Gaveled in 1:02 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 16, 2015
1:02 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask all present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:I know that we are all very excited today and very pleased to have with us and very anxiously want to extend a warm and enthusiastic welcome back to not only an extraordinary public servant, but an exceptional man: Senator Tom Libous.
Welcome back to the chamber.
(Lengthy standing ovation.)
ACTING PRESIDENT GRIFFO:I would ask that we all please bow our heads in a moment of silent reflection and prayer, and I would like to read to you from Joshua, Chapter 1, Verse 9. And we are so pleased to have Senator Libous back with us today.
"Have I not commanded you? Be strong and courageous. Do not be frightened, and do not be dismayed, for the Lord your God is with you wherever you go."
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Monday, June 15th, the Senate met pursuant to adjournment. The Journal of Sunday, June 14th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Can I have some order in the chamber, please.
Senator Flanagan.
SENATOR FLANAGAN:Thank you, Mr. President.
I appreciate everyone's being in the chamber. I have now come to learn that Senator Griffo is a deeper man of faith than I knew three minutes ago.
(Laughter.)
SENATOR FLANAGAN:And it's never wrong to have a good moment of silence, never wrong to have a good prayer.
And I want to take the opportunity to add to your voice and to those of my colleagues to welcome back our colleague, our friend, our mentor, an incredibly long-term dedicated public servant, a gentleman who demonstrates intestinal fortitude, strong will, perseverance. Fran says he's a pain in the neck, literally.
But he is -- it is wonderful to see Senator Libous back. And I'm going to comment on something that far too often gets lost in the world outside this place. There's a human element to what we do. And there's a dynamic where colleagues become friends and you share each other's lives. You share the good times, you share the bad times. But you share all of them, Democratic or Republican, Assembly or Senate.
And we should never walk away from that, we should never forget that, and we should always remind people that we try and hopefully treat each other the way we would like to be treated.
So from a human standpoint and from an affection standpoint, from a faith standpoint, whatever it may be, that's why it's even better to have Tom Libous back sitting in his chair.
Now, we also get the double pleasure of welcoming his beautiful long-term pal, wife, ardent supporter, lifesaver -- literally. That is Fran Libous, who, you know, has had her own challenges. But she's got that wicked crazy smile; never deviate from that.
And the Libous family, you know, I think a lot of us look and think, could I handle this? You know, would I be able to do all the things that they deal with and still come out of it ahead and get back to Albany for the end of session?
So to Tom and Fran, I want to give you a very hearty New York welcome, a New York State Senate welcome.
I'm just going to end on this. Libous thinks everyone's happy to have him back because we haven't seen him. I'm happy to see him back because we need his vote.
(Laughter.)
SENATOR FLANAGAN:So, ladies and gentlemen, one more time: Tom Libous and Fran Libous.
(Extended standing ovation.)
ACTING PRESIDENT GRIFFO:Thank you, Senator Flanagan.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 12, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 6045B and substitute it for the identical Senate Bill 4141B, Third Reading Calendar 339.
On page 13, Senator LaValle moves to discharge, from the Committee on Rules, Assembly Bill Number 6990B and substitute it for the identical Senate Bill Number 250B, Third Reading Calendar 410.
On page 17, Senator Marcellino moves to discharge, from the Committee on Cultural Affairs, Tourism, and Parks and Recreation, Assembly Bill Number 564A and substitute it for the identical Senate Bill Number 4553A, Third Reading Calendar 492.
On page 17, Senator LaValle moves to discharge, from the Committee on Rules, Assembly Bill Number 6223A and substitute it for the identical Senate Bill Number 4391A, Third Reading Calendar 507.
On page 24, Senator Funke moves to discharge, from the Committee on Rules, Assembly Bill Number 5266 and substitute it for the identical Senate Bill Number 4747, Third Reading Calendar 737.
On page 24, Senator DeFrancisco moves to discharge, from the Committee on Rules, Assembly Bill Number 5359B and substitute it for the identical Senate Bill Number 3956B, Third Reading Calendar 744.
On page 25, Senator Seward moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 5284 and substitute it for the identical Senate Bill Number 3537, Third Reading Calendar 769.
On page 26, Senator Griffo moves to discharge, from the Committee on Health, Assembly Bill Number 627A and substitute it for the identical Senate Bill Number 738A, Third Reading Calendar 817.
On page 30, Senator Murphy moves to discharge, from the Committee on Commerce, Economic Development and Small Business, Assembly Bill Number 1335 and substitute it for the identical Senate Bill Number 4319, Third Reading Calendar 921.
On page 30, Senator Boyle moves to discharge, from the Committee on Rules, Assembly Bill Number 5920A and substitute it for the identical Senate Bill Number 4446A, Third Reading Calendar 932.
And on page 31, Senator Felder moves to discharge, from the Committee on Children and Families, Assembly Bill Number 7750 and substitute it for the identical Senate Bill Number 5627, Third Reading Calendar 1010.
ACTING PRESIDENT GRIFFO:The substitutions as presented and read are so ordered.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports of state officers.
Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
I believe that Senator Gianaris has a motion and also Senator Valesky has one, if you could call on them. And then come back to me, please.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
Let me also add my remarks that it's great to see Senator Libous back with us again. He's across the aisle, obviously, but has been a pleasure to work with, and it's great to see he's doing well enough to join us today.
On behalf of Senator Kennedy, on page 41 I offer the following amendments to Calendar 1222, Senate Print 5306B, and I ask that said bill retain its place on Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Klein, I move to amend Senate Bill 3415A by striking out the amendments made on June 15th and restoring it to its previous Print Number 3415.
ACTING PRESIDENT GRIFFO:It is so ordered.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
On behalf of Senator Felder -- and I need to get my glasses in focus here -- I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. That would be Senate Print 5618.
ACTING PRESIDENT GRIFFO:It is so ordered.
SENATOR LIBOUS:I believe at this time we could move to adopt the Resolution Calendar, with the exception of Resolutions 2923, 2851, and 2568.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar with the exception of Resolutions 2923, 2851, and 2568 signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted as indicated.
Senator Libous.
SENATOR LIBOUS:Mr. President, would you please bring up Resolution 2923, read the title only, and call on Senator Robach.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2923, by Senator Robach, commemorating the 100th Anniversary of Sage Rutty and Company, Inc., in Rochester, New York, on June 13, 2015.
ACTING PRESIDENT GRIFFO:Senator Robach.
SENATOR ROBACH:Yes, Mr. President, I just wanted to take a moment to highlight the 100th-year anniversary of Sage Rutty. Making it for 100 years in today's economic times, not the norm.
This financial company has served generations of Rochesterians through all kinds of economic turmoil -- the Depression, numerous changes, societal shifts, and done it in a great way.
They're really an icon company in Rochester, not only preserving wealth for many Rochesterians, their retirement -- they employ 55 people, and they contribute greatly to our fabric and our fiber as a great corporate entity, supporting Tour de Cure to help diabetes, the United Way, so many other charities.
That we're not only glad they've lasted a hundred years, but really want to mark that as well as thank them for the jobs, the financial security and other contributions they make to our community, and wish them the best in the important goals and continuing to contribute all the things they've done.
So to the principals, all the employees of Sage Rutty, we say thank you and wish you all the best on your 100th-year anniversary and look forward to providing financial security as we move forward, not only for the next hundred years but beyond.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Robach.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, there will be a immediate meeting of the Higher Ed Committee in Room 332.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Higher Ed Committee in Room 332 for the purpose of reviewing nominations.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President.
Could we please take up resolution -- for some reason I'm having glasses trouble here -- 2568, by Senator Hassell-Thompson, read the title only, and call on the Senator for comment.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2568, by Senator Hassell-Thompson, memorializing Governor Andrew M. Cuomo to proclaim June 2015 as Gun Violence Awareness Month in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I rise to make known the resolution proclaiming June as Gun Violence Awareness Month in New York State.
Once again, my colleagues and I have joined together to declare this month, June, as gun violence awareness time. Since its inception two years ago, this initiative has garnered statewide and national support, and this year both Philadelphia and Detroit have joined the movement.
Tragically, though, it seems as if gun violence is significantly on the rise across our nation. It is no longer simply an issue derived from poverty versus wealth, city versus suburb, black versus white, gang versus gang, it's people versus people. Gun violence has touched almost everyone's life.
According to the Division of Criminal Justice Services, in 2015 there were 335 homicides by a firearm in New York City, representing 52 percent of all murders in the state. And there is typically an increase in shootings and murder during the summer months.
We hope to start more conversation with all community members, including our youth, teachers, church leaders, gun safety advocates, and law enforcement to develop better ways to end gun violence.
My colleagues and I have determined to stem this senseless violence through legislation, education, and community awareness. And New York State is the only state in the union so far that dedicated an entire month to the issue of gun violence and prevention.
It's unfortunate that New York State, the Empire State, has to lead the way, but it continues to lead the way too often in the issues around gun violence in our communities.
Thank you, Mr. President, for the opportunity to read this resolution into the record. And I had hoped to do this last week at the very beginning of the month, but I appreciate the opportunity to do so today.
ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe Senator Hassell-Thompson would like to open this up for sponsorship. And as the policy goes, if someone chooses not to go on it, to let the chair know, please.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Thanks, Mr. President.
At this time can we please take up a previously adopted resolution, I believe it's 1441, by Senator Parker. Could we have the title read, but I believe Senator Montgomery is going to speak.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 1441, by Senator Parker, mourning the death of Reverend Gardner C. Taylor, preacher, distinguished citizen and devoted member of his community.
ACTING PRESIDENT GRIFFO:Senator Montgomery.
SENATOR MONTGOMERY:Thank you, Mr. President.
I rise to first thank my colleague Senator Parker for introducing this resolution, and it certainly is in many of our names.
And we are proud to speak on behalf of the life and contributions of Reverend Dr. Gardner C. Taylor, who was my own minister and certainly a comfort to me and my family, baptized me and also baptized my son. And certainly I have been and continue to be a very proud member of the Concord Baptist Church of Christ in Brooklyn.
Reverend Gardner Taylor was the grandson of slaves who took over the Concord Baptist Church pulpit in Brooklyn in 1948. He became an influential voice for civil rights and one of the nation's most eloquent churchmen in this country. His impact as a speaker, a writer, a political force in the City and in the nation of long-segregated schools, churches and other institutions reached far beyond his 10,000-member congregation.
He was the author of many books and 2,000 sermons and the recipient of 15 honorary doctorates. In 1980, Time magazine called him the dean of black preachers in America. In 1966, Baylor University in Louisiana said he was one of the most effective preachers in the English-speaking world.
"At a time when white society" -- and this is a quote from Dr. Taylor, "at a time when society, by statute, custom and conversation, just called us 'niggers.' ... How could we have survived without a sense of God and the church telling us that we do matter?"
Dr. Taylor delivered lectures in Scotland, England, Australia, China, Japan, South Africa, Zambia, Malawi, and at universities and churches across the United States.
He gave the pre-inauguration sermon for President Elect Bill Clinton at the Metropolitan A.M.E. Church in Washington, D.C., and in 2000 he received the Presidential Medal of Freedom, the nation's highest civilian honor, from President Clinton.
In New York Dr. Taylor organized civil rights marches and was arrested three times during protests in the 1960s. He was director of the Urban League of Greater New York, a member of the New York City Commission on Intergroup Relations, and a leader of the Kings County Democratic Organization.
In 1958, Mayor Robert F. Wagner, Jr., named him to the New York City Board of Education as the second black member in the board's history.
In 1988 Dr. Taylor, before leaving his congregation in retirement, raised $1 million to establish the Christ Fund, a church endowment whose annual interest is used to provide community improvement grants to Central Brooklyn neighborhoods, so far totaling more than the $1 million original endowment.
Dr. Taylor's sermons are archived at the Interdenominational Theological Center in Atlanta, Georgia. His books include How Shall They Preach, The Scarlet Thread, Chariots of Flame, We Have This Ministry, and Faith in the Fire: Wisdom for Life.
We as members of the Concord Baptist Church of Christ, as well as members of the Brooklyn community at large and the nation of ministers across the country, mourn the passing of Dr. Gardner C. Taylor and shall never forget how much he meant to people in this nation and in his own church and community.
I am grateful for the comments made by Robert D. McFadden, who I've used here today, to list the enormous number of accomplishments of this great man of the church, great preacher, great leader and great person, Dr. Reverend Gardner C. Taylor.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Montgomery.
Senator Parker.
SENATOR PARKER:Thank you, Mr. President. On the resolution.
I just want to add my voice to Senator Montgomery's in remembering Reverend Gardner C. Taylor, Dr. Reverend Gardner C. Taylor, and just thank the parishioners at Concord Baptist Church for lending their pastor to the world.
What you heard in all the enumerations of Reverend Taylor's life, him being America's preacher and the dean of American preaching -- over 2,000 sermons written, over 20 books, one of the first African-Americans appointed to the New York City Board of Education, recipient of the 2000 Presidential Award for Freedom -- he is truly somebody who has been someone that many of us who sit in this chamber right now, that we stand on his shoulders.
And we are able to see a little bit farther because Reverend Taylor was in our lives, because Reverend Taylor provided an atmosphere in which a Kevin Parker could grow in Brooklyn.
That his work was beyond just what he did. And what you heard in the enumerations is all the things that he's done, but not the millions of lives that's touched. Because when you are doing the things that Dr. Taylor did, and making sure that his word got out there -- you know, the work that he did with not just the Board of Education and the President of the United States, but also with Reverend Dr. Martin Luther King.
He headed for a number of years the National Baptist Convention in the United States, and has been one of the leaders in terms of understanding the conditions of African-Americans and then working to build coalitions to in fact change those conditions.
And so we remember him, we honor him. And to his family, we know that there's obviously a deep loss, and so we offer them comfort in our prayers, but still thanking them for allowing him to be part of the life of so many people, not just in Brooklyn, not just in New York City and New York State, but also of America and the world. Because his voice and the things that he's done have reverberated that far and will continue to, I think, be felt by people and generations to come.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Parker.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I rise also to speak on the resolution and to thank both Senator Parker and Senator Montgomery for bringing resolution to the floor.
Dr. Gardner C. Taylor was quite a voice. As many of you remember, my sister, who is also an ordained minister, was one who brought the prayer for one of our opening sessions here in the Senate, and she is a part of a long line of us who knew Dr. Gardner Taylor with his work through the National Baptist Convention.
And because of my mother's work with the convention, we were there at -- we were not physically there, but spiritually there at the time when Dr. King, because of his social consciousness, broke away from the National Baptist Convention, where most of the voice of the black church was being heard, and formed what was known as the Progressive National Baptist Convention, which included Dr. King and some of his teachings, because they felt that the church had a bigger obligation than just preaching the gospel but needed to go beyond the walls and be a part of the social justice and the social fabric of this community that we call America.
And so I want to thank him because, you know, my family's -- my mother's family name was Taylor, and we always attributed ourselves as being related to Dr. Gardner Taylor, but certainly if not through blood, through the spiritual and the Christian life that he led and the legacy that he left.
And several weeks ago, during my pastor's 40th anniversary celebration at the church, when they buried Dr. Gardner Taylor it was a sad moment for him, in the middle of his celebratory experience, to mourn his deep and abiding mentor and friend, and the numbers of pastors who consider him to truly be the guru of the Baptist word.
And so we honor him today, and we appreciate him being a part of the archives of the State of New York, because he certainly deserves that honor.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson.
As noted, the resolution was adopted on April 22nd of this year.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe the sponsor would like to open this up for all members. And if someone doesn't want to go on it, to let the desk know.
ACTING PRESIDENT GRIFFO:The sponsor has opened up the resolution. If you choose not to be a cosponsor, please notify the desk.
Senator Libous.
SENATOR LIBOUS:Resolution 2851, by Senator Hoylman, could we have the title read and then call on the Senator.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2851, by Senator Hoylman, memorializing Governor Andrew M. Cuomo to proclaim June 2015 as LGBT Pride Month in the State of New York.
ACTING PRESIDENT GRIFFO:Senator Hoylman.
SENATOR HOYLMAN:Thank you. Thank you, Mr. President.
And welcome back, Senator Libous. Glad to have you here.
It's an honor to bring this resolution, which proclaims June as LGBT Pride Month in the State of New York, to the floor.
You know, over the last year we've seen an incredible wave of support for equality and justice for lesbian, gay, bisexual and transgender people all across the United States. And that's quite a contrast with just a few years ago. In 2001, 57 percent of Americans opposed same-sex marriage, 57 percent, and only 35 percent supported it.
But now, thanks to tireless advocacy by members of the LGBT community, many of them here in this gallery and across the State Capitol, and our allies, the numbers have flipped. Now 57 percent of Americans support same-sex marriage. That's compared to 39 percent who are opposed.
And it's generational, too. If you look at the numbers, Mr. President, among millennials -- and those are Americans born in 1981 or later. And I don't know if we have any millennials serving as members of this chamber. But 73 percent of them support marriage equality. Among Generation Xers, from 1965 to 1980 -- that's my generation -- it's 59 percent.
Now, you go further down and the numbers unfortunately shrink. Did you know there's a generation called the Silent Generation? I don't know who called them that. But those are folks born from 1928 to 1949. And still, the numbers aren't as high as they are with more recent Americans, but they're headed in that direction.
And this movement and this support has translated into historic and successful efforts to grant basic civil rights for millions of LGBT Americans. And I'm glad that Senator Flanagan mentioned the human element to the work that we do here, because I believe that fighting for justice and equality for the LGBT community encompasses that human element.
And thanks to this action at the state level, nearly 72 percent of the population of the United States now lives in a state that currently issues marriage licenses to same-sex couples. Now same-sex marriage is legal in 37 states plus the District of Columbia, with litigation pending in many states.
And I was proud to be, on the date that the decision Windsor vs. United States was handed down -- and we were standing in front of the Stonewall Inn, in my district, on Christopher Street when we got news that Supreme Court had ruled in Edie Windsor's favor. Edie Windsor is a constituent of mine, as was her attorney, Roberta Kaplan, and it's a great honor to represent them here in this Senate.
And we are eagerly awaiting the release of a historic Supreme Court ruling, possibly as early as Thursday, that could establish the freedom to marry for every same-sex couple in America.
And we should be proud of our work in this chamber. My colleagues who predated me served as a model for the entire country when we passed marriage equality in 2011. It was a landmark moment for this Legislature, for our Governor, and it continues New York's tradition of leading the way on civil rights.
And as a husband and a father of a 4-year-old, I can't tell you what it means to me for my colleagues to have supported my family in that regard.
And we think about our kids. And as the movement progresses, I think it's largely s movement about supporting our youth. And you have to think about some kids who didn't have the fortune of living in a state like New York. Some kids like Leelah Alcorn, who grew up in Ohio, who tragically committed suicide at the age of 17 because she was trans and didn't have the support that she needed from her community for acceptance.
And I'll read an excerpt of her last words that she wrote. She said: "I've decided I've had enough. I'm never going to transition successfully, even when I move out. I'm never going to be happy with the way I look or sound. I'm never going to have enough friends to satisfy me. I'm never going to have enough love to satisfy me. I'm never going to find a man who loves me. I'm never going to be happy. Either I live the rest of my life as a lonely man who wishes he were a woman or I live my life as a lonelier woman who hates herself. There's no winning. There's no way out. I'm sad enough already, I don't need my life to get any worse."
"People say it gets better, but that isn't true in my case," she wrote. "It gets worse. Each day I get worse. That's the gist of it. That's why I feel like killing myself. Sorry if that's not a good enough reason for you. It's good enough for you."
Well, Mr. President, it's not good enough for us. And we in the State of New York need to do more to advance LGBT civil rights.
We've done a lot, as I said. In 2000 we passed a hate crimes law that imposes stiff penalties for hate-motivated crimes. We repealed the archaic consensual sodomy statute in New York State in 2000.
