me, it's controversial now. And it will get more controversial.
Calendar Number 149, please call that bill.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 149, by Senator Ortt, Senate Print 3127, an act to amend the Alcoholic Beverage Control Law.
SENATOR KRUEGER:Explanation, please.
ACTING PRESIDENT GRIFFO:Senator Krueger has requested an explanation, Senator Ortt.
SENATOR ORTT:Thank you, Mr. President.
This legislation would allow greater flexibility in agreements between concession operators and team owners in relation to sharing of gross revenues.
On a nationwide basis, most sport and entertainment venues which are built on public land are controlled by an entity other than the actual holder of the license to sell alcoholic beverages at the facility. Under current New York law, the holder of the liquor license is precluded from sharing proceeds from the sale of alcoholic beverages with a person or entity not named on said license.
New York is one of only two states who maintain this prohibition, and it is long past time that this roadblock to building better business and better business relationships in the sports and entertainment sector was eliminated.
The proposed bill deals only with premises operating as a stadium, arena, or place of entertainment having a permanent seating capacity in excess of 45,000 persons. The bill is further limited to facilities located on real property owned by the State of New York or a political subdivision thereof.
This proposal gives the authority the ability to issue licenses where the holder of the license will be authorized to share gross revenues from the sale of alcoholic beverages with the owner or operator of the premises. This will make New York law consistent with nationwide business practices for sport and entertainment venues.
ACTING PRESIDENT GRIFFO:Thank you, Senator Ortt.
Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President. If the sponsor would please yield.
ACTING PRESIDENT GRIFFO:Senator Ortt, do you yield?
SENATOR ORTT:I do.
ACTING PRESIDENT GRIFFO:Senator Ortt yields.
SENATOR KRUEGER:So in your explanation you explain that New York is out of the norm of all but -- I guess 48 other states. So what stadium would this bill apply to if it became law in New York State?
SENATOR ORTT:Through you, Mr. President, currently this law would apply to Ralph Wilson Stadium.
SENATOR KRUEGER:I'm sorry, I couldn't hear the answer.
ACTING PRESIDENT GRIFFO:Can we have some order in the chamber.
I would also ask the sergeant to mind the door, please, as the member is speaking so that no members are coming across while the member is speaking right now.
Senator Krueger, would you please repeat your question?
SENATOR KRUEGER:I'm sorry, I could not hear your answer.
SENATOR ORTT:Through you, Mr. President, currently this would apply to Ralph Wilson Stadium.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR ORTT:I do.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:If, as the sponsor described in his explanation, he is looking to bring New York into the norm of 48 other states, why not write the bill so it would apply to all stadiums instead of one stadium?
SENATOR ORTT:Through you, Mr. President, this is not limited or doesn't make any specific reference to Ralph Wilson Stadium. The stipulations, as I mentioned, would be on property owned by the State of New York or a political subdivision thereof and having a seating in excess of 45,000. It certainly would apply across the state. However, if there's a stadium that's privately owned or doesn't fit in those parameters, then it would not apply.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR ORTT:I do.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So when the sponsor described that this law would bring New York State into parity with 48 other states, does that mean in 48 other states the law is a stadium with 45,000 or more seats on land owned by the government? Or all stadiums in the other states fall into this category?
SENATOR ORTT:Through you, Mr. President, in the 48 other states there is some law that allows sharing of revenue, just as this bill does. The stipulations may vary from state to state. But the 48 other states allow some form of sharing, and this would end the prohibition that we currently have in New York.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So as we read this bill, it's specific to one stadium. And who owns that stadium?
SENATOR ORTT:Through you, Mr. President, it is the County of Erie.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
And it says that the revenue can be shared with the owner and/or operator. Who is the operator of the stadium?
SENATOR ORTT:The owner or the operator of the facilities at the stadium is Delaware North.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So just so I get the premise right, if this became a law, the revenue from the sale of alcohol could be shared between the actual vendors or contractors and the County of Erie, the owner, and Delaware North, the operator; is that correct?
SENATOR ORTT:Through you, Mr. President, it would be a little more concise than that. It would be shared between Delaware North and the County of Erie.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor will yield.
SENATOR KRUEGER:Currently, who has the license to sell alcohol at this stadium?
SENATOR ORTT:Erie Sports Center, LLC.
SENATOR KRUEGER:I'm sorry, I didn't hear. Excuse me, Mr. President.
ACTING PRESIDENT GRIFFO:Could you repeat that, Senator Ortt?
SENATOR ORTT:Erie Sports -- Erie Sports Service, LLC.
SENATOR KRUEGER:Okay. Erie Sports Service -- through you, Mr. President, if the sponsor would continue to yield.
SENATOR ORTT:I do.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So Erie Sports Service, LLC, technically is the vendor who sells the liquor to the patrons at the stadium; is that correct?
SENATOR ORTT:That is correct.
SENATOR KRUEGER:And through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So if this became law, Erie Sports, LLC, would have to share its proceeds with the county and with Delaware North?
SENATOR ORTT:No. Through you, Mr. President, it would allow Erie Sports Service, LLC, to share with the County of Erie, the owner of the premises.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
Who gives Erie Sports, LLC, the contract to be able to sell at the stadium?
SENATOR ORTT:Through you, Mr. President, I believe that would be the owner of the team. In this case, the Buffalo Bills.
SENATOR KRUEGER:Mr. President, just trying to repeat so I make sure I understand.
So you have the owners of a team, they determine who the vendors are, or vendor, who can sell the alcohol. We have learned that they have -- they or perhaps the previous owner, because I think there was a change in ownership recently, have given the contract to a company called Erie Sports. Then under this law, Erie Sports would have to share proceeds with the county and/or Delaware North because who decides they have to do so?
SENATOR ORTT:Through you, Mr. President, as I've already articulated, there is no "have to." There is no mandate. This bill would simply allow for, in this case, Erie Sports Service, LLC, which is a subsidiary of Delaware North, to share proceeds, revenues, with the County of Erie. It would simply allow them that which they are not allowed to do at this time under the current New York State law.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR ORTT:I do.
SENATOR KRUEGER:Thank you.
Okay. So now, as I understand it, the owners of the sports team decide who has the right to sell alcohol, assuming SLA approves them. That is a company called Erie Sports. And I believe in the last answer I learned that Erie Sports is a subsidiary of Delaware North. And this bill would allow them to share proceeds with their parent company, Delaware North, and the County of Erie.
Why would the alcohol distributor, a subsidiary of Delaware North, want to share its proceeds with the County of Erie?
SENATOR ORTT:Through you, Mr. President, I'm not going to pretend to know the motivations of any particular company. I just know this bill would allow that to happen. And certainly if it did, that would be a benefit to the County of Erie, and that's good enough for me.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
Is this bill at the request of the County of Erie?
SENATOR ORTT:This bill is at no particular request.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR ORTT:I do.
SENATOR KRUEGER:Am I correct, though, in assuming, in the scenario we've been walking through, the only possible beneficiary would be the County of Erie? Because Delaware North and Erie LLC are already the same company, and they're the ones making the profits now, and the sporting team owners decide who's getting the right to sell products in the stadium when sporting events are going on.
So is there any other, I guess, likely winner from this other than the County of Erie?
SENATOR ORTT:I don't know if there's any other likely winner. I know the County of Erie certainly would be a beneficiary.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Does the bill in any place lay out what share of the proceeds the County of Erie would receive if this bill became law?
SENATOR ORTT:Through you, Mr. President, it does not.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:If this bill becomes law -- so the County of Erie has not asked for this change in law. I'm a little confused why the vendors would ask for this law, because it seems to me they can only get a reduced share of the proceeds. Once this becomes law, what does the sponsor think will happen next?
SENATOR ORTT:Through you, Mr. President, optimally there would be a future agreement perhaps at one time that would allow the county to share, the owner to share in some of that revenue that's generated there. But again, that is not for me for necessarily predict at this time.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Thinking, Mr. President. Thank you.
Through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Does the County of Erie, with its contract with the owners of the sporting group, I believe it's the Buffalo Bills -- is there something in that contract that gives Erie County the power to instruct the owner of the Bills who or who not to approve as the vendors for alcohol products in the stadium?
SENATOR ORTT:Through you, Mr. President, while I'm not familiar with all of the intricate details of the contract, I am unaware of such provision or provisions.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So the sponsor has already answered the question that the County of Erie has not asked for this bill. Has Delaware North or the subsidiary, Erie Sports, LLC, requested this bill?
