Gaveled in 11:54 AM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 17, 2015
11:54 a.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:In the absence of clergy, I ask everyone to please bow their heads in a moment of silent prayer and reflection.
(Whereupon, the assemblage respected a moment of silence.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, June 16th, the Senate met pursuant to adjournment. The Journal of Monday, June 15th, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal will stand approved as read.
Presentation of petitions.
Messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 8, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 5290 and substitute it for the identical Senate Bill Number 3947, Third Reading Calendar 247.
On page 17, Senator Robach moves to discharge, from the Committee on Transportation, Assembly Bill Number 7462A and substitute it for the identical Senate Bill Number 4957A, Third Reading Calendar 532.
On page 17, Senator Golden moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6978 and substitute it for the identical Senate Bill Number 4738, Third Reading Calendar 554.
On page 28, Senator Carlucci moves to discharge, from the Committee on Social Services, Assembly Bill Number 6626 and substitute it for the identical Senate Bill Number 5732, Third Reading Calendar 1045.
On page 31, Senator Ortt moves to discharge, from the Committee on Rules, Assembly Bill Number 7670 and substitute it for the identical Senate Bill Number 4982, Third Reading Calendar 1098.
On page 32, Senator Seward moves to discharge, from the Committee on Insurance, Assembly Bill Number 7789 and substitute it for the identical Senate Bill Number 5647, Third Reading Calendar 1116.
On page 34, Senator Boyle moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 7855 and substitute it for the identical Senate Bill Number 5002, Third Reading Calendar 1197.
On page 35, Senator Boyle moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 7860 and substitute it for the identical Senate Bill Number 5005, Third Reading Calendar 1199.
On page 35, Senator Boyle moves to discharge, from the Committee on Rules, Assembly Bill Number 8000 and substitute it for the identical Senate Bill Number 5006, Third Reading Calendar 1200.
On page 35, Senator Boyle moves to discharge, from the Committee on Rules, Assembly Bill Number 7975 and substitute it for the identical Senate Bill Number 5007, Third Reading Calendar 1201.
And on page 38, Senator Valesky moves to discharge, from the Committee on Rules, Assembly Bill Number 3563C and substitute it for the identical Senate Bill Number 1865B, Third Reading Calendar 1286.
ACTING PRESIDENT GRIFFO:The substitutions are so ordered as read.
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:Mr. President, before I call a Rules Committee meeting, I just want to give the members a little bit of information, because I think a little bit of information is better than no information. A lot of information is sometimes not good either.
So I would share with you that we are going to call a number of committees off the floor today. We are going to have a fairly long day. Our goal is to pass a number of bills -- quite a few, as a matter of fact. And if we can accomplish all this, it will be a very, very good day. And summertime is a very nice time not to be here.
But I would tell you that there will be an immediate meeting of the Rules Committee in Room 332. And if we can commence that, the Senate will then stand at ease and we'll come back and begin a number of things throughout the day.
But be patient, because there may be some, oh, times that we have to stand at ease because it takes time to prepare documents. Stay close.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332, an immediate meeting of the Rules Committee in Room 332.
The Senate will stand temporarily at ease.
(Whereupon, the Senate stood at ease at 11:59 p.m.)
(Whereupon, the Senate reconvened at 12:37 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, there will be an immediate meeting of the Judiciary Committee, to confirm some judges or reject them, whatever you choose, in Room 124.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Judiciary Committee in Room 124, an immediate meeting of the Judiciary Committee in Room 124 to consider the nominations of judicial candidates.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I understand there's a report from the Rules Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a report of the Rules Committee at the desk.