In 2002 my colleagues in this chamber, with the assistance of my predecessor, Senator Tom Duane, passed the Sexual Orientation Non-Discrimination Act, which outlaws anti-gay discrimination in housing, employment, and other accommodations.
We provided same-sex domestic partners of 9/11 victims the same workers' compensation death benefits provided to spouses under the New York State law. We passed a bill making same-sex domestic partners of 9/11 victims, and their children, eligible for World Trade Center memorial scholarship programs. And we passed the September 11th Victims and Families Relief Act of New York State, which included language in the legislative intent section specifying that it's for domestic partners and their kids.
In 2003 we passed legislation making New York State colleges and universities safer for all students, including gay and lesbian students. We passed legislation that removed the last vestiges of New York's history of stigmatizing homosexuality by eliminating terms like "sodomy" and "deviant sexual intercourse" in the penal code. We passed a bill extending membership in state-chartered credit unions to same-sex domestic partners.
In 2004, we passed statewide legislation guaranteeing domestic partners the same access rights as spouses and next of kin. In 2005, we passed legislation giving same-sex partners the same authority as spouses in making burial decisions. In 2006, we passed legislation allowing domestic partners control of their deceased partner's remains. In 2008, we passed legislation allowing same-sex domestic partners access to Family Court.
And in 2010 we did a whole number of important LGBT initiatives -- legislation providing medical care decision-making to same-sex partners; passage of legislation requiring that same-sex partners be treated the same as spouses for bereavement leave; passage of legislation allowing same-sex couples to adopt a child together; passage of legislation that expands and increases access to services for LGBT seniors; and passage of the landmark Dignity for All Students Act, which combats bias-based bullying.
And of course in 2011 you passed marriage equality, after nearly a decade of public education and lobbying. And that organization was largely led by a group that's here with us today in the chamber, the New York State Pride Agenda Foundation, which is celebrating its 25th anniversary this year. And I wanted to acknowledge them for all the efforts they've done on behalf of advancing LGBT civil rights and making our efforts so much better here in the State Legislature.
If we could acknowledge the Empire State Pride Agenda.
(Applause.)
SENATOR HOYLMAN:Thank you very much.
And with all the work that we've accomplished, since 2011, Mr. President, I think we've hit a wall, I have to say, when it comes to some of our issues. My colleague Senator Daniel Squadron knows all too well that we have not yet acknowledged the need to pass the Gender Expression Non-Discrimination Act. And my colleagues in the conference know that we still have yet to pass a ban on so-called conversion therapy, a bill I carry with Senator Mike Gianaris.
And those efforts, though, since 2011, pale in comparison with what's happening in the rest of the country. States all across the nation are passing pro-LGBT bills while we, I think, are stalled in progress.
Connecticut passed gender identity and expression anti-discrimination in 2011. California passed a bill in 2011 requiring local educational agencies to prohibit discrimination. Washington passed a marriage equality bill in 2012. New Jersey banned conversion therapy in 2013. California passed another bill in 2013 requiring equal access to public school facilities and activities based on gender identity. Washington, D.C., banned conversion therapy in 2014. Utah passed a -- Utah passed a comprehensive sexual orientation and gender identity expression anti-discrimination bill. And in 2015, Oregon banned conversion therapy on minors, just this year.
But we have stalled on the bill to provide equal rights for transgender individuals, individuals who can be fired from their job, denied a seat at a restaurant, kicked out of their home simply because, like Leelah Alcorn, who committed suicide at the age of 17, simply because they were born transgender. And that's not right.
And I wanted to implore my colleagues, while we celebrate this wonderful month of pride -- and we've had pride celebrations in every borough of the city and I know many towns and villages across New York -- we need to redouble our efforts to make certain that we continue to be proud of the work we do here, that we celebrate Pride Month by bringing forward legislation to advance the notion -- to advance the human element of this chamber, to protect our kids from discrimination, the next generation, and that we work with groups like the Pride Agenda to see those benefits for all the people of New York.
So I invite my colleagues to join me in this resolution. I invite them to join me at the Pride March in New York City on June 28th. Bring your sunglasses, your rainbow flags, your short shorts, and I'll see you in New York City.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Squadron.
SENATOR SQUADRON:Thank you, Mr. President.
And first of all, I want to thank Senator Hoylman for bringing forth this resolution and for his eloquent and really, I think, very important words on the resolution.
I want to join him in thanking the Pride Foundation for their ongoing work in the march towards, although clearly not yet to, full equality in our state. It has been a march that has had some significant and moving victories emanating from this very room and reverberating across the state and the country, but it's also a march that's had its frustrations, that too often feels stymied in the halls of Albany, too often is overwhelmed by tragedy and crisis out there in the world.
Whether the suicide rate for transgender youth in this state and across the country, the simple fact that basic civil rights that many of us take for granted in housing and employment, at a restaurant, to be served if you order, are not afforded to people who are transgender in the State of New York right now. That is, in this march toward equality, a dark and sometimes overwhelming reality here in New York State.
And the truth is when we talk about resolutions on the floor of the Senate, we often acknowledge a historic event, we often look back at a difficult time in our history. With this resolution, we are taking a moment to acknowledge an ongoing struggle.
This is not a struggle that is part of who we are because it's part of who we once were, it's a struggle of part of who we are because it is ongoing today. Forty thousand people in the State of New York, or more, denied basic rights. They can be evicted because of who they are. They can be fired or not hired because of who they are. They can be refused service because of who they are.
And so this is certainly a moment to take great pride in what we've done as a state, what advocates and activists have done to risk their lives and in many cases lose their lives to get us here. But it is also a moment where I would hope we could rededicate ourselves to break out of what we sometimes do in Albany: Ignore the big issues, allow them to die a quiet death in a back room, go home for the summer or the recess and pat ourselves on the back for those things we did accomplish.
Because until every single New Yorker is guaranteed rights that we all believe people are born with and deserve, none of us should be patting ourselves on the back. The fact that there are New Yorkers who can be legally discriminated against simply because of who they are, how they feel, how they are living their lives, is the shame of our state and something that we must take a moment -- and many more -- to acknowledge on this floor and rededicate ourselves in the fight against.
So I hope to see you all at the pride parade in Manhattan in a couple of weeks, and I hope one day very soon here on the floor of the Senate we'll be able to continue that march toward equality.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
We want to welcome our guests to the chamber today. Thank you.
(Applause.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:There will be an immediate meeting of the Rules Committee in Room 332.
And the Senate will stand at ease until the return of the Rules Committee.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Senate Rules Committee in Room 332.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 1:46 p.m.)
(Whereupon, the Senate reconvened at 2:21 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I understand there's a report from the Rules Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a Committee on Rules report before the desk.
The Secretary will read.
SENATOR DeFRANCISCO: Okay, before you read, I'm going to have to divert attention to get a Cultural Affairs Committee meeting. Immediate meeting of the Cultural Affairs Committee in Room 332.
ACTING PRESIDENT GRIFFO:There's an immediate meeting of the Tourism and Cultural Affairs Committee in Room 332 to entertain a nomination to the State Athletic Commission.
SENATOR DeFRANCISCO: Right. And if everyone within earshot of this voice would please get there, because we're starting the process of bringing nominees through committees and sometimes they have to go through more than one committee.
ACTING PRESIDENT GRIFFO:So the Secretary will read the Committee on Rules report.
SENATOR DeFRANCISCO: Continue to read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 76A, by Senator Gallivan, an act to amend the Public Officers Law;
Senate 430A, by Senator Gallivan, an act to amend the Penal Law;
Senate 533B, by Senator Gallivan, an act to amend the Public Officers Law;
Senate 1468, by Senator Golden, an act to amend the Public Authorities Law;
Senate 1744A, by Senator Carlucci, an act to amend the Criminal Procedure Law;
Senate 2018, by Senator Carlucci, an act to amend the Penal Law;
Senate 2080, by Senator Flanagan, an act to amend the Penal Law;
Senate 2083, by Senator Flanagan, an act to amend the Penal Law;
Senate 2087, by Senator Flanagan, an act to amend the Penal Law;
Senate 2829, by Senator Krueger, an act to amend the Emergency Tenant Protection Act;
Senate 3361A, by Senator Lanza, an act to amend the Vehicle and Traffic Law;
Senate 3785, by Senator DeFrancisco, an act to amend the Navigation Law;
Senate 3913A, by Senator Griffo, an act to amend the Penal Law;
Senate 3971, by Senator Ranzenhofer, an act to amend the Tax Law;
Senate 4306, by Senator Nozzolio, an act to amend the New York City Civil Court Act;
Senate 4394A, by Senator Lanza, an act to amend the Criminal Procedure Law;
Senate 4418, by Senator Kennedy, an act to amend the Penal Law;
Senate 4479, by Senator Farley, an act to amend the Vehicle and Traffic Law;
Senate 4521A, by Senator Croci, an act to amend the Environmental Conservation Law;
Senate 4526A, by Senator Griffo, an act to amend the Public Service Law;
Senate 4547, by Senator Marchione, an act to amend the Tax Law;
Senate 4672A, by Senator LaValle, an act to amend the Education Law;
Senate 4857A, by Senator LaValle, an act to amend the Education Law;
Senate 4875, by Senator Marcellino, an act to amend Chapter 118 of the Laws of 2012;
Senate 4876, by Senator Marcellino, an act to amend Chapter 396 of the Laws of 2010;
Senate 5163, by Senator O'Mara, an act to amend the Agriculture and Markets Law;
Senate 5308, by Senator Marcellino, an act to amend the Tax Law;
Senate 5320, by Senator Ritchie, an act to amend the Executive Law;
Senate 5333A, by Senator Marcellino, an act to amend the Alcoholic Beverage Control Law;
Senate 5421A, by Senator Amedore, an act relating;
Senate 5431A, by Senator Funke, an act to amend the Tax Law;
Senate 5437, by Senator Golden, an act to amend the Public Authorities Law;
Senate 5453A, by Senator O'Mara, an act authorizing;
Senate 5454A, by Senator O'Mara, an act to authorize;
Senate 5455A, by Senator O'Mara, an act authorizing;
Senate 5456A, by Senator O'Mara, an act to authorize;
Senate 5617A, by Senator Libous, an act to amend Chapter 412 of the Laws of 1990;
Senate 5632A, by Senator Golden, an act to amend the Retirement and Social Security Law;
Senate 5706, by Senator Breslin, an act to authorize;
Senate 5710A, by Senator Bonacic, an act to amend the Environmental Conservation Law;
Senate 5712A, by Senator Felder, an act to amend the Social Services Law;
Senate 5730, by Senator Golden, an act to amend the Civil Service Law;
Senate 5739A, by Senator Klein, an act to amend the Public Health Law;
Senate 5750, by Senator Gallivan, an act to amend Chapter 81 of the Laws of 1995;
Senate 5778, by Senator Marchione, an act to authorize;
Senate 5779, by Senator Marchione, an act to authorize;
Senate 5859A, by Senator Serrano, an act to authorize;
Senate 5892, by Senator Valesky, an act to amend the Elder Law;
Senate 5923, by Senator Comrie, an act to amend the Real Property Tax Law;
And Senate 5946, by Senator Avella, an act to amend the General Business Law.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Move to accept the Rules report.
ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Rules report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Committee on Rules report is accepted and before the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Okay. We're waiting for the Cultural Affairs Committee, Tourism and Cultural Affairs.
So we don't waste time, let's start the reading of the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:We will begin the noncontroversial reading of the active list of June 16th.
The Secretary will read.
THE SECRETARY:Calendar Number 71, by Senator Larkin, Senate Print 2747, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 120, by Senator Golden, Senate Print 1471A, an act to amend the Insurance Law.
SENATOR BOYLE:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 158, by Senator Ortt, Senate Print 2966A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 160, by Senator Hannon, Senate Print 781, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 270, by Senator Croci, Senate Print 3137A, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 333 {sic}, substituted earlier by Member of the Assembly Abbate, Assembly Print Number 6045B, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Gianaris to explain his vote.
SENATOR GIANARIS:No, just to clarify, Mr. President. I think I heard Calendar Number 333, but it's 339, I believe.
ACTING PRESIDENT GRIFFO:It's 339, correct, Senator Gianaris.
Calendar Number 339, the Secretary will announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 410, substituted earlier by Member of the Assembly Glick, Assembly Print Number 6990B, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 446, by Senator LaValle, Senate Print 1442A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 492, substituted earlier by Member of the Assembly Galef, Assembly Print Number 564A, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 507, substituted earlier by Member of the Assembly Thiele, Assembly Print Number 6223A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect January 2, 2016.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 538, by Senator Young, Senate Print 3505A, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 571, by Senator DeFrancisco, Senate Print 2060A, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 580, by Senator Lanza, Senate Print 4505, an act to prohibit.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 624, by Senator Carlucci, Senate Print 4896A, an act to repeal.
ACTING PRESIDENT GRIFFO: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 GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 654, by Senator Lanza, Senate Print 3781, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 654, those recorded in the negative are Senators Hassell-Thompson and Krueger.
Ayes, 60. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 660, by Senator Golden, Senate Print 4562, an act directing.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 685, by Senator Seward, Senate Print 1672, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 737, substituted earlier by Member of the Assembly Thiele, Assembly Print Number 5266, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 741, by Senator Robach, Senate Print 5280, an act to repeal.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 744, substituted earlier by Member of the Assembly Magnarelli, Assembly Print Number 5359B, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 749, by Senator Marcellino, Senate Print 5321, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 12. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 761, by Senator Latimer, Senate Print 3302, an act to amend Chapter 88 of the Laws of 2009.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61 --
ACTING PRESIDENT GRIFFO:Are there any negatives?
Announce the results.
THE SECRETARY:Ayes, 60. Nays, 2. Senators Murphy and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 764, by Senator Seward, Senate Print 3411, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 769, substituted earlier by Member of the Assembly Magee, Assembly Print Number 5284, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Hamilton and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 787, by Senator Breslin, Senate Print 4437, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 793, by Senator Amedore, Senate Print 4695, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 813, by Senator Ritchie, Senate Print 5095, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 816, by the Senate Committee on Rules, Senate Print 5336 --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 817, substituted earlier by Member of the Assembly Braunstein, Assembly Print Number 627A, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 827, by Senator Avella, Senate Print 888A, an act to amend the Volunteer Firefighters Benefit Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 832, by Senator Serino, Senate Print 4336A, an act to amend the Village Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 838, by Senator Valesky, Senate Print 4990A, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 839, by Senator Marchione, Senate Print 4994B, an act authorizing.
ACTING PRESIDENT GRIFFO:There is a home-rule message before the desk.
The Secretary will read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 842, by Senator Gallivan, Senate Print 438A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Dilan recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 862, by Senator Carlucci, Senate Print 1422, an act to direct.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 921, substituted earlier by Member of the Assembly Zebrowski, Assembly Print Number 1335, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 927, by Senator Murphy, Senate Print 5353A, an act to amend the State Administrative Procedure Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 932, substituted earlier by Member of the Assembly Steck, Assembly Print Number 5920A, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Boyle to explain his vote.
SENATOR BOYLE:Mr. President, to explain my vote.
This bill simply seeks to clarify that the State Liquor Authority does not now nor have they ever had the authority to revoke, cancel, suspend or impose civil penalties based upon conduct which the authority believes is in violation of another state's law unless it also violates New York law and such businesses are found guilty of violating another state's law in that jurisdiction.
Specifically, this bill requires "for cause" before taking action by the State Liquor Authority.
Mr. President, our authorities and our commissions and our agencies are there to help New York State businesses, not to hurt them. As the chairman of the Commerce Committee, I find the State Liquor Authority far overreaching their regulatory authority and punishing a New York State company and perhaps other New York State companies in the future.
This bill will simply say rein your actions in, only punish actions that are a violation of New York State law. And if it is a violation of another state's law, make sure any company from New York State has due process in that state.
I vote strongly in the affirmative, and I urge my colleagues to do so as well.
ACTING PRESIDENT GRIFFO:Senator Boyle to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 932, those recorded in the negative are Senators Avella, Díaz, Hoylman, Krueger, Perkins and Squadron.
Ayes, 56. Nays, 6.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 941, by Senator Marcellino, Senate Print 422, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 941, those recorded in the negative are Senators Comrie, Gianaris, Hoylman, Krueger, Montgomery, Peralta, Perkins, Rivera, Sanders and Squadron. Also Senator Dilan.
Ayes, 51. Nays, 11.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 952, by Senator Nozzolio, Senate Print 5599A, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Perkins and Sanders recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1004, by Senator Larkin, Senate Print 5079A, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1004, those recorded in the negative are Senators Hoylman, Krueger, Montgomery, Perkins, Rivera and Squadron. Also Senator Dilan.
Ayes, 55. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1010, substituted earlier by Member of the Assembly Lupardo, Assembly Print Number 7750, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1082, by Senator O'Mara, Senate Print 5137, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1085, by Senator Amedore, Senate Print 5316A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Hoylman and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1163, by Senator Golden, Senate Print 3383, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1164, by Senator Lanza, Senate Print 3389, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1230, by Senator Bonacic, Senate Print 5685B, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1246, by Senator Young, Senate Print 5351A, an act to amend Chapter 85 of the Laws of 1934.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR DeFRANCISCO: Lay it aside.
ACTING PRESIDENT GRIFFO:Lay it aside for the day or temporarily, Senator DeFrancisco?
SENATOR DeFRANCISCO: For the day.
ACTING PRESIDENT GRIFFO:Lay it aside for the day.
THE SECRETARY:Calendar Number 1248, by Senator Carlucci, Senate Print 5424, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Carlucci to explain his vote.
SENATOR CARLUCCI:Thank you, Mr. President.
This is an important piece of legislation that I encourage my colleagues to support. What this legislation would do is allow for municipalities to levy unpaid housing violations onto their tax levy.
This will save municipalities time and money to make sure that they can secure those violations, those fines, but most importantly make sure that illegal housing is becoming compliant.
All too often we have, specifically in my community, illegal housing, where unfortunately we're putting families in danger, we're putting our volunteer firefighters in danger. And we have to do everything possible to say enough is enough, we have to correct these illegal housing situations. And I think this is a smart mechanism to do it.
This will make sure that these illegal housing complexes are coming into compliance, that municipalities have the teeth to go after these slumlords and make sure that they are following the law correctly. I believe ultimately that this legislation will save lives, prevent disasters from happening, and protect our firefighters.
So I thank my Senate colleagues for supporting this legislation, and I vote in the affirmative.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Carlucci to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1330, by Senator Savino, Senate Print 5297, an act to amend the Banking Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1330, those recorded in the negative are Senators Comrie, Krueger, Montgomery, Panepinto, Parker, Rivera and Stewart-Cousins.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco --
THE SECRETARY:Also Senator Hamilton.
ACTING PRESIDENT GRIFFO:Okay, the Secretary will continue to tabulate and reannounce the results.
THE SECRETARY:Also Senator Perkins. Also Senator Squadron. Also Senator Sanders.
Ayes, 51. Nays, 11.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, there will be an immediate meeting of the Transportation Committee in Room 332.
And then you can continue on with the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:There is an immediate meeting of the Transportation Committee in Room 332 for the consideration of nominations. All members of the Transportation Committee please report to Room 332.
The Secretary will continue with Calendar Number 1354.
THE SECRETARY:Calendar Number 1354, by Senator Hannon, Senate Print 3393B, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Can I have some order in the house, please.
THE SECRETARY:In relation to Calendar 1354, those recorded in the negative are Senators Bonacic, Gianaris, Larkin and Stewart-Cousins.
Ayes, 58. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1405, by Senator DeFrancisco, Senate Print 4404B, an act to amend the State Finance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1424, by Senator Golden, Senate Print 5610, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 1424, those recorded in the negative are Senators Dilan, Hamilton, Montgomery and Perkins.
Ayes, 58. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1438, by Senator Boyle, Senate Print 1628A --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill is laid aside.
