Gaveled in 2:49 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 15, 2015
2:49 p.m.
REGULAR SESSION
SENATOR THOMAS F. O'MARA, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT O'MARA:The Senate will come to order.
I ask that everyone please rise and join with me in reciting the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT O'MARA:In the absence of clergy today, may we please bow our heads in a moment of silence.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT O'MARA:Can we have the reading of the Journal.
THE SECRETARY:In Senate, Sunday, June 14th, the Senate met pursuant to adjournment. The Journal of Saturday, June 13th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT O'MARA:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 11, Senator Seward moves to discharge, from the Committee on Insurance, Assembly Bill Number 6131A and substitute it for the identical Senate Bill Number 3513A, Third Reading Calendar 323.
On page 12, Senator Golden moves to discharge, from the Committee on Local Government, Assembly Bill Number 5057A and substitute it for the identical Senate Bill Number 4081A, Third Reading Calendar 325.
On page 15, Senator Bonacic moves to discharge, from the Committee on Cities, Assembly Bill Number 5619 and substitute it for the identical Senate Bill Number 4252, Third Reading Calendar 418.
On page 16, Senator Funke moves to discharge, from the Committee on Elections, Assembly Bill Number 3601 and substitute it for the identical Senate Bill Number 4329, Third Reading Calendar 437.
On page 19, Senator Croci moves to discharge, from the Committee on Transportation, Assembly Bill Number 5519C and substitute it for the identical Senate Bill Number 4278C, Third Reading Calendar 524.
On page 21, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Bill Number 6024A and substitute it for the identical Senate Bill Number 5160, Third Reading Calendar 588.
On page 22, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Bill Number 6265 and substitute it for the identical Senate Bill Number 5188, Third Reading Calendar 589.
On page 22, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Bill Number 7221 and substitute it for the identical Senate Bill Number 5190, Third Reading Calendar 591.
On page 22, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Bill Number 6263 and substitute it for the identical Senate Bill Number 5191, Third Reading Calendar 592.
On page 22, Senator LaValle moves to discharge, from the Committee on Higher Education, Assembly Bill Number 6969 and substitute it for the identical Senate Bill Number 5158, Third Reading Calendar 604.
On page 26, Senator Martins moves to discharge, from the Committee on Labor, Assembly Bill Number 7721 and substitute it for the identical Senate Bill Number 5130, Third Reading Calendar 683.
On page 28, Senator Ranzenhofer moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 114 and substitute it for the identical Senate Bill Number 1531, Third Reading Calendar 743.
On page 36, Senator Little moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 7256 and substitute it for the identical Senate Bill Number 4869, Third Reading Calendar 934.
On page 36, Senator Farley moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 7520 and substitute it for the identical Senate Bill Number 5352, Third Reading Calendar 935.
On page 37, Senator Nozzolio moves to discharge, from the Committee on Codes, Assembly Bill Number 7319 and substitute it for the identical Senate Bill Number 5640, Third Reading Calendar 953.
On page 40, Senator Hannon moves to discharge, from the Committee on Health, Assembly Bill Number 2150 and substitute it for the identical Senate Bill Number 1153, Third Reading Calendar 1052.
On page 40, Senator Lanza moves to discharge, from the Committee on Health, Assembly Bill Number 134 and substitute it for the identical Senate Bill Number 3483, Third Reading Calendar 1055.
On page 41, Senator Hannon moves to discharge, from the Committee on Health, Assembly Bill Number 7202A and substitute it for the identical Senate Bill Number 5183, Third Reading Calendar 1064.
On page 48, Senator LaValle moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 7633 and substitute it for the identical Senate Bill Number 5645, Third Reading Calendar 1202.
On page 51, Senator Marchione moves to discharge, from the Committee on Local Government, Assembly Bill Number 2439B and substitute it for the identical Senate Bill Number 5547, Third Reading Calendar 1252.
On page 53, Senator Nozzolio moves to discharge, from the Committee on Codes, Assembly Bill Number 6222 and substitute it for the identical Senate Bill Number 5173, Third Reading Calendar 1310.
On page 54, Senator Bonacic moves to discharge, from the Committee on Mental Health, Assembly Bill Number 6529 and substitute it for the identical Senate Bill Number 5260, Third Reading Calendar 1316.
On page 54, Senator Hannon moves to discharge, from the Committee on Mental Health, Assembly Bill Number 7596 and substitute it for the identical Senate Bill Number 5482, Third Reading Calendar 1324.
And on page 55, Senator Savino moves to discharge, from the Committee on Banks, Assembly Bill Number 7466 and substitute it for the identical Senate Bill Number 5408, Third Reading Calendar 1331.
ACTING PRESIDENT O'MARA:The substitutions are so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, I have a handful.
First I'd like to call up Print Number 4467B, recalled from the Assembly, which is now at the desk. It's a Senator Griffo bill.
ACTING PRESIDENT O'MARA:The Secretary will read the title of the bill.
THE SECRETARY:Calendar Number 724, by Senator Griffo, Senate Print 4467B, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 56.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which this bill was passed. You already did that?
ACTING PRESIDENT O'MARA:We already did that.
(Laughter.)
ACTING PRESIDENT O'MARA:I jumped ahead of you, Senator.
SENATOR DeFRANCISCO: You jumped ahead?
ACTING PRESIDENT O'MARA:Yes, I did.
SENATOR DeFRANCISCO: That's good, because we've got to move along.
ACTING PRESIDENT O'MARA:Yes.
(Laughter.)
SENATOR DeFRANCISCO: I now offer the following amendments.
Okay, I also have Senator Marchione's bill, Print Number --
ACTING PRESIDENT O'MARA:We now -- Senator -- Senator, the last amendments are received. The bill retains its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: Did I jump ahead of you?
ACTING PRESIDENT O'MARA:Yes, you did.
(Laughter.)
SENATOR DeFRANCISCO: Okay. I wish to recall Senator Marchione's bill, Print Number 1195, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Calendar Number 342, by Senator Marchione, Senate Print 1195, an act to amend the Environmental Conservation Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT O'MARA:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
ACTING PRESIDENT O'MARA:The bill is restored to its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT O'MARA:The amendments are received.
SENATOR DeFRANCISCO: Next I wish to call up Senator Lanza's bill, Print Number 3342, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Calendar Number 242, by Senator Lanza, Senate Print 3342, an act to amend the Public Housing Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT O'MARA:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill retains its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: On page 17, I offer the following amendments to Calendar Number 456, Senator Griffo's bill, Senate Print Number 3613, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: I move to amend Senate Bill Number 5196B, Senator Ranzenhofer's bill, by striking out the amendments made on June 11 and restoring it to its previous print number, 5196A.
ACTING PRESIDENT O'MARA:So ordered.
SENATOR DeFRANCISCO: On page 26, I I offer the following amendments to Senator Boyle's bill, Calendar 680, Senate Print Number 613, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: On page 34, I offer the following amendments to Senator Funke's bill, Calendar Number 913, Senate Print Number 3450B, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: On page 57, I offer the following amendments to Senator Ranzenhofer's bill, Calendar Number 1404, Senate Print Number 4312A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: On page 38, I offer the following amendments to Senator Marcellino's bill, Calendar 1026, Senate Print Number 5452A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: On page 49, I offer the following amendments to Senator Young's bill, Calendar 1219, Senate Print Number 3509A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: On page 32, I offer the following amendments to Senator Larkin's bill, Calendar 855, Senate Print Number 3951A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received --
(Interruption from gallery.)
ACTING PRESIDENT O'MARA:(Gaveling.)
(Continued interruption.)
ACTING PRESIDENT O'MARA:Senator DeFrancisco, those amendments are received and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: The last one I have, on page 49 I offer the following amendments to Senator Murphy's bill, Calendar Number 1220, Senate Print Number 4178, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: If we can now take up a resolution that was previously adopted, Number 2467, by Senator Serino, read the title only, and then recognize Senator Serino, please.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Legislative Resolution 2467, by Senator Serino, memorializing Governor Andrew M. Cuomo to proclaim June 15, 2015, as Elder Abuse Awareness Day in the State of New York.
ACTING PRESIDENT O'MARA:Senator Serino on the resolution.
SENATOR SERINO:Thank you, Mr. President.
I just want to take a minute to thank my colleagues for recognizing the importance of World Elder Abuse Day.
I have to tell you, before becoming the Aging chair, like so many in our communities I had no idea just how serious the elder abuse epidemic truly is. In fact, I have some statistics.
Nearly 5 million cases of elder abuse occur each year in the U.S., but researchers estimate that 85 percent of those incidents go unreported. Financial abuse alone costs older Americans over $2.6 billion each year. Data on elder abuse suggests that only around one in 14 incidents come to the attention of authorities, and a major part of that is because too often the abusers are family, friends, caregivers and neighbors.
These statistics are staggering and heart-wrenching. Our seniors have spent their lives building and shaping the state we know and love today. And frankly, the thought of someone ruthlessly taking advantage of them when they're at their most vulnerable is enraging.
As the Aging chair, I am constantly working on legislative solutions to the problem, and I know that we are going to pass a few bills today that will go a long way in curbing abuse. However, one of my main goals is to raise awareness for the issue, because I sincerely believe that the key to combating elder abuse is education and prevention.
I thank all of you today for making this issue a priority and for taking this time to pause and reflect on its importance. Our seniors play an invaluable role in the fabric of our society, and we have a responsibility to ensure that they live out their lives, and enjoy the communities that they have built, safe from abuse.
Thank you.
ACTING PRESIDENT O'MARA:Senator DeFrancisco.
SENATOR DeFRANCISCO: All right, if we can now take up previously adopted Resolution 2817, by Senator Klein, read the title only, and then recognize Senator Klein. Actually --
ACTING PRESIDENT O'MARA:I think there's two titles to read, Senator.
SENATOR DeFRANCISCO: Yes, actually there's two resolutions. The other one is -- if you'd please also take up Resolution 2807, also by Senator Klein, 2807, read the title only, and then recognize Senator Klein.
Thank you.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2817, by Senator Klein, commemorating the 3rd Annual Bronx Day in Albany celebration.
And Legislative Resolution Number 2807, by Senator Klein, honoring Detective Victor DiPierro upon the occasion of his retirement after 20 years of dedicated service to the 49th Precinct New York City Police Department.
ACTING PRESIDENT O'MARA:Senator Klein on the resolutions.
SENATOR KLEIN:Thank you, Mr. President.
I will combine both Bronx Day and the resolution on Vic DiPierro, because I think really they're one and the same.
Today is the third annual Albany Bronx Day. We had a luncheon today. We have a Taste of the Bronx event this evening, which everyone is welcome to. And it really is our way of showing that there is a new Bronx, a completely different Bronx.
And today we highlighted some of our small businesses, our Chamber of Commerce, and all of the activity that's taking place in our county.
You know, I think one of the reasons why the Bronx is once again successful is that while everyone talks about diversity, the Bronx has proved it day after day, year after year. It's still people coming to the Bronx for the very same reason why my grandfather, who came here from Hungary, came to the Bronx, opened up a small kosher butcher shop on Westchester and Manor Avenue, with the American dream that not only are you going to do better in America and the Bronx, but your family is going to do better as well.
That still holds true today. While we have different ethnic and religious groups coming to the Bronx, they all come here with the same reason, for a better life. And they have really rejuvenated the Bronx in so many ways.
We have major shopping malls being built all over the Bronx. We of course have the Bronx Zoo, Yankee Stadium, and the Botanical Gardens, but now we have the first ever Trump Golf Course in the Bronx. So that's a real statement that this certainly is the new Bronx.
At the same time, unfortunately, we're saying farewell in the Bronx, in the 49th Precinct, my home precinct, to someone who is very special not only to the 49th Precinct but to the Bronx as a whole. Victor DiPierro, who is the community affairs officer in the 49th Precinct, is retiring after 20 years of dedicated service.
You know, we all talk about community-police relations, you know, how we can have the community have input on what the police do. Well, Vic DiPierro has lived that his entire career. You know, before becoming a police officer he lived in the Bronx, lived in the Pelham Bay community his entire life. His parents lived in the building as well. As a matter of fact, I happened to be at the building for a tenant meeting just the other night, 1950 Hutchinson River Parkway in the Pelham Bay section of the Bronx.
And I think in the Pelham Bay community, Victor learned some very important lessons. He learned how to respect the community, how to respect family.
And when we talk about, again, what do we do about police-community relations, everyone always talks very fondly about the old cop on the beat. You know, the cop that walks up and down the local commercial strip, walks down or rides down residential communities. Well, Victor DiPierro has done that his entire 20 years with the NYPD. He knows everyone on the block. He knows all the merchants. He knows all the kids. If someone is acting up, he'll call the family and explain what their kid did he know in Loreto Park at 11 o'clock on a Saturday night.
He also understands how to deal with serious crimes -- drug problems in certain areas, gang violence. You know, he really runs the gamut and stands tall as what an NYPD officer should really be. And he's somebody who I think really epitomizes what we need more of, especially in law enforcement in New York City.
You can also see Victor, you know, on a Saturday morning, not on duty, in jeans, painting graffiti from walls. That's always been, you know, one of his passions. And he got tired of always cleaning the graffiti, as you know, and then it comes back again.
So the two of us put together a court watcher program, where we actually made sure that people from the community were there in court when you had a chronic graffiti offender defacing public property actually got some jail time. And we were very successful in sending a message in our community that this crime, and it is a crime, won't be tolerated.
So I know I'm going to miss Victor, because I'm going to miss his presence. You see him anytime, you know, on his bike or on his scooter or in a patrol car, because he really was the eyes and ears of his community.
I wish he could spend more time with us in the community, but 20 years with the NYPD is long and dedicated service. I'm sure he deserves a rest. But I'm sure, knowing Victor, he'll still be around on Saturday mornings, with his jeans, painting graffiti in the community.
So again, I hope everyone will recognize Victor. Because when we recognize Victor today, we're sending a message that we belief in law enforcement and we believe in the type of law enforcement that Victor represents.
Thank you for your service, Victor DiPierro.
(Standing ovation.)
ACTING PRESIDENT O'MARA:Senator Serrano on the resolution.
SENATOR SERRANO:Thank you very much, Mr. President.
And I'd like to thank Senator Klein for this Bronx Day resolution. It's so significant when you consider the meteoric rise that the Bronx has seen in the last number of years.
But this is a place that Senator Klein and I have always called home. It's been such a historic, beautiful place to live and for me and my wife to raise our two children.
The Bronx boasts some of the most incredible historic and cultural attractions, has many great sporting facilities, including Yankee Stadium in my district, has some of the most impressive old-growth forest parks anywhere in the Northeast and some of the most prestigious colleges and places of higher learning.
And I really challenge everyone to sort of reimagine the Bronx. Reimagine it in a way that is actually much more truthful to the current state and to the way that frankly, in my eyes, it's always been. It's always been a wonderful place.
But I think that having a Bronx Day celebration like we're having today in Albany helps people to further understand the strides that have been made, the growth that has happened there, and the changes that have gone on to make the Bronx an even greater place to live and raise a family.
So I congratulate Senator Klein on this resolution.
ACTING PRESIDENT O'MARA:Senator Rivera on the resolution.
SENATOR RIVERA:Thank you, Mr. President.
I also want to thank Senator Klein not only for bringing the resolution regarding Bronx Day, but for bringing Vic to us today. It was a very pleasant surprise. I did not know that this gentleman was going to be among us.
I remember just a few weeks ago there was a celebration of one of the -- the 49th Precinct Council breakfast, which is one of the most well-attended community council breakfasts in the Bronx. I have the privilege, because of the way my district is drawn, I represent many precincts across the Bronx.
And with Vic, I'm very happy to see him. Number one, I can't believe -- and I'm glad that you stood up and have people see you, because I still can't believe that you have served in the police department for 20 years. You must started when you were 12 or something like that, because you still look fantastic.
And what Senator Klein said is absolutely on the money. When we're talking about police-community relations, this is a gentleman that defines that, whose every action that he takes, you know that he is somebody that takes his job very seriously, understands that to have safe communities you must have a close relation between the community and the police precinct, and demonstrates through his actions that there are times when, if we work along with the police department, communities can be safe.
So I stand with Senator Klein, thank him again for bringing this resolution here, thank Vic for coming up here.
And I'm going to ask him one more time to stand up so people can look at him and be like, he really spent 20 years in the police department? I don't believe it, but thank you for your service, sir, and I applaud you again.
Thank you, Mr. President.
(Applause.)
ACTING PRESIDENT O'MARA:Senator Hamilton on the resolution.
SENATOR HAMILTON:Yes, I just want to thank Senator Klein for introducing this resolution.
I grew up in the Bronx, I grew up in the South Bronx, it's my first home that I love dearly. And my family still lives in the Bronx. So we always say we're going from B to B, from the Bronx to Brooklyn.
And I just want to commend the officer for his due diligence and work to our great city, and putting his life on the line. I was also a graduate of the Civilian Police Academy. And going through that process, I really appreciate the work of police officers, that they put their lives on the line for us every day, day in and day out. And a lot of times I wish we put more money into mental health, because a lot of the people that you have to deal with have mental health issues.
And thank you, thank God that we have you on our side.
So I just want to say "Viva La Bronx," my home away from home. And to my alma mater, Cardinal Hayes High School, that made me who I am today -- Senator Serrano and myself are all graduates of Cardinal Hayes High School, a good parochial education. And I think back then they did have the paddle at the school.
So I just want to say thank you, Senator Klein, for introducing this resolution. You're doing great things in the Bronx. The Bronx has come a long way. It is now the beacon of urban development as far as Yankee Stadium, as far as the hotels being built, new construction, City Island.
And I just want to say to the Bronx borough president, the real Bronx borough president, Senator Díaz --
(Laughter.)
SENATOR HAMILTON:-- and his son, and also congratulate Mr. Díaz for being the father or the grandfather of Bronx politics and making the Bronx what it is today, for your leadership in the clergy, your leadership in politics. You know, we bless you for making the Bronx what it is today. And one day there should be a statue of you in the Bronx, of Ruben Díaz, Sr.
Thank you very much.
ACTING PRESIDENT O'MARA:Is that statue with or without his hat on?
(Laughter.)
ACTING PRESIDENT O'MARA:Thank you, Senator.
And thank you, Detective DiPierro, for being with us here today in the Senate. We welcome you and we thank you for your service of 20 years to the NYPD and to the 49th Precinct. Thank you very much.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'd like to hand up committee assignments. And I see that you have them and they are received.
ACTING PRESIDENT O'MARA:The assignments are received.
SENATOR DeFRANCISCO: Okay, at this point I'd like to --
ACTING PRESIDENT O'MARA:And filed with the Journal Clerk.
SENATOR DeFRANCISCO: Okay. I'd like to at this time call a Rules Committee meeting, immediate Rules Committee meeting in Room 332.
ACTING PRESIDENT O'MARA:The Rules Committee will meet immediately in Room 332.
SENATOR DeFRANCISCO: And we'll stand at ease.
ACTING PRESIDENT O'MARA:The Senate will stand at ease.
SENATOR DeFRANCISCO: Or sit at ease, whatever you prefer.
(Whereupon, the Senate stood at ease at 3:17 p.m.)
(Whereupon, the Senate reconvened at 3:52 p.m.)
SENATOR DeFRANCISCO: Mr. President, the Rules Committee meeting is over. As they're starting to come back, I'd like to call an immediate meeting of the Health Committee in Room 332, to take up a nomination.