The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 110, by Senator Hoylman, an act to amend the Penal Law;
Senate 305A, by Senator Espaillat, an act to amend the Public Health Law;
Senate 633, by Senator Carlucci, an act to amend the Correction Law;
Senate 1279, by Senator Peralta, an act to amend the Banking Law;
Senate 2357, by Senator Seward, an act to amend the Insurance Law;
Senate 2655, by Senator Parker, an act to amend the Penal Law;
Senate 3265, by Senator Sanders, an act to amend the Agriculture and Markets Law;
Senate 3272, by Senator Sanders, an act to direct;
Senate 4185A, by Senator Parker, an act to amend the Social Services Law;
Senate 4686, by Senator Avella, an act to amend the Environmental Conservation Law;
Senate 4940, by Senator Carlucci, an act relating to establishing;
Senate 4989A, by Senator O'Mara, an act to amend Chapter 380 of the Laws of 2005;
Senate 5365A, by Senator Klein, an act to amend the Public Housing Law;
Senate 5391, by Senator Golden, an act to amend the Civil Service Law;
Senate 5446, by Senator Serino, an act to amend the Real Property Tax Law;
Senate 5721A, by Senator Savino, an act to amend the Real Property Tax Law;
Senate 5723A, by Senator Lanza, an act to amend the Administrative Code of the City of New York;
Senate 5793, by Senator Griffo, an act to amend the Education Law;
Senate 5800, by Senator Venditto, an act to amend the Real Property Tax Law;
Senate 5806, by Senator Marchione, an act to establish;
Senate 5812A, by Senator Serino, an act in relation to authorizing;
Senate 5820, by Senator Serino, an act to amend Chapter 524 of the Laws of 1987;
Senate 5828, by Senator Hannon, an act to amend the Public Health Law;
Senate 5830, by Senator Skelos, an act to authorize;
Senate 5834, by Senator Felder, an act to authorize;
Senate 5844, by Senator Boyle, an act in relation to authorizing;
Senate 5845, by Senator Marchione, an act to amend the Real Property Tax Law;
Senate 5849, by Senator Golden, an act to amend the Penal Law;
Senate 5850, by Senator Golden, an act to amend the Penal Law;
Senate 5854B, by Senator Gallivan, an act to amend the Highway Law;
Senate 5857A, by Senator Marchione, an act to authorize;
Senate 5860, by Senator Golden, an act to amend Chapter 413 of the Laws of 2003;
Senate 5861, by Senator Ritchie, an act to amend the Public Authorities Law;
Senate 5864, by Senator Libous, an act to authorize;
Senate 5866, by Senator Seward, an act to amend the State Law;
Senate 5867, by Senator Marchione, an act to amend the General Municipal Law;
Senate 5870, by Senator Ranzenhofer, an act to amend the Not-for-Profit Corporation Law;
Senate 5874, by Senator Kennedy, an act to amend Chapter 595 of the Laws of 2007;
Senate 5875A, by Senator Nozzolio, an act to amend the Criminal Procedure Law;
Senate 5876, by Senator Murphy, an act relating to the collection;
Senate 5878, by Senator Hannon, an act to amend the Public Health Law;
Senate 5879, by Senator Breslin, an act authorizing;
Senate 5880, by Senator Martins, an act to amend the Workers' Compensation Law;
Senate 5888, by Senator Ortt, an act to amend the Penal Law;
Senate 5893B, by Senator Lanza, an act to amend the General Business Law;
Senate 5899, by Senator Bonacic, an act to amend the Civil Practice Law and Rules;
Senate 5907, by Senator Hannon, an act to amend the Public Health Law;
Senate 5911, by Senator Seward, an act to amend the Insurance Law;
Senate 5912, by Senator Breslin, an act authorizing;
Senate 5913, by Senator LaValle, an act to amend Chapter 387 of the Laws of 2013;
Senate 5922, by Senator LaValle, an act in relation to the management;
Senate 5925A, by Senator Seward, an act to amend the Insurance Law;
Senate 5928A, by Senator Seward, an act to amend the Insurance Law;
Senate 5929, by Senator Venditto, an act to amend the Environmental Conservation Law;
Senate 5932, by Senator Savino, an act relating to technology systems;
Senate 5937, by Senator Larkin, an act to amend the Retirement and Social Security Law;
Senate 5938, by Senator Little, an act in relation to state aid;
Senate 5939, by Senator Hannon, an act to amend the Public Health Law;
Senate 5942, by Senator Ortt, an act creating;
Senate 5943, by Senator Ortt, an act to amend the Insurance Law;
Senate 5947, by Senator Marchione, an act to amend the Penal Law;
Senate 5948, by Senator Marchione, an act to amend the Environmental Conservation Law;
Senate 5965, by Senator LaValle, an act to amend the Education Law;
Senate 5968, by Senator Hannon, an act to direct;
Senate 5971, by Senator Young, an act to amend the Real Property Tax Law;
Senate 5972, by Senator Seward, an act to amend the Insurance Law; and
Senate 5973, by Senator Flanagan, an act to amend Chapter 91 of the Laws of 2002.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:Senator Hannon.