THE SECRETARY:Calendar Number 1455, by Senator Gianaris, Senate Print 3691A, an act to authorize.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1470, by Senator Farley, Senate Print 5501A, an act to establish.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1502, by Senator Bonacic, Senate Print 5381A, an act to authorize.
ACTING PRESIDENT GRIFFO: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 GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 49, Senator Larkin moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 7629 and substitute it for the identical Senate Bill Number 5603, Third Reading Calendar 1503.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1503, by Member of the Assembly Skoufis, Assembly Print Number 7629, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Hamilton, would you like to explain your vote?
SENATOR HAMILTON:Yes. Thank you, Mr. President. I rise to express my vote on this bill, 5603.
I've spoken to many of my brothers in the Lubavitch community, and they have expressed the concern that this bill is not based on a statewide issue but on a specific issue to their community.
My district comprises one of the largest Lubavitch Chabad communities in the state, and I have to vote on the concerns of the people who represent my district. And at this point in time, the feeling is that this bill is unjustly affecting the citizens of Kiryas Joel.
So I will have to vote no on this particular bill, and Shalom to my brothers and sisters in the Lubavitch community.
ACTING PRESIDENT GRIFFO:Senator Hamilton to be recorded in the negative.
Senator Sanders to explain his vote.
SENATOR SANDERS:Thank you, sir.
I have looked at this issue long and hard and have tried to find common ground, tried to find where are we going. And I base what I'm doing on the laws of this great state of ours.
And I understand that there may be differences, and I trust that people find ways of reaching out and resolving their differences. However, based on my reading of the law, based on my understanding of the law, this bill is not one that I can vote for, so therefore you will see me come out against this one.
But I urge the people of these communities to find ways of reaching to common ground, find ways of dealing with this in a better manner than to try to legislate it. And if we can be useful, if I can be personally useful, I would go there and try to do what I can. Since I can't do that at this moment, Mr. President, I will stop there.
Thank you, sir.
ACTING PRESIDENT GRIFFO:Senator Sanders to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1503, those recorded in the negative are Senators Comrie, Dilan, Felder, Golden, Hamilton, Hoylman, Kennedy, Lanza, Martins, Murphy, Ortt, Parker, Sanders, Seward, Skelos and Squadron. Also Senator DeFrancisco.
Ayes, 45. Nays, 17.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 49, Senator Larkin moves to discharge, from the Committee on Local Government, Assembly Bill Number 7639 and substitute it for the identical Senate Bill Number 5643, Third Reading Calendar 1504.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1504, by Member of the Assembly Skoufis, Assembly Print Number 7639, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1504, those recorded in the negative are Senators Comrie, DeFrancisco, Felder, Golden, Hamilton, Hoylman, Kennedy, Lanza, Martins, Murphy, Ortt, Parker, Perkins, Rivera, Sanders, Seward, Skelos, Squadron and Stewart-Cousins.
Ayes, 43. Nays, 19.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1509, by Senator LaValle, Senate Print 5753B, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1510, by Senator LaValle, Senate Print 5754B, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1591, by Senator Serino, Senate Print 5802, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1592, by Senator Serino, Senate Print 5803, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Serino to explain her vote.
SENATOR SERINO:Thank you, Mr. President.
Last month we passed a resolution in this house to recognize May as Lyme Disease Awareness Month, and I stressed the importance of building on that momentum and continuing to spread the word beyond that single month.
Many of you have heard me talk about my son Anthony, who has suffered the debilitating symptoms of Lyme disease. As a mom, I have experienced the frustration and the anxiety that come along with the battle firsthand, and I can tell you those who suffer from Lyme live with its effects far beyond one month.
Throughout my campaign and since taking office, I have heard story after devastating story of families and individuals whose lives have been forever changed by these diseases, and I vowed to take a hard-hitting approach to combating them.
What I've learned since becoming chair of the Task Force on Lyme and Tick-Borne Diseases is that there's a great debate throughout the medical community on how best to diagnose and treat these illnesses. However, almost everyone seems to agree that the key to controlling their spread is education and prevention.
In that vein, I am incredibly proud to deliver by passing a package of bills today that will first educate the public, equip our children with the information that they need, and provide real tools for prevention by stopping Lyme at the source.
Today we are taking a major step in the right direction in the battle against Lyme and tick-borne diseases. I thank my colleagues in this chamber for recognizing the seriousness of this issue and for joining me in the fight to eradicate Lyme from our great state.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Serino.
Senator Serino will be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1593, by Senator Serino, Senate Print 5804, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of today's active list.
SENATOR DeFRANCISCO: I'd like to call a meeting of the Finance Committee so we can take care of the nominations that have now gone through other committees.
The Transportation Committee I think is just ending, so I'll call a meeting of the Finance Committee immediately following the Transportation Committee, which is now, so we can get started and get through the nominations. Then we'll be at ease pending the report of the Finance Committee.
ACTING PRESIDENT GRIFFO:So there will be an immediate meeting of the Finance Committee, following the Transportation Committee, in Room 332 for the purpose of considering nominations.
Until such time as the committees return to prepare and deliver a report, the Senate will stand at ease.
(Whereupon, the Senate stood at ease at 3:00 p.m.)
(Whereupon, the Senate reconvened at 4:52 p.m.)
SENATOR DeFRANCISCO: Senator Griffo.
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I understand you have a report from the Finance Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a report of the Finance Committee before the desk.
SENATOR DeFRANCISCO: I move to accept the report of the Finance Committee.
ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Finance report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Finance Committee report is before the house.
SENATOR DeFRANCISCO: All right. And now can we take up the confirmations.
ACTING PRESIDENT GRIFFO:We will begin the confirmations.
The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination:
As Commissioner of Taxation and Finance, Jerry Boone, of Troy.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT GRIFFO:The nomination is moved. All in favor of the nomination signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Jerry Boone is hereby confirmed as Commissioner of Taxation and Finance for the State of New York.
Congratulations, Mr. Boone.
(Applause.)
ACTING PRESIDENT GRIFFO:Commissioner Boone is joined here with his wife, Janice.
We congratulate you. We extend our best wishes, Commissioner.
Senator DeFrancisco, the Secretary will continue to read.
THE SECRETARY:As Commissioner of Transportation, Matthew J. Driscoll, of Syracuse.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT GRIFFO:The nomination is moved.
Senator Kennedy on the nomination.
SENATOR KENNEDY:Thank you, Mr. President.
I would just like to take this opportunity to first and foremost congratulate the Governor on a tremendous nominee, congratulate Matthew Driscoll on this nomination and confirmation.
I'm very proud to stand here to support Matthew Driscoll as the Commissioner of the Department of Transportation. He's been vetted through the Transportation Committee under the leadership of Senator Robach -- I had the privilege to be on that committee and support him -- as well as through the Finance Committee under Senator DeFrancisco.
You know, we discussed many different issues pertaining to the Department of Transportation all across New York State. I of course represent Western New York, Region 5. We discussed many different issues that are unique to our region in Western New York, including the equitable share of funding and resources that we want to ensure continues to happen, funding equities across the state as it pertains to public transportation, and other initiatives that will be coming our way.
There's no question in my mind that the Governor made the right decision in making Matthew Driscoll the head of the Department of Transportation -- a former mayor of the City of Syracuse, a hands-on individual that I've actually had the opportunity to work with firsthand. I simply sent a letter to his office at the Environmental Facilities Corporation detailing an issue that I had in the Town of Cheektowaga regarding Scajaquada Creek and a very much polluted creek, maybe one of the most polluted waterways in the State of New York.
Matt Driscoll, in his leadership, with so many other issues going on in the state, took time out of his busy schedule to not only return my phone call but set up a meeting with my office and create, in that meeting, a series of commitments that have been followed through upon. And hence, for the first time in decades, we've seen issues in my district being remediated.
It's that sort of hands-on focus that the Department of Transportation needs and will certainly get with Mr. Driscoll at the helm. I congratulate you, Mayor, and look forward to working with you in your new capacity as head of the Department of Transportation. There's no doubt we are all in good hands.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes. With no slight to all the other nominees, I've known Matt forever. And the only reason I'm not going to speak on all of them is because of the hour. And we're not even anywhere near getting through with what we have to get through. So it's not a slight by me or anyone else that they don't speak of you.
But I know Matt for many, many years. The concept that he gets backs to you on phone calls, takes personal interest in your situations and your issues, is definitely a fact. And there's more issues in the Department of Transportation than most.
Senator Kennedy mentioned an equitable distribution of resources. But first, we've got to get resources. You can't equitably divide them unless there's money there. And hopefully we'll use some of the settlements that come forward and the balance of any settlements of lawsuits we have now to go directly to Transportation for roads and bridges so that we can have five-year plans and do things in a logical fashion and do it equitably.
So congratulations, and I vote aye.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
I'm very pleased and proud to stand and second the nomination of Matt Driscoll as Commissioner of Transportation. And I certainly want to commend Governor Cuomo for this nominee.
Agree with everything that Senator Kennedy and Senator DeFrancisco have already said. Mayor Driscoll and I have been friends for a long time and have worked together in a number of different capacities for many, many years.
The one thing I just want to point out to my colleagues, I know that many if not all of you have dealt with Matt Driscoll in his role as president of the Environmental Facilities Corporation. And I think it really is a tribute to a member of the Governor's cabinet when the Governor himself has said: You've done a great job in the role that I've had you in, but now I need you someplace else.
And that really says something about the character and the integrity of Matt Driscoll, that it is time for him to move into a new role, I think greater challenges that he will face. And certainly the Governor has expressed his confidence in him, and I know we all will here today on the floor of the Senate.
So congratulations, Matt, and look forward to continuing to work very closely with you in this new role.
ACTING PRESIDENT GRIFFO:Senator Ritchie.
SENATOR RITCHIE:Thank you, Mr. President.
I too would like to stand and congratulate Matt. Though I haven't known him as so long as Senator DeFrancisco, I have known him since he was the mayor.
And just recently I had a huge problem in my district, and I picked up the phone and called Matt in the position he was in then. He was, like everyone said before me, very attentive, he took it seriously, he met with me a number of times, he worked hard to make sure the issue came to some kind of conclusion that would be helpful for the community that I was advocating on behalf of.
And so, Matt, the commissioner of DOT is a really important position across the state, and especially in my district with the lake-effect snow, that creates another problem. You are keenly aware of it, coming from Syracuse.
So I too want to commend the Governor for putting your name forward, want to congratulate you, and for the record, would like to say I know you're going to do a fabulous job because that's what you've done in the past, and look forward to working with you.
Thank you.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Matthew J. Driscoll as Commissioner of Transportation for the State of New York. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The nomination is confirmed of Matthew J. Driscoll as Commissioner of the State Department of Transportation.
Congratulations, Commissioner Driscoll. Best of luck.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will continue.
THE SECRETARY:As Executive Director of the New York State Thruway Authority, Robert L. Megna, of Albany.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT GRIFFO:Senator Robach.
SENATOR ROBACH:Yes, Mr. President, happy to rise to support and second this nomination.
In addition to Matt Driscoll for the Transportation, I want to say I think that Robert Megna is an excellent choice. All of us in this chamber know him for his great work on the budget, his willingness to work with everybody, he's really get-it-done approach.
And certainly, like DOT, the Thruway is something that all those things are more than transportation. Oftentimes they're the lifeblood of our economy and very, very important. And so it's good that we have someone with that scope, experience and willingness to work globally as Robert has in the past.
So I too would applaud the Governor for this, and looking forward to working with both of these gentlemen in this very, very important part, both as the Transportation chair and as someone that represents districts, as all my colleagues do, that the transportation needs are vital.
So congratulations, and looking forward to a great working relationship. Thanks.
ACTING PRESIDENT GRIFFO:Thank you, Senator Robach.
The question is on the nomination of Robert L. Megna as Executive Director of the New York State Thruway Authority. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Robert L. Megna has been confirmed as Executive Director of the New York State Thruway Authority.
Congratulations, Bob, and best of luck.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will continue.
THE SECRETARY:As member and chairman of the State Athletic Commission, Thomas Lee Hoover, Jr., of New York.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT GRIFFO:Senator Little.
SENATOR LITTLE:Thank you, Mr. President.
I would like to second the nomination of Tom Hoover as the commissioner of the Athletic Commission. He brings a great deal of experience to this position, including working in the Athletic Commission and being a deputy chairman at one time, deputy commissioner.
But he in my mind got his start as a basketball player at Villanova University, where he played for two years, was All-American and was a first-round draft for the NBA for seven years where he played.
So other than that, he has private-sector business experience. He has worked in the boxing world and all of that for a number of years. And with what we have going on in New York State and sports being so important to our state and to our tourism, I know he's going to do a great job as the Athletic Commissioner, and I look forward to working with him.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Little.
Senator Farley.
SENATOR FARLEY:I rise to second this nomination of Tom Hoover.
I spoke with him earlier in the chambers prior to his going in. He knows boxing, and I'm sure that he can bring the venues that we have in Madison Square Garden and also our new venue in Brooklyn. And he's going to be a great chairman. He had a magnificent athletic career.
And incidentally, Senator DeFrancisco, he was drafted by the Syracuse Nats, who I used to watch play. It shows you how far back I go with that. I don't think he ever played there, but he went on to the New York Knicks and many other great teams.
But Tom Hoover has a spectacular career. And I'll tell you one thing, he's going to be the tallest chairman we ever had.
And I wish you well in your tenure, and thank you.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Thomas Lee Hoover, Jr., as member and chairperson of the New York State Athletic Commission. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Thomas Lee Hoover is hereby confirmed as member and chairperson of the New York Athletic Commission.
Tom is joined here by his wife, Sandra.
We congratulate Tom and wish you the best of luck.
(Applause.)
ACTING PRESIDENT GRIFFO:Go Knicks!
Senator Sanders.
SENATOR SANDERS:Yes, I just want wanted to congratulate our new chair. There are many stories, of course, that could be told about his life, but I am especially interested in hearing more about him and Connie Hawkins. The details of that one I am looking forward to hearing.
He has a -- the stories that he could tell of basketball and boxing and music. He also managed many of the greatest groups that we have out here now. So we have a well-rounded chair, and I look forward to working with him.
Congratulations again to you and your wife, sir.
(Applause.)
ACTING PRESIDENT GRIFFO:Thank you, Senator Sanders.
And Go Knicks!
The Secretary will continue.
THE SECRETARY:As Executive Director of the Dormitory Authority of the State of New York, Gerrard P. Bushell, of Manhattan.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT GRIFFO:Senator Parker, then Senator Stavisky.
SENATOR PARKER:Thank you, Mr. President.
I'm happy to rise to second the nomination of Gerrard Bushell, who is someone if you look, if you just even peruse his background, you see is someone who is highly competent and certainly has had a significant experience working in the private sector around the issues that he will be dealing with in the Dormitory Authority.
He certainly understands, you know, finance in a way that I think will benefit not just the people of the State of New York but also attract more opportunities for us in our economic endeavors. In addition to that, he has a significant career in public service as well. And certainly, you know, running the Dormitory Authority will be a marriage of both public service and, you know, corporate high finance.
And so I want to congratulate the Governor for making such a just great, great, great fit in terms of moving the state forward in terms of the Dormitory Authority.
So congratulations to Gerrard Bushell and his family. And I really want to thank him for his commitment to public service and continuing to help lead the state in the right direction.
ACTING PRESIDENT GRIFFO:Senator Stavisky.
SENATOR STAVISKY:Thank you, Mr. President. I too want to congratulate Dr. Bushell.
He is a graduate of Columbia University, bachelor's, master's and Ph.D. And back, the best I can remember, in the 1980s, he was a student of my husband's when Leonard taught at the School of International and Public Affairs at Columbia.
He brings to the Dormitory Authority a background in finance. He had been director of BNY Mellon, but also a public-sector life as well, where he had been director of intergovernmental relations for the New York State Comptroller and had been assistant legislative director at DC37.
So this I think is a wonderful combination of a public-private partnership in the way that DASNY exists as an entity for issuing bonds and for furthering the interests of the state, and I'm delighted to congratulate Dr. Bushell.
Thank you.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Gerrard P. Bushell as Executive Director of the Dormitory Authority of the State of New York. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Gerrard P. Bushell has been confirmed as Executive Director of the Dormitory Authority of the State of New York.
(Applause.)
ACTING PRESIDENT GRIFFO:Mr. Bushell, we want to congratulate you and extend our best wishes. Thank you for being here.
The Secretary will continue.
THE SECRETARY:As trustee of the State University of New York Board of Trustees, Stanley S. Litow, of New York.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Stanley S. Litow as a trustee of the State University of New York Board of Trustees. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Stanley S. Litow has been confirmed as a trustee of the State University of New York Board of Trustees.
Congratulations, Mr. Litow, and our best wishes. He's not here, okay.
The Secretary will continue.
THE SECRETARY:As director of the New York Convention Center Operating Corporation, Andrew Stone, of New York.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT GRIFFO:The question is on Andrew Stone as a director of the New York Convention Center Operating Corporation. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Andrew Stone is hereby confirmed as director of the New York Convention Center Operating Corporation.
The Secretary will continue.
THE SECRETARY:As director of the New York State Environmental Facilities Corporation, Timothy H. Bishop, of Southampton.
As director of the New York State Urban Development Corporation, Hilda Rosario Escher, of Rochester.
As member of the New York State Gaming Commission, John J. Poklemba, of New York.
As director of the State of New York Mortgage Agency, Bethaida Gonzalez, of Syracuse.
As trustees of the SUNY Board of Trustees, Byron Brown, of Buffalo; Richard Socarides, of New York; Cary F. Staller, of Old Field; and Carl Spielvogel, of New York.
SENATOR DeFRANCISCO: Move the nominations.
ACTING PRESIDENT GRIFFO:Senator Kennedy, followed by Senator Panepinto.
SENATOR KENNEDY:Thank you, Mr. President.
First and foremost, I want to congratulate the Governor on a tremendous group of appointments here once again to the various agencies that we have confirmed through the Finance Committee and are now brought to the floor for full confirmation by the Senate.
One of the individuals that I wanted just to recognize personally is the mayor of the City of Buffalo, Byron Brown.
A new appointment to the trustees of the SUNY Board of Trustees, he is someone that has served in this honorable body, recognizes the importance of government, recognizes the importance of education and higher education in the State of New York.
And right in the City of Buffalo proper we have both the South Campus of the State University of New York at Buffalo as well as the newly created Buffalo Niagara Medical Campus, with the epicenter of that being what this body has agreed upon, UB 2020. That is moving forward, where the medical school is creating an economic development that our community and the City of Buffalo has never seen before, a $400 million investment. It's burgeoning economic development, job creation unlike any we have seen in generations, if ever before.
On top of, that there's also Erie Community College right in the city center.
To have the mayor of the City of Buffalo, with all of the economic development progress happening and its intimate connection to the higher education model and SUNY, I believe it's very important that not just from a geographic standpoint but from a position of expertise that the mayor play that role on the Board of Trustees.
Again, I congratulate the mayor on his nomination and the Governor on bringing this individual forward.
On a personal note, in working with the mayor over the course of the last 10 years that he's been in office, I can tell you that we have an incredible man of integrity and focus that's going to help move the entire SUNY system forward.
And I look forward to supporting this nomination and urge my colleagues to do the same.
Mr. President, I vote aye.
ACTING PRESIDENT GRIFFO:Senator Panepinto.
SENATOR PANEPINTO:Yes, I also rise to speak on behalf of Mayor Byron Brown.
You know, the mayor of the City of Buffalo holds a unique place in New York State. He was born in Queens and raised there, and then he went to the City of Buffalo and is a SUNY graduate, he's a graduate of Buffalo State College. And he decided to take up residence in the City of Buffalo.
And I think there's no better person than a SUNY graduate, somebody that grew up in New York City and then moved to Buffalo and went on to be our great mayor, to serve as a SUNY trustee. He knows intimately, you know, how the SUNY system works as a student, and he has been a big advocate for SUNY in his time as mayor.
So this is a great nomination on the part of the Governor, and I vote aye also.