SENATOR ORTT:Through you, Mr. President, yes.
SENATOR KRUEGER:Yes. Thank you.
Through you, Mr. President, would the sponsor continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Have the owners of the Bills requested this bill? Sorry, the owners of the Buffalo Bills, the sporting team, requested this bill as well.
SENATOR ORTT:Through you, Mr. President, no.
SENATOR KRUEGER:No. Okay. Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:If this bill passed, could the County of Erie actually say no, we don't want this to happen at this stadium, since they're the owners of the stadium?
SENATOR ORTT:Through you, Mr. President, any opportunity to share would naturally have to be between both parties, so they certainly would be in a position to say such a thing.
SENATOR KRUEGER:Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
I'm reading the bill, which is quite short, and it says with the owner or operator of the premises. So where is it in this bill that says that if this became the law, the owner of the stadium, the County of Erie, would share in these revenues?
SENATOR ORTT:Through you, Mr. President, could my colleague repeat her question?
SENATOR KRUEGER:Certainly.
SENATOR ORTT:Or rephrase it, perhaps?
SENATOR KRUEGER:Yes. So on line 11 of the one-paragraph bill, it says that the sale of alcoholic beverages at such stadium, arena or place of entertainment shall be shared with the owner or operator, not "and operator."
So since it's owner or operator, the owner is Erie County, they have not requested this bill. The operator is Delaware North, they have requested the bill. Where, if this becomes law, do we know that Erie County would be able to get a share of the revenue from this new law?
SENATOR ORTT:Through you, Mr. President, it's one or the other. Erie County being the owner is spelled out right there, that they certainly -- it certainly could be them to share in the revenue.
SENATOR KRUEGER:Through you, Mr. President, just to make sure I heard correctly, it's one or the other? That's what you said?
SENATOR ORTT:That is correct.
And I just would like to add, it's not the owner. There might be a little -- it is not the -- when it says "owner," it isn't the owner of the team, it's the owner of the premises.
SENATOR KRUEGER:Right. Owner is Erie County.
SENATOR ORTT:Yes.
SENATOR KRUEGER:Right.
So through you, Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:I thank the sponsor for his explanation. And I understand much more now about -- well, I don't understand everything, but I understand that the operator, Delaware North, and its subsidiary Erie Sports, LLC, are asking for this bill. I have to believe it's because they believe it can somehow increase their revenue from sales at the stadium, although I in honesty don't understand exactly how it would, since they seem to be the distributor of alcohol at the stadium now.
If this bill had laid out a scenario where the County of Erie, the taxpayers of Erie County, they paid to build the stadium -- or partly paid to build the stadium. I actually think we, the state government, also paid to build the stadium. If this bill explicitly required that the taxpayers of the state and the county were to share in the revenues from the alcohol sales, I might actually be comfortable voting yes.
But while it's an option, it's not a requirement that the owner of the stadium, Erie County, gets any increased revenue from this. It's not that they asked for this. So while I am not a hundred percent sure how the operator will increase their revenues or their power with vendors here, since they seem to be the vendor and the operator, I don't think I like where this might go. I don't think it would be a good precedent for the state.
But if we were going to change our laws, I'd be more comfortable with a statewide law and everybody being interested in understanding how this was going to be flowing.
So I'll be voting no, Mr. President, but I appreciate very much the sponsor spending so much time helping me understand better the bill.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger.
Seeing and hearing no other Senator that wishes to be heard, debate is closed. The Secretary will ring the bell.
Senator DeFrancisco.
SENATOR DeFRANCISCO: For those Senators who went for a break while the debate was going on, it would be nice if you came back so we could take a vote and get on to the next bill and celebrate the festival this evening.
SENATOR DIAZ:Thank you. Thank you. Thank you.
SENATOR DeFRANCISCO: And Senator Díaz, you're very welcome.
ACTING PRESIDENT GRIFFO:Can we have some order, please.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 149, those recorded in the negative are Senators Díaz, Espaillat, Hamilton, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders, Serrano and Squadron.
Ayes, 51. Nays, 11.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, could we go to motions and resolutions.
ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.
SENATOR DeFRANCISCO: Senator Carlucci has five resolutions dealing with the Italian festival. Please read the title only of each of them and then recognize Senator Carlucci.
ACTING PRESIDENT GRIFFO:The Secretary will read the resolutions.
THE SECRETARY:Legislative Resolution Number 2301, by Senator Carlucci, honoring Matilda Raffa Cuomo upon the occasion of her designation as recipient of the 2015 Lifetime Achievement Award by the New York Conference of Italian-American State Legislators.
Legislative Resolution Number 2303, by Senator Carlucci, commending Paul Sorvino upon the occasion of his designation as the 2015 Italian-American of the Year by the New York Conference of Italian-American State Legislators.
ACTING PRESIDENT GRIFFO:Can we have some order in the chamber, please.
The Secretary will continue.
THE SECRETARY:Legislative Resolution Number 2304, by Senator Carlucci, commending John Regan upon the occasion of his designation as the 2015 Italian-American of the Year by the New York Conference of Italian-American State Legislators.
Legislative Resolution Number 2305, by Senator Carlucci, commending Nino Corvato upon the occasion of his designation as the 2015 Italian-American of the Year by the New York Conference of Italian-American State Legislators.
And Legislative Resolution Number 2504, by Senator Carlucci, memorializing Governor Andrew M. Cuomo to proclaim June 8, 2015, as Italian-American Day in New York State.
Senator Carlucci.
SENATOR CARLUCCI:Thank you, Mr. President.
And today we memorialize Andrew Cuomo, our Governor, to proclaim today as Italian-American Day in the State of New York.
And we're so fortunate that we have such honored guests here today that the Italian-American Legislators Conference has honored. And we're graced by their presence in the chamber today.
And I know we have five resolutions and it's a long day; our honored guests have been to a ceremony in The Well at the LOB, to a reception hosted by Governor Cuomo at the mansion, at the Assembly, and now on the floor of the Senate, and soon we'll be in Troy celebrating Festa with all of them. So I'll keep it brief, but it's very important.
Our distinguished honorees today, we have Matilda Raffa Cuomo, who all of us know, of course, as the First Lady of New York from 1983 to 1995. And during that time, she set a tireless pace to do some great things in New York State -- of course serving to make sure that the Italian language was preserved in our schools, making sure that that was a language taught to our students. And a great program that she's done that many of you have probably have heard about is the mentoring programs. She's been able to mentor hundreds of people throughout our state and throughout the country and throughout the world, it's actually progressed all over the place. So it's a great program that she's been doing to help young people in our community and around the globe.
And recently she had the honor to meet Pope Francis, and Pope Francis blessed a photo of Mario Cuomo, our late Governor. And it was an honor bestowed upon us to see that Pope Francis would do such a great thing for the Cuomo family.
So she's had a distinguished career, both in the public light, volunteering. And we're just so honored to have Matilda Raffa Cuomo here in our presence today. Thank you.
And we also have with us Paul Sorvino. And many of us have known this actor for being in over 180 films. Paul Sorvino, many of you probably could picture him in some of the films he's been in. I know we have some Star Trek fans here, and he was Worf's brother and played a great role there. I'm sure that's the highlight that everybody's thinking of.
(Laughter.)
SENATOR CARLUCCI:But Paul Sorvino, not only do we know him as Paulie, but so many other roles in films -- but he's also a sculptor. He's also a musician, a singer. So he's done so much good, and he's really an artist.
But one of the things you might not know is that --
ACTING PRESIDENT GRIFFO:Excuse me. Senator Carlucci, excuse me.
Could we have some order in the chamber. I'm also going to ask members if they can remain in their seats. There will be an opportunity to interact with the guests outside the chamber after the resolutions have been adopted.
Senator Carlucci, you may continue.
SENATOR CARLUCCI:Thank you, Mr. President.
And Paul Sorvino, when he was younger, was living with asthma. And he started to learn techniques on how to really beat asthma and developed some breathing techniques and actually authored a book to help people living with asthma. And he started a foundation to help people with asthma here in this country and helping people around the world.
So we thank you for your contributions, obviously as an Italian-American but as a wonderful citizen to our state and to our nation.