ACTING PRESIDENT O'MARA:There will be an immediate meeting of the Health Committee in Room 332.
SENATOR DeFRANCISCO: Before we stand at ease, can we go to motions and resolutions.
ACTING PRESIDENT O'MARA:Motions and resolutions.
SENATOR DeFRANCISCO: On page 58, I offer the following amendments to Calendar Number 1411, Senate Print Number 4784B, by Senator Young, and ask that the bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: Would you please recognize Senator Serrano.
ACTING PRESIDENT O'MARA:Senator Serrano.
SENATOR SERRANO:Thank you, Mr. President.
I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause: Senate Bill 5889, by Senator Addabbo.
ACTING PRESIDENT O'MARA:So ordered.
SENATOR DeFRANCISCO: Now may we stand at ease.
ACTING PRESIDENT O'MARA:The Senate will return to ease.
(Whereupon, the Senate stood at ease at 3:54 p.m.)
(Whereupon, the Senate reconvened at 4:23 p.m.)
ACTING PRESIDENT O'MARA:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, I understand there is a report from the Rules Committee at the desk.
ACTING PRESIDENT O'MARA:There is a report at the desk.
The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 248B, by Senator Martins, an act to amend the Education Law;
Senate 979B, by Senator Montgomery, an act to amend the Correction Law;
Senate 1149B, by Senator O'Mara, an act to amend the Social Services Law;
Senate 1631, by Senator Bonacic, an act to amend the General Municipal Law;
Senate 1983, by Senator Young, an act to amend the Social Services Law;
Senate 2418, by Senator Perkins, an act to amend the Penal Law;
Senate 2484A, by Senator Gianaris, an act to amend the Penal Law;
Senate 2631, by Senator Dilan, an act to authorize;
Senate 2656, by Senator Parker, an act to amend the Economic Development Law;
Senate 2691, by Senator Golden, an act to amend the Social Services Law;
Senate 2925, by Senator DeFrancisco, an act to amend the General Obligations Law;
Senate 3106, by Senator Ritchie, an act to amend the Environmental Conservation Law;
Senate 3440A, by Senator Young, an act to amend the Agriculture and Markets Law;
Senate 3481B, by Senator Lanza, an act to restrict;
Senate 3528, by Senator Kennedy, an act in relation to authorizing;
Senate 3776, by Senator Sanders, an act to amend the Education Law;
Senate 4051A, by Senator Lanza, an act to amend the Education Law;
Senate 4523A, by Senator Ortt, an act to amend the Executive Law;
Senate 4627A, by Senator Lanza, an act to amend the Real Property Tax Law;
Senate 4739A, by Senator Hannon, an act to amend the Education Law;
Senate 4742, by Senator Funke, an act to amend the Education Law;
Senate 4782, by Senator Martins, an act to amend Chapter 435 of the Laws of 2011;
Senate 4856, by Senator Croci, an act to amend the State Finance Law;
Senate 4882, by Senator Ortt, an act to amend the General Business Law;
Senate 4897, by Senator Stewart-Cousins, an act to amend the Public Authorities Law;
Senate 4900A, by Senator Seward, an act to amend the Penal Law;
Senate 4911A, by Senator Venditto, an act to amend the Education Law;
Senate 4920A, by Senator Farley, an act to amend the Religious Corporations Law;
Senate 4934, by Senator Ranzenhofer, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law;
Senate 4935A, by Senator Ranzenhofer, an act to amend the Public Health Law;
Senate 4946, by Senator Comrie, an act to amend the Tax Law;
Senate 4980, by Senator Murphy, an act to authorize;
Senate 5018A, by Senator Felder, an act to amend the Family Court Act;
Senate 5036, by Senator Felder, an act to amend the Education Law;
Senate 5062A, by Senator Seward, an act to authorize;
Senate 5063A, by Senator Seward, an act to authorize;
Senate 5078, by Senator Murphy, an act to amend the Environmental Conservation Law;
Senate 5086, by Senator Griffo, an act to amend the Public Health Law;
Senate 5091, by Senator Ritchie, an act to amend the Social Services Law;
Senate 5179C, by Senator Skelos, an act to authorize;
Senate 5181B, by Senator Nozzolio, an act to amend the Environmental Conservation Law;
Senate 5258A, by Senator Felder, an act to amend the Family Court Act;
Senate 5270, by Senator Little, an act to amend the Mental Hygiene Law;
Senate 5283A, by Senator Martins, an act to amend the State Finance Law;
Senate 5379A, by Senator Bonacic, an act to allow;
Senate 5418, by Senator Murphy, an act to amend the State Administrative Procedure Act;
Senate 5419, by Senator Serino, an act to amend the Social Services Law;
Senate 5444, by Senator LaValle, an act to amend the Economic Development Law;
Senate 5464, by Senator Golden, an act to amend the Environmental Conservation Law;
Senate 5467A, by Senator Felder, an act to amend Chapter 548 of the Laws of 2010;
Senate 5485A, by Senator Klein, an act to amend the Vehicle and Traffic Law;
Senate 5492, by Senator Marcellino, an act to amend the State Finance Law;
Senate 5500, by Senator Serino, an act creating;
Senate 5506A, by Senator Savino, an act to amend the Personal Property Law;
Senate 5509, by Senator Robach, an act to amend Chapter 633 of the Laws of 2006;
Senate 5516A, by Senator LaValle, an act to amend the Environmental Conservation Law;
Senate 5539, by Senator Amedore, an act to authorize;
Senate 5540A, by Senator Murphy, an act to amend the Social Services Law;
Senate 5544A, by Senator Ritchie, an act to amend the Mental Hygiene Law;
Senate 5564, by Senator Ortt, an act in relation to allowing;
Senate 5572, by Senator Valesky, an act to amend the Workers' Compensation Law;
Senate 5637, by Senator Seward, an act to amend the Vehicle and Traffic Law;
Senate 5669A, by Senator Marcellino, an act relating to legalizing, validating, ratifying and confirming;
Senate 5677, by Senator Griffo, an act to amend the Criminal Procedure Law;
Senate 5702, by Senator Serino, an act to amend the Elder Law;
Senate 5707A, by Senator Ritchie, an act to amend the Alcoholic Beverage Control Law;
Senate 5714, by Senator LaValle, an act to amend the Environmental Conservation Law;
Senate 5717, by Senator Libous, an act to amend Chapter 455 of the Laws of 2011;
Senate 5731, by Senator Robach, an act to amend Chapter 371 of the Laws of 2009;
Senate 5733, by Senator Young, an act to amend the Public Health Law;
Senate 5758, by Senator Seward, an act to amend Chapter 440 of the Laws of 2012;
Senate 5769, by Senator LaValle, an act to amend Chapter 434 of the Laws of 1999;
Senate 5773, by Senator Marcellino, an act to amend Section 16 of Part A of Chapter 173 of the Laws of 2013;
Senate 5792, by Senator Marchione, an act to amend the Criminal Procedure Law;
Senate 5802, by Senator Serino, an act to amend the Environmental Conservation Law;
Senate 5803, by Senator Serino, an act to amend the Public Health Law;
Senate 5804, by Senator Serino, an act to amend the Education Law;
Senate 5813B, by Senator Serrano, an act to amend Chapter 899 of the Laws of 1984;
Senate 5832A, by Senator Nozzolio, an act to amend the Criminal Procedure Law;
Senate 5905, by Senator Serino, an act to amend the Executive Law;
Senate 5953, by the Senate Committee on Rules, an act to amend Chapter 576 of the Laws of 1974;
And Senate 5954, by Senator Flanagan, an act to amend Chapter 56 of the Laws of 2015.
All bills reported direct to third reading.
ACTING PRESIDENT O'MARA:Senator DeFrancisco.
SENATOR DeFRANCISCO: I move to accept the report of the Rules Committee.
ACTING PRESIDENT O'MARA:The motion is to accept the report of the Rules Committee. All those in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT O'MARA:Opposed, nay.
(No response.)
ACTING PRESIDENT O'MARA:The report is accepted.
SENATOR DeFRANCISCO: Would you please begin the reading of the noncontroversial calendar for today, the active list.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Calendar Number 131, by Senator Martins, Senate Print 1257, an act to amend the Real Property Tax Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 143, by Senator Gallivan, Senate Print 69, an act to amend the Public Officers Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 174, by Senator Valesky, Senate Print 639, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 213, by Senator Flanagan, Senate Print 3912A, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 279, by Senator Gallivan, Senate Print 93A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 18. This act shall take effect on the first of November.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 57. Nays, 4. Senators Espaillat, Hoylman, Perkins and Serrano recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 323, substituted earlier by Member of the Assembly Steck, Assembly Print 6131A, an act to amend the Insurance Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 325, substituted earlier by Member of the Assembly Markey, Assembly Print Number 5057A, an act to amend the General Municipal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect July 1, 2015.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 334, by Senator Addabbo, Senate Print 2842A, an act to amend the Civil Service Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 385, by Senator Ortt, Senate Print 3124A, an act to amend the Transportation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 396, by Senator Hannon, Senate Print 4327A, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 401, by Senator Libous, Senate Print 1479B, an act to amend the General Obligations Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:In relation to Calendar 401, those recorded in the negative are Senators Avella, Comrie, Dilan, Espaillat, Hoylman, Perkins, Rivera and Squadron. Also Senator Sanders.
Ayes, 52. Nays, 9.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 411, by Senator LaValle, Senate Print 486, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of July.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 418, substituted earlier by Member of the Assembly Gunther, Assembly Print Number 5619, an act to amend the General City Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 424, by Senator Gallivan, Senate Print 4780A, an act to amend the Executive Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 437, substituted earlier by Member of the Assembly Dinowitz, Assembly Print Number 3601, an act to amend the Election Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 458, by Senator Griffo, Senate Print 4862B, an act to amend the General Business Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 482, by Senator Seward, Senate Print 3287, an act to amend the Insurance Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Krueger to explain your vote.
SENATOR KRUEGER:Thank you, Mr. President.
So this bill has come before us for a number of years. And while there are parts of it that I can support, the fundamental concern I have is that if we join this compact and our insurance protections are stronger than the compact's national model, we are actually giving up our right to have stronger consumer protections in insurance law.
And the discussion has gone on about if we're at the table with the other states in the compact, we can speak out for the stronger consumer protections. And I like to be at the table with other states on national issues, but since we in the State of New York have the ability to have stronger consumer protections for our insurance laws, I think we're better off keeping our stronger protections.
And so I vote no on the compact.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Senator Krueger to be recorded in the negative.
Announce the result.
THE SECRETARY:In relation to Calendar Number 482, those recorded in the negative are Senators Comrie, Espaillat, Hassell-Thompson, Hoylman, Krueger, Montgomery, Panepinto, Parker, Perkins and Sanders.
Ayes, 52. Nays, 10.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 521, by Senator Funke, Senate Print 4234A, an act in relation to legalizing, validating, ratifying and confirming.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 524, substituted earlier by Member of the Assembly Gunther, Assembly Print Number 5519C, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 547, by Senator LaValle, Senate Print 4969A, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 557, by Senator Klein, Senate Print 852, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 567, by Senator Golden, Senate Print 4046, an act to amend the Executive Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 567, those recorded in the negative are Senators Díaz, Hassell-Thompson, Montgomery, Parker, Perkins and Rivera.
Ayes, 56. Nays, 6.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 583, by Senator Ranzenhofer, Senate Print 3600, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 583, those recorded in the negative are Senators Comrie, Gianaris, Hassell-Thompson, Montgomery, Parker, Perkins, Rivera and Sanders. Also Senator Krueger. Also Senator Squadron. Also Senator Hoylman. Also Senator Hamilton.
Ayes, 50. Nays, 12.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 584, by Senator Croci, Senate Print 3989A, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 588, substituted earlier by Member of the Assembly Weinstein, Assembly Print 6024A, an act to amend the Estates, Powers and Trusts Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 589, substituted earlier by Member of the Assembly Kaminsky, Assembly Print 6265, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 590, by Senator Bonacic, Senate Print 5189, an act to amend the Domestic Relations Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 591, substituted earlier by Member of the Assembly Weinstein, Assembly Print 7221, an act to amend the Domestic Relations Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
SENATOR DeFRANCISCO: Excuse me. What bill are we on?
ACTING PRESIDENT O'MARA:591.
SENATOR DeFRANCISCO: 591? Negative.
ACTING PRESIDENT O'MARA:Senator DeFrancisco to be recorded in the negative.
Announce the result.
THE SECRETARY:Ayes, 60. Nays, 2. Senators Croci and DeFrancisco recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 591, those recorded in the negative are Senators Croci, DeFrancisco, Griffo, Marchione, Murphy, Ortt, Robach and Skelos.
Ayes, 54. Nays, 8.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 592, substituted earlier by Member of the Assembly Braunstein, Assembly Print 6263, an act to amend the Estates, Powers and Trusts Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 594, by Senator Flanagan, Senate Print 1998, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 604, substituted earlier by Member of the Assembly Persaud, Assembly Print 6969, an act to amend Chapter 20 of the Laws of 1998.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 608, by Senator LaValle, Senate Print 2927, an act to amend Chapter 330 of the Laws of 2011.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 619, by Senator Martins, Senate Print 4725A, an act in relation to permitting.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 641, by Senator Felder, Senate Print 3938, an act to amend the Family Court Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 662, by Senator Ranzenhofer, Senate Print 4828, an act to amend the New York State Urban Development Corporation Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 674, by Senator Serino, Senate Print 4339, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 674: Ayes, 60. Nays, 2. Senators Perkins and Rivera recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 679, by Senator Gallivan, Senate Print 5023A, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
Calendar Number 680 has been amended and is high. It is laid aside for the day.
THE SECRETARY:Calendar Number 681, by Senator Young, Senate Print 1980, an act to amend the Labor Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 681, those recorded in the negative are Senators Avella, Comrie, Espaillat, Montgomery, Hamilton, Hassell-Thompson, Hoylman, Krueger, Peralta, Perkins, Rivera, Sanders, Serrano and Squadron.
Ayes, 48. Nays, 14.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 683, substituted earlier by Member of the Assembly Peoples-Stokes, Assembly Print 7721, an act to amend the Labor Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect one year after it shall have become a law.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 688, by Senator Seward, Senate Print 5249, an act to amend the Insurance Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Comrie recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 690, by Senator Robach, Senate Print 4726, an act to amend the Domestic Relations Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 727, by Senator Marcellino, Senate Print 457, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 740, by Senator Stewart-Cousins, Senate Print 5187A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 743, substituted earlier by Member of the Assembly Buchwald, Assembly Print 114, an act to amend the Public Officers Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 819, by Senator Hannon, Senate Print 1641, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 823, by Senator Funke, Senate Print 4743, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 870, by Senator Felder, Senate Print 5035, an act to amend the Executive Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:On page 32, Senator DeFrancisco moves to discharge, from the Committee on Rules, Assembly Bill Number 7509 and substitute it for the identical Senate Bill Number 5299, Third Reading Calendar 873.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 873, by Member of the Assembly Farrell, Assembly Print Number 7509, an act to amend the State Finance Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 881, by Senator Lanza, Senate Print 4631, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 881, those recorded in the negative are Senators Díaz, Dilan, Espaillat, Gianaris, Hamilton, Montgomery, Peralta, Perkins, Rivera, Stavisky and Stewart-Cousins.
SENATOR HASSELL-THOMPSON:Point of order, Mr. President.
ACTING PRESIDENT O'MARA:Senator Hassell-Thompson to explain your vote?
SENATOR HASSELL-THOMPSON:No, I was trying to -- I was acknowledging that I'm very good friends with someone who has one of the contracts for this for New York City, and I did not want to vote against it or for it. And I wanted permission to abstain.
ACTING PRESIDENT O'MARA:Without objection, you may abstain, Senator.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
THE SECRETARY:Also Senator Latimer was recorded in the negative.
Ayes, 49. Nays, 12.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 888, by Senator Ritchie, Senate Print 519A, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 891, by Senator Libous, Senate Print 828, an act to amend the Highway Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:In relation to Calendar 891, those recorded in the negative are Senators DeFrancisco, Díaz, Dilan, Espaillat, Funke, Griffo, Hamilton, Krueger, Montgomery, Murphy, Ortt, Panepinto, Peralta, Perkins, Rivera, Serino, Serrano and Stavisky.
Ayes, 44. Nays, 18.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 899, by Senator Carlucci, Senate Print 1975, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 902, by Senator Martins, Senate Print 2593, an act to amend the Labor Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 918, by Senator Carlucci, Senate Print 2721, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Krueger, you wish to explain your vote?
SENATOR KRUEGER:Thank you, Mr. President.
So this is one of the bills that grew out of a task force of the Majority Conference last year, I believe. And this bill, while it has a lot of language that sounds like maybe it makes sense, really would allow any group of people to petition to not have to follow the state regulations.
So if enough of us were polluting and we didn't like being told the regulations said we couldn't pollute, we could actually override in some way the regulations to stop us from polluting.
There's a reason we pass bills here on the floor of the Senate, try to get them to become the laws of the state, and then have agencies pass regulations to ensure those laws have an impact. You don't really want to undo that process through groups of people petitioning that they don't like the regulations.
We should come back to the Senate and the Assembly and change the statutes if they're not working correctly. I vote no.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:In relation to Calendar 918, those recorded in the negative are Senators Addabbo, Avella, Comrie, Gianaris, Hassell-Thompson, Hoylman, Krueger, Montgomery, Panepinto, Rivera, Sanders, Serrano, Squadron. Also Senator Hamilton. Also Senator Stavisky. Also Senators Peralta and Stewart-Cousins. Also Senator Perkins.
Ayes, 44. Nays, 18.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 919, by Senator Murphy, Senate Print 4034, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 919, those recorded in the negative are Senators Comrie, Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Panepinto, Perkins, Rivera and Sanders.
Ayes, 52. Nays, 10.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 922, by Senator Murphy, Senate Print 4328, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 922, those recorded in the negative are Senators Hoylman, Perkins, Sanders and Squadron.
Ayes, 58. Nays, 4.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 925, by Senator LaValle, Senate Print 5226, an act to amend the Alcoholic Beverage Control Law.
SENATOR DeFRANCISCO: Lay it aside for the day, please.
ACTING PRESIDENT O'MARA:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 928, by Senator Marchione, Senate Print 1197, an act to amend the Tax Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT O'MARA:The bill is laid aside.
THE SECRETARY:Calendar Number 934, substituted earlier by Member of the Assembly Duprey, Assembly Print 7256, an act to amend the Indian Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 935, substituted earlier by Member of the Assembly Perry, Assembly Print Number 7520, an act to amend Chapter 479 of the Laws of 2011.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 939, by Senator Gallivan, Senate Print 394, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Krueger and Squadron recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 951, by Senator Nozzolio, Senate Print 5598, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 951, those recorded in the negative are Senators Comrie, Gianaris, Hamilton, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders, Serrano and Squadron.
Ayes, 51. Nays, 11.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 953, substituted earlier by Member of the Assembly Kaminsky, Assembly Print Number 7319, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 953, those recorded in the negative are Senators Comrie, Montgomery and Perkins.
Ayes, 59. Nays, 3.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 962, by Senator Valesky, Senate Print 641, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 967, by Senator O'Mara, Senate Print 1445, an act to amend the Tax Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Krueger to explain your vote.
SENATOR KRUEGER:Thank you, Mr. President.
When we give tax incentives it's to incentivize certain activities. In 2015, the State of New York should and does incentivize sustainable energy that does not cause climate change.