ACTING PRESIDENT GRIFFO:Okay. The question is on the names as presented by the Secretary for the positions designated in red. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The individuals are confirmed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes. Would you go to motions and resolutions and recognize Senator Gianaris.
ACTING PRESIDENT GRIFFO:We'll return to motions and resolutions.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
On behalf of Senator Parker, on page 29 I offer the following amendments to Calendar Number 879, Senate Print 4263, and I ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR DeFRANCISCO: Would you please recognize Senator Valesky.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
On behalf of Senator Avella, on page 45 I offer the following amendments to Calendar 1320, Senate Bill 5443A, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are also received, and the bill shall retain its place on third reading.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, would you now please go to the noncontroversial reading of the supplemental calendar.
ACTING PRESIDENT GRIFFO:We will go to the noncontroversial reading of the supplemental calendar.
The Secretary will begin reading.
THE SECRETARY:In relation to Calendar 1599, Senator Gallivan moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 1233A and substitute it for the identical Senate Bill Number 76A, Third Reading Calendar 1599.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1599, by Member of the Assembly Paulin, Assembly Print Number 1233A, an act to amend the Public Officers Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1600, by Senator Gallivan, Senate Print 430A, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1601, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 1438B and substitute it for the identical Senate Bill Number 533B, Third Reading Calendar 1601.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1601, by Member of the Assembly Paulin, Assembly Print Number 1438B, an act to amend the Public Officers Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1602, by Senator Golden, Senate Print 1468, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1603, by Senator Carlucci, Senate Print 1744A, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1604, by Senator Carlucci, Senate Print 2018, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Those in the negative please raise your hand.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1605, by Senator Flanagan, Senate Print 2080, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1606, by Senator Flanagan, Senate Print 2083, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1607, by Senator Flanagan, Senate Print 2087, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1608, by Senator Krueger, Senate Print 2829, an act to amend the Emergency Tenant Protection Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1609, by Senator Lanza, Senate Print 3361A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of April.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1610, by Senator DeFrancisco, Senate Print 3785, an act to amend the Navigation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1611, by Senator Griffo, Senate Print 3913A, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1611, those recorded in the negative are Senators Carlucci, DeFrancisco, Hoylman, Krueger, Montgomery, Parker and Perkins.
Ayes, 56. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1612, Senator Ranzenhofer moves to discharge, from the Committee on Rules, Assembly Bill Number 5545 and substitute it for the identical Senate Bill Number 3971, Third Reading Calendar 1612.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1612, by Member of the Assembly Steck, Assembly Print Number 5545, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1612, those recorded in the negative are Senators Comrie, Gianaris, Hamilton, Hoylman, Krueger, Panepinto, Parker, Perkins, Rivera, Sanders, Squadron and Stavisky.
Ayes, 51. Nays, 12.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1613, by Senator Nozzolio, Senate Print 4306, an act to amend the New York City Civil Court Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1614, Senator Lanza moves to discharge, from the Committee on Codes, Assembly Bill Number 2469A and substitute it for the identical Senate Bill Number 4394A, Third Reading Calendar 1614.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1614, by Member of the Assembly Paulin, Assembly Print Number 2469A, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1615, by Senator Kennedy, Senate Print 4418, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Kennedy to explain his vote.
SENATOR KENNEDY:Thank you, Mr. President.
The legislation at hand has one overarching goal, to strengthen the penalties for those who are found guilty of possessing or promoting child pornography, a heinous crime.
Anyone who calls child pornography a victimless crime is either misguided or misinformed. Child pornography inflicts long-lasting psychological damage on its victims, not only from the trauma of its creation but also as a result of the knowledge that the images are forever circulating on the Internet.
The statistics are alarming. According to New York State Division of Criminal Justice Services, some studies have shown that up to 40 percent of criminals arrested for possession of child pornography have also personally victimized children, with 15 percent more having attempted to solicit investigators who have posed as children online.
Right now in New York State possession of child pornography is classified as a Class E felony, and the maximum sentence that comes along with that charge amounts to nothing more than a slap on the wrist.
Through this legislation we're creating a new Class D felony charge for the possession and promotion of child pornography if victims involved in the pornography are under the age of 13, if it portrays sadistic or masochistic conduct, if there are 600 or more pornographic pictures found, or if there's an attempt to generate money off of the images.
The perpetrators of this child pornography to this level belong behind bars. This legislation will do just that. We wouldn't be moving this legislation forward without the support of the folks like the Buffalo Police Chief of Detectives Dennis Richards and Detective Joe Ahmed and Cheektowaga Police Lieutenant Ken Rusin and Detective Mike Hockwater. Together we're standing together to deliver a strong message: Enough is enough.
We will not tolerate the sexualization and abuse of our children and we're going to do everything that we can as a state to combat this heinous and horrific crime.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:Senator Kennedy to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1616, by Senator Farley, Senate Print 4479, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1617, by Senator Croci, Senate Print 4521A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1618, by Senator Griffo, Senate Print 4526A, an act to amend the Public Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1619, Senator Marchione moves to discharge, from the Committee on Rules, Assembly Bill Number 6909 and substitute it for the identical Senate Bill Number 4547, Third Reading Calendar 1619.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1619, by Member of the Assembly Woerner, Assembly Print Number 6909, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1620, by Senator LaValle, Senate Print 4672A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 19. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1621, by Senator LaValle, Senate Print 4857A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1622, Senator Marcellino moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 7510 and substitute it for the identical Senate Bill Number 4875, Third Reading Calendar 1622.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1622, by Member of the Assembly Bichotte, Assembly Print 7510, an act to amend Chapter 118 of the Laws of 2012.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Díaz recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1623, Senator Marcellino moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 7511 and substitute it for the identical Senate Bill Number 4876, Third Reading Calendar 1623.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1623, by Member of the Assembly Walker, Assembly Print Number 7511, an act to amend Chapter 396 of the Laws of 2010.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Díaz recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1624, Senator O'Mara moves to discharge, from the Committee on Agriculture, Assembly Bill Number 2454 and substitute it for the identical Senate Bill Number 5163, Third Reading Calendar 1624.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1624, by Member of the Assembly Magee, Assembly Print Number 2454, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1625, by Senator Marcellino, Senate Print 5308, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2017.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1626, Senator Ritchie moves to discharge, from the Committee on Rules, Assembly Bill Number 7207 and substitute it for the identical Senate Bill Number 5320, Third Reading Calendar 1626.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1626, by Member of the Assembly Magee, Assembly Print Number 7207, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1627, by Senator Marcellino, Senate Print 5333A, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Díaz recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1628, by Senator Amedore, Senate Print 5421A, an act relating to.
SENATOR HOYLMAN:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1629, by Senator Funke, Senate Print 5431A, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Funke to explain his vote.
Can I have some order in the chamber, please. May I have some order in the chamber.
SENATOR FUNKE:Thank you, Mr. President.
Each year farmers donate millions of pounds of fresh healthy food to food banks throughout our state. In fact, according to the New York Farm Bureau, farmers donated 9.6 million pounds of food last year alone.
This bill will provide a tax credit for the wholesale value of these donations up to $5,000 per farmer.
Mr. President, agriculture is the number-one industry in upstate New York. And this bill does something important; it encourages donations to our food banks, where our society's most vulnerable go for assistance when they are hungry and when they need help.
This bill will particularly help make sure that working families in poor urban areas like the City of Rochester can get healthy food from our farmers more readily.
Mr. President, this bill has widespread support. In fact, it's rare here to see a bill that has such strong support from the New York Farm Bureau as well as environmental groups like the Natural Resources Defense Council and Catskill Mountainkeeper and the League of Conservation Voters and Food and Water Watch.
There is strong support from New York City groups like the Bed-Stuy Campaign Against Hunger and the Bronx Jewish Community Council, as well as all the regional food banks.
You know, sometimes in this chamber we disagree between upstate and downstate issues, so I am so happy today to be able to pass a bill that can bring us all together. I vote aye, Mr. President, and I urge my colleagues to do the same.
ACTING PRESIDENT GRIFFO:Senator Funke to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1630, Senator Golden moves to discharge, from the Committee on Transportation, Assembly Bill Number 5267 and substitute it for the identical Senate Bill Number 5437, Third Reading Calendar 1630.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1630, by Member of the Assembly Weprin, Assembly Print Number 5267, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1631, by Senator O'Mara, Senate Print 5453A, an act authorizing.
ACTING PRESIDENT GRIFFO: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 GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1632, by Senator O'Mara, Senate Print 5454A, an act to authorize.
ACTING PRESIDENT GRIFFO: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 GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1633, by Senator O'Mara, Senate Print 5455A, an act authorizing.
ACTING PRESIDENT GRIFFO: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 GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1634, by Senator O'Mara, Senate Print 5456A, an act to authorize.
ACTING PRESIDENT GRIFFO: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 GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1635, by Senator Libous, Senate Print 5617A, an act to amend Chapter 412 of the Laws of 1990.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1636, by Senator Golden, Senate Print 5632A, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1637, by Senator Breslin, Senate Print 5706, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1638, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 7149A and substitute it for the identical Senate Bill Number 5710A, Third Reading Calendar 1638.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1638, by Member of the Assembly Gunther, Assembly Print Number 7149A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1639, by Senator Felder, Senate Print 5712A, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of April.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1640, by Senator Golden, Senate Print 5730, an act to amend the Civil Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Kennedy recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1641, by Senator Klein, Senate Print 5739A, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1642, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 7193A and substitute it for the identical Senate Bill Number 5750, Third Reading Calendar 1642.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1642, by Member of the Assembly Bichotte, Assembly Print Number 7193A, an act to amend Chapter 81 of the Laws of 1995.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1643, by Senator Marchione, Senate Print 5778, an act to authorize.
ACTING PRESIDENT GRIFFO:There is a home-rule message present at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1644, by Senator Marchione, Senate Print 5779, an act to authorize.
ACTING PRESIDENT GRIFFO: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 GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1645, by Senator Serrano, Senate Print 5859A, an act to authorize.
ACTING PRESIDENT GRIFFO:There is not a home-rule message at the desk. The bill will be laid aside.
Calendar Number 1646.
THE SECRETARY:Calendar Number 1646, by Senator Valesky, Senate Print 5892, an act to amend the Elder Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1647, by Senator Comrie, Senate Print 5923, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:So Calendar Number 1646, by Senator Valesky, Bill 5892, was passed.
And now we are on Calendar Number 1647, by Senator Comrie.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Comrie to explain his vote.
SENATOR COMRIE:I want to thank Senator Lanza and Leader Flanagan and encourage everyone to vote for this bill.
The Industrial Commercial Abatement Program is a program that was established in 2008 which gives business owners an incentive to build, rehabilitate and modernize their small businesses by giving them a tax abatement on the assessed, appraised value after construction for 10 to 25 years.
We have many businesses that were denied the abatement, though, because they were unable to submit and file the appeal because city agencies stopped the construction for one reason or another. As you know, New York City is one of the toughest business environments to get a business built because the Health Department is not in sync with the Buildings Department, the Buildings Department is not in sync with the electrical unit within their own agency, the Department of Consumer Affairs.
A lot of times these small businesses have a problem meeting the deadline because the city agencies have stopped them. This bill will correct that to ensure that any business that has been denied through no fault of their own, but because the city agency held up construction, they'll still have a chance to be eligible for this critical abatement program which helps small businesses throughout the city.
So I want to thank all my members for working on this bill with me. I want to thank again Senators Lanza and Flanagan for moving this bill. And I would encourage all members to vote for this bill.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Comrie.
Senator Comrie to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1648, by Senator Avella, Senate Print 5946, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Funke and Ortt recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of today's Supplemental Calendar Number 54A.
SENATOR DeFRANCISCO: We're going to -- I'll give you an announcement about who's doing what in a minute. But after we adjourn, just so no one runs out, we'll be coming back at 6:45 and then immediate go to a new Rules meeting.
In the meantime, there is an immediate meeting of the Senate Republican Conference in Room 332.
And would you recognize Senator Gianaris.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Senate Republican Conference in Room 332.
Senator Gianaris.
SENATOR GIANARIS:There will also be an immediate meeting of the Senate Democratic Conference in the Democratic Conference Room.
ACTING PRESIDENT GRIFFO:There will be also an immediate meeting of the Senate Democrat Conference in the Democrat Conference Room.
SENATOR DeFRANCISCO: Can we please stand at ease until 6:45.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease until 6:45 p.m.
The Senate is at ease.
(Whereupon, the Senate stood at ease at 5:43 p.m.)
(Whereupon, the Senate reconvened at 7:05 p.m.)
ACTING PRESIDENT MARCELLINO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes. We are ready to start again. Just to give you an idea, there's two more nominations that we will be doing in the Finance Committee. We're going to do another Rules Committee, come out and get those bills done. And anything after that that's to be debated will be debated, and I think that may be it. But sometimes it changes.
That being the case, I'd like to call an immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT MARCELLINO:There will be an immediate meeting of the Rules Committee in Room 332, a Rules Committee meeting in Room 332 now.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 7:06 p.m.)
(Whereupon, the Senate reconvened at 7:37 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:Can we go to reports of standing committees.
I believe there's a report of the Rules Committee at the desk. Can we have it read at this time.
ACTING PRESIDENT GRIFFO:There is a report of the Rules Committee before the desk, Senator Libous.
The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 294A, by Senator Martins, an act to amend the Real Property Actions and Proceedings Law;
Senate 358, by Senator Díaz, an act to amend the Elder Law;
Senate 523, by Senator LaValle, an act to amend the Education Law;
Senate 632A, by Senator Carlucci, an act to amend the Tax Law;
Senate 2091, by Senator Flanagan, an act to amend the Penal Law;
Senate 2132, by Senator Flanagan, an act to amend the Education Law;
Senate 2585, by Senator Flanagan, an act to amend the Education Law;
Senate 2658A, by Senator Ortt, an act to amend the Canal Law;
Senate 3512, by Senator Seward, an act to amend the Workers' Compensation Law;
Senate 3517A, by Senator Marcellino, an act to amend the Environmental Conservation Law;
Senate 3847, by Senator Lanza, an act to amend the Mental Hygiene Law;
Senate 4238A, by Senator Savino, an act to amend the Executive Law;
Senate 4240A, by Senator Ritchie, an act to amend the County Law;
Senate 4430B, by Senator Felder, an act to amend the Public Health Law;
Senate 4517, by Senator Lanza, an act to amend the Tax Law;
Senate 4583, by Senator Lanza, an act to amend the Vehicle and Traffic Law;
Senate 4919, by Senator Golden, an act to amend the Alcoholic Beverage Control Law;
Senate 4925, by Senator Seward, an act to amend the Workers' Compensation Law;
Senate 4964A, by Senator Ritchie, an act to amend the Vehicle and Traffic Law;
Senate 4974A, by Senator Ortt, an act to amend Chapter 59 of the Laws of 2011;
Senate 4977, by Senator Marcellino, an act to amend the Navigation Law;
Senate 5049, by Senator Young, an act to amend the Alcoholic Beverage Control Law;
Senate 5110, by Senator Lanza, an act to amend the Civil Practice Law and Rules;
Senate 5143, by Senator Avella, an act to amend the General Municipal Law;
Senate 5182A, by Senator Farley, an act to amend the Executive Law;
Senate 5265, by Senator Young, an act to direct;
Senate 5288, by Senator Seward, an act to amend the Real Property Tax Law;
Senate 5354, by Senator Murphy, an act to amend the Labor Law;
Senate 5445B, by Senator LaValle, an act to amend the Education Law;
Senate 5458A, by Senator Hannon, an act to amend the Public Health Law;
Senate 5556, by Senator Lanza, an act to amend the Public Authorities Law;
Senate 5565B, by Senator Hannon, an act to amend the Social Services Law;
Senate 5590, by Senator Nozzolio, an act authorizing;
Senate 5623, by Senator Young, an act to amend Chapter 451 of the Laws of 2012;
Senate 5626B, by Senator Marchione, an act authorizing;
Senate 5687, by Senator Seward, an act to amend the Highway Law;
Senate 5688, by Senator Stewart-Cousins, an act to amend the Vehicle and Traffic Law;
Senate 5713B, by Senator DeFrancisco, an act to amend the State Finance Law;
Senate 5738, by Senator Ranzenhofer, an act to amend Chapter 549 of the Laws of 2013;
Senate 5745, by Senator Golden, an act to amend the Workers' Compensation Law;
Senate 5757B, by Senator Murphy, an act to amend the Vehicle and Traffic Law;
Senate 5765, by Senator Robach, an act to amend the Vehicle and Traffic Law;
Senate 5774, by Senator Murphy, an act to require;
Senate 5782, by Senator Robach, an act to amend the Highway Law;
Senate 5794, by Senator O'Mara, an act to amend the Transportation Law;
Senate 5799A, by Senator Griffo, an act to amend the Executive Law;
Senate 5825B, by Senator Lanza, an act to amend the Vehicle and Traffic Law;
Senate 5843, by Senator Latimer, an act in relation to authorizing;
Senate 5941, by Senator Espaillat, an act to amend the Criminal Procedure Law;
And Senate 5949A, by Senator Griffo, an act to amend the General Business Law.
All bills reported direct to third reading.
SENATOR LIBOUS:Can we move to accept the Rules report, please, Mr. President.
ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Rules report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Committee on Rules report is accepted and before the house.
SENATOR LIBOUS:Mr. President, at this time can we do the noncontroversial reading of Supplemental Calendar 54B.
ACTING PRESIDENT GRIFFO:We will do the noncontroversial reading of Senate Supplemental Calendar 54B.
The Secretary will read.
THE SECRETARY:Calendar Number 1649, by Senator Martins, Senate Print 294A, an act to amend the Real Property Actions and Proceedings Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 9. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1650, by Senator Díaz, Senate Print 358, an act to amend the Elder Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1651, by Senator LaValle, Senate Print 523, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1652, Senator Carlucci moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 833A and substitute it for the identical Senate Bill Number 632A, Third Reading Calendar 1652.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1652, by Member of the Assembly Gunther, Assembly Print Number 833A, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1653, by Senator Flanagan, Senate Print 2091, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1654, by Senator Flanagan, Senate Print 2132, an act to amend the Education Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1655, by Senator Flanagan, Senate Print 2585, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1656, by Senator Ortt, Senate Print 2658A, an act to amend the Canal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Excuse me.
ACTING PRESIDENT GRIFFO:Can we have a show of hands, please, on Calendar 1656.
The Secretary will reannounce the results.
THE SECRETARY:In relation to Calendar 1656, those recorded in the negative are Senators Dilan, Espaillat, Hoylman, Krueger and Perkins.
Ayes, 58. Nays, 5.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1657, by Senator Seward, Senate Print 3512, an act to amend the Workers' Compensation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2016.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1658, by Senator Marcellino, Senate Print 3517A, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect April 1, 2016.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1659, by Senator Lanza, Senate Print 3847, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1660, by Senator Savino, Senate Print 4238A, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1661, by Senator Ritchie, Senate Print 4240A, an act to amend the County Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1662, by Senator Felder, Senate Print 4430B, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Ranzenhofer recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1663, by Senator Lanza, Senate Print 4517, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1664, by Senator Lanza, Senate Print 4583, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1665, by Senator Golden, Senate Print 4919, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1666, Senator Seward moves to discharge, from the Committee on Labor, Assembly Bill Number 7505 and substitute it for the identical Senate Bill Number 4925, Third Reading Calendar 1666.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1666, by Member of the Assembly Simon, Assembly Print Number 7505, an act to amend the Workers' Compensation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1667, by Senator Ritchie, Senate Print 4964A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Dilan recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1668, by Senator Ortt, Senate Print 4974A, an act to amend Chapter 59 of the Laws of 2011.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1669, by Senator Marcellino, Senate Print 4977, an act to amend the Navigation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1670, by Senator Young, Senate Print 5049, an act to amend the Alcoholic Beverage Control Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1671, by Senator Lanza, Senate Print 5110, an act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1672, by Senator Avella, Senate Print 5143, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 10. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1673, by Senator Farley, Senate Print 5182A, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on April 1, 2016.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1674, by Senator Young, Senate Print 5265, an act to direct.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1675, by Senator Seward, Senate Print 5288, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1676, by Senator Murphy, Senate Print 5354, an act to amend the Labor Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1677, by Senator LaValle, Senate Print 5445B, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:The bill is high and is laid aside for the day.