We also have us today an honoree who is known as the "Tailor to the Stars," Nino Corvato, who has been a tailor for over 50 years and really speaks to the profession and what we call the passion and the drive for your profession. He's really the most sought-out tailor there is. We call him the Tailor to the Stars, and he's been working over 50 years, and not only to better the profession as a tailor but also to inspire young people and to train them in that profession.
And so we're so honored that you're with us here today as well.
And we also have John Regan, who is one of probably the best bassist players that we've seen here in this chamber, definitely, but of course in the country. But he's played with a David Bowie, with Mick Jagger, recorded on their album Dancing in the Streets, and still gives back to the community today. Helps raise funds to help educate our students at Marist College, does a program in Dutchess County on the radio to talk about Italian culture and all the good that it's done in our state and in our nation.
So, Mr. President, that's the quick Cliff Notes of our honorees. I could go on and on about each of the achievements that they have all done. But really, there's a common thread here. These individuals have really given selflessly. They didn't have to do what they've done; they've all distinguished themselves in their own careers. But they stepped up to help the next generation.
And we in the Italian-American Legislators Conference, that's something that we hold dearly, to make sure that we can improve upon generation after generation.
So on behalf of the Italian-American Legislators Conference and all of the members of the Senate, we want to thank you for being here today, thank you for the work that you've done for our community, our state and our nation.
Thank you.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:The resolutions were previously adopted in May of 2015.
We want to again extend our congratulations to Mrs. Cuomo, Mr. Sorvino, Mr. Regan, Mr. Corvato. Congratulations on receiving this extraordinary award on behalf of the Italian-American Legislators.
We also commend you and extend our gratitude for the good work you do for the people of New York each and every day. Again, congratulations and God bless you all.
(Applause.)
ACTING PRESIDENT GRIFFO:Senator Montgomery on the resolution.
SENATOR MONTGOMERY:Thank you, Mr. President.
I rise to first of all thank Senator Carlucci for introducing the resolutions. And I certainly join you and all of my colleagues in offering my best wishes to all of the members who are of Italian-American heritage.
But I want to just say for our First Lady Matilda Cuomo, she was the first First Lady that I met as a Senator. And it was just really very, very inspiring that she, with all of her position and all of the different things that she had to attend to as First Lady, she found the time to visit my district at that time in Brooklyn and specifically to visit one of the middle schools, Junior High School 265, which is named for Dr. Susan Smith McKinney, who was the first African-American doctor in our state. And at that time she was then talking about a mentoring program that she was working on even then.
So she not only because of her Italian connection, certainly it's because she is also a member of a small club of First Ladies in our state.
So First Lady Cuomo, I certainly applaud you. Thank you very much. And many, many more opportunities hopefully that you'll have to promote mentoring in our state.
Thank you so much.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I rise too to congratulate the President of the Italian Association for this year, President Carlucci, and each of his honorees. Two of course I know only by reputation; the other two I have met.
Certainly Mrs. Cuomo has been an extraordinary example of what a First Lady ought to be about. And the mentoring program that she has begun and that continues to inspire people to mentor means a great deal. So many of our young people have poor role models in their situations. And creating this mentoring program has helped a great number of our young people see life very differently, being introduced to opportunities that perhaps they would never have had without having mentors in their lives. So for that, I'm very grateful.
And of course I'm a Goodfellas fan. And this morning -- I have to tell you this story Mr. Sorvino. We were staying at the same hotel, and we came down in the elevator this morning, and I looked at him, and of course I recognized who he was. But he didn't smile. And I said, well, if people don't smile, that means that they're not morning people. And I didn't want to intrude on his privacy, but -- and I didn't want him to think I'm a groupie, but I'm a groupie.
(Laughter.)
SENATOR HASSELL-THOMPSON:And I was very pleased to have had my own personal moment with you, and to congratulate you as well.
To the tailor of the group, my father was a master tailor, and I just think that they're the most extraordinary, talented people in the world. So I congratulate you.
And to you, we have yet to meet. But you are in outstanding company, and therefore it's just appropriate to assume that you are great as well.
So I thank -- again, I thank Senator Carlucci for bringing to this chamber some extraordinary people who are changing the lives of people throughout the State of New York.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President. I just want to add my words as well.
Many of my colleagues know some 20 years ago I worked for the first Governor Cuomo. And in that capacity, the very first job responsibility I had 21 years ago was to take Matilda Cuomo to vote in Queens at a special election for the Assembly that was in the district in which they lived.
And over those last 21 years, I can't think of a better example of a role model not only for Italian-Americans, not only for people from Queens, but for all New Yorkers and indeed all people in this country and in the world, as an exemplar of someone who behaves with great dignity, someone who has made a difference in the world.
And no disrespect to the other honorees as well, but I wanted to put my two cents in about what a wonderful woman and tremendous impact Matilda Cuomo has had on the people of New York. So congratulations.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes. As a fellow Italian-American, I wanted to mention to Senator Hassell-Thompson that Paul Sorvino smiles when he wants to smile.
(Laughter.)
SENATOR DeFRANCISCO: If you've ever seen any of his movies, you know that for a fact.
The only disappointment that I had today is you didn't bring Myra here today, a phenomenal actress --
PAUL SORVINO:Mira.
SENATOR DeFRANCISCO: Mira. Myra, Mira. I'll never forget that again.
Great actress. And I read, I was just reading a little bit about her. She went to Harvard, and her major was Chinese. That is amazing. She must be a great intellectual.
But congratulations to all of you. It's a wonderful day for Albany.
Thank you.
ACTING PRESIDENT GRIFFO:The resolutions were previously adopted, as indicated earlier.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Could we now go back to the controversial calendar and continue reading that.
ACTING PRESIDENT GRIFFO:We'll return to the controversial calendar.
The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 450, by Senator Croci, Senate Print 4519, an act to amend the Education Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT GRIFFO:Senator Croci, an explanation has been requested by Senator Krueger.
SENATOR CROCI:Thank you, Mr. President.
Mr. President, as we all know, and certainly within the State of New York and on Long Island, we have a number of English language learners in our schools. We do a very good job, but we need to do a better job in providing the funding so that the educators can do the hard work of ensuring that our young people have the skills they need.
This bill provides the recently adopted changes to the Commissioner of Education's regulations relating to English language learners shall not go into effect until such time that the state or federal money is appropriated to cover the costs associated with this unfunded mandate.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would yield, please.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR CROCI:Delighted to yield, yes.
SENATOR KRUEGER:Thank you.
So according to the State Education Department, these are not really a new mandate on any school district. But yes, some of the determinations grow out of a 1974 court decision, Lau v. Nichols, U.S. Supreme Court, establishing the right of ELL students to have a meaningful opportunity to participate in educational programs.
But also according to the state SED, these regulations are actually simply a clarification of terminology that are the same requirements that have been part of the CR, CR Part 154, since 2007.
So the question is, what is the new mandate on our school districts?
SENATOR CROCI:Well, through you, Mr. President, the very well intentioned regulations do include new qualifications for evaluators identifying ELL students; expansion of those students eligible for services; additional recordkeeping requirements; requires, in addition to stand-alone courses, that instruction be offered through integrated ESL methodologies cotaught or individually taught by dually certified ESL teachers -- and if you know anything about the dual certification process, it's very hard to find somebody certified in both history and Spanish-speaking capabilities or other language capabilities.
Requires that districts with 20 or more ELL students in the same grade speaking the same native language to create bilingual education programs in those districts. Requires that if bilingual education was offered to any student in the prior year, that the program must continue so long as 15 or more students are eligible to participate. Increases from one to two years supportive services for students formerly receiving ELL services. And presents more rigid professional development requirements pertaining to ELL training, and that goes back to the dual certification process.
So the State Education Department -- and these are very important tweaks to the legislation and to the regulations. These are things we should be doing for our students who are trying to learn English. But unfortunately, we didn't send them any money. And the federal government didn't either. So they're doing it out of hide.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would yield.
SENATOR CROCI:I will continue to yield, yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Does the sponsor agree that the state education funding formula does provide supplemental monies, federal and state, to districts that have higher percentages of special needs students, including ELL students?
SENATOR CROCI:I agree in our most recent budget we provided such said.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
SENATOR CROCI:Absolutely.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Has it not been a part of the funding formula for school districts for quite a while?
SENATOR CROCI:It has indeed.
Through you, Mr. President, I would also say that in my district, the 3rd Senate District, I know it's not the perception of Long Island that some have from around the state, but I have two districts, the Brentwood School District and Central Islip School District.