I'm sorry, even though everyone thinks that petroleum products are too expensive, the goal is to remove people -- to get people to stop using petroleum products, not to give them tax incentives to continue to use petroleum products. We should not be passing any fossil fuel incentives at this point in time.
I vote no.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Senator Krueger to be recorded in the negative.
Senator Hoylman to explain your vote.
SENATOR HOYLMAN:Mr. President, I wanted to reiterate my colleague's thoughts.
You know, the Pope just announced this week that he will be issuing an encyclical on the need for humanity to address manmade climate change. And I think -- far be it from me to suggest that the State Senate of New York should do the same thing, but with this bill I think we're going in the opposite direction. So I'll be voting no.
Thank you.
ACTING PRESIDENT O'MARA:Senator Hoylman to be recorded in the negative.
Announce the result.
THE SECRETARY:In relation to Calendar 967, those recorded in the negative are Senators Addabbo, Avella, Breslin, Comrie, Díaz, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Kennedy, Krueger, Latimer, Montgomery, Panepinto, Peralta, Perkins, Rivera, Sanders, Savino, Serrano, Squadron, Stavisky and Stewart-Cousins.
Ayes, 37. Nays, 25.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1009, by Senator Gallivan, Senate Print 5286, an act to amend the Family Court Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 90th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1012, by Senator Ortt, Senate Print 2693, an act to amend the Public Authorities Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2016.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1017, by Senator Dilan, Senate Print 999, an act to amend the Highway Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1025, by Senator Valesky, Senate Print 5335A, an act to amend the Highway Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1036, by Senator Golden, Senate Print 4916A, an act to amend the General Business Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:On page 39, Senator Venditto moves to discharge, from the Committee on Rules, Assembly Bill Number 7691 and substitute it for the identical Senate Bill Number 4996, Third Reading Calendar 1037.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1037, substituted earlier by Member of the Assembly Schimminger, Assembly Print Number 7691, an act to amend the General Business Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1038, by Senator Little, Senate Print 1229A, an act to amend the Arts and Cultural Affairs Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 60th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Avella recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1044, by Senator Funke, Senate Print 4732, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1048, by Senator Gallivan, Senate Print 4904, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, can we hold the rest of the reading of the noncontroversial calendar? Because we have a group here that Senator Farley would like to recognize.
And if we can return to motions and resolutions -- no, actually it's not. It's simply a mere introduction, but a very important introduction by Senator Farley.
Would you recognize Senator Farley.
ACTING PRESIDENT O'MARA:Senator Farley.
SENATOR FARLEY:Thank you, Mr. President.
This is a particular thrill for me because it's my hometown. And not only representing the number-one academic school district in the State of New York, but a school district that has really had quite an accomplishment. I'm introducing an congratulating the Niskayuna Boys Lacrosse Team and their coach, Mike Vorgang, for capturing the 2015 New York State Class A Lacrosse Championship.
After completing an incredible season of 21 and 2, they defeated the West Genesee High School by a score of 13-10 in the title game. Not only, Mr. President, was this a historic victory for the first-ever New York State lacrosse title for Niskayuna, but it's the first state lacrosse championship of any Section II team.
You know, we're very proud of this remarkable accomplishment. But the time and training and discipline that goes into excelling in this very tough sport -- all of you have competed against many other very accomplished schools, and I know that you've brought a lot of pride to our area.
But you know, I have to say that Niskayuna and Coach Vorgang, we congratulate you, you've done a superb job. And you've taught the values of teamwork, sportsmanship, and you serve as role models for everybody in the state. But particularly we in Niskayuna are very, very proud of you. The Silver Warriors are champions. And,
Mr. President, I'd ask them to all stand up, these outstanding athletes, and give them the congratulations that they deserve from this house.
(Standing ovation.)
ACTING PRESIDENT O'MARA:Senator DeFrancisco on the same topic.
SENATOR DeFRANCISCO: Yes, I have to rise because West Genesee is in my district. But since they won the championship a couple times, or maybe more, they've really been an incredible team for many, many years, you deserve great credit for beating them and becoming champs.
Now let's see if you can have a streak, the same type of streak. And now it's your turn. And best of luck in the future.
Thank you.
(Applause.)
ACTING PRESIDENT O'MARA:In relation to Calendar Number 1048, the bill was passed.
The Secretary will read.
THE SECRETARY:On page 40, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 7814 and substitute it for the identical Senate Bill Number 4905, Third Reading Calendar 1049.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1049, by Member of the Assembly Sepulveda, Assembly Print 7814, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1050, by Senator Golden, Senate Print 5000A, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 14. This act shall take effect on the first of November.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1050, those recorded in the negative are Senators Montgomery, Perkins and Rivera.
Ayes, 59. Nays, 3.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1051, by Senator Hannon, Senate Print 1054, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1052, substituted earlier by Member of the Assembly Gottfried, Assembly Print Number 2150, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1054, by Senator Griffo, Senate Print 1789, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1055, substituted earlier by Member of the Assembly Paulin, Assembly Print Number 134, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1064, substituted earlier by Member of the Assembly Gunther, Assembly Print Number 7202A, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1083, by Senator Marcellino, Senate Print 5138A, an act --
SENATOR DeFRANCISCO: Lay the bill aside for the day, please.
ACTING PRESIDENT O'MARA:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1090, by Senator Gallivan, Senate Print 5349, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1090, those recorded in the negative are Senators Comrie, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Rivera and Sanders.
Ayes, 53. Nays, 9.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1099, by Senator Farley, Senate Print 5251, an act to authorize.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1132, by Senator Valesky, Senate Print 624, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1132, those recorded in the negative are Senators Comrie, Dilan, Hoylman, Krueger, Montgomery, Panepinto, Perkins, Rivera and Squadron.
Ayes, 53. Nays, 9.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1160, by Senator Lanza, Senate Print 3343, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1160, those recorded in the negative are Senators DeFrancisco, Hamilton, Krueger, Montgomery, Parker and Perkins.
Ayes, 56. Nays, 6.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:On page 46, Senator Serino moves to discharge, from the Committee on Rules, Assembly Bill Number 7612A and substitute it for the identical Senate Bill Number 5328A, Third Reading Calendar 1176.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1176, by Member of the Assembly Cymbrowitz, Assembly Print Number 7612A, an act to amend the Elder Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1183, by Senator Comrie, Senate Print 4945, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Croci recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1188, by Senator Funke, Senate Print 4744, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1188, those recorded in the negative are Senators Espaillat, Hoylman, Perkins and Serrano. Also Senator Comrie.
Ayes, 57. Nays, 5.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1198, by Senator Boyle, Senate Print 5004A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1202, substituted earlier by Member of the Assembly Englebright, Assembly Print Number 7633, an act to amend Chapter 366 of the Laws of 2011.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1202, those recorded in the negative are Senators Espaillat, Hamilton, Hoylman, Krueger, Perkins and Serrano.
Ayes, 56. Nays, 6.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1223, by Senator Young, Senate Print 5326, an act to amend the Highway Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1225, by Senator O'Mara, Senate Print 5582, an act to amend the Highway Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1240, by Senator LaValle, Senate Print 4889, an act to amend the Village Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1241, by Senator Martins, Senate Print 5031A, an act to authorize.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Bonacic and O'Mara recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1243, by Senator Breslin, Senate Print 5222, an act authorizing.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1252, substituted earlier by Member of the Assembly Buchwald, Assembly Print Number 2439B, an act to amend the Town Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1288, by Senator LaValle, Senate Print 5113A, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1290, by Senator LaValle, Senate Print 5512, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1298, by Senator Klein, Senate Print 2308, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of November.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1310, substituted earlier by Member of the Assembly Buchwald, Assembly Print Number 6222, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1314, by Senator Seward, Senate Print 5153, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1315, by Senator DeFrancisco, Senate Print 5154A, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1316, substituted earlier by Member of the Assembly Gunther, Assembly Print Number 6529, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1324, substituted earlier by Member of the Assembly Weinstein, Assembly Print Number 7596, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1329, by Senator Savino, Senate Print 5296, an act to amend the Banking Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1331, substituted earlier by Member of the Assembly Linares, Assembly Print Number 7466, an act to amend Chapter 223 of the Laws of 1996.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1340, by Senator Marcellino, Senate Print 421, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1344, by Senator Bonacic, Senate Print 1601, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1344, those recorded in the negative are Senators Comrie, Espaillat, Parker and Perkins.
Ayes, 58. Nays, 4.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1366, by Senator Lanza, Senate Print 4515, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 90th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1366, those recorded in the negative are Senators Hassell-Thompson, Montgomery, Parker and Perkins.
Ayes, 58. Nays, 4.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1367, by Senator Lanza, Senate Print 4625, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1414, by Senator Skelos, Senate Print 4910, an act to authorize.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Bonacic and O'Mara recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator DeFrancisco, that concludes the noncontroversial reading of the calendar.
SENATOR DeFRANCISCO: Can we go to motions and resolutions, please.
ACTING PRESIDENT O'MARA:Motions and resolutions.
SENATOR DeFRANCISCO: I'd like to call up Senator Golden's bill, Print Number 3203, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Calendar Number 1391, by Senator Golden, Senate Print 3203, an act to amend the Penal Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT O'MARA:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill retains its place on Third Reading Calendar.
SENATOR DeFRANCISCO: On page 42, I offer the following amendments to Senator Marcellino's bill, Calendar 1083, Senate Print 5138A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The amendments are received, and the bill shall retain its place on the Third Reading Calendar.
SENATOR DeFRANCISCO: I'm going to make an announcement about something important. But when we get back, we're going to do the noncontroversial reading of the supplemental calendar and then get into the controversial readings of both.
But right now, to do some confirmations, there's an immediate meeting of the Finance Committee in Room 332. And we're going to stand at ease.
ACTING PRESIDENT O'MARA:There will be an immediate meeting of the Finance Committee in Room 332.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 5:37 p.m.)
(Whereupon, the Senate reconvened at 6:49 p.m.)
SENATOR DeFRANCISCO: Mr. President.
ACTING PRESIDENT O'MARA:Senator DeFrancisco.
SENATOR DeFRANCISCO: I understand there's a report of the Rules Committee at the desk. Excuse me. Just seeing if you were paying attention.
(Laughter.)
SENATOR DeFRANCISCO: There is a report from the Judiciary -- no, the Finance Committee, that's the one, at the desk. Could you please read.
ACTING PRESIDENT O'MARA:The Secretary will read the report of the Finance Committee.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination:
As Medicaid Inspector General, Dennis Rosen, of Albany.
SENATOR DeFRANCISCO: I move the nomination.
ACTING PRESIDENT O'MARA:All those in favor --
SENATOR DeFRANCISCO: Excuse me. Excuse me. I'm sorry, this is getting a little disjointed because we're bouncing from different things.
But I just wanted to mention, in moving the nomination very briefly, that there was unanimous support for this nominee in both the Health Committee and the Finance Committee.
Everybody has had dealings with him in his former position at the SLA, and he's done incredible things to reform the operations of that organization, which is an incredible accomplishment when you've got so many different legislators and critics that are out there, those people in government. And to get the support of everyone, and glowing support of everyone, is truly a great accomplishment.
And I for one, and everyone in that room, believes that he's a perfect nominee for the position that he's been nominated to, Medicaid Inspector General. And we're all confident he'll do a wonderful job.
So I move the nomination.
ACTING PRESIDENT O'MARA:Senator Farley to second the nomination.
SENATOR FARLEY:Yes, thank you, Mr. President. I know that a number of members had wanted to speak on this; I certainly do.
Dennis Rosen, not only did he have a fantastic academic career -- Brooklyn College and Harvard Law School -- he served for many years in the Attorney General's office chasing down fraud.
And I'll tell you, everybody said what a job he did for the Liquor Authority, an authority that really needed a lot of work. He was an administrator par excellence.
And he is moving into an area that the state really needs some attention, and that is in Medicaid fraud. I know that Senator Skelos once mentioned that if we could get 10 percent of the fraud there, it would be worth a billion dollars.
The state can use this money because these fraudulent people are stealing from the poor and those people that do need Medicaid. And there's a lot of challenges there. And this is one of the finest administrators the state has ever had.
And Dennis, we're looking forward to your term of office as the Inspector General for Medicaid. And I know that you're going to do a job like no one that has ever served there. I wish you well, and thank you for your service to the State of New York.
ACTING PRESIDENT O'MARA:Senator Hannon on the nomination.
SENATOR HANNON:Yes, thank you, Mr. President. I rise to second the nomination and to move confirmation of Dennis Rosen from this body.
Mr. Rosen was unanimously recommended for confirmation by the Health Committee. There were some extensive conversations and even more extensive praise, both as to what he had done at the SLA -- parenthetically, whenever in the old days we had mentioned the SLA, people had nothing but complaints. For four and a half, five years now, it's been a place where you can solve things and move forward items for your constituents.
Praise was also for the work of the OMIG. Mr. Rosen would be the third OMIG for the State of New York. It was a position that was crafted, created, championed by Senator Skelos and myself because we felt that there was a sustained need to recover monies for the state and there was also a sustained need to instill a confidence by the voters of this state, by the residents of this state, into a system that spends now $53 billion a year.
And in fact, since the number of people on Medicaid in this state has now grown to be over 6 million residents of the state -- so that's literally about a third of the state -- we need to have confidence in the system. We need to have confidence in the fiscal integrity of the system. We need to have confidence in the professional care that's delivered by the system.
And so someone like Mr. Rosen, who brings the accomplishments of running an agency, and before that being in the Attorney General's office, of being a prosecutor, and even before that in Legal Aid, being a defender, I think there's a well-rounded background that we can have confidence in. We look forward to working with him in his endeavors on behalf of the people of this state.
And so I would second the confirmation.
ACTING PRESIDENT O'MARA:Thank you, Senator Hannon.
Seeing no further Senators wishing to be heard, the question is on the motion to confirm Dennis Rosen as the Medicaid Inspector General of New York State. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT O'MARA:Opposed, nay.
(No response.)
ACTING PRESIDENT O'MARA:The motion is carried.
Congratulations, Dennis Rosen, on your confirmation as Medicaid Inspector General in the State of New York.
(Applause.)
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:As commissioner of the State Insurance Fund, Louis J. Roberti, of Katonah.
ACTING PRESIDENT O'MARA:Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. Roberti is not here today, but I move his nomination.
ACTING PRESIDENT O'MARA:The question is on the nomination of Louis Roberti as commissioner of the State Insurance Fund. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT O'MARA:Opposed, nay.
(No response.)
ACTING PRESIDENT O'MARA:The appointment is confirmed of Louis Roberti as commissioner of the State Insurance Fund of the State of New York.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, would you now do the noncontroversial reading of the supplemental calendar, Number 53A.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Calendar Number 1517, by Senator Martins, Senate Print 248B, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1518, Senator Montgomery moves to discharge, from the Committee on Crime Victims, Crime and Correction, Assembly Bill Number 3838B and substitute it for the identical Senate Bill Number 979B, Third Reading Calendar 1518.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1518, by Member of the Assembly Aubry, Assembly Print Number 3838B, an act to amend the Correction Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect in three years.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Gallivan recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1519, by Senator O'Mara, Senate Print 1149B, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
SENATOR DeFRANCISCO: Please lay the bill aside for the day.
ACTING PRESIDENT O'MARA:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1520, by Senator Bonacic, Senate Print 1631, an act to amend the General Municipal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 9. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 3. Senators Díaz, Espaillat and Krueger recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1521, by Senator Young, Senate Print 1983, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1521, those recorded in the negative are Senators Dilan, Gianaris, Hoylman, Krueger, Panepinto, Perkins, Rivera and Squadron.
Ayes, 54. Nays, 8.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1522, by Senator Perkins, Senate Print 2418, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1523, by Senator Gianaris, Senate Print 2484A, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
I want to thank my colleagues for voting on this bill. This is in response to three separate incidents in my district within the span of a year of people without proper driver's licenses hitting and killing children and senior citizens.
And I want to give a special thank you to Senator Nozzolio, who helped craft this bill through his committee and gave some very helpful recommendations on amendments, and also allowed it to pass through his committee.
So thank you to the Senator, and thank you to my colleagues.
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:Ayes, 61. Nays, 1. Senator O'Mara recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1524, Senator Dilan moves to discharge, from the Committee on Judiciary, Assembly Bill Number 2956 and substitute it for the identical Senate Bill 2631, Third Reading Calendar 1524.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1524, by Member of the Assembly Lentol, Assembly Print Number 2956, an act to authorize.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Croci recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1525, Senator Parker moves to discharge, from the Committee on Commerce and Economic Development, Assembly Bill Number 7593 and substitute it for the identical Senate Bill Number 2656, Third Reading Calendar 1525.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1525, by Member of the Assembly Richardson, Assembly Print 7593, an act to amend the Economic Development Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1526, by Senator Golden, Senate Print 2691, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 730th day after it shall have become a law.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1526: Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1527, by Senator DeFrancisco, Senate Print 2925, an act to amend the General Obligations Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1527, those recorded in the negative are Senators Comrie, Dilan, Gianaris, Hoylman, Krueger, Panepinto, Perkins, Rivera, and Squadron.
Ayes, 53. Nays, 9.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1528, by Senator Ritchie, Senate Print 3106, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Espaillat and Hoylman recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1529, by Senator Young, Senate Print 3440A, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1529, those recorded in the negative are Senators Espaillat, Hoylman and Perkins.
Ayes, 59. Nays, 3.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1530, by Senator Lanza, Senate Print 3481B, an to restrict.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1531, by Senator Kennedy, Senate Print 3528, an act in relation to authorizing.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1532, by Senator Sanders, Senate Print 3776, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1533, by Senator Lanza, Senate Print 4051A, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2 This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1534, Senator Ortt moves to discharge, from the Committee on Finance, Assembly Bill Number 3208A and substitute it for the identical Senate Bill 4523A, Third Reading Calendar 1534.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1534, by Member of the Assembly Peoples-Stokes, Assembly Print 3208A, an act to amend the Executive Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1535, by Senator Lanza, Senate Print 4627A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1536, by Senator Hannon, Senate Print 4739A, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 8. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1537, by Senator Funke, Senate Print 4742, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1538, by Senator Martins, Senate Print 4782, an act to amend Chapter 435 of the Laws of 2011.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1539, Senator Croci moves to discharge, from the Committee on Rules, Assembly Bill Number 7580 and substitute it for the identical Senate Bill Number 4856, Third Reading Calendar 1539.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1539, by Member of the Assembly Bichotte, Assembly Print Number 7580, an act to amend the State Finance Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1540, by Senator Ortt, Senate Print 4882, an act to amend the General Business Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of September.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1541, by Senator Stewart-Cousins, Senate Print 4897, an act to amend the Public Authorities Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1542, by Senator Seward, Senate Print 4900A, an act to amend the Penal Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1543, by Senator Venditto, Senate Print 4911A, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1544, by Senator Farley, Senate Print 4920A, an act to amend the Religious Corporations Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
SENATOR FARLEY:Just to explain my vote.
ACTING PRESIDENT O'MARA:Senator Farley to explain his vote.
SENATOR FARLEY:That's a rather significant piece of legislation. It will allow a religious cemetery -- Catholic, Jewish, whatever it might be -- to sell an abandoned lot that's been 75 years that they can't find any owners for it, they have to go find an owner. And any money that they get for that goes into the maintenance of the cemetery.