SENATOR HANNON:Mr. President, could we go to Calendar --
ACTING PRESIDENT GRIFFO:Senator Hannon, I will entertain a motion, if you would be so inclined.
SENATOR HANNON:Motion to accept the Rules Committee report.
ACTING PRESIDENT GRIFFO:There is a motion to entertain acceptance of the Committee on Rules report. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Committee on Rules report is before the house.
Senator Hannon.
SENATOR HANNON:I'd like to go to Calendar 55A. And on that calendar, Calendar Number 1751, by Senator Seward, I'd ask that you call that bill up.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 1751, by Senator Seward, Senate Print 5928A, an act to amend the Insurance 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, 61.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Hannon.
SENATOR HANNON:Mr. President, for the record, and for the clarification of the members in the chamber, the bill that was laid on your desk is the bill we just took up and passed. That's Calendar Number 1751.
Unfortunately, the stamped number on the bill is 1753. That's -- it's not on the record, but it might be confusing members in the chamber. So it is exactly -- the bill on the desk is exactly the bill we took up and passed.
ACTING PRESIDENT GRIFFO:So noted, Senator Hannon.
SENATOR HANNON:Thank you.
At this point, Mr. President --
ACTING PRESIDENT GRIFFO:Senator Hannon.
SENATOR HANNON:-- I would ask that we stand at ease until some of the committee meetings are finished.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease temporarily till reports of the committees are brought forth.
The Senate is at ease.
(Whereupon, the Senate stood at ease at 12:46 p.m.)
(Whereupon, the Senate reconvened at 1:29 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: May we go to motions and resolutions, please.
ACTING PRESIDENT GRIFFO:We'll return to motions and resolutions.
SENATOR DeFRANCISCO: And would you please take up previously adopted Resolution 2605, by Senator Marchione, read the title only and recognize Senator Marchione.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2605, by Senator Marchione, congratulating Stephanie McBath upon the occasion of being named the 2015-2016 New York State Dairy Princess.
ACTING PRESIDENT GRIFFO:Senator Marchione.
SENATOR MARCHIONE:Thank you, Mr. President.
Today I have the privilege of introducing the 2015-2016 New York State Dairy Princess, Stephanie McBath.
Stephanie was named New York State Dairy Princess after competing earlier this year against 22 county dairy princesses in a two-day event.
She is a remarkable young woman who will be graduating from Schuylerville High School next week and going on to Cornell University this fall.
She is the daughter of Julie and David McBath. Also with her today is Bill Peck, who is the owner of a wonderful farm in Schuylerville where Stephanie keeps her farm animals. And also with them is Mrs. Shultz.
The Dairy Princess program is sponsored by the American Dairy Association and Dairy Council and seeks to highlight the nutrition and importance of dairy products while also fostering a deeper appreciation of local dairy farmers within the community.
In her role as the 2015-2016 New York State Dairy Princess, Stephanie will serve as the primary spokesperson for New York's dairy industry. Her many responsibilities will include making appearances at the all of the county dairy princess contests.
Stephanie has been busy representing the New York State dairy industry since she was crowned Dairy Princess, and she has a very eventful schedule ahead of her this summer, including spending a great deal of time at the New York State Fair in Syracuse at the end of August and into September. One of her duties there will be the unveiling of the traditional 800-pound butter sculpture.
In addition, Stephanie is looking forward to conducting numerous activities to help educate children and consumers about local dairy farmers and the benefits of dairy products.
Stephanie has brought enduring honor to her family, her community and the dairy industry through her many achievements. And now it is an honor for me to present to you Stephanie McBath, New York State 2015-2016 Dairy Princess -- if you'll please rise -- and her family and friends.
(Applause.)
ACTING PRESIDENT GRIFFO:The resolution was previously adopted on June 9th.
We welcome and congratulate Stephanie and her family and friends who are with us today. Welcome to the chamber. We extend the courtesies of the house to you.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I just would like to make an observation.