In the Central Islip School District, we have 1300 students enrolled in ELL programs. In Brentwood, they have over 3,000 students. So whereas the formula to provide such aid may be fair around the state, there are school districts that have been disproportionately affected because of the large concentrations and the vibrant communities that we have on Long Island attractive to new immigrants to this country.
SENATOR KRUEGER:Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank the sponsor for his answers.
I want to start by saying I actually appreciate and empathize with his goal here. He's saying there are added costs when dealing with special needs students, when dealing with students where English is not their first language. I agree completely.
If you track the history of lawsuits such as the CFE lawsuit, you will see that the basis for that lawsuit was that high-needs districts, districts with low-income populations with high numbers of special-needs student, with higher numbers of ELL students, did have increased costs and that the state ought to be factoring in those when providing educational formula aid.
And I would agree and stand here and say, because I've said it many times before, we have still failed to meet our obligations under the CFE lawsuit to ensure that all students in New York State are being provided the 21st century adequate education they ought to.
And yet I cannot support this bill, because in a state in a time where every school district is crying out for more assistance, and some school districts, high-needs school districts with lower-income parents and children, with large numbers of students with English as a second language, students who have special needs, those districts in particular are crying out for more money.
What I can't support is this bill says unless we get there, you don't have to provide a quality education for students who may need assistance with English as a second language.
And so I can't support a bill that would say you may have large numbers of students who need assistance learning English in your district, but you don't have to provide those educational services. Because while it must continue to be all our fight to make sure there's adequate education funding for every child in New York State, what we can't do -- and what I unfortunately this bill would do -- is to say but if you don't think you can, you can leave those kids by the side of the road and not provide them with the mandated court-ordered adequate education that they need.
And so, again, I can empathize with the sponsor. I can empathize with school districts with disproportionately large numbers of children who do have special needs, including the need to learn English as a second language. I cannot accept that the state's answer will be to say, Sorry, you don't get any help.
ACTING PRESIDENT GRIFFO:Senator Croci, why do you rise?
SENATOR CROCI:Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Are you asking Senator Krueger to yield for a question, Senator Croci?
SENATOR CROCI:No, for an explanation, Mr. President.
SENATOR KRUEGER:Wait, I'm sorry. Would you like to ask me a question, Senator?
SENATOR CROCI:No, I'd like to speak on the bill.
ACTING PRESIDENT GRIFFO:No, I think the Senator is going to speak after you. And we'll let Senator Krueger finish --
(Cross-talk.)
SENATOR KRUEGER:Oh, okay. I don't want to cut you off.
SENATOR CROCI:Excuse me.
ACTING PRESIDENT GRIFFO:Senator Krueger, continue and conclude.
SENATOR KRUEGER:You know, I was right at that point where I was going to say I must vote no, Mr. President. I yield the floor.
ACTING PRESIDENT GRIFFO:Thank you, Senator Krueger. That's what I thought.
So Senator Croci.
SENATOR CROCI:On the bill, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Croci on the bill.
SENATOR CROCI:This bill does not in any way jeopardize the education we're providing to those students. The existing ELL programs that districts have in place would remain in place and be funded. It's these new regulations that would not be implemented and would not be held against the school district.
So we are not jeopardizing in any way those children. And in any district there's a large proportion of children who are in these classes. So I would in no way ever want to endanger that. This just makes sure that we hold the federal government to account and ourselves to account to send the proper funding to the schools if we're going to continue to require the districts to do this kind of quality education.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that wishes to speak, the debate is closed.
The Secretary will ring the bell.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Can I have some order in the house, please.
Senator Marcellino to explain his vote.
SENATOR MARCELLINO:Thank you, Mr. President.
I want to thank my colleague Senator Croci for bringing this important bill up.
It isn't just the money that we're talking about here. I live in a district in Syosset where 35 percent of the student population are East Asian. The neighboring district of Jericho, it's over 50 percent of the population is Chinese, with multiple dialects. And it's not for lack of trying to find licensed teachers in various languages to teach these kids; they just don't exist in many places. So it becomes difficult to find them.
So you have to build in some mechanism to allow schools and districts where there is a severe problem in finding qualified teachers to meet the need. You've got to give them some time and some space. I think that's what this bill is intended to do, and that's what this bill will do when it's enacted appropriately.
I vote aye, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Marcellino to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 450, those recorded in the negative are Senators Avella, Breslin, Carlucci, Comrie, Díaz, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Kennedy, Klein, Krueger, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins and Valesky.
Ayes, 34. Nays, 28.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: There's one more controversial bill, it's 1141. Please call that.
But after that, for anyone who's keeping score, we're going to receive the report of the Rules Committee and take one bill off that calendar, and then we will be done for the day.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 1141, by Senator Golden, Senate Print 1340, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Ring the bell.
Senator Squadron.
SENATOR SQUADRON:Excuse me, I request an explanation, Mr. President. I apologize.
ACTING PRESIDENT GRIFFO:Senator Squadron is requesting an explanation, Senator Golden.
SENATOR GOLDEN:Thank you, Mr. President.
We on a regular basis in this house pass bills that would encourage recidivism -- for those that do recidivism to be placed in jail. And we've had many bills here that we've done in the past, such as gang bills. And this bill in particular would help us put people where they belong if they continue to commit crimes in the State of New York.
Right now, if you look at the City of New York, the homicides, shootings, the rapes are up, increased. Shootings at an all-time high, and other crimes are starting to creep up as well. So we need some additional tools, I believe, to assist our police departments and our district attorneys in getting some of the worst of the worst off of the street. And this bill would provide that assistance by taking anybody that would commit a crime within a 10-year period, three crimes in a 10-year period, whether they be A misdemeanors or felonies, that they would create a new crime of aggravated criminal conduct, which would be an E felony.
We also take into consideration, under the 47 B felonies, we take into consideration seven of those, which are family offenses such as stalking. And if you commit two of those B felonies, it moves to an A misdemeanor. And that again would fall into the category of any three crimes committed, the fourth crime, convicted on a fourth crime would give you an E felony of aggravated criminal conduct.
ACTING PRESIDENT GRIFFO:Senator Squadron.
SENATOR SQUADRON:If the sponsor would yield.
SENATOR GOLDEN:Yes, sir.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Thank you.
The sponsor talks about serious crimes, serious recidivists. Just so that I can be clear about this, you can commit no felonies over the 10-year period being referenced in this bill and still end up with a felony record; is that correct?
SENATOR GOLDEN:That's correct.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR GOLDEN:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:So this allows, for example, for the A misdemeanor of unlawfully solemnizing a marriage, if committed in three separate incidents over 10 years, to make you a felon; is that right?
SENATOR GOLDEN:If it's an A misdemeanor, that's correct, yes, Mr. President.
SENATOR SQUADRON:If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR GOLDEN:I do, Mr. President.
SENATOR SQUADRON:Similarly -- and I promise not to go through the whole Penal Law -- jumping a turnstile three times in 10 years, you would be a felon?
SENATOR GOLDEN:That's an A misdemeanor? The fourth one, the fourth conviction would be an E felony, that's correct.
SENATOR SQUADRON:If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR GOLDEN:He does indeed, Mr. President.
SENATOR SQUADRON:Final one out of the code, and then we'll move on. Making graffiti three times -- or let's actually -- let's mix it up. Unlawfully solemnizing a marriage, jumping a turnstile, doing some graffiti, all of which are A misdemeanors. None of us are debating whether that's appropriate. You do those three acts over 10 years and you're a felon?
SENATOR GOLDEN:Yes, that is correct. I'm not sure if Senator Squadron is pointing to graffiti as a crime that should not warrant an A misdemeanor which could warrant an E felony after four convictions. Let me tell you the damage that that individual has done to businesses, the amount of money that it costs those businesses to correct and to repaint and to fix their stores. It is significant.
And of course, Senator Squadron, you've left out burglary, robbery, you've left out grand larceny, auto, you've left out a whole host -- assault 1, 2, 3. You've left out a whole host of manslaughter. You've left out a whole host of felonies that would also be included that would give us the ability to raise it to an E felony as well, sir.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR GOLDEN:Yes, sir.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:And a point of clarification as part of my question, Mr. President.