Calendar Number 1678.
THE SECRETARY:Calendar Number 1678, by Senator Hannon, Senate Print 5458A, an act to amend the Public Health Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1679, by Senator Lanza, Senate Print 5556, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1680, by Senator Hannon, Senate Print 5565B, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of July.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1681, by Senator Nozzolio, Senate Print 5590, an act authorizing.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1682, Senator Young moves to discharge, from the Committee on Labor, Assembly Bill Number 7594 and substitute it for the identical Senate Bill Number 5623, Third Reading Calendar 1682.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1682, by Member of the Assembly Titus, Assembly Print Number 7594, an act to amend Chapter 451 of the Laws of 2012.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1683, by Senator Marchione, Senate Print 5626B, an act authorizing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1684, by Senator Seward, Senate Print 5687, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1685, by Senator Stewart-Cousins, Senate Print 5688, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 15. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar Number 1685, those recorded in the negative are Senators Croci, Ortt, Ranzenhofer and Young.
Ayes, 59. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1686, by Senator DeFrancisco, Senate Print 5713B, an act to amend the State Finance Law.
SENATOR LIBOUS:Lay it aside temporarily.
ACTING PRESIDENT GRIFFO:Lay the bill aside temporarily.
THE SECRETARY:In relation to Calendar 1687, Senator Ranzenhofer moves to discharge, from the Committee on Corporations, Authorities and Commissions, Assembly Bill Number 7641 and substitute it for the identical Senate Bill Number 5738, Third Reading Calendar 1687.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1687, by Member of the Assembly Brennan, Assembly Print Number 7641, an act to amend Chapter 549 of the Laws of 2013.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1688, by Senator Golden, Senate Print 5745, an act to amend the Workers' Compensation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1689, by Senator Murphy, Senate Print 5757B, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1690, by Senator Robach, Senate Print 5765, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1691, by Senator Murphy, Senate Print 5774, an act to require.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1692, by Senator Robach, Senate Print 5782, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1693, by Senator O'Mara, Senate Print 5794, an act to amend the Transportation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1694, by Senator Griffo, Senate Print 5799A, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1695, by Senator Lanza, is high and will be laid aside.
THE SECRETARY:Calendar Number 1696, by Senator Latimer, Senate Print 5843, an act in relation to authorizing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1697, by Senator Espaillat, Senate Print 5941, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1698, by Senator Griffo, Senate Print 5949A, an act to amend the General Business Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
Senator Libous, that completes the noncontroversial reading of Senate Supplemental Calendar 54B.
SENATOR LIBOUS:Thank you, Mr. President.
And, Mr. President, we're going to go to the controversial reading, but before we do that, we might want to make a change in the presidency.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT FUNKE:Senator Libous.
SENATOR LIBOUS:At this time I'd like to go to the controversial reading of Supplemental Calendar 54B, and I'd like to call up Calendar Number 1698, by Senator Griffo.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Calendar Number 1698, by Senator Griffo, Senate Print 5949A, an act to amend the General Business Law.
ACTING PRESIDENT FUNKE:Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President. Will the sponsor please yield.
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR GRIFFO:Absolutely, Mr. President.
SENATOR KRUEGER:Thank you.
Could the sponsor explain to me how this bill differs from the previous bill that we passed on this floor sometime in the last few months?
ACTING PRESIDENT FUNKE:Senator Griffo.
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, I'd be happy to do that.
And following the lead of my good colleague, in order to be very extensive -- Senator Young -- I will also read to you something to give you the opportunity to absorb this.
This particular bill now includes the following changes. There will be accident insurance up to $50,000 for combatants, the policy for which is paid by promoters. Wrongful death insurance, $50,000 for combatants, the policy for which is paid for by promoters.
Promoters will need to offer a $1 million policy for life-threatening brain injuries. It's not a fund, it's an insurance requirement. This is a policy for MMA, boxing, and wrestling.
In addition to the coverage for MMA, this would repeal the laws governing boxing, which were codified in the 1920s, and will bring them into the 21st century, creating a new Article 41 called "Combative Sports." This is a requirement on promoters. The fee to cover this for promoters is scaled. The larger the venue, the larger the fee associated with covering the policy.
The State Athletic Commission can make changes related to the amount of coverage to be offered by promoters. However, there is a provision under Section 10 of the bill -- bottom of page 16, top of page 17 -- that states that in addition to the foregoing, within 12 months of the effective date of this section the State Athletic Commission shall make any recommendation to the Governor, Temporary President of the Senate, Speaker of the Assembly regarding the legislative changes which may be necessary to effectuate the purpose and intent of this chapter, including but not limited to appropriate adjustments to the insurance requirements contained therein.
Meaning any and all changes to the insurance policy must be approved legislatively, by the Legislature, and then considered by the Governor.
Ringside physicians will now be covered and considered employees of the state for the purpose of liability. For instance, if a combatant were to suffer a significant injury or death after a ringside physician declared them healthy, any litigation would be brought before a Court of Claims judge. This is a way to have more physicians apply to be ringside physicians; it removes the burden of liability.
The State Athletic Commission now has more latitude in determining regulations pertaining to when a combatant can return to the ring. The old bill stated that an individual could not play for 90 days after being knocked, whereas now the State Athletic Commission has the ability to determine what they think is an appropriate time frame to have a competitor return to the ring.
The State Athletic Commission expands from three members to five. And the bill also allows for the State Athletic Commission to promulgate regulations for sanctioning amateur bouts. Insurance covers medical, surgical and hospital care.
Those are the basic elements of what was included in the amendments.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would yield, please.
ACTING PRESIDENT FUNKE:Does the sponsor yield for another question?
SENATOR GRIFFO:Sure.
SENATOR KRUEGER:So could the sponsor explain to me a little bit more about this $1 million insurance policy?
So it's per fighter per fight? It's $1 million in aggregate for a fighter over the course of his career here in New York? What does that $1 million insurance policy mean?
SENATOR GRIFFO:Senator Krueger -- through you, Mr. President -- this would cover the bout, both in boxing and in mixed martial arts, and it is per fight. So the fighters involved in that particular fight.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT FUNKE:Does the sponsor yield?
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:So the promoter takes out an insurance policy per fight, MMA or boxing. In either scenario, the damage from that fight might not show up for many years. How does the insurance policy get applied? How long does it have to stay in existence and cover the fighter, and what standards will be used for payout to the fighter years later after the fight?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, there has to be a causal link with the fighter for that particular fight that had been established in order for them to be able to take advantage of the circumstance and conditions which I've outlined.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:So it's an insurance policy for that fight, only for something that happens immediately. Is it in a specific time frame? The older bill, I believe, had a few days as the time frame. What's the time frame of this insurance policy?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, it would have to be -- I don't believe there is a specific time frame, but it has to be specifically related to that bout.
So I would envision -- and again, not being a clinician on this particular subject matter, I would think that something would have to be identified and highlighted at that particular bout, even though there may not be something clearly evident on that evening. But then later there was at least a cause and effect, as we talked about earlier, where they could identify what had happened that night and they would have access to the fund.
But one of the things that we were trying to avoid is, you know, these fighters are involved in many states and many communities, and we didn't want a situation -- while we were sensitive to some of the concerns expressed by some of the members and some of our colleagues in the Assembly, we also did not want to undertake an initiative that would put New York in some type of -- New York State in some type of liability danger too. Because there are bouts that are happening in other communities, and we wanted to have a causal link to what actually transpires in the ring at a particular event in this state.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:Yes.
ACTING PRESIDENT FUNKE:Does the sponsor continue to yield?
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:Is this insurance policy a health insurance policy, a "pay for my loss of income when I can never fight again" policy? What is this policy specifically for?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, it's a fund for life-threatening brain injuries through hospitalization or injury that occurred as a result of that bout. Medical or surgical care included.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:So it's pretty much for immediate medical care. If I am a fighter -- and if anyone says "very unlikely," thank you very much.
If I am a fighter and I'm scheduled to have five fights in the State of New York in a three-month period, I will have a separate insurance policy taken out for me for each of those bouts? So I will have five separate insurance policies taken out for me?
SENATOR GRIFFO:Mr. President, through you. There would be a different policy that covers you for each event.
First of all, I don't know that you'd be able to fight in that many -- the State Athletic Commission would be making that determination. We had put 90 days; they may now say it's six months.
That's why we are -- and we talked about ringside physicians. They would also --
SENATOR KRUEGER:Five bouts in a year.
SENATOR GRIFFO:They would also -- they would have a -- they would have a pre-physical and after-physical that would be conducted also.
But to answer your question, it would be specific to that specific bout.
SENATOR KRUEGER:Through you, Mr. President, to rephrase my question.
ACTING PRESIDENT FUNKE:Yes, Senator Krueger.
SENATOR KRUEGER:So even if the -- I'm sorry. The sponsor yields?
ACTING PRESIDENT FUNKE:Yes, he yields.
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:Thank you.
So I fight in five bouts in New York State over the course of the year with 90 days in between. I have five separate insurance policies, one for each fight?
SENATOR GRIFFO:Correct.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:And then at the end of that year it is determined that I have suffered from traumatic brain injury caused by multiple-strike TKOs that took place over the course of likely all five fights over that one-year period, since the average is 6.4 knockouts per athlete for every hundred fights. So it is determined that I am suffering from traumatic brain injury due to being hit and knocked out in these various mixed martial arts matches -- again, in my scenario, five over a 12-month period.
How might I or any kind of doctor prove which hit in which of those five fights under which of those five policies actually was, quote, unquote, the blow that took me out for traumatic brain injury? And so how could I ever collect in any of those insurance policies?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, this is per event, as I indicated.
And as I indicated earlier, there would be a medical examination pre- and post-bout. And it's at that time that there has to be a determination that it was an injury sustained or a potential problem that had been incurred that would make them eligible to then have access to this particular policy.
That's the answer to the question.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:So if it was a punch that caused me to have kidney damage and need emergency surgery, I would agree that would likely be known right then and there, at that bout or after that bout.
If it was a broken spine from being knocked out, I would agree that would be an obvious injury correlated to that bout at that time, and hence that insurance policy.
But when you look at the patterns of dementia and other brain injuries that become worse and worse over time when you have been hit in certain ways to cause traumatic brain injury, it is not a direct correlation -- that hit, that fight, that damage, right there at rink.
And it's very likely, as we know from the research from the traumatic brain injury cases going through the NFL, there is not a basis to know whether Carolyn hitting me tonight is what did it or whether it was Brad hitting me three months from now, and it won't be seen at the time.
So I'm trying to understand how this insurance will be applicable to fighters who in fact suffer from long-term life-impacting brain damage from participating in these fights.
SENATOR GRIFFO:I think, Senator Krueger, the answer is specific to the question earlier as to how is it covered. I can't begin to discuss with you the various elements of clinical studies and what other measures may be put in place by either the Athletic Commission or sanctioning bodies or the leagues themselves relative to rules and regulations.
But this is per event. It is something that was not in place before. It is something now that we will be dependent upon the ringside physicians. And that's why we did more with ringside physicians. We have to rely on their best medical assessment and their best medical evaluation based on a thorough examination pre- and post-bout.
So we're talking about this is coverage for that specific event that they may have been involved in and participants in. Obviously these are sportsmen and athletes who participate at their own will, of their own will.
And so I think that the answer to your question relative to what takes place over time, there are many studies that are determining how and what that may mean. As I indicated earlier, I know the Cleveland Clinic is undertaking a study as we speak.
But this is specific, all I can say to you today is this particular policy is specific to the bout relative to -- and we have to rely on the medical experts that are involved in the ring as they make their pre and post examinations.
So relative to continued involvement in the sport and its effect in any way on the body, that is something that is not specific to this insurance policy, because this is specific to the event. So that was the answer to your question originally.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:Do these insurance policies exist today in New York State?
SENATOR GRIFFO:I'm sorry, I didn't hear you.
ACTING PRESIDENT FUNKE:Once again, Senator Krueger, the question again?
SENATOR KRUEGER:Do these insurance policies exist today in New York State?
SENATOR GRIFFO:I'm not aware that -- Mr. President, through you -- that they may be involved in other areas.
But this is something that I know was the subject of debate here and that we negotiated and got the promoters to agree. And this now will cover both professional and mixed martial arts as well as professional boxing. And I think that it's a step forward, as indicated through the discussions that we've had here and the concerns that have been expressed by members.
There's also continued discussions with the industry as to what can and should be done differently, both on the sports side as well as the insurance side.
But this is specific to this particular piece of legislation, and it is different from the original legislation that was brought forth and reflective of many of the views and concerns that were expressed at that time.
And again, we have to remember the nature of this sport is a little different than, say, even professional football, where they suffer several concussions and there's a guideline that allows so many. Here, it could be the determination of the physician or league that if a concussion is suffered, that the fighter doesn't fight for a year. That's a decision that would left up to regulators.
And I have a lot of confidence -- today we approved the new chairman of the New York State Athletic Commission, who has a background in sports and has had familiarization not only with the commission but with boxing.
So I think that what we have established here, what was discussed and taken into consideration, with the confidence that we have in the members of the commission and the staff now assigned to them and the medical experts that will be involved in this, that we are doing something significant and different than is in many other states.
SENATOR KRUEGER:Through you, Mr. President. I appreciate the sponsor's support of his bill, but I don't believe I heard an answer.
Do these insurance policies exist today in New York State? Are there any insurance companies writing these policies?
SENATOR GRIFFO:I'm not aware of that.
I think I answered your question, Senator Krueger. I think you're just hearing maybe what you want to hear, because I answered the question originally on what is covered in this bill. This is per bout. So I'm not aware of what other insurance companies are doing, but there's some conversations within the industry and I'm not sure where that will lead.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:Yes.
ACTING PRESIDENT FUNKE:Do you yield for another question?
SENATOR GRIFFO:Yes. I want you do to that in your sports voice, though. Can you do it?
SENATOR KRUEGER:Yeah.
ACTING PRESIDENT FUNKE:(Loudly.) Will you yield for another question?
SENATOR GRIFFO:Yes, Mr. President, I will.
ACTING PRESIDENT FUNKE:Thank you, Senator Griffo.
SENATOR KRUEGER:I like that very much, Mr. President. Thank you.
Would I be correct to believe that until such time as said insurance policies did exist and were for sale in the State of New York, that this bill would not allow mixed martial arts bouts to take place?
SENATOR GRIFFO:You could not have had a bout -- it's a requirement of the licensing. And in order to now have the bout, you will have to fulfill this obligation.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:The sponsor did answer in his question that there will be doctors I guess at ringside for MMA fights. And I believe they may also --
SENATOR GRIFFO:For boxing and MMA.
SENATOR KRUEGER:-- already be for boxing, I don't know.
But we were talking about specialists. And my serious concern around MMA is the disproportionate risk of traumatic brain injury. What kind of doctors will be recognized as experts at ringside in MMA?
ACTING PRESIDENT FUNKE:Can we have a little order in the chamber while our combatants debate this bill.
(Laughter.)
SENATOR LIBOUS:Thank you, Mr. President.
ACTING PRESIDENT FUNKE:Senator Griffo.
SENATOR GRIFFO:Thank you, Mr. President.
Senator Krueger -- Mr. President through you -- I believe that there's a couple of things here. First of all, the State Athletic Commission again will be reviewing and determining the credentials. And I know that they have made a commitment to the highest standards.
There are a number of ringside physicians who specialize in combative sports. And that's why we took action today of making these ringside physicians considered employees of the state, not only for the purpose of liability and insurance, but also for continuity and allowing everyone to know that we are bringing in the best doctors that have knowledge of this type of activity, combative sports.
So there are a variety of type of specialists. The commission will make the decision accordingly.
I think, though, the one thing I would disagree with you is that there's not a -- I've seen different studies, and there's not a disproportionate amount of injuries sustained in mixed martial arts. In fact, there are many times less strikes in mixed martial arts because you're also involved in wrestling and jujitsu and many other elements of the sport.
So this is one of those points, Senator Krueger, respectfully, where if you look at the standard and regulations and rules that govern this sport, it's a lot different than is being presented in some ways because many individuals here have the opportunity to tap out or to give up during the bout, as opposed to suffering some type of technical or knockout.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT FUNKE:Does the sponsor yield?
SENATOR GRIFFO:If I may, Senator Krueger -- also Mr. President -- there will be a medical advisory board that's established here too that will have input and recommendations into what is done at ringside, particularly relative to medical care and the physicians.
ACTING PRESIDENT FUNKE:Are you yielding for another question from Senator Krueger, sir?
SENATOR GRIFFO:Yes.
ACTING PRESIDENT FUNKE:Senator Krueger.
SENATOR KRUEGER:Thank you. Thank you, Mr. President.
So we've been talking about the medical-surgical hospital care coverage. But it appears this bill reduces the death benefit from $100,000 to $50,000; is that correct?
SENATOR GRIFFO:Mr. President, through you. Senator Krueger, it appears that in conversations and discussions with our colleagues in the other house, that was the compromise that was reached.
So you are accurate, and that was the compromise reached. I cannot answer to that because it was a recommendation I believe made by our colleagues in the other house.
SENATOR KRUEGER:To reduce the death penalty. Death benefit, excuse me.
What is --
SENATOR GRIFFO:But there were many other things that were added, so I'm not sure how -- as we had a number of conversations between members and staff.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT FUNKE:Does the sponsor yield?
SENATOR KRUEGER:Thank you.
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR GRIFFO:Yes.
SENATOR KRUEGER:Thank you.
The numbers have moved around quite a bit about what the industry proposes will be economic impact from legalizing MMA. What number are we at this week?
SENATOR GRIFFO:I'm sorry, Mr. President. Could you repeat that, Senator Krueger?
SENATOR KRUEGER:What's the industry's analysis on this bill and how much economic activity will be generated for the State of New York?
SENATOR GRIFFO:It's likewise to what we said before. There are millions of dollars that we've received. I think the last statistic, $135 million.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor could explain what that $135 million is made up of.
ACTING PRESIDENT FUNKE:Senator Griffo.
SENATOR GRIFFO:It would be made up of the tax revenue that would coming in off from broadcasting fees, ticket fees, licensing fees.
And that is not considering some of the other activity that would take place in the communities where they would benefit, a host community, relative to merchandise and lodging and food establishments.
SENATOR KRUEGER:On the bill, Mr. President.
ACTING PRESIDENT FUNKE:Senator Krueger on the bill.
SENATOR GRIFFO:Senator Krueger on the bill.
(Laughter.)
SENATOR KRUEGER:He just can't get -- would you like to go back up now?
(Laughter.)
SENATOR GRIFFO:I was hoping you would ask me again "what's a knockout."
(Laughter.)
ACTING PRESIDENT FUNKE:It's instant replay.
(Laughter.)
SENATOR KRUEGER:On the bill.
I want to thank the sponsor for his answers.
We've debated this bill in lots of different ways over the years. I do actually think this is an improvement over the previous bills that came to this floor. I think that having regulation and doctors and the possibility that the Athletic Commission will follow strictly the concept that these sports should not lead people into ending up destroying themselves physically or destroying others physically is a plus.
I think the fact that there should be an insurance policy out there sort of makes sense, but it's not clear we're ever going to get to a point where it's an insurance policy that the fighters will ever really be able to use for what they need help with, because it's not going to be an obvious "this bout did this, and you can prove it." It's not the kind of injuries long-term fighters suffer from.