It's very significant. All the nonprofit cemeteries can do this now, but the religious cemeteries cannot. So it's very, very important to them.
I urge a yes vote, and thank you.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1545, Senator Ranzenhofer moves to discharge, from the Committee on Finance, Assembly Bill Number 6946 and substitute it for the identical Senate Bill 4934, Third Reading Calendar 1545.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1545, by Member of the Assembly Pretlow, Assembly Print Number 6946, an act to amend the Racing, Pari-Mutuel Wagering and Breeding Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Díaz to explain your vote.
SENATOR DIAZ:You know, I know that the State of New York needs money. And I know that certain people do everything to raise money. But to create betting on Palm Sunday, that is something that even though the state needs money, we should be aware that Palm Sunday is a holy day. And we should respect other people's beliefs.
And I am sorry that Senator Ranzenhofer doesn't even care about Sunday, Palm Sunday or anything, he just wants the betting in there, get money for the state. But maybe we could get money some other way. And that's why I'm voting no.
Thank you.
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:In relation to Calendar 1545, those recorded in the negative are Senators Amedore, DeFrancisco, Díaz, Espaillat, Farley, Hamilton, Hassell-Thompson, Kennedy, LaValle, Marchione, Montgomery, Parker, Peralta, Perkins, Sampson, Sanders, Serrano, Seward and Skelos.
Ayes, 43. Nays, 19.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1546, by Senator Ranzenhofer, Senate Print 4935A, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1547, by Senator Comrie, Senate Print 4946, an act to amend the Tax Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1548, by Senator Murphy, Senate Print 4980, an act to authorize.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1549, Senator Felder moves to discharge, from the Committee on Children and Families, Assembly Bill Number 6715A and substitute it for the identical Senate Bill 5018A, Third Reading Calendar 1549.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1549, by Member of the Assembly Weinstein, Assembly Print Number 6715A, an act to amend the Family Court Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 13. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1550, by Senator Felder, Senate Print 5036, an act to amend the Education Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1551, by Senator Seward, Senate Print 5062A, an act to authorize.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1552, by Senator Seward, Senate Print 5063A, an act to authorize.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 1552: Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1553, by Senator Murphy, Senate Print 5078, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Krueger to explain your vote.
SENATOR KRUEGER:Thank you, Mr. President.
Apparently this bill would actually overstep not just DEC's authority, but the federal Environmental Protection Agency as well. Only the EPA can create provisions of variance in the water pollution control laws.
So while I agree with my colleague that there are cost concerns for meeting the needs of our storm and sewer problems at the municipal level -- it's one of the reasons I think both sides of the aisle have urged expanded funding for dealing with sewer problems and stormwater overflow issues in various localities around the state -- the solution cannot be this bill, which would actually increase the amount of dirty water that was distributed and violate federal water pollution control laws.
I urge a no vote by everyone.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Announce the results.
THE SECRETARY:In relation to Calendar 1553, those recorded in the negative are Senators Addabbo, Avella, Breslin, Carlucci, Comrie, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Kennedy, Klein, Latimer, LaValle, Marcellino, Montgomery, Panepinto, Parker, Peralta, Rivera, Sampson, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins and Valesky. Also Senator Díaz.
Ayes, 32. Nays, 30.
ACTING PRESIDENT O'MARA:The bill is passed.
(Reaction from Senators.)
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:In relation to Calendar 1554, Senator Griffo moves to discharge, from the Committee on Health, Assembly Bill Number 7060 and substitute it for the identical Senate Bill Number 5086, Third Reading Calendar 1554.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1554, by Member of the Assembly Gottfried, Assembly Print 7060, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
SENATOR VALESKY:Lay it aside.
ACTING PRESIDENT O'MARA:The bill is laid aside.
THE SECRETARY:In relation to Calendar 1555, Senator Ritchie moves to discharge, from the Committee on Children and Families, Assembly Bill Number 7135 and substitute it for the identical Senate Bill Number 5091, Third Reading Calendar 1555.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1555, by Member of the Assembly Gunther, Assembly Print Number 7135, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1556, by Senator Skelos, Senate Print 5179C, an act to authorize.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1556: Ayes, 60. Nays, 2. Senators Bonacic and O'Mara recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1557, by Senator Nozzolio, Senate Print 5181B, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1557, those recorded in the negative are Senators Espaillat, Hoylman, Perkins and Serrano.
Ayes, 58. Nays, 4.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1558, Senator Felder moves to discharge, from the Committee on Rules, Assembly Bill Number 7679 and substitute it for the identical Senate Bill Number 5258A, Third Reading Calendar 1558.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1558, by Member of the Assembly Lupardo, Assembly Print 7679, an act to amend the Family Court Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1558: Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1559, by Senator Little, Senate Print 5270, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1559, those recorded in the negative are Senators Dilan, Hassell-Thompson, Montgomery, Parker and Perkins.
Ayes, 57. Nays, 5.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1560, Senator Martins moves to discharge, from the Committee on Rules, Assembly Bill Number 6902B and substitute it for the identical Senate Bill Number 5283A, Third Reading Calendar 1560.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1560, by Member of the Assembly Blake, Assembly Print 6902B, an act to amend the State Finance Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1561, by Senator Bonacic, Senate Print 5379A, an act to allow.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1562, by Senator Murphy, Senate Print 5418, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect October 1, 2015.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1563, Senator Serino moves to discharge, from the Committee on Children and Families, Assembly Bill Number 4469 and substitute it for the identical Senate Bill Number 5419, Third Reading Calendar 1563.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1563, by Member of the Assembly Barrett, Assembly Print Number 4469, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1564, by Senator LaValle, Senate Print 5444, an act to amend the Economic Development Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Hoylman to explain your vote.
SENATOR HOYLMAN:Thank you, Mr. President. I just want to explain my vote, since I seem to be the lone -- oh, with Senator Krueger. One of two.
I think fishing is obviously an important commercial industry, but the oversight of our precious natural resources should remain in the hands of the people, and that is our State DEC. So I'll be voting nay.
Thank you.
ACTING PRESIDENT O'MARA:Senator Hoylman to be recorded in the negative.
Announce the result.
THE SECRETARY:In relation to Calendar 1564, those recorded in the negative are Senators Hoylman, Krueger, Sanders and Squadron.
Ayes, 58. Nays, 4.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1565, by Senator Golden, Senate Print 5464, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1566, by Senator Felder, Senate Print 5467A, an act to amend Chapter 548 of the Laws of 2010.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1567, by Senator Klein, Senate Print 5485A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT O'MARA:Read the last section.
SENATOR VALESKY:Lay it aside temporarily.
ACTING PRESIDENT O'MARA:The bill is laid aside temporarily.
THE SECRETARY:In relation to Calendar 1568, Senator Marcellino moves to discharge, from the Committee on Rules, Assembly Bill Number 7419 and substitute it for the identical Senate Bill Number 5492, Third Reading Calendar 1568.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1568, by Member of the Assembly Farrell, Assembly Print Number 7419, an act to amend the State Finance Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1569, Senator Serino moves to discharge, from the Committee on Corporations, Authorities and Commissions, Assembly Print Number 1273 and substitute it for the identical Senate Bill Number 5500, Third Reading Calendar 1569.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1569, by Member of the Assembly Cahill, Assembly Print Number 1273, an act creating.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1570, by Senator Savino, Senate Print 5506A, an act to amend the Personal Property Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1570, those recorded in the negative are Senators DeFrancisco, Marchione and Seward.
Ayes, 59. Nays, 3.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1571, Senator Robach moves to discharge, from the Committee on Aging, Assembly Bill Number 7619 and substitute it for the identical Senate Bill Number 5509, Third Reading Calendar 1571.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1571, by Member of the Assembly Morelle, Assembly Print 7619, an act to amend Chapter 633 of the Laws of 2006.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1572, Senator LaValle moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 7578 and substitute it for the identical Senate Bill Number 5516A, Third Reading Calendar 1572.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1572, by Member of the Assembly Englebright, Assembly Print Number 7578, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1573, Senator Amedore moves to discharge, from the Committee on Rules, Assembly Bill Number 7604 and substitute it for the identical Senate Bill Number 5539, Third Reading Calendar 1573.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1573, by Member of the Assembly Lopez, Assembly Print Number 7604, an act to authorize.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1574, Senator Murphy moves to discharge, from the Committee on Finance, Assembly Bill Number 7681A and substitute it for the identical Senate Bill Number 5540A, Third Reading Calendar 1574.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1574, by Member of the Assembly Gottfried, Assembly Print Number 7681A, an act to amend the Social Services Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1575, by Senator Ritchie, Senate Print 5544A, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1576, by Senator Ortt, Senate Print 5564, an act in relation to allowing.
ACTING PRESIDENT O'MARA:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1577, by Senator Valesky, Senate Print 5572, an act to amend the Workers' Compensation Law.
SENATOR VALESKY:Lay it aside for the day.
ACTING PRESIDENT O'MARA:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1578, by Senator Seward, Senate Print 5637, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Dilan recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1579, by Senator Marcellino, Senate Print 5669A, an act relating to legalizing, validating, ratifying and confirming.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1580, by Senator Griffo, Senate Print 5677, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator DeFrancisco to explain your vote.
SENATOR DeFRANCISCO: Yes, I'm going to vote no.
I always try -- as a veteran, I always try to support veterans bills. This diverts a normal criminal charge, I guess just misdemeanors, to a veterans court. And there's -- it's basically for all veterans.
And there may be veterans that have certain circumstances that would require a special look by a special court dealing with veterans issues, but I think it's -- the definition of "veteran" has got to be more defined for those who might need a special look at a case, rather than every veteran who's ever been in the military.
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:Ayes, 61. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1581, Senator Serino moves to discharge, from the Committee on Rules, Assembly Bill Number 7820 and substitute it for the identical Senate Bill Number 5702, Third Reading Calendar 1581.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1581, by Member of the Assembly Cymbrowitz, Assembly Print Number 7820, an act to amend the Elder Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1582, by Senator Ritchie, Senate Print 5707A, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Díaz and Espaillat recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1583, Senator LaValle moves to discharge, from the Committee on Environmental Conservation, Assembly Print Number 7883 and substitute it for the identical Senate Bill Number 5714, Third Reading Calendar 1583.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1583, by Member of the Assembly Englebright, Assembly Print Number 7883, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1584, Senator Libous moves to discharge, from the Committee on Environmental Conservation, Assembly Print Number 6108 and substitute it for the identical Senate Bill Number 5717, Third Reading Calendar 1584.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1584, by Member of the Assembly Russell, Assembly Print Number 6108, an act to amend Chapter 455 of the Laws of 2011.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Serrano recorded in the negative.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1585, Senator Robach moves to discharge, from the Committee on Health, Assembly Bill Number 7620 and substitute it for the identical Senate Bill Number 5731, Third Reading Calendar 1585.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1585, by Member of the Assembly Morelle, Assembly Print Number 7620, an act to amend Chapter 371 of the Laws of 2009.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1586, Senator Young moves to discharge, from the Committee on Health, Assembly Bill Number 7488 and substitute it for the identical Senate Bill Number 5733, Third Reading Calendar 1586.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1586, by Member of the Assembly Gottfried, Assembly Print Number 7488, an act to amend the Public Health Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the same date and in the same manner as Chapter 550 of the Laws of 2014.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1587, Senator Seward moves to discharge, from the Committee on Insurance, Assembly Bill Number 7943 and substitute it for the identical Senate Bill Number 5758, Third Reading Calendar 1587.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1587, by Member of the Assembly Cahill, Assembly Print Number 7943, an act to amend Chapter 440 of the Laws of 2012.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1588, Senator LaValle moves to discharge, from the Committee on Education, Assembly Bill Number 6973A and substitute it for the identical Senate Bill Number 5769, Third Reading Calendar 1588.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1588, by Member of the Assembly Pichardo, Assembly Print Number 6973A, an act to amend an act to amend Chapter 434 of the Laws of 1999.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1589, by Senator Marcellino, Senate Print 5773, an act to amend Section 16 of Part A of Chapter 173 of the Laws of 2013.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1590, by Senator Marchione, Senate Print 5792, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
SENATOR DeFRANCISCO: Lay it aside for the day, please.
ACTING PRESIDENT O'MARA:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1591, by Senator Serino, Senate Print 5802, an act to amend the Environmental --
SENATOR DeFRANCISCO: Lay it aside for the day.
ACTING PRESIDENT O'MARA:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1592, by Senator Serino, Senate Print 5803 --
SENATOR DeFRANCISCO: Lay the bill aside for the day, please.
ACTING PRESIDENT O'MARA:That bill is laid aside for the day.
THE SECRETARY:Calendar Number 1593, by Senator Serino, Senate Print 5804 --
SENATOR DeFRANCISCO: Ditto.
(Laughter.)
ACTING PRESIDENT O'MARA:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1594, by Senator Serrano, Senate Print 5813B, an act to amend Chapter 899 of the Laws of 1984.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1595, by Senator Nozzolio, Senate Print 5832A, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:In relation to Calendar 1596, Senator Serino moves to discharge, from the Committee on Aging, Assembly Bill Number 928 and substitute it for the identical Senate Bill Number 5905, Third Reading Calendar 1596.
ACTING PRESIDENT O'MARA:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1596, by Member of the Assembly Miller, Assembly Print Number 928, an act to amend the Executive Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT O'MARA:The bill is passed.
THE SECRETARY:Calendar Number 1597, by the Senate Committee on Rules, Senate Print 5953, an act to amend Chapter 576 of the Laws of 1974.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT O'MARA:The bill is laid aside.
THE SECRETARY:Calendar Number 1598, by Senator Flanagan, Senate Print 5954, an act to amend Chapter 56 of the Laws of 2015.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT O'MARA:The bill is laid aside.
Senator DeFrancisco, that completes the noncontroversial reading of the supplemental calendar.
SENATOR DeFRANCISCO: Yes, can we go back to Calendar Number 1553, Senate Print 5078, by Senator Murphy. I'd like to move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT O'MARA:The Secretary will read.
THE SECRETARY:Calendar Number 1553, by Senator Murphy, Senate Print 5078, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT O'MARA:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
SENATOR DeFRANCISCO: Can we restore that to the Third Reading Calendar.
ACTING PRESIDENT O'MARA:The bill is restored to the Third Reading Calendar.
SENATOR DeFRANCISCO: Now can we go back to our active list for the day, not the supplemental calendar.
I believe one bill has been laid aside. And if we'd read that controversial part of the calendar.
ACTING PRESIDENT O'MARA:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 928, by Senator Marchione, Senate Print 1197, an act to amend the Tax Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Marchione to explain your vote.
SENATOR MARCHIONE:Yes, thank you, Mr. President.
I find it interesting that this bill has created such controversy when in effect all it does is allow snowmobiles and ATVs to follow the same process in the collection of sales tax as every other motor vehicle.
Currently, if you bought an ATV or a snowmobile you would have to pay the higher sales tax, depending on whether you purchased it in a certain county or you're using it in a certain county. Then the person has to explain and show residency, when the 802 form of the Department of Motor Vehicles just states every other motor vehicle, including boats, you pay the sales tax from the county in which you live. So if it's higher, you pay your own county sales tax just like every other motor vehicle.
This law does nothing except create parity amongst all motor vehicles in the State of New York. It truly raises the sales tax on absolutely no one, and would lower the sales tax on people whose counties may have a lesser percentage.
So I vote aye, Mr. President.
Thank you.
ACTING PRESIDENT O'MARA:Senator Marchione to be recorded in the affirmative.
The Secretary will announce the results.
THE SECRETARY:In relation to Calendar 928, those recorded in the negative are Senators Addabbo, Breslin, Comrie, Díaz, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Kennedy, Krueger, Latimer, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins.
Absent from voting: Senators Boyle and Young.
Ayes, 35. Nays, 25.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator DeFrancisco, that completes the controversial reading of today's active list.
SENATOR DEFRANCISCO:All right, now if we could go to the controversial reading of the supplemental calendar and start with Calendar 1554, by Senator Griffo.
ACTING PRESIDENT O'MARA:The Secretary will read Calendar 1554.
THE SECRETARY:Calendar Number 1554, substituted earlier by Member of the Assembly Gottfried, Assembly Print Number 7060, an act to amend the Public Health Law.
SENATOR VALESKY:Explanation.
ACTING PRESIDENT O'MARA:An explanation has been requested.
Senator Griffo.
SENATOR GRIFFO:Mr. President, I want to thank you for the opportunity.
And essentially last year, thanks to the compassion and the efforts of Senator Savino and Senator Larkin here, the Compassionate Care Act was passed.
ACTING PRESIDENT O'MARA:(Gaveling.) Can we have some quiet, please, in the chamber.
SENATOR GRIFFO:Some of the concerns that we've seen as a result, from various individuals who continually suffer, has caused members to request whether or not there could be a way to expedite access, particularly for those who have specific types of cases that have been identified and potentially can be treated by access.
The current procedure was established and is taking some time. But as we deal with these individuals -- and I come from this particularly because I've had the opportunity to meet various families, particularly from where I come from, who are having some serious problems and their children are at serious risk right now.
And while this body went and undertook an effort to ensure that there would be true compassion, there would be a true opportunity to help those who have great need. The concern that has been expressed and that has arisen is what happens to these individuals who are suffering and potentially are at serious risk and could potentially lose their life as they continue to wait.
I met Mackenzie Kulawy, a very young girl who has a unique form of epilepsy which causes her to fall down three times a day and experience other significant episodes. And her parents and her grandparents always are living in fear and know that there is a possibility now that there can be something that will help Mackenzie.
We've heard stories of Rebecca Campo from Staten Island, a young lady from Niagara Falls. All these are very gut-wrenching stories, really, that have brought forward the need for us to do something.
We have reached out and have discussed this even in the confirmation hearings of the commissioner, and we have tried to determine what if anything can be done that is not being done already.
And it is our belief that a large part of what we are asking potentially can be done and should be done. But what this bill would do is to direct that we begin that process in earnest, and essentially establishes the criteria and the mannerisms in which that would be allowed, in order to not only establish the time frames and the certifications but also the need to act.
There's a unique need, as I said. There are countless cases that we have seen and witnessed. There's actually been some national stories that have just been televised, I think on NBC recently nationally, where you can see where some of these individuals are going through these episodes, particularly those with some unique forms of epilepsy, which could be taken care of as a result of this access. And there's no reason for them to continue to suffer but, more importantly, to have their lives at risk as they wait for this to happen.
So most of what is put together in the proposal here essentially, while we understand there was time needed for a functional system to be put in place, really allows this body now to establish this temporary interim program that will help a select group of patients who may not survive as they're waiting for the Compassionate Care Act to be fully formatted and in place.
So for that reason, this legislation was put forward. And I am available for questions.
ACTING PRESIDENT O'MARA:Senator Savino.
SENATOR SAVINO:Thank you, Mr. President. Through you, would the sponsor yield for some questions?
ACTING PRESIDENT O'MARA:Will you yield, Senator Griffo?
SENATOR GRIFFO:The sponsor yields.
SENATOR SAVINO:Thank you, Mr. President. Through you.
Senator Griffo, I'm certainly pleased to see that you have come around in your thinking with respect to the efficacy and the palliative treatment that marijuana can provide to patients, since I spent the better part of two years working on this legislation, lobbying many of you here in this room, working to build support. I was unable to secure your support for the bill last year. I'm happy to see that you've come around to my way of thinking.
But I have some serious concerns about your bill, and I'd like to go through some questions.