I am not raising any quarrel with the fact that making graffiti is a A misdemeanor. I'm not raising any quarrel with the fact that jumping a turnstile is an A misdemeanor or that unlawfully solemnizing a marriage is. That's a different conversation for a different day. I'm not even suggesting those aren't serious issues that need to be dealt with and need to be dealt with in a criminal context.
What I'm asking is, is any one of those acts on their own, even if committed every third year, something that makes you a felon? And just to be clear, that is the intent of this bill, is that right, is that if you jump three turnstiles over 10 years, you end up a felon?
SENATOR GOLDEN:Theft of service I believe is a -- at what point? Seven, 10? How many times do we have to allow somebody to do a theft of service against the State of New York? At what point do we have to help our businesses that are going to be graffitied? At what point do we have to help people that are being burglarized? At what point do we have to help the people in the City of New York and the State of New York to continue to go out there and commit crimes to put these people with a felony and put them in jail and stop these crimes from occurring?
If the crime rate continues in the City of New York -- and the way it's going right now, it looks like it will -- we will have an explosion in crime this summer. We need to put tools into effect for those police officers and those district attorneys, and this is one of those tools.
The gang legislation is another one of the tools. And I believe you may have voted for the gang legislation. The Assembly is yet to vote for it. That is a bill that would also give the tools that the police departments and our district attorneys need to help us to bring down crime.
We're doing Raise the Age, we're doing a whole bunch of different issues for different groups of different people so we can do the right thing, but at some point -- at some point you've got to draw a line in the sand and say enough is enough.
And when you get to a fourth conviction of any A misdemeanor plus a felony, yes, I think -- or a felony -- I believe you should be convicted of that new crime, aggravated criminal conduct, an E felony.
SENATOR SQUADRON:On the bill, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Squadron on the bill.
SENATOR GOLDEN:Thank you, Mr. President. Thank you, Mr. Squadron.
SENATOR SQUADRON:I thank the sponsor for engaging in the conversation. I also thank the sponsor for talking about a number of crimes that I think many of us would agree do need to be dealt with. Burglary and auto theft -- in fact, a number of these crimes that are in fact already felonies for that reason.
I actually note that other than assault in the third -- which, just to be clear, is not something that actually involves any physical contact -- most of the crimes the sponsor is talking about are already felonies.
And that's the point. The rush to create felons doesn't serve anyone. Let me be very clear. People who commit felony-level crimes should be felons. They should be convicted, they should serve time, it is even appropriate for them, of course, to have a record.
The question is, should we take people who never commit a felony and make them a felon? Because when you're a felon, there's all kinds of consequences. There's consequences for housing, there's consequences for employment, there's a serious cost to the state.
Now, look, I think we all agree that we would rather there were no felons in the state. It would save the state money, it would be to the state's benefit. But we also all know that in the world of reality, people are going to commit felony-level crimes out there and they should be punished for it.
So the question before us today is, is it in the state's interest to give people felony records who have never committed a felony? To have them serve time in prison if they've committed a felony at, you know, a cost of $60,000 a year, to have them lose their freedom, to have them be required to report for many educational and job opportunities for the rest of their lives, that they're a felon. Which suggests they've committed a crime with a certain level of seriousness, when of course if this bill passes into law, they'll never have done so.
We have a distinction in the law between violations and misdemeanors and felonies for a reason. And the reason is wrongdoing should be punished, and it should be punished at a level that is appropriate to the act. By taking misdemeanor acts and turning them into felonies, what we are doing is we are saying the seriousness of the act is no longer what's important, what's important is simply being able to talk about things like crime waves and burglary and other things that we all care about, that we all take seriously.
It is not in the state's interest, it is not in the interest of justice, it is not the interest of those who might get caught up in this to create felons. What we should do is find felons, we should punish them, we should hope that we can rehabilitate them, we should hope they get another chance, but we should not be creating felons out of people who have never committed a felony.
And for that reason, I'll be voting no and I urge my colleagues to do the same.
Thank you.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator wishing to be heard, debate is closed.
The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Montgomery to explain her vote.
SENATOR MONTGOMERY:Yes, Mr. President. I appreciate the debate on this legislation.
I just want to remind my colleagues that this is exactly the kind of legislation that sent the State of California into near bankruptcy because of their criminal justice system: Three strikes and you're out.
Shame on us for moving backwards as opposed to trying to move forward and reform our criminal justice system so that it doesn't bankrupt our state. And that we do have resources that would in fact help us to move forward out of this situation that we've just tried to move out of, and that was the Rockefeller Drug Law era.
So I vote no.
ACTING PRESIDENT GRIFFO:Senator Montgomery to be recorded in the negative.
Senator Parker to explain his vote.
SENATOR PARKER:Thank you, Mr. President. To explain my vote.
Let me thank first Senator Golden for raising this important issue. I certainly know Senator Golden, with having a long and illustrious criminal justice and law enforcement background himself, is really concerned about law enforcement and crime that's rising in many of our communities.
This is a critical issue for all of us. Nobody cares about this stuff more than I do, where I've seen crime rise and numbers of shootings in my district. Literally weekly I'm getting calls. And certainly we're concerned with what's going on.
I think that this is the right intention but the wrong approach. I wish I could support this. I certainly think that we ought to be doing some things, but I don't think that this is the right thing. I think that, you know, particularly as it relates to gangs, I think we have to find alternatives to gang activity. We have to add music, art, athletics and dance as regular parts of the curriculum in our communities. We have to have in-school and out-of-school sports activities. I think we need we need to expand the Beacon School program, particularly in New York City, so we give our young people alternatives to the gang lives and not just criminalize them.
We certainly know that making tougher laws -- by just simply making tougher laws, we don't in fact stop people from committing crimes. We have to engage them. We had an opportunity during the budget to provide summer youth employment for every child in the State of New York, and we didn't do that. And here we come and go now, saying, well, we didn't give you a chance to work, but now we're going to put you in jail. And now instead of paying for summer youth employment, we'd rather pay to have you in a prison. I don't think that's the right approach.
I'm looking forward to working with Senator Golden and all my colleagues here in this chamber in coming up with some better solutions for both our young people and for folks who are committing crimes. Instead of making them felons, make them productive taxpayers in our state.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Parker to be recorded in the negative.
Senator Ranzenhofer to explain his vote.
SENATOR RANZENHOFER:Thank you, Mr. President.
First of all, I want to commend Senator Golden for this legislation. I mean, at what point do you say that we've had enough? I mean, this would be the fourth misdemeanor within a 10-year period where if someone keeps on violating our society, I think that a felony charge is appropriate.
And in listening to the debate, I almost got the impression that this is some novel concept, that we don't have in this New York. But we have this in New York right now; for instance, with DWIs. If you are arrested for a DWI and you're not charged with three more but you are charged with one more within 10 years, just because that is the second charge, that now makes it a felony.
So the points raised that this is some novel concept that we are now taking someone who is convicted of a misdemeanor and making them a felon, this law has been in existence for many, many, many years.
So I think it's appropriate on this particular bill that if you give someone three more chances and they get convicted and they get convicted again and then they get convicted a third time, it's certainly consistent with what we've done in the state before. And I'll be voting in the affirmative.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Ranzenhofer to be recorded in the affirmative.
Senator Martins to explain his vote.
SENATOR MARTINS:I rise also to thank Senator Golden for introducing this piece of legislation and to urge my colleagues to support the piece of legislation.
Let's think about it just for a second. These are convictions. Misdemeanor convictions don't happen every day. You don't get a misdemeanor conviction for jumping a turnstile. You may get charged with a misdemeanor, but in the real world those misdemeanor charges get reduced and we all know it.
So in order to get convicted of three misdemeanors in 10 years, when is enough enough? When do you owe a debt to society such that you should be held responsible? Why should you have to keep coming through?
A felony is perfectly, perfectly in order. It isn't, it isn't the individual crime, it's the cumulative effect and the lack of respect for law overall that we're talking about here.
And I want to commend Senator Golden for bringing this to the floor. I urge all of my colleagues to support it. I'll be voting aye.
ACTING PRESIDENT GRIFFO:Senator Martins to be recorded in the affirmative.
Senator Squadron to explain his vote.
SENATOR SQUADRON:Briefly I want to -- Senator Ranzenhofer made a good point. It's an important one. There are specific instances, DWI is one, aggravated family offense, which is a felony that can be -- that comes out of misdemeanors when you've committed domestic violence offenses that I long sponsored that we passed in a bipartisan way, with the Governor's support, into law.