I am very pleased, even though we didn't talk about it tonight, that this bill says the Athletic Commission should regulate nonprofessional bouts. Because in fact if you watch what happens or what is happening out there, some of the worst abuses, some of the most physical harm is being done to people in nonprofessional bouts. Which all it means is the fighter is not being paid. It's the same promoters, it's the same locations. And some very serious damage is taking place, and nobody is looking at that at all. So I am also very pleased that that is part of this bill.
But I still can't vote for it, even though I want to thank the sponsor and the sponsor in the other house for getting further down the road of a rational set of laws impacting mixed martial arts, because fundamentally it is still an enormously dangerous and in my opinion unjustifiable sporting activity.
I know people like to do it and they like to watch it and some people think they will make a lot of money at it. And no one ever believes that they're going to be the one with dementia and brain damage or perhaps death down the line a year, two, five, 10 years.
The more research that's done, the more aware the medical community is of the real damage being done to people's brains, specifically from this activity as well as boxing. So I'm glad we're modernizing the regulations for boxing. Other professional sports, even ones where you wear helmets and protective gear, which you don't particularly for this sport.
But in my heart I just know it's not the kind of thing we should be legally encouraging and we should be actively discouraging young people and young, healthy professional athletes from doing. It's going to kill ya. And it's probably not the greatest activity for you to spend your time having fun with nonprofessionally, and not a really great career move professionally, even if you think you're having a good time now.
So I'll be voting no. And yet I will say I am less uncomfortable if this becomes the law of New York State than the previous versions we have debated for many years here on the floor.
Thank you, Mr. President.
ACTING PRESIDENT FUNKE:Thank you, Senator Krueger.
Senator Hoylman.
SENATOR HOYLMAN:Thank you, Mr. President. I just want to speak briefly on the bill.
I want to thank the sponsor and Senator Krueger for their conversation.
And I became interested in this issue through an Internet acquaintance, a fellow by the name of Nick Denis, who was an MMA fighter and had to retire in the early part of his career because of concerns about his health, in particular his brain.
And so I am gratified that the sponsor has for the first time acknowledged that MMA can cause debilitating brain injuries and that the bill acknowledges this as well.
I'm also glad that there is a study being pursued through the Department of State to look at how we might create a compensation fund for long-term severe brain injuries for fighters.
I do think, though, rather than a study, we should just put the fund in the bill. We already have such a fund for jockeys and cab drivers. I think a model exists already. I wish it was in this bill as it is and we shouldn't be kicking the can down the road.
That said I want to thank the sponsor for addressing many of the concerns that I've had on this legislation.
Thank you, Mr. President.
ACTING PRESIDENT FUNKE:Thank you, Senator Hoylman.
Senator Croci.
SENATOR CROCI:Thank you, Mr. President.
I want to compliment Senator Griffo and the staff for creating a system which seeks to ameliorate some of the concerns about traumatic brain injury.
Some of the most advanced medical knowledge we have on this subject comes from combat medicine, 14 years of combat medicine, specifically in Iraq and Afghanistan and those who have suffered traumatic brain injury after IED accidents.
The system that they've set up in this legislation actually mirrors very closely what the United States military does, and that is there's a screening beforehand, a thorough medical examination, with a neurological baseline established. And then after any kind of an incident, there's documentation of that incident, similar to this situation.
And then sometime in the future, if somebody who's been exposed to that kind of trauma is affected, they then can go back and look at the incidents which have been recorded and see the departure from that baseline.
So I'm gratified to see that in the New York Senate we've been able to mirror a system that we have come to in the last 14 years as the very best way that we can detect, and then potentially treat long term, those who suffered any kind of traumatic incident which may have been a causal link in their traumatic brain injury.
So I want to compliment not only the sponsor but the staff who worked so hard on this system. There is risk in everything we do, and hopefully this takes as much risk out of the system as possible.
Thank you.
ACTING PRESIDENT FUNKE:Thank you, Senator Croci.
Are there any other members wishing to be heard?
(No response.)
ACTING PRESIDENT FUNKE:Seeing none, the debate is closed. The Secretary will ring the bell.
The Secretary will read the last section.
THE SECRETARY:Section 11. This act shall take effect on the first month next succeeding the 120th day.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Senator Kennedy to explain his vote.
SENATOR KENNEDY:Thank you, Mr. President.
First and foremost, let me thank the bill's sponsor for once again --
SENATOR LIBOUS:Mr. President, I'm having a difficult time hearing Senator Kennedy.
ACTING PRESIDENT FUNKE:Can we have some order in the chamber to hear Senator Kennedy explain his vote.
SENATOR LIBOUS:Thank you, Mr. President.
SENATOR KENNEDY:Thank you, Mr. President.
First and foremost, let me take this opportunity to thank the bill's sponsor for once again bringing this to the floor for a vote. This sponsor has worked diligently for many years across the aisle and across the chambers to get this bill to the floor tonight.
You know, passing and approving mixed martial arts at the professional level in New York State, it's the right thing to do and it's the right time to do it. We're joining every single other state in the nation in ensuring that we're reaping the economic benefits of this professional sport that New Yorkers are demanding and that they're partaking in and that they're watching in every other state.
Now we have the opportunity, by legalizing mixed martial arts, regulating mixed martial arts in the State of New York, to bring in thousands of people at a time all across the state, especially upstate in Buffalo, Western New York, Rochester, Syracuse, Albany, where we want to bring that benefit to our communities. Millions of dollars will be spent, the hotels will be filled, the restaurants will be packed, as well as the bars, as we cheer on these professional athletes.
We've talked time and time again that it's high time and the right time. I say it's about time. I want to thank the bill's sponsor once again for bringing this to the floor, and I urge all of our colleagues to ensure its passage.
And we also urge the Assembly to move this bill and to recognize the benefits across the board for the people of the State of New York.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT FUNKE:Senator Kennedy to be recorded in the affirmative.
Announce the result.
THE SECRETARY:In relation to Calendar 1698, those recorded in the negative are Senators Bonacic, Breslin, Díaz, Felder, Hoylman, Krueger, Lanza, LaValle, Marcellino, Montgomery, Perkins, Savino and Young.
Absent from voting: Senator Sanders.
Ayes, 49. Nays, 13.
ACTING PRESIDENT FUNKE:The bill is passed.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT FUNKE:Senator Libous.
SENATOR LIBOUS:I'd like to call an immediate meeting of the Finance Committee in Room 332.
ACTING PRESIDENT FUNKE:There will be an immediate meeting of the Finance Committee in Room 332.
SENATOR LIBOUS:Mr. President, the Senate will not stand at ease. We're going to do another calendar while Finance is meeting, and we're going to do the noncontroversial reading of the supplemental active list for today, June 16.
So the Finance meeting will be immediately, and we will continue to do the calendar.
ACTING PRESIDENT FUNKE:We will continue with the calendar. There will be an immediate meeting of the Finance Committee, but the calendar will continue to be read.
Can I have some order in the chamber. We're going to continue reading the calendar, ladies and gentlemen.
The Secretary will read.
THE SECRETARY:Calendar Number 436, by Senator Funke, Senate Print 3133, an act to amend the Election Law.
ACTING PRESIDENT FUNKE:Calendar Number 436, read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT FUNKE:The bill is laid aside.
THE SECRETARY:Calendar Number 570, by Senator Flanagan, Senate Print 2058, an act to amend the Executive Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 825, by Senator Hannon, Senate Print 5170A, an act to amend the Public Health Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT FUNKE:Lay the bill aside.
SENATOR LIBOUS:Lay it aside for the day, please.
ACTING PRESIDENT FUNKE:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 831, by Senator Martins, Senate Print 4125A, an act to amend the Nassau County Civil Divisions Act.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 864, by Senator Flanagan, Senate Print 2140, an act to amend the Education Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 1065, by Senator Hannon, Senate Print 5345, an act to amend the Public Health Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:That bill is passed.
THE SECRETARY:Calendar Number 1087, by Senator Funke, Senate Print 4786A, an act to amend the Military Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:That bill is passed.
THE SECRETARY:Calendar Number 1224, by Senator Ritchie, Senate Print 5571, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:That bill is passed.
THE SECRETARY:On page 45, Senator Ortt moves to discharge, from the Committee on Mental Health and Developmental Disabilities, Assembly Bill Number 2143 and substitute it for the identical Senate Bill Number 5680, Third Reading Calendar 1326.
ACTING PRESIDENT FUNKE:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1326, by Member of the Assembly O'Donnell, Assembly Print Number 2143, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 1333, by Senator Parker, Senate Print 526, an act to amend the Public Service Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:The bill is passed.
THE SECRETARY:Calendar Number 1498, by Senator Klein, Senate Print 5230A, an act to amend the Tax Law.
ACTING PRESIDENT FUNKE:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT FUNKE:Lay the bill aside.
Senator Libous, that completes the noncontroversial reading of the supplemental active list.
SENATOR LIBOUS:Thank you, Mr. President.
At this time I want to go back to Calendar Number 436 and lay it aside for the day, please.
ACTING PRESIDENT FUNKE:Calendar Number 436 is laid aside for the day.
Senator Libous.
SENATOR LIBOUS:Now we're going to go back to Calendar Number 54B and we're going to do the controversial reading of Calendar Number 1678, by Senator Hannon.
ACTING PRESIDENT FUNKE:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 1678, by Senator Hannon, Senate Print 5458A, an act to amend the Public Health Law.
ACTING PRESIDENT FUNKE:Senator Squadron.
SENATOR SQUADRON:Thank you. If the sponsor would yield.
ACTING PRESIDENT FUNKE:Will the sponsor yield for a question?
SENATOR HANNON:Yes.
SENATOR SQUADRON:Thank you.
If the sponsor would just explain briefly sort of what kinds of clinics are contemplated in this bill and what types of retail establishments they might appear in.
SENATOR HANNON:These would be general clinics which would be subject to rules and requirements set forth by the Public Health Council, with the limitations on those clinics to design -- essentially to make sure they would be limited in services, not used for general primary care, not used for pediatric care, but the idea would be to widen the availability of healthcare services in the State of New York. Generally owned by or directed by, under the requirements of the bill, by any retail store.
One of the requirements of the bill would be that there would be a licensed physician as a medical director, and another one would be that it would accept Medicaid in all cases. And a third would be that the clinic must have an electronic medical record so that people using it for the purpose of convenience or occasion would still have their care recorded in their medical record, including immunizations.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:The sponsor uses the phrase "limited services." To a layperson, what does that mean, what sorts of medical services?
SENATOR HANNON:That it's not for general purposes. It is really, in a sense, more akin to an urgent care than anything else.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:Is it in fact overseen in the same way that an urgent care is overseen?
SENATOR HANNON:Well, actually urgent cares are not overseen in any way. Because the urgent cares are based on the licensure of an individual physician, even if the physician owns several of them.
These we would require to go through the same type of requirements -- with some, you know, logical adjustments for the fact that there's shareholders. But you'd go through the same requirements as a diagnostic and treatment center would do it, and you'd go through licensure the way you'd go through the Public Health Council.
So there's a considerable more oversight here than there would be with urgent care centers.
SENATOR SQUADRON:If the sponsor will continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:So "limited services," the sponsor said it wouldn't do pediatrics. I assume it wouldn't do surgery, even ambulatory surgery, is that correct?
SENATOR HANNON:Correct.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:And "limited service," no surgery, no ambulatory surgery, no pediatrics. What about if urgent care was contacted by someone who had chest pains?
SENATOR HANNON:I would imagine that the first thing they would do if someone said "I have chest pains," would be to say "We'll call 911, we'll get you an ambulance here and get you to the nearest emergency room."
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:So is the best analogy in terms of the patient experience a doctor's office without having to make appointments?
SENATOR HANNON:I would guess -- I hadn't thought that out, but there's different -- you know, some doctor's offices are specialists. And some doctor's offices would have x-ray machines, some doctor's offices would have ultrasound machines. It's not envisioned that the rules of the Public Health Council would allow for those here.
So it's not a total analogy with doctor's offices.
SENATOR SQUADRON:If the sponsor will continue to yield.
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR HANNON:Yes.
SENATOR SQUADRON:And how about the prescribing of medications, prescription medications?
SENATOR HANNON:This would -- yes, it would be envisioned that there would be that prescribing of medications.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:And just briefly, actually. Before, I had asked about the types of retail establishments these would be in. Any examples of -- you know, is it envisioned they'd be in the local gas station, the local drugstore, the local laundromat?
SENATOR HANNON:The vision is that it would be an establishment that would inspire confidence by the patients. Otherwise, I can't imagine, under your suggested example, that people would visit a gas station. I would imagine that it would be a reasonable, logical location such as a pharmacy.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:And any of the more conceivable, more reasonable locations that the sponsor talks about, do any of them currently have these types of clinics on-site?
SENATOR HANNON:There are several that have it on a small-scale basis. In the past, there's been several of the pharmaceutical chains that have visited us. One was Walmart. I noticed the other day that they've decided to focus, in New York, their endeavors on virtual walk-in clinics. I guess they're moving on to a new model. They're a company in Chicago. The city of Chicago has something like 50 of these retail clinics.
Others that have shown that they're doing it now would be CVS, that has a handful of them.
SENATOR SQUADRON:If the sponsor will continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:Is there any structure in the state, currently in the state that allows -- from the patient point of view, not the ownership point of view -- this sort of clinic that is contemplated in this bill?
SENATOR HANNON:Structure, yes. CVS has some.
SENATOR SQUADRON:And if the sponsor would yield and, if so, describe how this is different than what already exists in the state.
SENATOR HANNON:It would just be so -- CVS has evidenced that they would like to do it on a a far more regulated basis, far more directed, far more uniform basis. Because since they're associated with it, they think there's a quality control.
In fact, I think a couple of years ago or last year they brought their medical director around, who had previously been the director or actually the president of an entire hospital system. So that the standards of care, the quality review, the patient review, the recordkeeping was all -- they envisioned that would be the same as a hospital system.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:And I would imagine, since the bill directly gives the mandate to the Public Health Council to establish records and to review that and review the compliance, that that type of quality would be what we would see.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:And not to belabor this point, but just so that I understand, CVS, for example, or in the example the sponsor used, was looking to be further regulated and that was the difference between the current model. Isn't there an additional difference in terms of who the owner of the clinic and therefore the responsible party in the clinic is?
SENATOR HANNON:Yes. As I said, it was with logical differences in regulation for a shareholder-owned company. I said that.
SENATOR SQUADRON:If the sponsor would --
SENATOR HANNON:So you might also remember that this provision has been in the Senate's budget for the last two years, and so we have passed that and endeavored to have conversations with the other house. Their response over there has not been negative but, on the other hand, has had a counterproposal that is still being entertained.
SENATOR SQUADRON:And if the sponsor would continue to yield and would be willing to talk about, in a little more detail, a little more specificity, some of those logical differences when there are shareholders.
SENATOR HANNON:Well, you just can't -- there's a call for character and competence, but you can't do it if you have a million shareholders.
So in that situation, you would not do it. And you would not do it because the rationale for having character and competence over a million shareholders is not the same as having character and competence over the 10 shareholders in a nursing home, where obviously the degree of influence and the degree of control is far different. So when I was talking about logical differences, that would be one of them.
SENATOR SQUADRON:If the sponsor would continue to yield.
So in the existing facilities inside any retail establishment that do exist in the state, the few, who does own them?
SENATOR HANNON:I would believe they'd be leased. And they'd be leased by whoever, whichever medical profession would be running it. It could be a nurse practitioner, it could be a physician, it could be a physician's assistant.
SENATOR SQUADRON:If the sponsor would continue to yield.
So in the current structure, are those facilities more like your average general practitioners or family doctor's offices?
SENATOR HANNON:Probably.
I couldn't -- I don't have individual knowledge of that. But from a corporate standpoint, that's exactly why they would want this bill, so that they would have a sense of quality control, standardization of delivery, patient satisfaction. And -- and, which is not presently the case, have the electronic medical records, which we insisted as part of this so that we could continue to have a knowledge about people's primary care access.
SENATOR SQUADRON:If the sponsor would yield.
The current system from a regulatory standpoint, however, is more like a doctor's office, it's run by a --
SENATOR HANNON:Well, I can't say its totally current system. It's a handful, as I said. I don't know the exact number but, you know, somewhere between five and 20.
SENATOR SQUADRON:But it would be fair to say that it is -- through you, Mr. President, it would be fair to say that it is regulated, the way that -- for the normal patient who doesn't know the ins and outs of public health law?
SENATOR HANNON:The interesting thing that you're assuming in your question, which is erroneous, is that there's a regulation of the doctor's offices. As a matter of fact, we don't regulate doctor's offices. We regulate medical care. We have a number of boards that are there that have standards for certification to be part of those boards. They will set forth the measurement of care.
But the State of New York does not have regulations. We don't tell them how many square feet they have to have, how many people they have to employ, how many hours they have to be open. We have none of that. So that the presumption in your questions about the current practice is erroneous.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:Thank you for that clarification.
Let me ask, as you provide the clarification, as the sponsor provides the clarification -- forgive me, Mr. President -- who then is held responsible for quality of care in doctor's offices in New York State currently?
SENATOR HANNON:The doctor.
SENATOR SQUADRON:Thank you. If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:Thank you.
The sponsor said before that x-ray, ultrasound, that sort of thing is not contemplated to be in these facilities. Is that contemplation reflected in the bill? And if so, where?
SENATOR HANNON:By having them subject to standards set by the Public Health Council.
SENATOR SQUADRON:If the sponsor would yield.
And is that based on a conversation --
SENATOR LIBOUS:Mr. President. Mr. President. Could I ask that questions go through Mr. President, and also responses, rather than directly? It would make things a lot easier.
SENATOR SQUADRON:Forgive me, Mr. President.
ACTING PRESIDENT FUNKE:Senator Squadron.
SENATOR SQUADRON:Through you, Mr. President. When it's contemplated that the regulatory body would not allow x-rays or ultrasounds, is that again based on something in the bill text, based on conversations with them, based on a general knowledge?
SENATOR HANNON:I don't know what you're getting at. Why don't you -- you can read the bill. It's not specifically set forth.
If you're familiar with the healthcare regulatory system in this state, the Public Health Council has vast powers, does a lot of study, its membership is ratified by this body here.
So what they're going to specifically say -- but they've indicated, because this originated in the Governor's budget from a study that they had done, that they would be the type of oversight that one would -- that I've suggested here.
SENATOR SQUADRON:If the sponsor would continue to yield, Mr. President.
ACTING PRESIDENT FUNKE:Do you continue to yield, Senator Hannon?
SENATOR HANNON:Yes.
SENATOR SQUADRON:Thank you, Mr. President. Through you.
The sponsor also talked about the fact that a medical director would be required. Where in the bill is that?
SENATOR HANNON:Let's see. It would be on page 6, subdivision -- line 46 to line 48.
SENATOR SQUADRON:Thank you. If the sponsor would continue to yield.
SENATOR HANNON:Which says, in the bill, "requiring the operator to directly employ a medical director who is licensed and currently registered to practice medicine in the State of New York."
SENATOR SQUADRON:If the sponsor will continue to yield.
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR HANNON:Yes.
SENATOR SQUADRON:A few lines above that, it talks about immunizations to patients younger than 18 years of age. What is that component of the bill about?
SENATOR HANNON:The Public Health Council, when they recommended this, they were -- it was really at a time when -- and it's still at a time when there's not universal use of electronic medical records. So they wanted to make sure that we had people who could -- we would know who had fulfilled immunization requirements for those who are underage.
So the thought was this was not the appropriate place. As we do, we deal with many different types of vaccines and levels of when they need to be administered. This is something that's a moving target, but it's currently what's proposed for these licensed care clinics.
SENATOR SQUADRON:If the sponsor would continue to yield, Mr. President.
SENATOR HANNON:Yes.
SENATOR SQUADRON:Thank you.
Through you. So just so I understand, the bill would prohibit these clinics from providing immunizations to children under the age of 18?
SENATOR HANNON:Yes. Because the object here is, especially for those who are young, to have them go to their primary care provider, which probably would be a pediatrician.