SENATOR GRIFFO:Senator Savino, if I may. I agree, and that's why I applauded your efforts and that of Senator Larkin's equally, who was a very important advocate in that regard too, and worked very hard.
And as you said, I had some reservations and concerns in the manner in which it was put forth -- not so much in the intent to have empathy for those who have need. But there were many provisions, and I know that you did the best you could at the time, but that's the way I felt.
But this bill is -- unlike, as you said, this is allowing earlier access. And as you said that I've come around, I want to remind you that in Bill 4406D, which you sponsored, which is similar to the bill that I have before the house right now, in Section 3366 you allowed for this expedited registration. And you were actually advocating for something that I'm putting before the house today.
SENATOR SAVINO:Through you, Mr. President.
Thank you, Senator Griffo, for reminding me of one of the many iterations of the previous Compassionate Care Act.
As you know, legislation, as they say, is like sausage making. There's a lot of stuff that goes into it in the beginning that may not make it into the final cut.
Emergency access has always been an issue that was heavily supported by the Assembly sponsor, Assemblyman Gottfried. I agreed to support him in his efforts, and during the discussion phase -- and I feel like I'm the one being questioned. But during the discussion phase of the legislation last year, it became clear that emergency access would require something that we were unable to get, and that would be a waiver from the federal government.
Are you aware, Senator Griffo, that the State of New York, subsequent to the signing of the Compassionate Care Act, did in fact request a federal waiver for the issue of expedited access?
SENATOR GRIFFO:Mr. President, through you.
Yes, Senator Savino. In fact, I know Senator Hannon -- I remember we joined, a number of us, in support of him as he wrote a letter making that request to the federal government.
SENATOR SAVINO:Through you, Mr. President, would the sponsor continue to yield?
SENATOR GRIFFO:The sponsor yields.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR SAVINO:Since you are aware that we made a request, through the Governor's office, to the federal government for a waiver for the purposes of expedited access, you must be aware, then, that the response from the federal government was a resounding no.
SENATOR GRIFFO:Mr. President, through you.
Yes, Senator Savino, I am aware of that.
But again, I think that this would allow us to waive or modify those requirements here and to clearly, with legislative intent and purpose, to state something that I believe that the DOH can begin to do today. And I think in essence what we're saying to the Department of Health is please move.
SENATOR SAVINO:Through you, Mr. President, would the sponsor continue to yield?
SENATOR GRIFFO:The sponsor yields.
SENATOR SAVINO:Thank you.
I notice in your legislation that the bill would add a special certification to the Compassionate Care Act as a certification for a patient whose condition is progressive and degenerative or for whom a delay in the medical use of medical marijuana poses a serious risk to live or health.
The question I have, Senator Griffo, is who would make that determination and who would apply that special certification?
SENATOR GRIFFO:Mr. President, through you.
Senator Savino, it would be my understanding that we would allow the commissioner of the Department of Health to do so, and that is something that would given to him within the parameters of the existing statute.
SENATOR SAVINO:Through you, Mr. President, would the sponsor continue to yield?
SENATOR GRIFFO:I do.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR GRIFFO:May I add that that would include doctors also, Senator Savino.
SENATOR SAVINO:As you may be aware, the Compassionate Care Act that was signed by the Governor, which delineated specific conditions by which people would be eligible to become a certified patient under our program, also had a requirement that that certification be made as a recommendation by their treating physician, who had a treating relationship with that patient for that underlying condition, prior to the Department of Health even considering that person.
So under your bill are we substituting that process and allowing someone who's never treated a patient to make a determination that they have a degenerative condition that would allow them to gain access prior to the other restrictions under the bill?
SENATOR GRIFFO:Mr. President, through you.
Senator Savino, no, I believe that through this legislation we are setting up a certification process of the patient by a medical doctor as to having that particular condition.
SENATOR SAVINO:Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT O'MARA:Do you continue to yield, Senator Griffo?
SENATOR GRIFFO:The sponsor yields.
SENATOR SAVINO:Senator Griffo, are you aware, under the law that we enacted last year, that prior to a doctor making a recommendation for a patient to become certified by the state's Commissioner of Health as a medical marijuana patient, that doctor has to receive training?
SENATOR GRIFFO:Mr. President, through you.
Senator Savino, I believe that yes, and the commissioner can do that quicker.
SENATOR SAVINO:Through you, Mr. President, will the sponsor yield?
SENATOR GRIFFO:Yes.
SENATOR SAVINO:I'm not sure I agree with that, since the Commissioner of Health has not yet certified a programmed or a curriculum for the training of physicians so that they will be able to become recommending physicians for patients through the state's Department of Health and to become eligible in our medical marijuana program.
So if we were to pass this law and the Governor were to see fit to sign this law, how would that exactly happen, since we don't have an adopted curriculum yet?
SENATOR GRIFFO:Excuse me, Mr. President.
Could you just repeat that, Senator Savino? I'm sorry.
SENATOR SAVINO:Through you, Mr. President.
The question is how would we even be able to begin recommending patients, since the State Department of Health has not yet adopted a curriculum for the training of physicians, which is required under the Compassionate Care Act itself.
SENATOR GRIFFO:Mr. President, through you.
Senator Savino, I believe that as a result of the law, the commissioner does have the right and the responsibility to accelerate these type of regulations and procedures and forms in order to certify accordingly, so that doctors can be certified and accordingly then be available to be a part of that relationship between the patient, the doctor, and the program.
SENATOR SAVINO:Through you, Mr. President, will the sponsor continue to yield?
SENATOR GRIFFO:I do.
SENATOR SAVINO:But as of yet, the Commissioner of Health has not done that. So we do not have a single doctor in the State of New York who has been trained in understanding how medical marijuana works, how to dose it, how to prescribe it, how to recommend it.
Not one doctor has yet had a conversation with one patient about whether or not they should in fact be recommended for the use of medical marijuana in this state.
Is that not the case?
SENATOR GRIFFO:Mr. President, through you.
Senator Savino, I believe that there have been relationships between patients and doctors where they will have an understanding, from familiarization to their conditions and the needs and potential benefits that could be derived from access.
And I believe in this particular instance, again, the department can accelerate this and would allow for that opportunity to exist.
SENATOR SAVINO:Through you, Mr. President, will the sponsor continue to yield? Mr. President?
SENATOR GRIFFO:Yes.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR SAVINO:Thank you.
Senator Griffo, that may or may not be true. But as I stated, the original bill requires, prior to a single patient being recommended -- forget about approved by the State Department of Health -- prior to a single patient being recommended, physicians must be trained by an approved curriculum.
That curriculum has not yet been adopted by the State of New York. There are no physicians who are able to make that recommendation even if we were to pass this today.
But I'd like to move on to the issue of how we would determine who would be eligible to be considered as a registered organization under this expedited access program.
As you are aware, the Compassionate Care Act allows for the establishment of five license holders in the State of New York with 20 dispensaries. Friday, June 5th, was the deadline by which they had to apply to become considered by the State Department of Health and the State Police. Forty-three applicants have applied for a license, one of five licenses in this state.
Under your bill, would one of those be one of the ones that would have to be considered? Could it be someone else? Could it be someone who's not here in this state? Who would be the potential recipient of this emergency license? And how would that decision be made?
SENATOR GRIFFO:Mr. President, through you.
The authorizing licensing under Section 5 of this bill of registered organizations to serve patients, again, it would be those who comply and those who would register. So there's a possibility that it's consistent with the Compassionate Care Act.
It also could be somebody already in business. And I'm not sure, you know, where they may be from, but it would be people that could either have already been in some type of business somewhere else. So that would go to that point, I guess, that you raised.
But they would have to comply with the authorizing licensing of any registered organizations that are established by the Department of Health.
SENATOR SAVINO:Through you, Mr. President, would the sponsor continue to yield?
SENATOR GRIFFO:Yes.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR SAVINO:Thank you.
Thank you, Senator Griffo.
Of the potential 43 people who have already applied or maybe the dozens that decided not to apply because they thought the New York State program might be too restrictive or take too long, that could potentially open up the possibility of litigation against the state for cherry-picking a particular applicant.
Is there any concern on your part that this could lead to litigation against the state, as it did in Massachusetts?
SENATOR GRIFFO:Mr. President, through you.
Senator Savino, I believe that it applies to a separate section. And I don't believe that that's possible. But I'm not an attorney, so I don't know that I could specifically answer that.
But I do not believe, based upon the different sections -- and no one would be deprived. Again, as a result of staying basically in general compliance with the constructs that were originally put forward and the authority and responsibility given to the commissioner, I don't see that as an issue.
SENATOR SAVINO:Through you, Mr. President, would the sponsor continue to yield?
SENATOR GRIFFO:Yes.
SENATOR SAVINO:Thank you. Thank you.
Unfortunately, I disagree with that, with your lack of concern. I have tremendous concerns about it.
But on the issue of who would -- let's assume, let's assume you're right and I'm wrong. It's a big assumption, but let's assume that's the case, Senator Griffo. If in fact the Commissioner of Health were to issue an emergency license to a particular applicant tomorrow, do you have any idea how long it would take for that applicant to be able to have product ready and available to patients?
SENATOR GRIFFO:Mr. President, through you. Going back earlier, they could also apply to be one of the five that we were talking about.
On this particular issue, though, how long would it take them? I would hope that this could move as quickly as possible. Obviously, I don't have a specific time frame. But I'm looking to see what we can do to accelerate that access. And I believe the potential exists to do so.
And I think that in this particular case, as I indicated earlier, without legislative intent and purpose, we may -- I believe that a large part of this need can be dealt with by the Department of Health today.
But what this particular piece of legislation would do is to order them to do this. So whatever other additional needs or waivers or requirements, they would be able to exercise that authority and jurisdiction.
SENATOR SAVINO:Mr. President, on the bill.
ACTING PRESIDENT O'MARA:On the bill, Senator Savino.
SENATOR SAVINO:First I want to thank Senator Griffo for patiently answering the questions I have.
And I also want to be clear and let you know I really do appreciate the fact that you have come around to agree that medical marijuana is a viable treatment for patients, whether they be patients who have refractory epilepsy or MS or cancer or Parkinson's disease. And hopefully later this year we will hear from the Department of Health that they're adding diseases like Alzheimer's and PTSD.
But I mentioned all of those conditions because when we set out to create a medical marijuana program here in New York State, we wanted it to be a full, robust program that would treat as many patients as possible, based upon the research, based upon the science and based upon what we have seen in other states.
There is no doubt that seeing young children suffering is compelling. It pulls at all of our heartstrings. We want to find a way to treat them sooner rather than later, as much as I want to find a way to treat all of the people who will be benefited by medical marijuana.
But here's what I know about creating a program that is illegal under the federal government's eyes, that does not exist in the State of New York. We are creating a new industry, a new treatment program, a new template, and we are creating the most tightly controlled, highly regulated program in the country.
And there are people who have along the way been supportive of this, but their agenda really has never been about medical marijuana, it's always been about marijuana for recreational use. And some of them are utilizing the pain and suffering of these families to now try and peel back the regulatory structure that we have established here in New York State, which I believe will become the model for the country.
I'm going to recommend that we vote against this bill -- not because I don't understand what Senator Griffo sees when he looks into the eyes of those little children. I know what he sees; I see it too. But here's my concern.
We started out by making New York State the tightest, most regulated state in the country. We also established a very aggressive timeline, 18 months for full implementation. That is a full seven months earlier than any other state has ever done. The average length of time to get a medical marijuana program running is 25 months. New York State will be seven months ahead of anyone else.
The State of New York, after the signing of that bill, has met every deadline that they set. Whether it was putting out the regulations, the public comment period, sending out the applications, receiving the applications, they will be on track for issuing those five licenses and the 20 dispensaries that will be attached to them, by mid-July.
And doors will be opened for all patients that are suffering from all the conditions under the program, under a legal program that has had doctors trained -- none of them have been trained yet -- physicians, in discussions with their patients, made recommendations to the Department of Health. We'll have a certified program that will stand up to review, that will stand up to any potential challenge by the federal government.
But if we go off the path right now, ladies and gentlemen, if we deviate from that path, we open ourselves up to a couple of things. One, first and foremost, is litigation by every other applicant that will not have been granted that special license. And as we have seen in other states where they deviated off their original path, litigation sets the entire program back. In Massachusetts, it set it back two and a half years. Many of those patients we're worried about today won't be here in two and a half years.
So we need to stay the course that we set. We are on the right road. We will have full access for all patients, not just cherry-picking the suffering of some, even if they're sympathetic. We need to keep on the path for full access to all patients in a full, robust program that meets all of the standards that New York State wanted, that all of you in this room wanted -- everything that we voted for -- and make sure we have the program fully in place in January.
I am as sympathetic as Senator Griffo, and I do appreciate what he's trying to do. I'm suggesting, though, that we set aside our sympathy and we realize that we are a state that is establishing a regulatory system that has to work for everybody and has to survive potential scrutiny, not just by litigants who will be unhappy with what we do, but by a federal government that still refuses to acknowledge that marijuana has any legitimate purpose.
We need to stay the course. I recommend a no vote, and I hope you will all support me in that recommendation and we can continue to try and find a way to get people treatment sooner rather than later.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Thank you, Senator Savino.
Senator Krueger.
SENATOR KRUEGER:On the bill, Mr. President.
ACTING PRESIDENT O'MARA:Senator Krueger on the bill.
SENATOR KRUEGER:Thank you.
I've listened to the questions and answers between Senator Savino and Senator Griffo. I stand to support this bill.
Senator Savino's not wrong in her analysis of what we pass when we pass the medical marijuana bill. In fact, many of us who supported that bill thought at the time perhaps it was too restrictive, perhaps we went too far.
Even Governor Cuomo issued a letter in July 2014 directing Health Commissioner Zucker to expedite access to children with severe epilepsy. But to date, not one child has received access to medical marijuana throughout the state.
This bill would specifically try to ensure a speedier implementation for patients who face life-threatening or terminal illnesses or for whom the delay poses a serious health risk.
I do believe there are doctors qualified in this state to evaluate palliative care, end-of-life care, terminal treatment. They are certified, they are specialized. They have the authority to write prescriptions for much stronger drugs than cannabis right now, today. Right now, today, they can write prescriptions for opioids, for morphine drips, for almost any drug anyone has ever imagined. Surely, with a brief clarification, they could prescribe for terminally ill patients and for people who no other drug is working for.
I want to share Senator Savino's concerns. We do not want to do anything to put the state into a litigation situation that would delay us further for the entire system. But my understanding is the Department of Health is supposed to be deciding those five winning applicants by July.
It's June. If we were to pass this bill and the Governor were to sign it and we were able to start with emergency certification of doctors and patients, it has been proposed to me that within three months, without interfering with the determinations that are being made by the Department of Health of the longer-term approved vendors, that within three months we could have an emergency program up and running for patients who need this kind of treatment.
It is frustrating that the federal government doesn't recognize a legal medical marijuana standard at the federal level. But we have 23 states who have medical marijuana in place. We have more and more recognition by the federal government, by different levels of the federal government, that they are not going to intrude into a state's authorized medical marijuana program.
I think that all the patients are asking for is an expedited process for some sub-universe of people who, really, there is no other drug working. And why should they go through pain when it's not that complex to create an emergency certification process to make sure that doctors highly trained to deal with much more complicated, dangerous drugs can in fact be licensed to approve this on an emergency basis, and perhaps, working with all of the vendors who are selected, or some subset, make sure that we can move this product to where it is needed most quickly.
I would urge my colleagues to vote yes on this bill tonight.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Thank you, Senator Krueger.
Seeing no other Senator wishing to be heard, the debate is closed. The Secretary will ring the bell.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes. Since we're missing several individuals and the loyal, responsible, incredibly efficient stenographer has not eaten yet, I thought maybe we'd go at ease for a few minutes. As soon as everyone gets together, she will be done eating and we won't waste the time waiting for the delinquents.
So we'll be at ease for, at maximum, 10 minutes.
ACTING PRESIDENT O'MARA:The Senate will stand at ease for no more than 10 minutes.
(Whereupon, the Senate stood at ease at 8:20 p.m.)
(Whereupon, the Senate reconvened at 8:31 p.m.)
ACTING PRESIDENT O'MARA:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, if we could start coming back. We are ready to vote, and as soon as we vote we'll continue our quest to get through the rest of the bills.
ACTING PRESIDENT O'MARA:If members would please return to the chamber. We've rung the bell and we're waiting to call a vote.
(Pause.)
SENATOR DeFRANCISCO: Would everyone please take their seats so we can see who's not here yet.
ACTING PRESIDENT O'MARA:Will members please take their seats in the chamber.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:In relation to Calendar 1554, those recorded in the negative are Senators Avella, Carlucci, Croci, DeFrancisco, Díaz, Hamilton, Klein, LaValle, Sampson, Savino, Valesky and Venditto.
Ayes, 50. Nays, 12.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we go to, on the Senate supplemental calendar, Calendar 1567. We had laid that aside temporarily.
ACTING PRESIDENT O'MARA:The Secretary will read Calendar Number 1567.
THE SECRETARY:Calendar Number 1567, by Senator Klein, Senate Print 5485A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT O'MARA:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Klein to explain your vote.
SENATOR KLEIN:Thank you, Mr. President.
Several months ago the Independent Democratic Conference put out an investigation on the subprime auto loan market here in New York. Unfortunately, what we found is that individuals who have no credit, no money, no job are still able to get a loan, in many cases people paying as high as 24 percent interest, in some cases people buying a $15,000 car and at the end of the loan cycle wind up paying $50,000 for the same automobile.
This legislation will go a long way towards protecting the consumer. Right now a used car dealer in New York is only required to obtain a $10,000 or, at most, a $25,000 bond. This would require that all used car dealers have at least a $100,000 bond, which I think is going go a long way towards at least, if someone would try to make a claim against the used car dealer, the consumer could be made whole.
So I think, Mr. President, this is the first step I think in regulating or at least providing some oversight for this industry, which I believe has the potential to be almost as bad as the subprime mortgage industry.
So I vote yes.
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:In relation to Calendar 1567, those recorded in the negative are Senators Amedore, Bonacic, Croci, DeFrancisco, Farley, Felder, Funke, Griffo, LaValle, Marcellino, Marchione, Martins, Murphy, Nozzolio, O'Mara, Ortt, Ranzenhofer, Robach, Seward and Young. Also Senator Skelos. Also Senator Larkin. Also Senator Serino. Also Senator Hannon.
Ayes, 38. Nays, 24.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, on the controversial calendar for Senate Supplemental Number 53A, could we go to Calendar Number 1598.
ACTING PRESIDENT O'MARA:The Secretary will read Calendar Number 1598.
THE SECRETARY:Calendar Number 1598, by Senator Flanagan, Senate Print 5954, an act to amend Chapter 56 of the Laws of 2015.
ACTING PRESIDENT O'MARA:Senator Gianaris, why do you rise?
SENATOR GIANARIS:Mr. President, I believe there's an amendment at the desk. I ask that the reading of the amendment be waived and that Senator Latimer may be heard on the amendment.
ACTING PRESIDENT O'MARA:Senator Latimer on the amendment.
SENATOR LATIMER:Thank you, Mr. President.
The amendment that you have before you on the main bill we believe improves the main bill, S5954 which is before us.
Some of the provisions of the amendment that we think are important to include in the final adoption deals first off with the adoption of the new APPR program. In this legislation before us, the increases in state aid that we approved in this budget are still tied to the adoption of the APPR plan.