There are specific instances where it is absolutely appropriate. That is not what we are looking at today. We're looking at unlawfully solemnizing a marriage, we're looking at jumping a turnstile, we're looking at making graffiti, we're looking at assault in the third.
We have in a bipartisan way, on specific topics, taken this issue on. That's not what's happening here, and that's exactly why it's not a good bill.
So I continue to vote no.
ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the negative.
Senator Golden to explain his vote.
SENATOR GOLDEN:I just want to thank my colleagues for voting for this bill.
I can understand the opposition from some of my colleagues on the other side of the aisle. I wish they wouldn't have this view, but they do, and it's a shame.
Because I've got to tell you, what brought tears to my eyes, and I don't get tears in my eyes that often, was that a young boy 14 years of age was gunned down in the City of New York. And he was a gang member and he became a gang member, he was hanging out with gang members, and he's 14 years of age, he wants to be a tough guy. The last two words out of his mouth were "Mommy. Mommy."
Enough. Enough. We need to protect our children. We need to protect our communities. We need to be able to draw a line in the sand and say enough is enough. What's enough, 90 times graffiti, 90 times jumping a turnstile? At what point does that individual graduate into committing larger crimes?
The object of the game is to give the streets backs to our families, to our communities, and this piece of legislation would do that.
I thank you, Mr. President. I thank all of you here today in voting for the right thing to do for the children and for the families of the City and the State of New York.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:Senator Golden to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1141, those recorded in the negative are Senators Comrie, Dilan, Espaillat, Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Serrano and Squadron.
Ayes, 46. Nays, 16.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that concludes the controversial reading of the original active-list calendar.
SENATOR DeFRANCISCO: Yes, could we now receive the report from the Rules Committee.
ACTING PRESIDENT GRIFFO:The Secretary will read the Committee on Rules report.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 25, by Senator DeFrancisco, an act to amend the Real Property Law;
Senate 33, by Senator DeFrancisco, an act to amend the Education Law;
Senate 103, by Senator Hoylman, an act to amend the Education Law;
Senate 421, by Senator Marcellino, an act to amend the Public Health Law;
Senate 903, by Senator Avella, an act to amend the Religious Corporations Law;
Senate 1000A, by Senator Funke, an act to amend the Volunteer Firefighters Benefit Law;
Senate 1104, by Senator Klein, an act to amend the Penal Law;
Senate 1601, by Senator Bonacic, an act to amend the Penal Law;
Senate 1603, by Senator Bonacic, an act to amend the Public Health Law;
Senate 1682, by Senator Little, an act to amend the General Municipal Law;
Senate 2251, by Senator Larkin, an act to amend the Penal Law;
Senate 2268, by Senator Golden, an act to amend the Insurance Law;
Senate 2302, by Senator Hannon, an act to amend the Insurance Law;
Senate 2392A, by Senator Martins, an act to amend the Domestic Relations Law;
Senate 3051, by Senator DeFrancisco, an act to amend the Parks, Recreation and Historic Preservation Law;
Senate 3324, by Senator Lanza, an act to amend the Penal Law;
Senate 3393A, by Senator Hannon, an act to authorize;
Senate 3504A, by Senator Young, an act to amend the Education Law;
Senate 3508, by Senator Golden, an act to amend the Penal Law;
Senate 3633, by Senator Murphy, an act to amend the Real Property Tax Law;
Senate 3921, by Senator Young, an act to amend the Real Property Law;
Senate 4022, by Senator Skelos, an act to amend the Penal Law;
Senate 4023, by Senator Skelos, an act to amend the Penal Law;
Senate 4133, by Senator Golden, an act to amend the Penal Law;
Senate 4140, by Senator Skelos, an act to amend Chapter 846 of the Laws of 1970;
Senate 4299, by Senator O'Mara, an act to amend the Education Law;
Senate 4305, by Senator Griffo, an act to amend the Banking Law;
Senate 4504, by Senator Lanza, an act to amend the Penal Law;
Senate 4515, by Senator Lanza, an act to amend the Penal Law;
Senate 4625, by Senator Lanza, an act to amend the Criminal Procedure Law;
Senate 4692, by Senator Latimer, an act in relation to authorizing;
Senate 4755, by Senator Breslin, an act granting retroactive Tier 4 membership;
Senate 4756, by Senator Breslin, an act granting retroactive membership;
Senate 4839, by Senator Golden, an act to amend the Penal Law;
Senate 4903, by Senator Gallivan, an act to amend the County Law;
Senate 4968A, by Senator Savino, an act to amend the Vehicle and Traffic Law;
Senate 5077A, by Senator Croci, an act to amend the Public Health Law;
Senate 5146, by Senator Valesky, an act in relation to;
Senate 5156, by Senator Ortt, an act to amend the Penal Law;
Senate 5201, by Senator Croci, an act to amend the Penal Law;
Senate 5220, by Senator Carlucci, an act to amend the Public Authorities Law;
Senate 5227A, by Senator DeFrancisco, an act to amend the Surrogate's Court Procedure Act;
Senate 5275, by Senator Golden, an act to amend the Administrative Code of the City of New York;
Senate 5350A, by Senator Ortt, an act to amend the Insurance Law;
Senate 5604, by Senator Lanza, an act to amend Chapter 219 of the Laws of 2003;
Senate 5676, by Senator Klein, an act to amend the Social Services Law; and
Senate 5837, by Senator Seward, an act to amend the Penal Law.
All bills reported direct to third reading.
SENATOR DeFRANCISCO: I move to accept the report of the Rules Committee.
ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Rules report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Committee on Rules report is accepted and before the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: And can we move directly to Calendar Number 1384 and call that bill up.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 1384, by Senator Seward, Senate Print 5837, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 10. This act shall take effect immediately.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay it aside.
Senator DeFrancisco, that concludes the noncontroversial reading of the supplemental calendar bill before the house.
The Secretary will ring the bell.
We'll proceed with the controversial reading. The Secretary will read.
SENATOR DeFRANCISCO: Why don't you do that.
THE SECRETARY:Calendar Number 1384, by Senator Seward, Senate Print 5837, an act to amend the Penal Law.
SENATOR SQUADRON:Explanation.
ACTING PRESIDENT GRIFFO:Senator Squadron has requested an explanation.
Senator Seward.
SENATOR SEWARD:Certainly, Mr. President.
This bill before us offers some commonsense changes to the SAFE Act as passed in January of 2013. It makes five such changes.
Number one, it repeals the provision that every purchaser of ammunition undergo a background check prior to purchasing that ammunition. Now, this section of the law has proven to be unwieldy, unworkable, and prohibitively expensive.
Secondly, this bill allows continuation of ownership of registered weapons after that owner passes away. It's limited only to the immediate family members, and only if they are eligible to register the weapon; in other words, going through a background check.
Thirdly, this makes individual pistol permit information confidential. It removes the cumbersome opt-out process and makes all information of this personal nature un-FOILable.
And fourthly, it provides notice and the opportunity to appeal a decision when an individual is referred by their treating mental health professional as being disqualified from possessing a weapon due to mental illness. So this allows an opportunity to refute the finding through a due process. It also allows incorrectly identified individuals to avoid mistakenly be included on the database.
And finally, this legislation makes the Division of Criminal Justice Services, not the New York State Police, the keepers of statewide pistol database information and makes the local licensing officer, or more than likely their designees, they would become the portals of the recertification process, which under the law would have to occur every five years. And since this process would begin locally through these licensing officers, there would be a reimbursement by the state to these localities to avoid this being an unfunded mandate.
So these are commonsense changes, administrative changes to the SAFE Act, and I urge its passage.
ACTING PRESIDENT GRIFFO:Thank you, Senator Seward.
Senator Squadron.
SENATOR SQUADRON:If the sponsor would yield for a few questions.
ACTING PRESIDENT GRIFFO:Senator Seward, do you yield?
The Senator yields.
SENATOR SQUADRON:Thank you, I appreciate the explanation. Let's go through some of those points.
The sponsor said that it would repeal the requirement that purchasers of ammunition register and go through a background check. In that section that's been repealed about ammunition, does it repeal any other requirements, any requirements on sellers?
SENATOR SEWARD:Mr. President, this legislation removes the background check on the purchaser of the ammunition.
SENATOR SQUADRON:If the sponsor would continue to yield.