Which is also the reason that the next line talks about -- or the line above says "is prohibited from offering services to patients 24 months of age or younger."
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR HANNON:Yes.
SENATOR SQUADRON:Just as I read the bill, some clarification would be helpful. Because the medical director provision, the immunization prohibition, the prohibition on pediatrics all appear to be in a section that is described as designating or limiting the treatment and services that may be provided, including.
And so it's just not clear to me whether all of those provisions are mandates or whether they are optional for the Public Health Council. If the sponsor would clarify.
SENATOR HANNON:When it says that they "shall" do, it's requiring.
SENATOR SQUADRON:If sponsor would continue to yield and, if so, clarify where they say "shall."
ACTING PRESIDENT FUNKE:Will the sponsor continue to yield?
SENATOR HANNON:"Commissioner shall promulgate," line 24.
SENATOR SQUADRON:Thank you.
On the bill.
ACTING PRESIDENT FUNKE:Senator Squadron on the bill.
SENATOR SQUADRON:The sponsor talks about a number of goals for this bill, but -- and I think there might be an idea in here. But there are some serious concerns in what the sponsor talks about here, and let's go through them.
The first is the sponsor talks about different requirements and protections that would exist. But the fact is they are not so clearly required at all. They are an option for a regulator, and that's a real concern. I think that the idea of creating a new system that's more carefully regulated and then giving the entire kit and caboodle to the Public Health Council doesn't make sense.
I think that it was telling that the sponsor talked about the protections as part of the justification for this bill.
I think it's also telling that the sponsor talked about the fact that when you talk about a doctor's office context for the layperson, the normal person who goes to the doctor, the general practitioner, hopefully for a checkup on an annual basis, the responsible party there is the doctor, is the physician.
And in this case, the ultimate responsible party is a corporation, and that's a change. And it's a change with requirements that are going to be up to the Public Health Council, and it's a change that I think should give us a great deal of pause here in the waning hours of session in the late hours of the day.
Because to simply create a new model of healthcare that we've not had in this state that's controlled in a for-profit corporate setting I think raises any number of other questions that should be answered.
And then, finally, I am concerned about the provision that limits the ability to receive immunizations for those under the age of 18. One of the justifications given for this bill is that it would expand primary care options for folks. And to expand primary care options in a model that takes immunizations for anyone under the age of 18 off the table, or limits them, I think is a concerning way to do that.
So for all of those reasons, Mr. President, I will join with the other house, as they have done for a number of years, as pointed out by the sponsor, and be voting no today. Look forward to perhaps seeing this bill in a different version in some future year.
Thank you, Mr. President.
ACTING PRESIDENT FUNKE:Thank you, Senator Squadron.
Are there any other members wishing to be heard on this?
(No response.)
ACTING PRESIDENT FUNKE:Seeing none, the debate is closed. The Secretary will ring the bell.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Senator Hannon to explain his vote.
SENATOR HANNON:First of all, I recommend a yes vote for this because it will help primary care, especially after we've enlarged the rolls of those insured in this state by Obamacare by over a million.
But I just wanted to clarify one point. It apparently was a concern of Senator Squadron that there's a limitation in the bill that people under 18 could not be immunized at a retail clinic.
I just want to point out that we've all voted to allow pharmacists to do immunizations. We don't allow the pharmacists to do immunizations for those under 18. It's the same idea. Let them go to their primary care practitioner and get the regular care there, especially when you're young.
Thank you. I vote yes.
ACTING PRESIDENT FUNKE:Senator Hannon to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1678, those recorded in the negative are Senators Dilan, Gianaris, Hamilton, Krueger, Montgomery, Perkins, Rivera, Sanders, Squadron and Stavisky.
Ayes, 53. Nays, 10.
ACTING PRESIDENT FUNKE:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, can we now go to Supplemental Calendar 54B, the one we're on, and go to 1654, a Senator Flanagan bill. If you'd lay that bill aside for the day.
ACTING PRESIDENT FUNKE:The bill is laid aside for the day.
SENATOR DeFRANCISCO: Next, on that same calendar, the last bill that hasn't been dealt with is 1686. It was laid aside temporarily. And could you call up that bill.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Calendar Number 1686, by Senator DeFrancisco, Senate Print 5713B, an act to amend the State Finance Law.
ACTING PRESIDENT FUNKE:Read the last section.
THE SECRETARY:Section 16. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:The bill is passed.
SENATOR DeFRANCISCO: I believe that completes that calendar.
And I understand there's a report from the Finance Committee at the desk.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nomination.
As a member of the State Board of Parole, Otis Cruse, of Pomona.
SENATOR DeFRANCISCO: I move the nomination and ask that you call on Senator Gallivan, please.
ACTING PRESIDENT FUNKE:The nomination is moved.
Senator Gallivan.
SENATOR GALLIVAN:Thank you, Mr. President. I rise to second the nomination of Otis Cruse as a member of the Board of Parole.
Mr. Cruse comes from a very unique perspective in community supervision, and I think when combined between the other members of the Board of Parole who come from other walks of life, will prove to be a very valuable asset in providing his decision-making when he's considering the factors and standards of rel;ease from a very unique perspective.
And I urge my colleagues to support his nomination.
ACTING PRESIDENT FUNKE:The question is on the nomination. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT FUNKE:Opposed?
(No response.)
ACTING PRESIDENT FUNKE:Mr. Cruse is confirmed.
Otis Cruse is accompanied by his wife, Gail, and Bishop and Mrs. Ronald Hopkins of Pilgrim Cathedral of Harlem.
We welcome you to the New York State Senate, and we congratulate you.
(Standing ovation.)
ACTING PRESIDENT FUNKE:Thank you for staying up so late.
(Laughter.)
ACTING PRESIDENT FUNKE:Senator DeFrancisco.
SENATOR DeFRANCISCO: Obviously a very popular choice.
Can we go to the next nominee.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Marc A. Coppola, of Tonawanda, as a member of the State Board of Parole.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT FUNKE:The nomination is moved.
Senator Panepinto.
SENATOR PANEPINTO:Yes, I stand on the nomination of Marc Coppola.
Marc Coppola was a member of this body he was my councilman for 10 years in the City of Buffalo. He's a constituent of mine in the Town of Tonawanda now. And he's served on the Parole Board admirably for the last four years.
He is a great asset to the State of New York, and we should continue him in this role. And I am proud to nominate Marc Coppola for continuation on the Parole Board.
Thank you.
ACTING PRESIDENT FUNKE:Thank you, Senator.
The question is on the nomination to the Parole Board -- I'm sorry.
Senator Kennedy.
SENATOR KENNEDY:Thank you, Mr. President. I too want to stand and second the nomination of Marc Coppola for his reappointment to the State Board of Parole.
Marc has been a tremendous asset to the people of the State of New York, a definite steward of the position, and someone that has earned this reappointment.
He has been a tremendous community activist, public official, and has also served in this honorable body over the years. So again, it is my honor, on his birthday, by the way, to second the nomination of Marc Coppola. We wish him a happy birthday, and great work in the years to come serving the people of the State of New York.
ACTING PRESIDENT FUNKE:Thank you, Senator Kennedy.
The question is on the nomination. All those in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT FUNKE:Opposed?
(No response.)
ACTING PRESIDENT FUNKE:Mr. Coppola is confirmed.
And happy birthday, sir.
(Applause.)
ACTING PRESIDENT FUNKE:Senator LaValle.
SENATOR LaVALLE: Mr. President, can we please go to the controversial reading of Calendar Number 1498.
ACTING PRESIDENT FUNKE:The Secretary will read Calendar Number 1498, by Senator Klein, Senate Print 5230A, an act to amend the Tax Law.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT FUNKE:An explanation has been requested.
Senator Klein with an explanation. Thank you, sir.
SENATOR KLEIN:Mr. President, this legislation originally, back in 2010, was legislation that would allow individuals to use their life insurance policies for long-term care by accelerating the death benefit.
Back in 2014 we expanded the kinds and types of long-term care that can be financed, such as end-of-life care.
This legislation would allow this new insurance product to get a 20 percent tax credit, as other long-term care insurance policies. So this would extend those same tax credits to the purchase of riders to life insurance policies that provide for an accelerated death benefit.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would please yield.
ACTING PRESIDENT FUNKE:Does the sponsor yield?
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:Thank you.
The bill would -- as the sponsor described in his answer, it would allow a 20 percent credit for some kind of -- it says actually care-like coverage, a long-term-care-like coverage that would be included in a rider to existing life insurance. Could I get an explanation of what long-term-care-like coverage would be?
SENATOR KLEIN:Again, Mr. President, right now, if you purchase a long-term-care insurance policy in New York State, you can get a 20 percent tax credit of the premiums paid.
Again, through legislation that I passed both in 2010 and 2014, we now allow life insurance policies to provide long-term care by accelerating the death benefit.
Again, we're hopeful that individuals will now buy these products because they're a lot more reasonable. Long-term-care insurance policies, stand-alone policies, are very expensive. So we're hopeful these new insurance policies, which will be offered and are already offered by life insurance companies, can enjoy that same tax credit.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT FUNKE:Does the sponsor yield?
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:Thank you.
In long-term-care insurance we have a certain program in New York State and insurance plans can apply to be recognized as a state-approved long-term-care plan. Would this bill require that the long-term-care-like insurance rider was for approved programs within the State of New York?
SENATOR KLEIN:Through you, Mr. President. First of all, it's up to the individual long-term-care insurance company to be part of these New York State plans. And quite frankly, most of them aren't. And that's the reason why they're so expensive and beyond the reach of most people.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT FUNKE:Does the response yield?
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:One concern that has been raised about accelerated benefits -- I'm getting the name of the product incorrect. If the sponsor would remind me of the correct term for the product.
ACTING PRESIDENT FUNKE:The correct term for the product, Senator Klein?
SENATOR KLEIN:It's allowing life insurance policies to accelerate the death benefit.
SENATOR KRUEGER:Thank you.
SENATOR KLEIN:Just to expand on that, what happens is of course when you buy a life insurance policy, it gives you the opportunity to leave the money to your beneficiaries.
This would allow the individual, when of course they're still alive, to use it for forms of long-term care. And in this case, it would be stay in a nursing home or hospice care, both at a facility and home-care attendant at home.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT FUNKE:Do you continue to yield?
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:So I just want to make sure I understand correctly.
So this bill would allow riders to life insurance to cover accelerated death benefits, as opposed to what we think of as long-term-care insurance, and then would allow you to take a 20 percent tax deduction for buying an accelerated death benefit rider; is that correct?
SENATOR KLEIN:Mr. President, it would allow individuals to enjoy a 20 percent tax credit for both. So in other words, we're not taking away the ability of somebody, if they buy a long-term-care insurance policy, to get the 20 percent tax credit. So it would be for both.
SENATOR KRUEGER:Right. So through you, Mr. President, if the sponsor would continue to yield.
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:Thank you.
So yes, the sponsor is correct, we already have law covering a 20 percent deduction from taxes if you buy a long-term-care health insurance policy. This bill would add accelerated death benefit policies to that type of policy that you can get a 20 percent tax deduction on; is that correct?
SENATOR KLEIN:Yes, Mr. President.
Let me elaborate, because I don't think the Senator knows, I guess, the whole purpose behind the original legislation.
Right now long-term-care insurance policies are very, very expensive. That's why only about 350,000 New Yorkers have long-term-care insurance policies. Oftentimes people wait until they're 50, 60 to buy one, and at that time they can be anywhere from $5,000 to $10,000 for a policy, beyond the reach of most people.
Seven million New Yorkers have life insurance policies. So I believe this is a way for individuals to choose, if they choose to do so, to use their life insurance policies for long-term care by accelerating the benefit, the death benefit.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT FUNKE:Is the Senator continuing to yield?
SENATOR KLEIN:Yes, Mr. President.
SENATOR KRUEGER:Thank you.
Is the sponsor at all concerned that the model of accelerated death benefits results in spending down your life insurance policy while alive and may even leave you with zero funds available as an actual life insurance policy for your beneficiaries that you originally took the life insurance policy out to help them?
SENATOR KLEIN:Again, Mr. President, it's up to the individual. If they choose to leave the money in their life insurance policy to their named beneficiary it's their choice.
This allows them and I believe families to have peace of mind that there will be some money available if they choose to use it for long-term care.
Also, this is going to, I think, derive a lot of savings in Medicaid dollars, because more and more people, if they choose to, will actually use their life insurance policies by accelerating death benefits and not go on Medicaid so quickly, I think potentially saving the state hundreds of millions of dollars.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT FUNKE:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank the sponsor for his answers.
It may save Medicaid some money. We don't know, because we haven't done this.
We do know that there has been an enormous drop in the number of people applying to or paying for long-term-care insurance, basically because those companies have skyrocketed their premiums and lowered the benefits that they're providing.
So there's a constant source of complaint by constituents of large premium increases, up to 40 to 45 percent, forcing constituents to choose between dropping their coverage or trying to recover premiums paid, which is often not possible, or paying new rates which may be higher than they can afford.
It's also particularly difficult getting things covered once they need to start using coverage, which is an additional concern I have about this program.
When insurance companies have trouble selling insurance, maybe it's because people realize it's not really in their best interests to purchase this insurance. And particularly for older New Yorkers, the concept that they may not be eligible for the benefits until they're at a point where they're incapable of handling daily functions for themselves.
So at the time you're incapable of handling daily functions for yourself, the concept that you can fight with an insurance company, that they shouldn't have reduced your benefits, should approve the activity, just even understanding what you have left, is a true source of problem for us in New York State -- probably everywhere in the country, because in fact sales of quality long-term-care health insurance has been going down.
Many state insurance regulators have allowed increases in premiums to offset low insurance company interest earnings on their investments, reports PBS. The Wall Street Journal reports the probability of collecting on long-term-care insurance is low. About two to three -- two out of three seniors stay in a nursing home for less than 90 days, which means they get no compensation from long-term-care insurance.
Forbes has reported that long-term-care insurance policies have three major defects. They only cover long-term care, they permit the seller to change the terms after you have put money in, and insurance companies fight paying out. There's a series of stories about that situation.
In addition, as I mentioned, people are having enormous trouble getting insurance companies to pay out on their policies.
I say all this because we give tax deductions for people to buy long-term-care insurance. Despite the tax deductions, the industry is seeing fewer people buying their policies. So now the industry would like us to help people buy a different kind of policy.
But I think we need much more detail about exactly what those policies would have to cover, the protections that would be built in, the guarantees that rates didn't go up, the guarantees that the coverage didn't go down. I don't want us to replicate, in a new model of long-term health insurance, the mistakes we have seen and are seeing from the existing law.
So conceivably we could come up with a series product products that were reviewed, approved, controlled by the State of New York such that we could guarantee people weren't just going to put their money down a new insurance drain that does not cover them when they need it. But right now this bill, without laying out specifically what the requirements of those policies would be, I do not believe is in the best interests of the State of New York.
I do agree with the sponsor that having quality insurance policies can help ensure there's decreased dependence on Medicaid and the state's responsibility for paying healthcare for older New Yorkers. But we really have to make sure we get it right. We have to make sure those policies will in fact cover what people are paying for before we encourage more people to participate in a plan or a group of plans. They may be just as bad for them as the ones they already can take tax deductions for.
So I'll be voting no. Thank you, Mr. President.
ACTING PRESIDENT FUNKE:Thank you, Senator Krueger.
Senator Nozzolio.
SENATOR NOZZOLIO:Thank you, Mr. President. Mr. President, will the sponsor yield?
ACTING PRESIDENT FUNKE:Will the sponsor yield for a question?
SENATOR KLEIN:Yes, Mr. President.
SENATOR NOZZOLIO:Thank you, Mr. Klein. And thank you, Mr. President.
Senator, I certainly believe in the concept that you're putting forth with this measure. My question, after reading the bill, Senator, is the type of policy that is actually covered by this bill and, as importantly, what may not be covered.
You're so right to address this issue, because the demand for these policies -- although the need is great, the cost has suppressed the demand. So what is happening in the marketplace is a morphing of the long-term-care insurance policy into a number of hybrids, one of which is establishing annuities, another of which may be transferring to life insurance as part of this.
And I know the sponsor is well-versed in these subjects. I wonder if you would so elaborate about whether this tax credit is in fact flexible to meet these new types of long-term-care, slash, investment policies.
SENATOR KLEIN:Sure. Through you, Mr. President.
First of all, I guess just to elaborate once again, this is not creating, this legislation does not create a new product. That was done in 2010. As a matter of fact, originally there was major opposition from the life insurance industry to allow individuals to accelerate their death benefit for long-term care in a nursing home, because I guess they felt they were competing with their long-term insurance policies, which a lot of them also sold.
They came on board because they realized this was a way, an affordable way for someone to use their life insurance policy for long-term care. I then expanded the legislation in 2014 to include hospice care.
This legislation merely allows this new form of life insurance to enjoy the tax credit just like an existing long-term-care policy.
So in answer to your question, Senator, it wouldn't include an annuity, it wouldn't include anything other than an existing long-term-care insurance policy. Now it's adding the riders, which will be included under previous legislation.
SENATOR NOZZOLIO:Mr. President, if Senator Klein would continue to yield.
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR KLEIN:Yes, Mr. President.
SENATOR NOZZOLIO:Thank you, Senator Klein.
I'm just a little uncertain of whether or not, as the marketplace adapts to different types of policies within the umbrella of long-term care, providing the consumer with additional options, would in fact this credit -- which, again, I support. I believe it's a very important incentive to help our citizens in their elder years.
But, Senator, I guess I wonder if it is flexible enough to meet those market changes where a long-term-care insurance policy is in fact a portion of that but providing other options to the policyholder within that long-term-care structure.
SENATOR KLEIN:Through you, Mr. President.
Senator, I think you raise an excellent point. And I believe, as more products become available in the marketplace to benefit individuals as far as long-term-care insurance, I would believe we would have to add them, you know, to the existing legislation to allow them to enjoy a tax credit as well.
But that's something that's flexible, and that can be done. And that's what this legislation does, by the way.
SENATOR NOZZOLIO:Thank you, Senator Klein.
Mr. President, on the bill.
ACTING PRESIDENT FUNKE:Senator Nozzolio on the bill.
SENATOR NOZZOLIO:I support this legislation because I believe Senator Klein is making a very good faith attempt to encourage investment in our citizens' future, and the policies themselves, as they exist for long-term care, are in fact almost cost-prohibitive for the average citizen. So this credit does help incentivize the acquisition of this type of coverage.
I do believe, though, that Senator Klein may consider very soon to amend this type of bill, because the marketplace is becoming -- I don't want to say crowded, I think that's too extensive a word. But there are more products every month that are entering the market out of necessity to encourage long-term protections.
So Senator Klein's certainly willingness to recognize that change in the marketplace is important. And that as such, I support this effort and will support further expansion of long-term-care protections in a variety of ways for our citizenry.
Thank you, Mr. President. I support this legislation.
ACTING PRESIDENT FUNKE:Thank you, Senator Nozzolio.
Are there any other members wishing to be heard?
(No response.)
ACTING PRESIDENT FUNKE:Seeing none, debate is closed. The Secretary will ring the bell.
The Secretary will read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of April.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Announce the result.
THE SECRETARY:Ayes, 61. Nays, 1. Senator Krueger recorded in the negative.
Senator Peralta is absent.
ACTING PRESIDENT FUNKE:The bill is passed.
Senator LaValle.
SENATOR LaVALLE: Mr. President, can we go to the controversial reading of Calendar Number 660, by Senator Golden.
ACTING PRESIDENT FUNKE:The Secretary will read Calendar 660.
THE SECRETARY:Calendar Number 660, by Senator Golden, Senate Print 4562, an act directing.
ACTING PRESIDENT FUNKE:Senator Gianaris.
SENATOR GIANARIS:Mr. President, will the sponsor yield for some questions, please.