The amendment before us removes that onerous language and detaches the issue of the APPR with the additional state aid, as they should be detached as two separate distinct decisions.
The underlying bill uses a February 15, 2016, deadline for APPR adoption. We believe that is going to be a problem, because that's in the middle of a school year.
The amendment that's before us uses a September 1st deadline, which we think makes more sense, so that it has an opportunity to be instituted at the beginning of the school year rather than in the middle of the school year.
The underlying bill continues to require the use of independent evaluators. The amendment would make independent evaluators an option for school districts, based on their specific needs, in order to perform fair evaluations of classroom teacher performance. And again, leaves the decision in the hands of the local school district rather than trying to have one size fits all.
The underlying bill does not address the need to add student achievement as a second optional supplemental assessment, and it continues to overly rely on test scores as the means of student evaluation.
This amendment includes secondary amendments that are locally selected methods to achieve student achievement, which we think will lower the burden of tests on students and provide more local input in these evaluations, which is what we have heard from the community about the concern of mandatory testing.
And then finally, Mr. President, this amendment adds to the underlying legislation elements of what was in Senator Stewart-Cousins's bill S5447, known as the Community Schools Act. That proposal provides $25 million to support Community Schools, and those schools provide comprehensive service to the school population, it addresses underserved communities on a systematic level, and they are schools with a model of demonstrated success.
For those reasons, we believe that the amendment before you is germane. It does it address the same purpose and the same area of law as the underlying bill.
ACTING PRESIDENT O'MARA:Thank you, Senator Latimer.
I've had the opportunity to review your amendment with counsel and rule that the amendment is not germane to the bill and therefore is out of order.
Do you wish to appeal the ruling of the chair?
SENATOR GIANARIS:Yes, Mr. President, we'd like to appeal the ruling.
ACTING PRESIDENT O'MARA:Would Senator Latimer like to be heard further on the appeal?
(No response.)
ACTING PRESIDENT O'MARA:All those in favor of overruling the chair please say aye.
(Response of "Aye.")
SENATOR GIANARIS:Show of hands.
ACTING PRESIDENT O'MARA:Those opposed to overruling the chair please say nay.
(Response of "Nay.")
SENATOR GIANARIS:Show of hands.
ACTING PRESIDENT O'MARA:Show of hands on those wishing to overrule the chair.
(Senators raising hands.)
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:Ayes, 23.
ACTING PRESIDENT O'MARA:The ruling of the chair stands.
The bill is before the house.
The Secretary will read the last section.
THE SECRETARY:Section 9. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Senator Flanagan to explain his vote.
SENATOR FLANAGAN:Thank you, Mr. President.
I want to thank the members. Hopefully we'll get a very strong positive vote on this legislation.
Just very quickly, you know, if you look at what we did in the budget, there were a lot of very, very good things, particularly in the area of education. Let's not overlook the fact we had a $1.4 billion increase in state aid to education, which is more than 6 percent, triple any other area of the budget. We further reduced the GEA to a point now where we can virtually guarantee that it will be gone in its entirety by next year. Those are two very positive things.
And in the area of reform, we all went home after the budget and heard from our constituents, from interest groups, from students, parents and teachers. And again, students, parents and teachers. The goal of this legislation is to address some of the concerns that were raised by these groups, by these individuals, over the course of time and certainly since we enacted the budget. With the input of our colleagues, I think there are a lot of very positive things here that are parent-centric.
Now, a couple of examples.
Under previous law, teachers were not allowed to talk about tests. That's ridiculous. If you're going to have professional development, you're going to have better student outcomes, teachers should be allowed to talk about the test. They should be able to see the test. They should be able to look at the test questions and go over it with the children that they serve as their educators. And they should be able to do that in the school year and during a time frame in which those children are still in their class, they're not in the next grade.
These are common-sense things that we had advocated previously. We're underscoring them now again.
And to address a number of concerns, we have a content review committee that's going to look at age appropriateness, time appropriateness of exams. We do extend the deadline out, the timeline, which is a positive thing all around and something that the Regents are taking action on as well.
We provide definitionally for what a hardship means, and it's something that should be basically liberally construed. If you are making a good-faith effort, you should have an opportunity to be protected so that schools don't find themselves in adverse positions.
There are a number of things in here that we appropriate money to SED to actually do this work.
And I just want to make sure I'm getting all the highlights. Growth. We always have this debate about growth and achievement. So let's assume you have a teacher who's done very well, but year to year their growth doesn't change that much and yet the children are very high achieving. I know Senator Martins has cared deeply about this, as long, with many of colleagues.
These are common-sense approaches that are actually in the best interests of students, parents and teachers.
And finally, we ask the Regents to take a look at Common Core standards. And they have to do that by June 30th of next year. And if they deem appropriate -- which who knows, they may; they may not. But we're mandating that they take a review of that and see if there are any modifications that would be presented at that time.
So when we look at this -- I'm going to repeat it just to repeat it so everyone understands. This is about students, parents, and teachers. Professional development, a quality teacher in front of the classroom, better outcome from students. And it makes the process move the way we had all hoped originally.
Mr. President, I thank you for your indulgence, and I vote aye.
ACTING PRESIDENT O'MARA:Thank you.
Senator Flanagan to be recorded in the affirmative.
Senator Hamilton to explain your vote?
SENATOR HAMILTON:Yes, Mr. President.
I rise to oppose this bill. I believe it's shifting the burden of responsibility from the State Education Department to our teachers, who are on the ground doing a phenomenal job.
Right now presently in our state, only 15 percent of children of color are prepared for college. Eighty percent of people who are incarcerated don't have a high school diploma. In my district the Common Core to many parents is a failure.
High-stakes testing is not good for our children. We must have a comprehensive educational platform -- music, arts, recreation -- not just focusing on taking an examination. There's been a movement within my district to opt out for test taking.
I wish I would have seen more resources given to children who are not reading at grade level. I have some schools in my district where 23 percent of the children come from shelters, a transient population. And if they're not reading at grade level, I don't believe teachers should be responsible or their evaluation should be 50 percent of the test scores for some children who need supplemental help.
I wish we would have an on-par funding source so if a child is reading below grade level, they get the resources they need to get them back up to par to make them functional in our society.
I commend Senator Flanagan for his bill. I think he's been doing a phenomenal job as the chair for the Education Committee, and as also the new speaker to the Senate. But I have concerns for my district, where many children are failing, that the funding and the resources aren't being given to them. And by placing the evaluation of teachers on certain schools will cause a brain drain. I believe many teachers will be fearful in going into low-performing districts due to the fact that their evaluation will cause them to be terminated from their job.
I think we have to make sure that the schools who are lacking in resources, whose students need more resources, are not penalized by this evaluation process. I think it's a great idea, but I think the metrics have to be worked out. If a child is in the fourth grade and reading at the first-grade reading level, how do we evaluate a teacher in bringing them up?
In my district we have students 12 years of age to 23 years of age, who want to get their GEDs. Eighty percent of those young men and women are denied access to the course to get their GED because they're reading at a seventh-grade reading level or below.
We have serious problems in the educational system here in New York State, and I don't think by targeting teachers with their evaluations and low-performing school districts is the way to go.
The SED needs to be evaluated. No one is evaluating the State Education Department on the job that they're doing in our state. And I think we need to start at the top first rather than going to the bottom and scapegoating our teachers.
So I think we need to find a better way, to have better metrics, to make sure that teachers are not scared to go into low-performing schools, and that we don't have teachers who may not be on par teaching our children. Our students are suffering enough as it is.
We are in a global economy now --
ACTING PRESIDENT O'MARA:Senator Hamilton, I remind you we're on a two-minute limit.
SENATOR HAMILTON:I'm sorry, Mr. President. I'm passionate about this issue.
ACTING PRESIDENT O'MARA:How do you vote, Senator?
SENATOR HAMILTON:I'm passionate about it because many of our children are suffering in my district, and the prison population isn't a place for a person to be rehabilitated.
So I will vote no on this bill for teacher evaluation.
Thank you.
ACTING PRESIDENT O'MARA:Senator Hamilton to be recorded in the negative.
Senator Marcellino to explain your vote.
And I remind members of the two-minute limit.
SENATOR MARCELLINO:Thank you, Mr. President. I appreciate the reminder, but I'm from southern Italy and time is meaningless to us.
(Laughter.)
ACTING PRESIDENT O'MARA:That's what I was afraid of.
SENATOR MARCELLINO:We go back 2,000 years. We don't worry about these things.
ACTING PRESIDENT O'MARA:A minute and a half.
(Laughter.)
SENATOR MARCELLINO:Remember what happened to -- never mind.
(Laughter.)
SENATOR MARCELLINO:This piece of legislation is an excellent step forward. It's the beginning of a comment between -- and a dialogue between teachers, parents, students, school boards.
Everybody in the education community who has an interest in education can have a voice as a result as a result of this bill. They can communicate with one another. They can discuss what's necessary. One size does not fit all. This bill actually shows that it doesn't and allows for that flexibility from district to district, from region to region.
It gives our teachers, it gives our school districts a chance to take a look at kids who have special needs and not to test them at what their age might indicate, but what their ability level is. We have to look at that carefully. What's the point of teaching a child who has the ability level of a third-grader at a tenth-grade level? He's guaranteed failure, so there's no point to it.
This bill allows for the flexibility so that those things can be taken into consideration. It gives the wherewithal to the school districts. It brings the parents into the schools in a productive way. Not in a combative way, but in a productive way, so that Senator Hamilton's district, his people, his community can have input on what their children need.
Teachers want to hear that. Quality teachers want to hear that. They're looking for that kind of input, and they're looking to give that kind of service. But they need to know and they need to be taught and they need to have the value of their education and the value of their expertise taken into consideration by the boards when the rules and regulations are being formulated.
This bill is a big step. It's a first step, it's a big step going forward. There's probably more that's going to have to be done down the road, no doubt about it, but this bill opens the door.
And I want to thank my colleague Senator Flanagan for the work that he's done, hope to carry it forward as chairman of Education moving forward, that we're going to build on this particular directive, we're going to build on this bill and make it even better going forward in the future.
I vote aye and proudly aye, and I urge all my colleagues to vote aye. You have nothing to be ashamed of here. This bill is a step in the right direction. It's what the unions want, because it brings them into the picture. It brings the teachers into the picture, it brings the parents into the picture, and it brings the needs of the students -- and that's what this is all about -- into the picture.
So, ladies and gentlemen, I vote aye and urge you all to do the same.
ACTING PRESIDENT O'MARA:Senator Marcellino to be recorded in the affirmative.
Senator Panepinto to explain his vote in two minutes or less.
SENATOR PANEPINTO:I'll be very brief.
I met recently with six superintendents in my districts and, you know, they expressed the concern that they need more time to implement the APPR changes that we mandated on them this past March. So I applaud Senator Flanagan for, you know, giving them an additional four months with this bill.
It's not enough, though. You know, we need a one-year moratorium on testing. But this is a good first step.
So I'm going to vote in favor of this bill, but, you know, we need to reconsider this again as the educators want us to. The Regents have said we need a year, the superintendents have said we need a year. Four months is not enough. But if this is a first step in a process where we'll look at this again, I'm supporting it.
ACTING PRESIDENT O'MARA:Senator Panepinto to be recorded in the affirmative.
Senator Little to explain her vote.
SENATOR LITTLE:Thank you, Mr. President.
And just briefly, I join my colleagues in urging a yes vote on this bill.
There are many parts of this bill that will help us and help our children, our parents and our teachers as they go forward with the Common Core. But one of the most important things in this bill is to help a teacher learn from the test and make this test a learning tool, not just a data collection. Thereby, the teacher will see the test, can use the test, can know the results.
And as a former teacher, I know myself I would want to know who is getting what and what do I need to make sure that that child is learning as much as possible and that I'm teaching in the best way possible.
And I think that these changes and many other of the changes that are in this bill will be very helpful. I vote aye.
ACTING PRESIDENT O'MARA:Senator Little to be recorded in the affirmative.
Senator Stavisky to explain her vote.
SENATOR STAVISKY:Thank you, Mr. President.
I heard here tonight reference to a child's ability level. And as a former teacher, I believe very firmly that every child has the ability to learn. But not every child has been able, has been given the resources to learn.
Secondly, I think it's been difficult to attract teachers to the struggling schools, and that is of concern to me.
However, I'm going to vote for the bill because I guess a little bit is better than nothing. But I certainly hope in the rest of the year, or next year, that we come to terms with some of these issues, because we've got to do something so that every child has the ability to succeed.
Thank you.
ACTING PRESIDENT O'MARA:Senator Stavisky to be recorded in the affirmative.
The Secretary will announce the results.
THE SECRETARY:In relation to Calendar 1598, those recorded in the negative are Senators Hamilton, Montgomery, Parker, Perkins and Sanders. Also Senator Comrie.
Ayes, 56. Nays, 6.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: And can you call the last bill on the controversial supplemental calendar, 1597.
ACTING PRESIDENT O'MARA:The Secretary will read Calendar Number 1597.
THE SECRETARY:Calendar Number 1597, by the Senate Committee on Rules, Senate Print 5953, an act to amend Chapter 576 of the Laws of 1974.
ACTING PRESIDENT O'MARA:Senator Espaillat.
SENATOR ESPAILLAT:Yes, Mr. President. Would the sponsor, Senator Rules, yield for some questions?
ACTING PRESIDENT O'MARA:Senator --
SENATOR YOUNG:Thank you, Mr. President. My name is not Senator Rules, but I would be very happy to offer to answer any questions that Senator Espaillat may have.
SENATOR ESPAILLAT:Through you, Mr. President, will the sponsor yield?
SENATOR YOUNG:Yes.
ACTING PRESIDENT O'MARA:The sponsor yields.
SENATOR ESPAILLAT:Can you tell us how many rent-regulated units in the state this bill will impact?
SENATOR YOUNG:Well, it will impact all of them in the state. We think it's about 2 million.
SENATOR ESPAILLAT:Two million. So this bill -- through you, Mr. President -- this bill will impact 2 million units of rent-regulated housing in New York State.
SENATOR YOUNG:That's correct.
SENATOR ESPAILLAT:And through you, Mr. President, could the sponsor tell me where is the majority --
SENATOR YOUNG:I'm not the sponsor, Senator, but I would be happy to answer your questions.
SENATOR ESPAILLAT:Senator Young. Could Senator Young --
ACTING PRESIDENT O'MARA:Do you continue to yield, Senator Young?
SENATOR YOUNG:Yes.
SENATOR ESPAILLAT:Could Senator Young tell me, where is the vast majority of these units, what part of the state?
SENATOR YOUNG:Well, there are some in various parts of the state, but the vast majority are in New York City.
SENATOR ESPAILLAT:Through you, Mr. President, if the --
ACTING PRESIDENT O'MARA:Does Senator Young continue to yield?
SENATOR YOUNG:Yes.
ACTING PRESIDENT O'MARA:Proceed.
SENATOR ESPAILLAT:Does the Senator have any rent-regulated units in her district?
SENATOR YOUNG:No.
SENATOR ESPAILLAT:Through you, Mr. President.
ACTING PRESIDENT O'MARA:Senator Young -- are you asking Senator Young to yield?
SENATOR ESPAILLAT:Yes.
ACTING PRESIDENT O'MARA:Do you yield, Senator Young?
SENATOR YOUNG:Certainly. Yes.
SENATOR ESPAILLAT:Does the Senator preside over the Housing Committee of the New York State Senate? Is she the chairperson of the Housing Committee of the New York State?
SENATOR YOUNG:Through you, Mr. President. Yes, Senator, I am chair of the Senate Standing Committee on Housing, Construction and Community Development.
SENATOR ESPAILLAT:So this is a bill that impacts 2 million units of affordable housing across New York State. And could you tell us what are the main provisions of this particular bill?
SENATOR YOUNG:Certainly. I would be very happy to do that, Senator. This may take a few minutes. Is that okay with you?
SENATOR ESPAILLAT:Of course.
SENATOR YOUNG:I'd like to give a detailed description. Okay, thank you very much.
Well, this is entitled the Rent Act of 2015. And under Part A it deals with rent in the J-51 extender. Section 1 extends Section 17 of Chapter 576 of the Laws of 1974, otherwise known as rent control, for an additional eight-year period until June 15, 2023.
Section 2 extends subdivision 2 of Section 1 of Chapter 274 of the Laws of 1946 for an additional eight-year period until June 15, 2023.
Section 3 extends Chapter 329 of the Laws of 1963 for an additional eight years until June 15, 2023.
Section 4 amends Section 10 of Chapter 55 of the Laws of 1982, to extend the existing provisions of the J-51 tax abatement program for residential conversions of real property in New York City for an additional eight-year period until June 15, 2023.
Section 5 amends Chapter 402 of the Laws of 1983 relating to residential conversions of real property to extend the existing provisions of the J-51 program until June 15, 2023. And Section 6 provides for an effective date.
So that's under Part A. And basically what that would do is give eight years of predictability and stability to tenants who are in these types of apartments.
Part B, Section 1, addresses the Tenant Protection Unit. And it adds a new subdivision, 2(a), to provide the Division of Housing and Community Renewal the authority to establish a Tenant Protection Unit with the following powers. One, to conduct audits and hearings to review rent increases from individual apartment improvements and review documents for up to a three-year period.
It also would audit, it would be able to audit and conduct audits of owners of housing accommodations and to investigate, administer oaths, issue subpoenas and make inspections upon the receipt of tenant complaints regarding rent regulation that establish reasonable cause.
The bill specifies that individual apartment improvement audits shall be conducted on a random basis by the TPU for apartments which had rent increases in the prior three years, and further provides that the Division of Housing shall promulgate regulations setting forth its audit methodology.
The audits which result in findings of fraud or intentional misconduct, misconduct, shall be expanded to other units owned by such landlord, and the lookback period may be expanded. Owners shall be provided with notice and a hearing and an opportunity to be heard in person, submit witnesses, and produce documents.
Where the TPU finds that an individual apartment improvement was not properly calculated, the owner shall be liable to the tenant for the balance due plus interest. The TPU must notify the owner within 30 days whether the correct amount was charged.
Any determination by the TPU shall be subject to administrative review by the Office of Rent Administration, with ORA's decision to be made available within 90 days, and such decision thereafter shall be subject to judicial review.
A determination that the correct amount of rent increase resulting from an individual apartment improvement {sic} shall preclude any further judicial action by such tenant or the division.
And the division is mandated to make public, available, guidelines and best practices for recordkeeping. Such guidelines shall include a form affidavit by which owners may attest to the performance of the individual apartment improvements when documents are unavailable, including such instances of document destruction, unavailability, or for any reason attested in good faith. And then Section 2 provides for a 90-day effective date with authorization for immediate regulatory promulgation.
So this actually puts into statute, it codifies the Tenant Protection Unit, and it protects tenants. But it also gives due process to owners.
Part C --
SENATOR ESPAILLAT:Mr. President, through you, if Senator Young will yield on that particular part of the bill, the Tenant Protection Unit.
SENATOR YOUNG:Well, actually, Senator, you asked for an explanation of the bill. Would you mind if I just gave the rest of it, and then we'll go back and answer questions.
SENATOR ESPAILLAT:I would prefer if I can ask you -- it's a very lengthy bill, so if you --
SENATOR YOUNG:Senator, I have the floor right now. So I'd like to finish, please.