Does it also remove the requirement that an ammunition seller who's not otherwise a licensed firearm dealer is registered?
SENATOR SEWARD:Mr. President, currently -- or prior to the SAFE Act passage, these ammunition sellers, whether it be the Walmart's or a gun shop, wherever the ammunition is sold, they have not been required to register with the state.
They still have requirements in terms of the federal government if they are federal firearm licensees. This does not interfere with that process.
SENATOR SQUADRON:If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor will yield.
SENATOR SQUADRON:Thank you.
So I know some of the issues with implementing the ammunition background checks and recordkeeping. Have there been issues with forcing ammunition dealers to register with the state?
SENATOR SEWARD:Well, Mr. President, we haven't gotten that far. This legislation is before us because, as I said, this section of the SAFE Act has proven to be really unworkable and prohibitively expensive. They are just -- you know, one of the provisions, for example, in the current law would require the state to provide the point-of-purchase hardware in terms of the background check, which is estimated to be costing hundreds of millions of dollars.
And in fact in this year's state budget, it actually had reduced the amount of money by $8 million dollars just in developing the database. And so by removing that money from this year's state budget, we have really taken the first steps in terms of not having the database compilation to continue.
And in fact at the end of the process, should it have gone forward, we would have this balloon of expense in terms of hundreds of millions of dollars to provide the hardware at each cash register at every point of sale for ammunition.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR SEWARD:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:And just so I understand -- because the State Police tells us that there's been no pushback from ammunition dealers on registering, that it's going very well on the registering of the ammunition dealers.
I just want to be absolutely clear that everything that I've heard from the sponsor so far has to do with the registering and the background checks for purchasers, but nothing to do with the dealers. I just want to be very clear that that's what the sponsor is talking about.
SENATOR SEWARD:Well, just to be clear, by repealing that section of the law we are repealing both the purchaser and the requirement of the seller to register with the state. Which prior to the SAFE Act they never have done anyway.
SENATOR SQUADRON:I agree, we're repealing both of those components.
If the sponsor would continue to yield.
SENATOR SEWARD:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:I notice that in a number of places in this bill the power of the State Police is taken away and given to the Division of Criminal Justice Services. Have you spoken to either agency about whether they think this is appropriate and in the interests of public safety?
SENATOR SEWARD:Well, Mr. President, it just strikes me that the Division of Criminal Justice Services has traditionally been the keeper or the holder of other databases such as, you know, criminal history, orders of protection, mental health, pistol permits, registered weapons. And it would just seem to me that this would streamline the databases that are kept by the state by having them under one agency that is experienced in collecting and keeping such data.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR SEWARD:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Do either the State Police or DCJS agree with you? Agree with the sponsor, forgive me.
SENATOR SEWARD:I have not personally spoken with either agency. It just certainly strikes me that this would be a way to streamline this process.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR SEWARD:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Thank you.
I do notice that it appears that on page 5, though, the power of DCJS is actually taken away. So just in terms of streamlining, it looks like sort of DCJS is getting some power in some places and then having it taken away. Am I reading that right?
SENATOR SEWARD:Mr. President, I wonder if Senator Squadron --
ACTING PRESIDENT GRIFFO:Senator Squadron, would you repeat the question?
SENATOR SEWARD:And tell me what line he's referring to.
SENATOR SQUADRON:Sure.
ACTING PRESIDENT GRIFFO:Can you specifically identify the line?
SENATOR SQUADRON:Thank you, Mr. President. On page 5, it's paragraph D there, lines 4 through 12, I'll call it.
SENATOR SEWARD:I want to give you a proper answer. I'm having counsel review that language. (Pause.)
Mr. President, I've been advised by counsel that we are not removing the Division of Criminal Justice Services, we're just moving the language in a different location.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR SEWARD:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:So just so I understand, not just on that page and those lines, but in general, this bill does not, when it comes to issues of mental health and eligibility for purchase, this does not create an additional level with county health departments where DCJS currently has that role?
SENATOR SEWARD:No. What this would simply do in the mental health area, is at the time that the local director of community services, who received the recommendation by a treating mental health professional that an individual should be disqualified from possessing a weapon due to, you know, mental illness -- that is referred to the director of community services. And then if that director of community services feels that that judgment is appropriate, then they in fact send that in to the state.
This legislation would have that -- would not provide any additional burden other than at the time they send it to the state, that they would be required to also notify the individual with notice that they in fact have been referred to the state to go on the list of becoming disqualified from possessing a weapon. And then that individual would make a judgment of whether or not they wanted to pursue a due process.
What we're looking to avoid here are two problems that currently exist. And that is that an individual could come on that list of being disqualified from possessing a weapon, they wouldn't know it until maybe ten years down the road they want to purchase a weapon and then there's a NICS check, background check, and then that would pop up, their name at that point, potentially years down the road.
And also this would also correct this issue of names being incorrectly -- the wrong individual perhaps with the same name showing up on this list.
So just providing that notification I think is very, very appropriate.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR SEWARD:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Just to clarify, what the sponsor said is the only additional burden would be on the notification. And just so I understand, that burden falls on the directors of community service or on the state agency?
SENATOR SEWARD:I'm not sure I would call it a burden. They are notifying the state. They would also notify the individual.
SENATOR SQUADRON:And if the sponsor would continue to yield.
SENATOR SEWARD:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Is that not an unfunded mandate on the county?
SENATOR SEWARD:Well, they already are reviewing the file. They're already making a notification to the state. This would simply ask them to notify the individual as well.
SENATOR SQUADRON:Thank you.
If the sponsor would continue to yield.
SENATOR SEWARD:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:In the sponsor's description of the bill he spoke about the ability to transfer assault weapons, in the instance of death, through an estate to an immediate family member. The sponsor said something interesting, which is that that would happen only with background checks. Can the sponsor just point me to the background check required for the transfer of the assault weapon?
SENATOR SEWARD:The legislation refers to a qualifying individual.
And the requirement for a background check is actually in the Penal Law already, that in the case of the death of an individual who has possession of a weapon, these weapons, that they would then be turned over within a 15-day period to an officer, and then they would hold it and "shall thereafter deliver it, on the written request of the executor, administrator or other lawful possessor of such property, to a named person, provided such named person is licensed to or is otherwise lawfully permitted to possess the same."
And so that means that that individual would have to pass a background check.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR SEWARD:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:And in the bill before us, the ability to do this, to transfer an assault weapon in the state, is in paragraph H of subdivision 22 of Section 265; is that right?
SENATOR SEWARD:Yes.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR SEWARD:Certainly.
SENATOR SQUADRON:When the sponsor is referring to the current process for transferring a weapon by an estate, is the sponsor referring to Section 265.20 of the Penal Code?
SENATOR SEWARD:Yes.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR SEWARD:Yes.
SENATOR SQUADRON:Aren't the first words of that section that paragraph H of subdivision 22 of Section 265 shall not apply to 265.20?
SENATOR SEWARD:Mr. President, could we have clarification on the question?
SENATOR SQUADRON:I'm just trying to get clarification on this background check component. The sponsor said that a background check would be required, and I believe read out of Section 265.20 of the Penal Code in explaining that.
I'm also reading out of 265.20 of the Penal Code, where I believe it says that the paragraph where the sponsor would allow this does not apply. And I'm just looking for clarification.
SENATOR SEWARD:I want to give -- Mr. President, I want to give a proper answer. We're having difficulty finding where Senator Squadron is reading, what he's reading in terms of what section.
Would Senator Squadron repeat his question or tell us where he's referring?
ACTING PRESIDENT GRIFFO:Senator Squadron, would you repeat the question?
SENATOR SEWARD:So we give him a proper answer.
SENATOR SQUADRON:Sure. The sponsor has said, has referenced a certain section of the Penal Law that is being amended that would allow assault weapons to be transferred by estates to immediate family members.
The sponsor is saying that background checks are required in the case of such transfer because of a requirement in statute in a section in which that law does not apply. And I'm asking if I'm -- what I'm missing.
SENATOR SEWARD:Mr. President, I'm advised by counsel it does apply to the executor. So it does apply in this situation.
ACTING PRESIDENT GRIFFO:Senator Squadron.
SENATOR SQUADRON:If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SEWARD:Yes.
SENATOR SQUADRON:The sponsor says -- the sponsor is saying that paragraph H of subdivision 22 of Section 265 does apply to Section 265.20?