ACTING PRESIDENT FUNKE:Senator Golden, will you yield for some questions from Senator Gianaris?
SENATOR GOLDEN:Yes, Mr. President.
SENATOR GIANARIS:Thank you.
This bill purports to allow an RFP for the Power Authority to sell 10 mini generators throughout the City of New York. My question to the sponsor is whether he's aware that these generators, when they were first put in place -- I believe it was in 2001 -- the announcement from the state was that they were to be temporary in duration and only there for purposes of fulfilling what was deemed to be an emergency need at the time.
SENATOR GOLDEN:Mr. President, through you, they've been there for 15 years. And there is a requirement for energy that is needed in the communities, especially during peak hours and peak times during the summer, and they are used, all of these 10 generators. So there's a purpose and a need for them.
So this sale of these generators would generate money for schools and would be able to hopefully upgrade and maintain and continue the use of these generators as we move into the 21st century for the City of New York.
We need energy any way we can get it, whether it's overland, under land, we've got a line coming down the Hudson, Connecticut -- we need energy, clean energy, technology, good technology, clean energy, energy efficiency in installing these renewable and clean energy technologies.
So yes, I'm aware that they were placed in 2001, and I believe that they will benefit the city, have benefited the city and will continue to benefit the city as we go forward.
SENATOR GIANARIS:Would the sponsor continue to yield, Mr. President?
ACTING PRESIDENT FUNKE:Does the sponsor yield?
SENATOR GOLDEN:Yes, Mr. President.
SENATOR GIANARIS:I know a part of my question -- I know it was a compound question, so I'll just isolate the part I'd really like answered. Is the sponsor aware that there was a commitment to the communities that housed these generators by the state 15 years ago or 14 years ago that they would be there only temporarily and would be moved in the short term?
SENATOR GOLDEN:I heard the -- through you, Mr. President, I heard the good gentleman before.
As I said, they were placed there 15 years ago. The state is putting up a request for proposal that would allow these -- by PASNY to put these requests out there for these 10 megawatt generators.
SENATOR GIANARIS:Would the sponsor continue to yield?
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR GOLDEN:Yes, sir.
SENATOR GIANARIS:Is the sponsor aware that with respect to at least two of the units, the ones in Long Island City, in the district I represent, there is an existing court order that they be moved off the site, pursuant to litigation that occurred back at the time?
SENATOR GOLDEN:Through you, Mr. President. I'm sure if there's a court order, the request for proposal -- as the request for proposal is provided and put together by both PASNY and working with NYPA, I'm sure that they will conform to whatever court orders there are.
SENATOR GIANARIS:And would the sponsor continue to yield.
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR GOLDEN:Yes, Mr. President.
SENATOR GIANARIS:Is the sponsor also aware that with respect to all 10 of the generators, it was also revealed through litigation that they were placed disproportionately in low-income communities that already suffer from excessive pollution, bad air quality, and increasing rates of asthma?
SENATOR GOLDEN:Through you, Mr. President, I know that the good gentleman does not wish it in his community. There is one in my community, or next to my community. Andrew Lanza, Senator Lanza has one in his community; he doesn't want it there either. And I'm sure there's many other Senators here that don't want them in their communities.
But the reality is we need energy in the good City of New York. And this is, I believe, an opportunity to sell off these generators and to make sure if they continued them at those locations, that they are upgraded and fitted into the 21st century. And that I understand they're in good working condition in the last 15 years that they've been there.
SENATOR GIANARIS:Would the sponsor yield again, Mr. President.
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR GOLDEN:Yes, Mr. President.
SENATOR GIANARIS:My previous question was not so much about the fact that there's one in my community, which there is -- or two -- but whether the sponsor is aware that where all of these plants are located was revealed through litigation to be disproportionately in low-income communities that suffer the burden of having these power plants as neighbors and all the concomitant health consequences that go with that.
SENATOR GOLDEN:I don't believe that to be the facts, Mr. President.
SENATOR GIANARIS:On the bill, Mr. President.
ACTING PRESIDENT FUNKE:Senator Gianaris on the bill.
SENATOR GIANARIS:I thank Senator Golden for answering my questions.
However, I have a fundamental agreement with some of the facts about these plants. They were placed there -- I know this very well, because I was a part of the litigation against them -- they were placed there in 2001. There was deemed to be what was at the time called a California-style energy crisis in New York. It turned out to be fictional, that wasn't the truth. But the state used that excuse to drop 10 power plants in some of the poorest communities throughout New York City on the promise made by Governor Pataki in numerous news reports at the time that they would be there temporarily and only to satisfy the emergency need at the time.
Since that time, the demand for energy has actually not reached the expectations of the experts. They weren't even necessary back then. They certainly are not necessary now to avoid brownouts or blackouts or anything of the sort.
Fundamentally, by now offering to sell these to private entities, the promise of their temporary nature is going out the window. So if there were something in this bill, if it were amended to say the RFP will require a sale together with a commitment to move these generators to other locations, I would be much more open to the idea of the Power Authority raising revenue this way.
But my fear is that by merely selling them in place where they are, we are turning what was a promise for a temporary solution into a permanent solution and a permanent burden on the communities that can least afford it.
The one in Long Island City that I'm most familiar with is next door to the largest public housing development on the East Coast of the country, Queensbridge Houses. It's on the south end of the development. On the north end of the development is another massive generator owned by a private entity. A little bit further north is another two generators. Sixty percent of the city's electricity is produced in this community. Not surprisingly, the rates of asthma are through the roof in one of the poorest communities in the city.
So what did the state do when they did this? They promised they wouldn't be there that long. Don't worry, they said. This is to satisfy an emergency and then they're gone.
Well, 15 years later, a court order in effect that's being ignored, we're sitting here now offering to sell them to private entities that have no such commitment. Never mind the fact that the state is not fulfilling its commitment -- whoever buys these never made a commitment in the first place.
And so by allowing this to go forward without including in this legislation a requirement that the generators be moved as promised, we're condemning these communities to continue suffering unnecessarily.
And so I cannot support this bill as written. I encourage the sponsor to consider amending it, to consider going back over a decade now where there was in fact a court finding that these generators were placed disproportionately in minority communities and low-income communities throughout the city. He could find Governor Pataki's comments that they would not be there that long. We're sitting here 15 years later and now suggesting that private entities take them over and run them indefinitely.
The emergency that was suggested at the time didn't exist then, it certainly doesn't exist now, according to all the experts. And so I cannot in good conscience vote for this bill, and I encourage my colleagues to also vote in the negative.
Thank you, Mr. President.
ACTING PRESIDENT FUNKE:Thank you, Senator Gianaris. You'll be recorded in the negative.
Are there any other members wishing to be heard at this time?
(No response.)
ACTING PRESIDENT FUNKE:Seeing none, debate is closed. The Secretary will ring the bell.
Will the Secretary read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Senator Golden on the bill.
SENATOR GOLDEN:Yes, Mr. President. I'd like to vote yes on this bill.
These megawatt gas turbines, when sold, would not only have to be repowered, they'd have to be cleaner, they'd have to be mitigating the impact to the communities.
I think if we didn't need them, we would get rid of them. They get turned on in the summertime because of peak use. We need those units, and that's why they're there.
The one in Brooklyn is in one of the largest industrial locations in the City of New York. There are others that are in plenty -- out of the 10, I know of three that are in industrial locations.
So I'm hoping, you know, that these are purchased and that they do serve the City of New York for the goals that we're looking to use them for, and that's to make sure there's enough energy there going forward into the 21st century. And I vote aye.
Thank you, Mr. President.
ACTING PRESIDENT FUNKE:Senator Golden to be recorded in the affirmative.
Announce the result.
THE SECRETARY:In relation to Calendar 660, those recorded in the negative are Senators Avella, Breslin, Comrie, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Kennedy, Krueger, Montgomery, Panepinto, Parker, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins. Also Senator Hamilton.
Absent from voting: Senator Peralta.
Ayes, 42. Nays, 20.
ACTING PRESIDENT FUNKE:The bill is passed.
Senator LaValle.
SENATOR LaVALLE: Mr. President, can we go to the controversial reading of Calendar Number 816, by the Rules Committee.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Calendar Number 816, by the Senate Committee on Rules, Senate Print 5336, an act to amend the Tax Law.
ACTING PRESIDENT FUNKE:Senator Squadron.
SENATOR SQUADRON:If the sponsor would yield for some questions.
ACTING PRESIDENT FUNKE:Senator DeFrancisco, will you yield for a question?
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:Thank you, Mr. President. Through you.
The sponsor is acting on behalf of Senator Rules. If Senator DeFrancisco would explain what this bill does.
SENATOR DeFRANCISCO: What it does is extend the current sales tax in the County of Dutchess so that it can continue as it has been since it was last extended by this body.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:And we see a number of bills of this type through every legislative session, particularly at the end, is that fair to say, for counties, municipalities, villages -- not villages, but counties and municipalities?
SENATOR DeFRANCISCO: It depends on what you mean by we see a fair amount. I don't know what "fair amount" means.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:We see -- about how many of these, in Senator DeFrancisco's estimation as the chair of the Finance Committee, do we see a year?
SENATOR DeFRANCISCO: Whatever -- however many are needed.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:Would eyeballing a couple of dozen be a working number for this conversation?
SENATOR DeFRANCISCO: That would be fine.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:Thank you.
And of that -- we've called it a couple of dozen, is it fair to say that most are sponsored by the Senator who represents the area that has requested authorization to extend a sales tax or some other --
SENATOR DeFRANCISCO: I don't know, because that issue is not material to me. It's the substance of the bill that matters.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:At what -- you're speaking on behalf of the listed sponsor of this bill, which is Rules. What are the reasons that Rules might sponsor a bill rather than an elected member of our house?
SENATOR DeFRANCISCO: I don't know what the reasons are, but the point is that when we legislate I think the concept is not who is the legislator that sponsors it, but whether it's good legislation. And if it's good legislation, you vote yes. If it's not, you vote no.
And it doesn't really matter who speaks on behalf of the sponsor, it's once again for the merits of the legislation. So it's not something that I think anyone should concern themselves with.
SENATOR SQUADRON:If senator DeFrancisco would continue to yield.
SENATOR HANNON:Yes.
ACTING PRESIDENT FUNKE:Do you continue to yield?
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:So I can understand the argument, Senator DeFrancisco is suggesting that the sponsorship of a bill, which certainly in the context of floor debate, certainly in terms of how the bills are called up by the Clerk, many, many times today and through the course of the session, in terms of who generally speaks to explain a bill, who I think in total is accountable for that bill, primarily, is an irrelevancy in this house?
SENATOR DeFRANCISCO: No, on these bills, we've been talking about tax extenders and tax bills, it's irrelevant. We've had the rule that Rules can submit a bill as long as I've been here, 23 years. And no matter who's been in the majority. So I'm not sure why today and during your last few debates on this, why this all of a sudden has become an important issue to debate at 10 o'clock in the evening on one of the last days of session.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
ACTING PRESIDENT FUNKE:Will the sponsor yield?
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:And as part of asking the question, I would clarify this bill was actually laid aside many hours ago when it was still light out. This is an issue that I certainly have raised, as have some other members of this house for many years, certainly for the last four or five at a minimum.
And why, though, based on the idea that it really doesn't matter with these tax extenders who sponsors them, why wouldn't we have a process where they're all sponsored by a nameless entity?
SENATOR DeFRANCISCO: It depends on the Majority as to how the bills are going to be presented. And I'm sure in every Majority that's ever been in this house, they've had bills from the Rules Committee. The Majority makes that decision on sponsorship, what comes to the floor, what are labeled as Rules and what are labeled as specific individuals.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:Thank you, Mr. President.
And Senator DeFrancisco, it sounds like from the explanation, doesn't think that the public deserves any further explanation as to why we would have a bill before the house that doesn't have all of the normal accountability structures that the vast, vast majority of bills, whether tax extenders or any other, have in this house.
SENATOR DeFRANCISCO: The Majority of this house has the responsibility to the general public of whether or not we extend an existing tax that's requested by the county. And that's what we're doing. No matter if anyone -- whoever sponsors it, Rules or whatever, we're accountable for the substance of it.
And if we don't put a rule in, or however we put the rule, the question is do we do what the locals wanted. And that's what we're doing, whether it's Rules or anybody else.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:But isn't it fair to say that when a bill is sponsored by an elected member of this house, that that member of the house has fulfilled that duty with the support of a majority of the house, but when it is put in by Senator Rules, who does not in fact exist and is not in fact elected by anyone, then the word "we" or the kind of unaccountable concept without transparency is all the public has to rely on?
SENATOR DeFRANCISCO: The transparency is the Republican Majority of this house has made a decision to support the locality who wants to extend their taxes the same way they were extended the last time, whenever that happened to be.
We're accountable for that. The Majority Leader is accountable for that. Every Republican Senator who voted in the voting for the Majority Leader is accountable. So there's actually more accountability, that everyone is standing behind this bill in order to do what the locals want done.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield, Mr. President.
ACTING PRESIDENT FUNKE:Yes, would the Senators please address their remarks through the chair. Thank you.
Senator DeFrancisco?
SENATOR SQUADRON:I'm trying, Mr. President.
Does Senator DeFrancisco know which Senator represents Dutchess County?
SENATOR DeFRANCISCO: I am a state representative in the New York State Senate. I voted just a minute ago on a bill that had nothing to do with Syracuse, where I happen to represent in Central New York. But as an elected body, we are accountable for how we vote on those various pieces of legislation.
I may never be in that district with those generators. But I have a responsibility to vote for it. I do not represent Dutchess County, but I'm a state representative who votes on statewide and local bills no matter where they're from.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
ACTING PRESIDENT FUNKE:Will the Senator yield?
SENATOR DeFRANCISCO: For a few more, because I think this is -- I think we've -- a few more questions.
SENATOR SQUADRON:I think we're trying to move forward and not be circular. Although I would say, as to my last question, I think it's established that neither of us -- through you, Mr. President -- represent Dutchess County. Who does?
ACTING PRESIDENT FUNKE:Is that the question for the Senator?
SENATOR SQUADRON:Yes, Mr. President.
SENATOR DeFRANCISCO: Well, I don't know who does offhand. But you can figure that out, couldn't you?
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT FUNKE:Will the Senator yield?
SENATOR SQUADRON:Thank you. And just two more questions.
What counties does Senator DeFrancisco represent?
SENATOR DeFRANCISCO: I'm sorry, go ahead.
SENATOR SQUADRON:What counties does Senator DeFrancisco represent? Through you, Mr. President.
SENATOR DeFRANCISCO: I represent most of Onondaga County and about one-third of Cayuga County.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
ACTING PRESIDENT FUNKE:Will the Senator yield?
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:Second-to-last question.
Did any of those counties require any sort of extenders or make any other home-rule requests to this Legislature this year that we passed? Or in the last three years.
SENATOR DeFRANCISCO: I think Onondaga has one this year. Or it was done last year. Onondaga, either last year or this year.
SENATOR SQUADRON:If Senator DeFrancisco would continue to yield.
ACTING PRESIDENT FUNKE:Will the Senator yield?
SENATOR DeFRANCISCO: Yes.
SENATOR SQUADRON:Did Senator DeFrancisco sponsor that bill?
SENATOR DeFRANCISCO: I don't remember. Because it doesn't matter to me. It matters to me that it was requested and it got done.
SENATOR SQUADRON:Thank you. On the bill, Mr. President.
ACTING PRESIDENT FUNKE:Senator Squadron on the bill.
SENATOR SQUADRON:I thank Senator DeFrancisco for answering those questions on behalf of Senator Rules. Frankly, I wish I had had Senator Rules to debate. I'm sure that they would not have been as worthy or savvy a debater as Senator DeFrancisco.
But I do appreciate at this late hour Senator DeFrancisco's time on behalf of this bill, which is for a county represented by a member of this house who is not responding to the home rule from that county by taking on the bill with accountability, with clarity for the public, with transparency, and sponsoring it as should be the process. So that is disappointing, but I do appreciate the ability to have questioned the chair of the Finance Committee on this.
I would also point out that this idea that it is simply not relevant who sponsors bills is a new one to me, and I think a new one to many members of our house.
We know well the old reality that members of the minority -- and this has been true whichever party is in the minority -- have a much greater chance of getting a bill passed if it is sponsored with the name of a majority member.
We know well that when the Journal Clerk calls bills, they are called by their calendar number and their sponsor name because it is an intrinsic sick part of understanding what that bill is, where it comes from, and who is accountable for it.
We know that in the normal course when we debate, with very, very rare exceptions, the sponsor of the bill is the person who is held accountable for that debate.
None of that is possible when Senator Rules does things.
Senator DeFrancisco points out this is not the first time. It is also, however -- contrary to what Senator DeFrancisco said -- not the first time I've raised this issue. As I've said before, I do not do it on every single bill. We simply don't have time for that, and we have too much to do. And I do respect home-rule requests a great deal. The County of Dutchess should not pay the price for the fact that there is no accountability and responsibility being taken for this bill by any member of this house.
So I will vote yes, Mr. President, but I will again urge the Majority, I will urge my colleagues on both sides, let's get rid of this practice. Senator Rules is not a Senator at all, isn't accountable to the public, doesn't have voters. And it is not an irrelevancy in this house who sponsors bills; we all know that's true. And to claim anything else is simply contrary to how we operate.
I will vote yes, Mr. President.
ACTING PRESIDENT FUNKE:Senator Squadron to be recorded in the affirmative.
Are there any other members wishing to be heard?
(No response.)
ACTING PRESIDENT FUNKE:Seeing none, the debate is closed. The Secretary will ring the bell.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT FUNKE:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT FUNKE:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, I just want to thank Senator Squadron for overlooking the concerns he had and voting with the people of Dutchess County, who have asked us to extend the tax that's already in existence for another period of time. And he voted based on the merits of the legislation.
Thank you.
ACTING PRESIDENT FUNKE:Announce the results.
THE SECRETARY:In relation to Calendar 816, those recorded in the negative are Senators Lanza and Panepinto.
Absent from voting: Senators Martins and Peralta.
Ayes, 59. Nays, 2.
ACTING PRESIDENT FUNKE:The bill is passed.
Senator LaValle.
SENATOR LaVALLE: Mr. President, would you recognize Senator Gianaris for a motion.
ACTING PRESIDENT FUNKE:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
I wish to call up Senator Latimer's bill, Print Number 4166B, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT FUNKE:The Secretary will read.
THE SECRETARY:Calendar Number 1001, by Senator Latimer, Senate Print 4166B, an act to amend the Penal Law.
SENATOR GIANARIS:I move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT FUNKE:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT FUNKE:The bill has been restored to its place on the Third Reading Calendar.
SENATOR GIANARIS:Mr. President, I now offer the following amendments.
ACTING PRESIDENT FUNKE:The amendments are received, and the bill retains its place on the Third Reading Calendar.
Senator LaValle.
SENATOR LaVALLE: Mr. President, the remaining bills on the calendar should be laid aside.
Do we have any other business at the desk?
ACTING PRESIDENT FUNKE:There is no further business at the desk.
SENATOR LaVALLE: Mr. President, I now move that we adjourn until Wednesday, June 17th, at 11:00 a.m.
ACTING PRESIDENT FUNKE:On motion, the Senate stands adjourned until Wednesday, June 17th, at 11:00 a.m.
Senator LaValle.
SENATOR LaVALLE: Would you recognize Senator Gianaris for an announcement.
SENATOR GIANARIS:A reminder to the Democratic members that conference tomorrow morning is promptly at 9:30 a.m.
ACTING PRESIDENT FUNKE:Democratic conference at 9:30 a.m.
Senator LaValle.
SENATOR LaVALLE: The Republican conference will be promptly at 10:00 a.m.
ACTING PRESIDENT FUNKE:Republican conference tomorrow morning at 10:00 a.m.
The Senate stands adjourned.
(Whereupon, at 10:13 p.m., the Senate adjourned.)
Highest impact first.
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