ACTING PRESIDENT O'MARA:Senator Young does not yield at this point for that question.
SENATOR YOUNG:Under Part C, it deals with tenant income and residency verification. Section 1 amends Section 14 of the Public Housing Law to provide that the Commissioner of Housing and Community Renewal shall establish a system to require the submission of documentation to identify and verify qualifications of any lessee entering or renewing a lease for a rent-regulated apartment.
Such system shall require the submission of information by the owner which identifies and catalogs each apartment owned and maintained by such owner, and include the address of the apartment, number of bedrooms, square footage, and any other information deemed necessary. Such information to be submitted shall also include the current lessee of the apartment, if any, terms of the lease, and any other information deemed necessary by the commissioner.
Such information shall be shared with the New York State Division of Taxation and Finance. And if the Commissioner of Taxation and Finance finds, pursuant to Section 171Z of the Tax Law, that the eligibility of such lessee cannot be verified, the lessee shall be subject to an audit by the Commissioner of the Department of Housing and Community Renewal, in coordination with the Commissioner of Taxation and Finance.
If such audit results in a finding that the tenant does not satisfy the eligibility requirements of Section 171Z, the Commissioner of Housing shall notify the landlord of such finding.
The commissioner shall periodically require further updated submissions, and any information shall not be subject to public disclosure.
Section 2 creates a new section, 171Z, in the Tax Law to require income verification for any resident subject to rent stabilization. And beginning in 2015, the Department of Taxation and Finance shall enter into an agreement with the Division of Housing and Community Renewal to verify whether the occupants of rent-regulated apartments meet the eligibility and income requirements for rent-regulated apartments.
The department shall notify the division of its findings but shall not provide specific income information to the division.
And Section 3 provides for a 90-day effective date.
Part D deals with landlord harassment penalty increases. Section 1 increases the penalties for violating an order of the division from $1,000 for a first offense to a minimum of $1,000, $2,000 for a first offense and $2,000 for a subsequent offense, to a minimum of $2,000, not to exceed $3,000 for a subsequent offense.
It increases the penalty for tenant harassment in order to obtain a vacancy of his or her housing accommodation from a minimum of $2,000 to a minimum of $2,000 to $3,000 for a subsequent offense. And, let's see, under Part D, up to $10,000 or $10,000 for a second offense to a minimum of $10,000 for a subsequent offense. Not to exceed $11,000.
And finally, Part E deals with a prohibition on subletting without Department of Housing and Community Renewal approval. Section 2 provides that no rent-regulated apartment shall be authorized to be sublet unless approval for such subletting is granted by the Division of Housing Community Renewal.
Okay. Senator?
SENATOR ESPAILLAT:Is there anything else, Ms. Young?
SENATOR YOUNG:I think I've pretty much covered the entire bill.
(Laughter.)
SENATOR ESPAILLAT:Thank you. Thank you.
SENATOR YOUNG:So I can sit down now, right?
SENATOR ESPAILLAT:No, of course not.
SENATOR YOUNG:Okay.
ACTING PRESIDENT O'MARA:Senator Espaillat.
SENATOR ESPAILLAT:Yes, I want to go -- Mr. President, through you -- to address the Tenant Protection Unit.
Is there a Tenant Protection Unit functioning right now within HCR, the state housing agency?
SENATOR YOUNG:There isn't one that is codified under statute. It's my understanding from what I'm told during budget hearings that there is some activity that is ongoing. But because it is not codified, there actually is a lawsuit in process right now that would like to abolish the Tenant Protection Unit.
So this actually would codify it into law.
SENATOR ESPAILLAT:Through you, Mr. President.
So this action, this legislation would actually go against the premises of the lawsuit? You are actually looking to codify, to legitimize the Tenant Protection Unit which is currently working under HCR?
SENATOR YOUNG:That's correct, Senator. That's what this would do.
SENATOR ESPAILLAT:Now, through you, Mr. President, would a tenant be able to go to the Tenant Protection Unit under your proposal and report a landlord that has a pattern of fraud or misbehaving actions or activities that hurt tenants, services that are denied? A landlord that has several properties, could a tenant be able to go to the Tenant Protection Unit and report such a landlord?
SENATOR YOUNG:Yes.
SENATOR ESPAILLAT:Will the tenant be able to do that at random or through -- or actually report a pattern of behavior of a particular landlord?
SENATOR YOUNG:Just to clarify, Senator, the audits are random. But the tenant would have the capability at any time to go file a complaint with the TPU.
SENATOR ESPAILLAT:Through you, Mr. President.
ACTING PRESIDENT O'MARA:Do you continue to yield, Senator Young?
SENATOR ESPAILLAT:Have we ever allocated funding for the Tenant Protection Unit through the budget process?
SENATOR YOUNG:No.
SENATOR ESPAILLAT:So through you, Mr. President, this is a unit that's currently working within HCR and we have never allocated a cent to it through the budget process?
SENATOR YOUNG:There have been adjustments to the budget proposals put forward by the Governor. And so there has been no specific funding included in the state budgets for a Tenant Protection Unit in New York State.
SENATOR ESPAILLAT:Through you, Mr. President.
So do you know the results of the Tenant Protection Unit, what have they accomplished, what have they done within the HCR agency? Are you aware of any of the results?
SENATOR YOUNG:We have asked the department in the past for information, but they have not given us much specifics.
SENATOR ESPAILLAT:Thank you.
I would like to now, through you, Mr. President, address the issue of subletting of apartments, which I believe you mentioned in your explanation.
SENATOR YOUNG:Certainly.
SENATOR ESPAILLAT:Through you, Mr. President.
ACTING PRESIDENT O'MARA:Are you on the bill, or do you have a question for Senator Young?
SENATOR ESPAILLAT:I have a question.
ACTING PRESIDENT O'MARA:Senator Young, do you yield?
SENATOR YOUNG:Yes.
SENATOR ESPAILLAT:So this proposed legislation chooses to restrict the subletting of apartments for tenants. Will you tell us what kind of restriction it places on current tenants?
SENATOR YOUNG:Well, basically it would not allow a tenant to sublet their apartment to anyone else. And there have been situations where people are actually profiting and making money off of their apartments that are rent-regulated.
Recently there was a court case decided by the Court of Appeals, the Monteverde case, and in that case it was determined by the court that they considered rent regulation to be a public benefit. And as such, that you can't -- you should not, in New York State or anywhere, personally make money out of a public benefit.
So for example, if you are able to secure food stamps because you meet the eligibility requirements, you should not turn around and sell those food stamps on eBay to make a profit.
And this is the same type of situation, where people are in rent-regulated apartments, they're subletting them out, and they're making a profit. And we're saying that is not acceptable.
SENATOR ESPAILLAT:Through you, Mr. President.
So if a worker, a particular worker has to relocate for a year to another region of the state and that worker has to be gone for a year or so, that particular worker will not be able to sublet his or her apartment?
SENATOR YOUNG:They would be able to sublet the apartment, Senator, as long as they did not make a profit. And that's the point.
So you can still sublet your apartment if a situation such as the one you described arises. But if somebody sublets their apartment so that they can rent it out to make a profit -- maybe somebody visiting the city and they want to have a place to stay, so the person in the apartment wants to make a profit, make some money out of that, that would not be allowed under this provision.
SENATOR ESPAILLAT:And through you, Mr. President, who does that tenant have to report to? Who do they have to report that they're subletting this apartment for a year because they're being relocated to another part of the state?
SENATOR YOUNG:Well, under the scenario where they would be handling this, the lease would -- and by the way, leases have to allow them to sublet in order to sublet, so that's written into the lease.
But at the same time, you would have to get approval by Housing and Community Renewal under this legislation.
SENATOR ESPAILLAT:This is a new provision -- through you, Mr. President, is this a new provision of the law? Currently a tenant does not have to notify HCR to sublet an apartment; is that correct?
SENATOR YOUNG:That's correct, yeah.
SENATOR ESPAILLAT:So this is a new hurdle that a tenant has to go through.
Through you, Mr. President. Are you familiar with a recent report submitted by the State Comptroller that specifies the long wait periods for rent-overcharge complaints placed by tenants before that particular agency?
SENATOR YOUNG:You know, Senator, I am concerned about that. And we would like to get a remedy out of the department.
And if this law were to be put into place, we would request that the department comes to the Legislature during the budget process, comes to the Governor during the budget process, and tells us how much money would be required in order to carry out this program.
And I am sure that the members of the Senate, the Assembly, and the Governor would be happy to comply with their request.
SENATOR ESPAILLAT:Through you, Mr. President.
So this is a provision in the bill that calls on a tenant that may have to relocate to another part of the state to not only notify the landlord or to have a lease that stipulates that in fact they have to notify the landlord, but also to go through HCR, an agency that according to the New York State Comptroller is taking over a year to handle overcharge complaints by tenants.
So in essence, this particular tenant could very well have to wait a full year before he's able to determine whether or not this apartment could be sublet.
SENATOR YOUNG:You know, I think that in these types of instances if a sublet is allowed under the lease, that there would be a way for the department to figure it out. I think they're smart people over at the department. I have confidence in them. They would be able to figure out how to expedite such a process.
But surely, Senator, I hope you're not saying to the chamber and to the people of New York State that if someone is getting the benefit of a rent-regulated apartment and then decides that they want to make money off of that, and there are other people out there who truly need to be in a rent-regulated apartment because of their financial circumstances, that this type of abuse of the system would be acceptable.
And we have heard of abuses of the system through these types of situations. And that is what this bill is targeted at, is to stop those types of abuses.
SENATOR ESPAILLAT:Through you, Mr. President.
No, Senator, I am referring to individuals that abide by the law, that perhaps have to relocate somewhere in the state or across the nation, and have to come back to that particular apartment.
But the record shows that the agency that they have to report to takes often over a year to handle a simple overcharge complaint.
And so there's no funding -- through you, Mr. President, is there any funding for this? You said that there is no funding. Is this an unfunded mandate?
SENATOR YOUNG:So an overcharge would be a factual determination. This is not that. It's not as complicated as dealing with an overcharge.
So there are ways you could set up the system. As I said, I have confidence in the people at the agency. There are ways you could set up the system so this could be fast-tracked, handled quickly, and so the person can have a determination in short order.
And it would be up to the department, the agency, to come to the Governor, to come to the Legislature, as I said previously, and tell us what they would need in order to establish such a system.
SENATOR ESPAILLAT:So through you, Mr. President, this is clearly an unfunded mandate.
And we're hoping that next year the fiscal condition of the state will be better and perhaps we could all come back here and allocate some funding to HCR so they can process these requests for subletting apartments in less than a year.
Now, subletting an apartment is a time-sensitive matter. So if you have a job to work in Connecticut for a year, I don't think that you're going to be able, in many cases be able to wait a full year before you're able to move out of your apartment and go there and work and come back.
ACTING PRESIDENT O'MARA:Senator, are you on the bill or are you posing a question?
SENATOR ESPAILLAT:No, I want to ask a question.
So there is no funding in this particular bill for those purposes. And what standards would DHCR have to follow to process these requests?
SENATOR YOUNG:They would just have to review the subletting proposal and determine whether it's appropriate or not.
SENATOR ESPAILLAT:Okay. Through you, Mr. President, I would like now to address the issue of income verification and the universal registry that is proposed in this particular bill.
The bill calls for income verification and for the HCR, the Department of Housing and Community Renewal, and the Department of Taxation and Finance to actually verify the income of all residents in any of the 2 million units that are being impacted by this particular legislation. Is that correct, Ms. Young?
SENATOR YOUNG:Yes, that would be correct. It's very similar to what we do now with the millions of residences in New York State that receive STAR benefits. You can just go to the website, the state website, do a couple of clicks, fill it in, verify that's your income. And it would be extremely easy.
SENATOR ESPAILLAT:Okay. Through you, Mr. President, does this bill do away with vacancy decontrol, the practice that landlords to deregulate an apartment after going above the $2500 threshold?
SENATOR YOUNG:No.
SENATOR ESPAILLAT:Do you know how many units have been lost in New York State in the last 20 years through vacancy decontrol?
SENATOR YOUNG:You know, I don't have those statistics.
But I will tell you that according to the Rent Guidelines Board, over the last two years there actually have been 1,256 units that have been added. So you're talking about units being lost; over the last two years, over a thousand units have been added to the system.
SENATOR ESPAILLAT:Through you, Mr. President.
Do you know, could you tell us if this particular bill does away with the 20 percent vacancy bonus that allows landlords to hike the rent 20 percent after a tenant leaves the apartment?
SENATOR YOUNG:No, Senator.
SENATOR ESPAILLAT:Do you know if this bill provides for any kind of reform for major capital improvement practices --
SENATOR YOUNG:No.
SENATOR ESPAILLAT:-- that are established right now?
So through you, Mr. President, this bill does not do away with vacancy decontrol, which many folks have estimated resulted in the loss of 200,000 units of affordable housing. It does not do away with the 20 percent vacancy bonus or it does not reform major capital improvement practices.
Does it reform individual apartment improvement practices?
SENATOR YOUNG:Senator, just to clarify. When you say "lost," a lost apartment or unit would be that it's no longer occupied at all.
What you're speaking of, as a matter of fact, is units becoming market-rate apartments at an affordable rate. So I'd just like to clarify that point for you.
SENATOR ESPAILLAT:Through you, Mr. President, does it address individual apartment improvement reforms?
SENATOR YOUNG:No. We did individual apartment approval reform four years ago. Quite extensively, I might add.
SENATOR ESPAILLAT:Through you, Mr. President, does this bill address anything that has to do with preferential rent?
SENATOR YOUNG:No.
SENATOR ESPAILLAT:Through you, Mr. President, does this bill up the threshold for vacancy decontrol? It currently is $2,500. Does it up it to $2,700, $3,000?
SENATOR YOUNG:No. But I will also remind the Senator that four years ago that amount was changed and it was increased to the amount it is now. So it has undergone some changes -- substantial changes, in my estimation -- over the past four years.
And that did occur at that time. So the feeling is because it was changed the last time, that it's at an adequate amount.
SENATOR ESPAILLAT:Mr. President, I want to thank Senator Young for her explanation.
Now on the bill.
ACTING PRESIDENT O'MARA:Senator Espaillat on the bill.
SENATOR ESPAILLAT:This bill proposes to do really nothing for tenants.
There's clearly a consensus across the state, shared by many of us in this chamber, in the Assembly chamber, in the second floor, and across, particularly across the City of New York, that there is currently a housing crisis. In the last 20 years we lost over 200,000 units of affordable housing that have been deregulated. And in the last five years, it is estimated that we lost 35,000 units of affordable housing. Yet this bill proposes no help for tenants.
It doesn't do away with vacancy decontrol. It doesn't do away with the landlord's handsome 20 percent vacancy bonus. It doesn't provide for major capital improvement reform that allows a landlord to do a capital investment in a building, get a rent hike in perpetuity, for life, well beyond the time that that landlord has captured the original investment. It does not reform individual apartment improvement rules. And it doesn't do away with preferential rent, a practice that allows a landlord to rent an apartment, when the market does not yield the rent that he or she may want, at a lower rent, only for the tenant to find out when their lease is up that they're not protected by rent regulation.
So this is a bill that extends rent regulation laws for eight years, pretty much similar to what we have now, which has resulted in a major crisis in New York City.
I will go further and say that it creates greater hurdles and hoops to jump for tenants, including a universal registry where now over 2 million apartments, everybody that lives in them -- father, mother, son, daughter, grandfather -- will have to report their income, a major endeavor. No funding has been established yet as to how we will do that if it becomes law.
In addition to that, subletting practices, which are a part of New York City and New York State, because people travel around the state and often have to move temporarily to other regions, are dramatically changed, asking those particular tenants to not only report the fact that they will be subletting an apartment to a temporary tenant, but also to report it to HCR, an agency that, according to the New York State Comptroller, takes over a year to handle a simple overcharge complaint.
In addition to that, the Tenant Protection Unit, which has been in existence for some years now and which has resulted in the getting at least 39,000 units of affordable housing back, we recouped that back, which is currently being challenged in court by the landlord interests -- finally, this bill acknowledges its existence and tries to codify it, but it guts its practices.
It really eliminates its effectiveness by curtailing their ability to go after persistent unscrupulous landlords that engage in practices that often result in fraud or the displacement of families and tenants across rent-regulated units in City of New York and the State of New York.
So this is a clear extender that doesn't have much for tenants. In fact, it throws a monkey wrench in the middle of what should be an effort to reach consensus and to bring relief to over 2.5 million New Yorkers that are knocking on our doors asking and telling us that the rent is too high and that they can no longer live in the City of New York.
For those reasons, Mr. President, I will be casting my vote in the negative.
ACTING PRESIDENT O'MARA:Senator Squadron.
SENATOR SQUADRON:Thank you, Mr. President.
It's after 9:30 at night here. In just a couple of hours, these rent laws expire. And we're sitting here talking about a bill that doesn't exist in the other house, that has no chance of becoming law and that, as Senator Espaillat just described eloquently, would be deeply destructive if it did.
It doesn't make any sense. It doesn't make any sense to be talking about a bill that goes on for eight years without doing anything about vacancy decontrol or the vacancy bonus, without doing anything about individual apartment improvements or preferential rents.
So a bill that is essentially designed to ensure a significant shrinking of the stock of affordable housing in New York City, is sure to ensure an ongoing harassment of tenants because landlords have the incentive to have turnover and churn rather than stability so they can get to that vacancy threshold, and a bill that ensures that special interests will yet again rule the day in Albany instead of the voices of, as Senator Young on behalf of Senator Rules said, 2 million New Yorkers.
This is pure politics. It's pure politics at 9:30 at night. I'm not going to speak long, because we shouldn't be here debating this bill.
I would urge the Majority to go downstairs, sit with the Governor. The Assembly has been clear on their position here. And let's get a bill passed that extends and strengthens rent regulation. Let's get a bill passed that speaks to my constituents and the constituents of so many of us in this house who desperately need to know that their affordable housing is protected, that their city, in New York City and a number of the surrounding cities, is one that's going to continue to be diverse and allow people along the economic spectrum to make a life.
Let's not sit here and do this kind of political bill that's got no chance of being law at a time when tenants across New York City and beyond are really afraid of what the expiration of rent laws means.
Let's be clear, it's not going to mean anything in the next couple of days. You've got to be sure about that. If anyone's threatened or anything different is suggested, you have to know that's not the case.
But nonetheless, people know the laws by which their homes are protected are expiring, and here in the State Senate we are dealing with a political bill that has no chance of being law. Let's stop, go downstairs and negotiate. Let's get a bill that deals with these issues.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President. If the sponsor would yield, please.
ACTING PRESIDENT O'MARA:Senator Young, will you yield?
SENATOR YOUNG:Yes.
SENATOR KRUEGER:Thank you.
So I listened carefully to the Senator's explanation of what's in the bill. I listened carefully to what Senator Espaillat argued needs to be in the bill. They don't match.
But Senator Young answered: "We think the current standards are adequate." Who are "we"?
SENATOR YOUNG:So I think that in the Senate on our side of the aisle, we feel that the system as it stands right now, with a straight extender and with some modifications -- and this is a good opportunity to make some reforms, to make sure that those receiving the benefits of rent regulation and rent control do indeed qualify for that -- and with the other reforms that we have as far as dealing with landlord harassment, the Tenant Protection Unit, all those parts of the bill we feel are very good policies, that they should be put into place. And so that's our position on it.