SENATOR SEWARD:Yes.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR SEWARD:Certainly.
SENATOR SQUADRON:The plain language of 265.20 is that paragraph H of subdivision 22 of Section 265, among some other sections, shall not apply.
SENATOR SEWARD:Mr. President, I think we're getting hung up on our lettering here. We are in 265.20(f), 265.20(f).
SENATOR SQUADRON:265.20(a)(1)(f).
SENATOR SEWARD:It's (f).
ACTING PRESIDENT GRIFFO:Is that clarification clear?
(Laughter.)
SENATOR SQUADRON:If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SEWARD:Yes.
SENATOR SQUADRON:Is the sponsor saying that the first paragraph, which says paragraph H of subdivision 22 of Section 265 -- and some others -- shall not apply to (1) a, b, c, d, e, f, that (1)(f) doesn't apply? I know this is scintillating for my colleagues and everyone at home, but it does connect to something that has a real impact in the real world.
SENATOR SEWARD:I'm advised by counsel that that refers to not being prosecuted if you follow these rules.
SENATOR SQUADRON:If the sponsor can repeat, I didn't hear that word.
ACTING PRESIDENT GRIFFO:Senator Seward, could you repeat that?
SENATOR SEWARD:Mr. President, I'm advised by counsel that the paragraph that Senator Squadron is reading refers to the exemption is not being prosecuted if you follow these rules as outlined in the rest of that section.
SENATOR SQUADRON:If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SEWARD:Yes.
SENATOR SQUADRON:So just so I can be very clear, the sponsor's view is that background checks and registration for all of these assault weapons is good policy and should apply to all assault weapons in the state?
SENATOR SEWARD:Mr. President, I'm not going to get into that discussion. Those that we are looking to -- this is a very, very simple concept that we're addressing here, that when an individual passes away and they indicated they wish to have a member of their immediate family to continue to possess these registered weapons, that that be allowed to happen as long as that family member is eligible to receive the registered weapon; that is, have a background check.
And this very much follows what's already in the law allowing the gifting of a lawfully acquired property to heirs. This is the same rationale as an antique or a curio. In other words, if the weapon was 50 years or older, that is allowable even under the SAFE Act. But we're suggesting that as long as that immediate family member passes a background check that they also be allowed to continue to keep that weapon in the family. That's as simple as that.
SENATOR SQUADRON:If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Look, the, you know, so-called sort of family exemption under General Business Law which is referenced in your bill has a process for conducting criminal background checks and for ensuring that only those who are qualified have a firearm.
Section 400 of the Penal Code has in Section 16A very clear registration as relates to these types of assault weapons that are under discussion today.
And I guess I would just ask, under this reading whereby current prosecutorial practice is the governing law, a recipient of the deceased would lawfully come into possession of the weapon?
ACTING PRESIDENT GRIFFO:Senator Squadron, your specific question on that?
SENATOR SQUADRON:Yes. How would the recipient come into lawful possession of the weapon under the process of prosecutorial practice being put forth by the sponsor?
SENATOR SEWARD:It's very simple, Mr. President. If it was legal to own the weapon while the individual was alive, then it would be legal to continue to have a family member -- and your reference to the General Business Law just delineates those family members who are eligible to continue to own that weapon, that is after -- as long as they are qualified to do so.
SENATOR SQUADRON:If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:And how would the executor of the estate, who for 15 days under prosecutorial practice under a section of law that this paragraph doesn't apply to, how would the executor ensure that the person who is receiving the assault weapon is qualified?
SENATOR SEWARD:Well, Mr. President, this would be the same process that exists for pistols, which currently occurs.
SENATOR SQUADRON:If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SEWARD:Yes.
SENATOR SQUADRON:Since the registration requirement is specific to these types of weapons, how would the registration of the new ownership apply?
SENATOR SEWARD:Mr. President, the owner -- the original owner registered the weapon or the firearm, and the new owner would do the same.
SENATOR SQUADRON:If the sponsor would continue to yield. This is my final question.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Under what section of law would that happen?
SENATOR SEWARD:Mr. President, to be qualified to own the weapon, they would, number one, have to be qualified to receive the weapon. In other words, they would need to pass a background check. And then also it's in the statute in terms of registering the firearm.
ACTING PRESIDENT GRIFFO:Senator Squadron, are you on the bill?
SENATOR SQUADRON:I think I just need to ask that question once again. Just where in the statute is it required to register -- a clarifying final question, Mr. President. Where in the statute does a recipient of a family member exception assault weapon register it?
SENATOR SEWARD:Mr. President, page 2 in Section ii.
SENATOR SQUADRON:Thank you, Mr. President. On the bill.
ACTING PRESIDENT GRIFFO:Senator Squadron on the bill.
SENATOR SQUADRON:The section the sponsor just talked about says nothing about the recipient registering their assault weapon. It says that the individual who is bequeathing it must register it before they pass away. It does not create any process for the new owner to register it.
If this is a back-door way to undermine background checks and registration, I wish we could have a conversation about that. I think background checks and registration are commonsense laws that protect us from the absolutely most dangerous weapons. Most New Yorkers agree. It is the core of what the SAFE Act was. It seems to be being undermined here.
And, you know, I apologize to my colleagues, to both viewers watching at home for the detailed line-by-line description here. I was forced to do that because this bill has never been through a Senate committee of substantive reference.
I'm the ranking member of the Codes Committee; Senator Nozzolio is the chair of the Codes Committee. We have robust conversations, we figure these things out. I'm not sure this question can be figured out. But the appropriate proper place for that is not on the floor.
I apologize to my colleagues for doing it on the floor. The process or lack of process requires it. And I think those questions are still wide open.
The sponsor talks about ammo purchasers but says nothing about ammo dealers. When the State Police say that the process of registering ammo dealers is going well, yet we gut the registration of ammo dealers in this bill.
The sponsor talks about making a smoother process by having the Division of Criminal Justice Services empowered and the State Police disempowered. And yet this bill, in at least one instance, makes the Division of Criminal Justice Services process more cumbersome than it is now.
The sponsor puts a process into place that is an unfunded mandate for counties to deal with issues that have been and are properly in the role of the state when it comes to issues of serious mental illness, which we know have been linked to some of the most violent and heinous and tragic incidents with these assault weapons.
And the sponsor and counsel make an argument on background checks that lost us all, not just because it was in the minutiae of the bill, but because it is in fact not in the bill. There is no process in this bill for background checks and transfer of assault weapons to family members.
There is a process for that on licensed and lawful weapons in the state currently that exists. There was a process for registration and even transfer within a year of the passage of the SAFE Act. There is in fact even a process for retired law enforcement to register their weapons if they want to keep them after retiring. There is not a process in this bill.
This bill is not a reasoned and considered amendment to the SAFE Act. This bill undermines some provisions that are working, such as the registration of ammo dealers. It creates cumbersome processes by disempowering the State Police. It creates an unfunded mandate on counties. And it undermines the registration and background checks that are vastly popular and a hugely important part of the SAFE Act.
For all of those reasons, I'll be voting no, Mr. President. Thank you.
ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the negative.
Seeing and hearing no other Senator that wishes to be heard, debate is closed and the Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 10. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Can I have some order in the house, please.
Senator Nozzolio to explain his vote.
SENATOR NOZZOLIO:Yes, Mr. President, I wish to clarify some of the debate which took place.
Senator Seward did a wonderful job in explaining a very technical aspect of this law.
Senator Squadron's question relative to whether or not a background check would be required of someone who is inheriting a firearm, the answer is purely, simply yes. That only a lawful possessor can receive, through an inheritance, a particular firearm under the laws. However, what we are trying to do is ensure that that does take place, because under the current law it does not.
But an individual must be a lawful possessor, they must have had a background check to so qualify.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Nozzolio to be recorded in the affirmative.
The Secretary will announce the results.
THE SECRETARY:In relation to Calendar 1384, those recorded in the negative are Senators Addabbo, Avella, Breslin, Carlucci, Comrie, Díaz, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Klein, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins and Valesky.
Absent from voting: Senator Sampson.
Ayes, 35. Nays, 26.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR DeFRANCISCO: There being none, we are adjourned until Tuesday, June 9th, at 2:00 p.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Tuesday, June 9th, at 2:00 p.m.
The Senate stands adjourned.
(Whereupon, at 6:28 p.m., the Senate adjourned.)
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