SENATOR KRUEGER:On the bill, Mr. President.
ACTING PRESIDENT O'MARA:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank the sponsor -- well, not the sponsor, the spokesperson for Senator Rules.
Speaking on behalf of the over 2 million people who live in New York City, we think the current standards are completely inadequate and this bill is an outrage. It would do nothing to help and only harm affordable housing and the tenants in New York City housing over an eight-year period.
For the record, Mayor Bloomberg spent $8 billion to build 165,000 affordable units, and at the end of his tenure assignment we were further behind on affordable units that when we started. Why? Because of the existing standards for rent regulation and the fact that under existing law -- that would only be made worse if this bill tonight became the law of the State of New York -- we have seen hundreds of thousands of units removed from affordability in the City of New York.
We have a mayor and a City Council who are committed to a plan for 200,000 new units, who are down there in New York City -- perhaps some of them are up here -- begging us to pass the kind of bill the City of New York needs.
Every one of us who come from New York City is hearing from our residents, our constituents, that expiration is terrible but this version would be even worse than the existing law.
So when we talk about what New York City needs, I would argue we ought to listen to New York City. I would argue the State of New York ought not to be making housing policy for New York City at all, that we should actually repeal the Urstadt Law that was passed in 1974 and give control of housing policy for New York City back to New York City. But I suspect if I were to put that on the floor tonight, that wouldn't pass either.
So we'll do our dance. This legislation is completely unacceptable and insulting. And when we talk about "we," let's just be very clear. The "we" that actually has to find and keep affordable housing in New York City are not the "we" who are supporting this bill. I vote no.
Thank you, Mr. President.
ACTING PRESIDENT O'MARA:Senator Hoylman.
SENATOR HOYLMAN:Thank you, Mr. President. On the bill.
I wanted to thank my colleagues for that very interesting debate, in particular Senator Espaillat for your expert questioning elucidating a lot of the concerns that my constituents are feeling at this very moment.
I have 50,052 units of rent-regulated apartments in my district. That's the Upper West Side and Chelsea, Peter Cooper- Stuy Town, which has 25,000 residents who are rent-regulated -- that's larger than many towns in New York State. And they're wondering tonight what's going to happen. A lot of them are probably watching or going to wake up in the morning and call their friends and their neighbors, and they want to know is their apartment still going to be regulated.
Well, we've tried to reassure them, that they shouldn't sign anything, that they should sit tight, that the Legislature will fix this problem. And I hope that is going to be the case. But I have to wonder, because -- I mean, this isn't Schoolhouse Rock. This isn't the way we learned how a legislature is supposed to function.
It's almost 10 o'clock. We've had this issue on our table for years. We're at the eleventh hour, and we have no resolution in sight, even. We could have had a committee hearing, we could have had a public hearing, but we failed to do so. And now I have constituents, Mr. President, I have seniors, people with disabilities, vets, single moms with kids, calling wondering what their status is going to be in their rent-regulated unit tomorrow morning.
And I have to ask my colleagues on the other side of the aisle, you may not have rent-regulated tenants in your district, but think about your communities. Think about if your community was being overturned gradually, if your neighbors and friends had to leave in droves, as so many of them are having to do in Manhattan.
And the New York Daily News did an exposé on this very fact, and they found that 100,000 units of rent-regulated apartments are likely to be flipped to market if we don't do something about vacancy decontrol. And that includes so many neighborhoods for so many of us.
For me, in the neighborhood of Chelsea, 27,878 total rent-regulated apartments, 11,000 of them are likely to be flipped to market rate. That's 41 percent. Forty-one percent of that neighborhood could change, could have to leave? Forty-one percent of my friends, my colleagues, my constituents?
That also includes the neighborhood of Lower Manhattan, Murray Hill, Stuyvesant Town. And Stuyvesant Town, of 25,908 units in the Murray Hill, Midtown East area, 35 percent of them, 35 percent of those units could go market.
So this is a serious, serious crisis. And we're taking it very seriously. And while I think the bill before us was an attempt to address a very complicated issue, I think it really strikes me as one that was in fact an ability -- you took the opportunity, rather, to use so many of my constituents as a bargaining chip. And I have to say I don't appreciate it.
I think that we owe our citizenry the full and complete and sincerity of our efforts here, Mr. President. We should not be toying with the lives of rent-regulated tenants who are waking up tomorrow morning not knowing whether we've done our job here or not.
And I would urge my colleagues on the other side of the aisle to meet with the Assembly, to hammer out a plan, to make certain that if we renew the laws, we don't spell the death knell of rent regulation. Because I'm hearing that there is some appreciation for rent-regulated apartments, but if we don't end vacancy decontrol, in eight years we may not have any rent-regulated apartments left.
So it's so important, Mr. President, for us to address this issue head on, with sincerity. And I will be voting nay on this bill and urge my colleagues to do the same.
Thank you.
ACTING PRESIDENT O'MARA:Senator Rivera.
SENATOR RIVERA:Thank you, Mr. President.
When I got here five years ago, I didn't know many Republicans. And I had never lived outside the City of New York -- I still haven't, since I moved to New York State.
And so talking to my colleagues across the aisle, whether they represent suburban districts or represent rural districts, I admit I know nothing about farms. I think one of the funniest things you could do is watch me go through a farm walking around, probably tripping and falling on mud and what have you.
Therefore, I don't understand the issues of farming communities upstate. So I listen to my colleagues on those issues -- suburban districts, other districts across the state.
I would think, then, that my Republican colleagues should take a second to listen to the folks that are actually representing the people that these laws going to impact.
I'm appalled, Mr. President. I have almost 70,000 units in my district. And let me say just a little bit about my district. The median income is $26,000 a year in New York City, in the Bronx.
The number-one issue when people come to my district, whether first it's either employment or housing, it's usually somebody needs a job or somebody has an issue with their landlord or are looking for an apartment, and usually the two are connected. Somebody doesn't have a job, they can't afford an apartment. Or maybe the apartment that they have they can barely afford with the job that they have. Those are the realities of the people that we represent.
Seventy thousand units. I live in one of them myself. The reality is that if rent stabilization did not exist in the State of New York, I would not be able to live in the city or thrive in the city.
I have -- regardless of the conversation that we've had here about raising our salaries, compared to my constituency, I live a pretty good life. That is not their reality. Their reality is that they can barely get by today with the laws as they exist.
In the last couple of months, the last couple of months we have said over and over again -- not just us, but thousands of our constituents that have come up here, thousands of constituents have called each one of your offices and yours. People that have walked through out doors, they have told us that we need to talk about rent regulation and we need to talk about the fact that in just a few hours, they will expire.
And as opposed to having a real conversation about that, what we do -- or not we, but we as a body -- is we put this bill on the floor that we know has no chance of passing and becoming law. And instead of considering what the Assembly did, which is at least put a two-day extender so that we can have conversations -- because I understand deals take time. But as opposed to doing that, so at least we can have a conversation, we take this opportunity to put this bill on the floor which, as all my colleagues have pointed out, does nothing to solve the issue of the constituencies that we represent.
And certainly if it became law -- and it won't. But if it does because law, it would perpetuate the conditions that make sure that more and more units are lost and that less and less people can actually live in the State of New York.
So, Mr. President, as you can probably guess, I will be voting in the negative. But one more thing I wanted to mention, because this bill -- again, it's just bad from top to bottom. There's one point in particular that I just want to talk for two seconds, this income verification system.
It reminds me of the conversation that in other states in the country we're having about voter fraud. The idea that we need to get rid of voter fraud, right? In other parts of the country there have been bills and laws that have been established to try to eradicate this problem -- which doesn't exist. It is a solution looking for a problem.
This idea that we need to make sure that the people that are living in these apartments are not stealing from them, right, are not taking advantage of a system, is not the reality of the hundreds of people that have come into my district, or thousands, over the years that I've been representing my district in the Bronx. So it is a red herring, and it is just another bit that is just as horrible as the rest of the bill.
So, ladies and gentlemen, I don't know why we are considering this. Well, actually I do know why. But I will just say that it is an insult to thousands of constituents across the State of New York. It is an insult to the conversation that we've been trying to have for the last couple of months about how to renew rent regulation and do it in a thoughtful way that actually takes into account the hundreds of thousands of New Yorkers, the millions of New Yorkers that don't know, in two hours, whether they're going to have a place to live.
I vote in the negative, Mr. President.
ACTING PRESIDENT O'MARA:Senator Sanders.
SENATOR SANDERS:Thank you, Mr. President.
It's a fine clock that faces me right in front, very old and very nice, if the truth is told. But tonight it's looking uglier and uglier on the bill.
In two hours, roughly, two hours and ten minutes, if one wants to be exact, a social compact that we have hammered out in this great state is going to expire in rough two hours. We are going to advocate our position in government, and we're going to say to the people, 2 million strong: You are on your own. There will be a period of time where the social safety net that we have said that we are going to make sure exists will not be there.
How long that will be remains to be seen. But in two hours, roughly, we're going to say to people, we're going to say to hardworking people, You've done your part of it, of the social compact, you've got out there and you got the best job that you could, you worked as long as you could, you put in those extra hours, you did everything you could so that you paid your rent so that you could make sure that your children were taken care of -- and yet we have not.
We knew this day was coming. My colleague right in back of me has a clock that he's not allowed to bring in here. Wouldn't that clock be useful right around now, where we can see it wind down, moment by moment. What that means is people are getting closer and closer to a type of panic, a type of horror of not knowing if your rent is going to increase, will it double, will it triple, can you do anything about it.
They've done their part. I urge my colleagues that there's still some time. We should take those two hours. We should quietly get to a quiet room with the Assembly and say, Hey, let's hammer something out, that we in New York are better than this, that we at the state level, we can make a compromise, we can reach an understanding that will be something positive for the people of New York.
So my comments have been short because tonight I want to give you every second that you can to -- get thee to a monastery? No, that we need to get to our colleagues and really work on what the people of New York deserve.
Thank you very much, Mr. President.
ACTING PRESIDENT O'MARA:Senator Latimer.
SENATOR LATIMER:Thank you, Mr. President. On the bill.
It appears in our discussion tonight we are identifying our geography as well as our politics. So I stand as a suburban Democrat, which is a rather unique species in this chamber -- perhaps a very endangered species. But the bottom line is that I had a moment last week on a different bill that I think, Mr. President, is germane to this bill, so I'd like to reference that to make the point on this bill.
A bill was surfaced last week to modify the SAFE Act, which I voted for, along with other people in this chamber. And I was one of only a couple of members of my conference, and the only one in my geography, that voted for that amendment, those changes. And I did that not because I personally own a gun -- I don't -- not because I've ever fired a gun -- I haven't -- but because I talk to friends of mine and colleagues both in this chamber and the other chamber that I was in, and I tried to understand what was it about the SAFE Act that has made people in upstate so upset and in some ways beyond what the actual provisions of the act did.
And as I thought about what I heard from some of my colleagues -- and I consider them friends even if we disagree on issues, even if we work at opposite ends at election time -- I understood that there was a certain reality in upstate which a suburbanite or a city person might not understand, but that that reality had to be respected. And if this chamber was going to make a modification on the SAFE Act, then I should be thoughtful, as a suburban Democrat, for the needs of people that I don't represent.
So I voted in a way that is not necessarily popular in my district. The SAFE Act was very popular in my district.
Tonight I think this is a very similar situation, if not for me -- perhaps for me -- but for other people in the room. These provisions do affect 25,000 units in Westchester County. Senator Stewart-Cousins has the bulk of those; Senator Murphy and I have some of them. There are a few in Nassau County, I'm not sure who represents those. There are some in Rockland County as well.
But this is a question of me trying to understand not just what's happening in parts of Westchester, but what is happening in the Bronx and Brooklyn. And that reality may be as different to me in my district as the realities are in the Southern Tier of New York State or in the Adirondacks of New York State. But they do send us here to make decisions about the whole state and the pieces of the state.
So my sense is that rather than castigate a majority -- we know where the votes are going to be tonight, and we know how this issue is going to be resolved tonight in this chamber -- I'm going to look past tonight's vote. Because it is accurate that neither the action taken here tonight by the majority nor the action taken down the hallway by the other majority is the final word on this.
It will take us a way -- and I'm not going to be part of that us, not being a part of leadership -- but it's going to take a royal us to sit and talk through the differences that we have and the separate interests that we represent, and we're going to have to try to figure out which path we want to go down.
Do we want to go down the path of being Republicans and Democrats eternally at each other's throats? Do we want to go down the path of upstaters and city peoples eternally down each other's throats? Do we want to go down the path where everything we do is all about the next election?
Or do we want to take a broader of view of New York and say that things that are right can be worked out by reasonable people, different conflicting interests can somehow be harmonized, and out of that process, Mr. President, we will have a better New York?
I believe in that, and I hope for that. And whatever happens in tonight's vote, I hope that's what will happen in the next 24 or 48 hours. Thank you for the time.
ACTING PRESIDENT O'MARA:Senator Hamilton.
SENATOR HAMILTON:Mr. President, I rise in opposition to this bill.
As I stand here today, many constituents in my community are living the American nightmare right now. The American dream is being denied to the middle class, who are now becoming the working poor. Many individuals in my district now pay more than 50 percent of their income to rent.
And every day we come into these chambers and we pledge allegiance to the flag and we say we want to get liberty and justice for all. I wonder if we really truly understand and mean what we say, with liberty and justice for all.
What's happening now is not justice for all in the working class in my district. Studio apartments now are going for $2200 a month. We won't raise the minimum wage, so people are living three families in a three-bedroom apartment. That's what's happening to many people in my district.
So rent decontrol is an important aspect in my district, and this bill doesn't really address it. And I just wish that we could all come together as a family, as a Senate family, and do the right thing for the working class, the middle class, who are now being pushed to the margins in New York State.
And I think for us to be the great state, the Empire State that we are, it's not a Democratic issue, it's not a Republican issue, it's a human issue. And I hope we can come to a decision and a determination to make sure that all New Yorkers have affordable housing, be it if you're a farmer, a farmworker -- that's why I vote for the farmworkers' bills.
I vote on issues not based on Democrat or Republican, I vote on issues based on common decency, based on being a person who believes that everybody should be able to live in this state, raise their family, have good schools, have affordable housing. We all have the same values. We all believe in the same things.
But for some reason when we get into this room, we have a Mason-Dixon Line going down this aisle right here. And I hope we can change that. This is not the North and the South. You know, maybe it is the north and the south.
(Laughter.)
SENATOR HAMILTON:But you know, we talk about the North Country, which I love, which is truly upstate. I love the city too. And I want all of us to work together as New Yorkers in the great State of New York to make sure our great state can still be the leader in the future.
So we have two hours left. And I feel that maybe not tonight, but sometime before we leave here this week, we can come to a resolution that works for all New Yorkers and not just for some New Yorkers.
So I have to vote in the negative, Mr. President, on this bill. And I just hope that as we look at the mothers in New York City who go to work every day and come home to live in a shelter because their minimum-wage salary cannot afford them affordable housing in our district -- in New York City now we have the highest homeless rate ever in New York State. And you would think that we would come to a resolution on how to alleviate that.
If this bill does not pass, the homeless rate will increase, if not double. And here we are the greatest state, New York, and we pride ourselves on people being homeless in our great city. So I have to vote no on the bill.
Thank you very much.
ACTING PRESIDENT O'MARA:Thank you, Senator Hamilton.
Seeing no other Senator wishing to be heard, debate is closed. The -- Senator Young to close.
SENATOR YOUNG:Thank you, Mr. President. To close the debate.
First of all, I want to say that I deeply respect my colleagues on the other side of the aisle, and I appreciate your impassioned concerns.
Senator Rivera talks about people living in his district who earn around $26,000 a year. Senator Hamilton talked about people paying more than 50 percent of their income in rent. And that's why we passed in this house just a couple of weeks ago the TRIE program, which is the Tenant Rent Increase Exemption program, that is a rent freeze for people living in rent-regulated apartments who are earning $50,000 a year or less and paying more than 50 percent of their income toward rent.
We know people in those types of situations truly, truly are struggling. And that's why we put forward that bill. It's actually based on a very popular program, SCRIE, the Senior Citizen Rent Increase Exemption, and another program, the DRIE, Disabilities Rent Increase Exemption. We'd like to get all three of those made into law to address the situations that you just described.
Now, I want to remind everybody that the legislation we're voting on right now is an eight-year extension of the rent laws in New York State, eight years. And it would give tenants that predictability, that stability that they talk about.
And so to say that this bill has no chance of becoming law -- I know we heard from a couple of our colleagues on that. It could become law tonight. It's 10 o'clock. We would just to pass this, send it over to the Assembly, have the Assembly pass it, the Governor could sign it, and it would be taken care of. So I just want to remind people of that.
You know, we want the same things, I believe. We want to have more affordable housing in New York City. We want more affordable housing in New York State. But the reality is -- and people talk about this, I've heard you talk about it on the other side of the aisle -- that there is a housing shortage, there is a housing crisis in New York City.
Rent control and rent regulation has been around for 72 years, and it's not working. And it's because it artificially limits the supply of housing. If you apply the basic laws of supply and demand, we could cure this. And one of the ways you do it is by increasing the supply.
So for example, right now in the Senate there's been a bill that's been introduced that is a variation of Mayor de Blasio's 421-a program that would basically expand the number of rent-regulated apartments in New York City by providing a tax exemption as an incentive. So it would increase affordability and add to the existing rent-regulated stock, and these units would be in rent regulation for 35 years.
So there are solutions out there that are on the table. And I have to tell you, you know, I'm old enough now, I lived through the '70s. And I hate to say that, but -- anybody who lived through the '70s? I know you have. So you remember, probably, as I do, when there were price controls put on gasoline. And we had to -- six kids in my family, we had a station wagon, because that's how we could fit everybody into it. But we had to wait in those long lines. We had only get gas on Tuesdays and Thursdays because those were the only days you could get it. And it's because of the laws of supply and demand, and there was a limited supply because of price controls.
We see a similar situation with the housing in New York City.
So from our perspective, we need to give that stability, pass this rent bill tonight, get it done in the Assembly, have the Governor sign it. It would be an eight-year extender. But at the same time we have to work on solutions that actually increase the supply of affordable housing in New York City and New York State.
Thank you.
ACTING PRESIDENT O'MARA:Thank you, Senator Young.
Debate is now closed. The Secretary will ring the bell.
Will members please return to the chamber so we can complete the final vote of the night.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT O'MARA:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT O'MARA:Announce the result.
THE SECRETARY:In relation to Calendar 1597, those recorded in the negative are Senators Addabbo, Avella, Breslin, Carlucci, Comrie, Díaz, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Kennedy, Klein, Krueger, Latimer, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins and Valesky.
Ayes, 32. Nays, 30.
ACTING PRESIDENT O'MARA:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'd like to hand up some other committee assignments.
ACTING PRESIDENT O'MARA:The committee assignments are received and filed with the Journal Clerk.
SENATOR DeFRANCISCO: First, an announcement.
There's going to be a Republican conference promptly at 10:30 a.m. So be there on time, please.
Is there any further business at the desk?
ACTING PRESIDENT O'MARA:There is no further business, Senator.
SENATOR DeFRANCISCO: Then we are adjourned until Tuesday, June 16th, at 12:00 noon.
ACTING PRESIDENT O'MARA:The Senate stands adjourned until Tuesday, June 16th, at 12:00 noon.
(Whereupon, at 10:12 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
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Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.