In your honor, Senator Bonacic came into chambers drinking a glass of milk. I don't know if you saw that.
(Laughter.)
SENATOR DeFRANCISCO: Right on time, perfectly.
Congratulations.
Mr. President, I understand you have a report of the Judiciary Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a report of the Judiciary Committee before the desk.
SENATOR DeFRANCISCO: Would you please take it up.
ACTING PRESIDENT GRIFFO:We'll take them up individually, Senator DeFrancisco, without objection.
The Secretary will read.
THE SECRETARY:Senator Bonacic, from the Committee on Judiciary, reports the following nomination:
As a judge of the Court of Claims, Russell P. Buscaglia, of Grand Island.
ACTING PRESIDENT GRIFFO:Senator Bonacic.
SENATOR BONACIC:Thank you, Mr. President.
Earlier today the Senate Judiciary Committee met and considered the appointment of two new judges and the reappointment of eight judges to the Court of Claims. In addition, we considered the nomination of three interim Supreme Court justices.
I would again like to thank Governor Cuomo for once again putting forth an impressive list of nominees for the court.
During this legislative session, the Judiciary Committee and State Senate, when we are done with our business now, will have confirmed the nomination of 57 judges this legislative session. It will have been 51 Court of Claims, 2 Court of Appeals, 3 Supreme Court justices, and one Surrogate's Court.
I am confident the judges put forth today will conduct themselves in an exemplary manner moving forward.
The judges are joining us in the gallery today, many with friends and family members.
So pursuant to the provisions of Section 9 of Article VI of the Constitution and the provisions of Section 2 of the Court of Claims Act, and pursuant to the provisions of Section 21 of Article VI of the Constitution, the Judiciary Committee has reported all of the nominations to the floor for Senate confirmation.
I'm going to introduce the judges and their friends and family in attendance today.
The first judge is the Honorable Michael Gross. The second judge is the Honorable Terry Jane Ruderman, with her husband, Jerold Ruderman. The Honorable Peter Sherwood is here with his bride, Ruby Sherwood. We have Richard Horowitz here. The Honorable Glenn Murphy, with his bride, Lori, and son Sean. Also Russell Buscaglia with his bride, Sue. Also Judge Collins. Judge Richard Dollinger with his bride, Marilyn. Also Diane Fitzpatrick, with her daughter Sara and son Sean. Also Judge Michael Hudson, with his bride Dale. Judge Jill Konviser-Levine, with her 9-year-old daughter Clare. And Judge Alan Marin and Judge Thomas Scuccimarra.
Now, Mr. President, at this time I move all the nominations to the floor for Senate confirmation, and I ask you to recognize any Senator who wishes to speak.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Bonacic.
Senator DeFrancisco, would you like me to take that en masse or individually?
SENATOR DeFRANCISCO: Well, if Senator Bonacic wants it en masse, we do it en masse.
ACTING PRESIDENT GRIFFO:Okay. A motion has been made. The Secretary will read.
Senator Bonacic, from the Committee Judiciary, reports the following nominees.
As judges of the Court of Claims: Russell P. Buscaglia, of Grand Island; Francis T. Collins, of Saratoga Springs; Richard A. Dollinger, of Rochester; Diane L. Fitzpatrick, of Tully; Richard Ira Horowitz, of Smithtown; Michael E. Hudson, of Amherst; Jill H. Konviser-Levine, of Manhattan; Alan C. Marin, of Manhattan; Glenn A. Murphy, of Miller Place; and Thomas H. Scuccimarra, of Garrison.
As interim Supreme Court judges: Michael Alan Gross, of Manhattan; O. Peter Sherwood, of Purchase; and Terry Jane Ruderman, of Scarsdale.
ACTING PRESIDENT GRIFFO:Senator Bonacic has moved. The question, then, is on all of the names as presented for the positions on the bench as indicated. All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Senator Breslin to be heard.
SENATOR BRESLIN:Thank you very much, Mr. President.
I would be remiss if I didn't stand and single out Richard Dollinger, who was a member of this body from 1993 to 2002. And to many of the Senators who were there at that time, they remember Rick Dollinger's debating style, his ability to raise issues and to debate them -- to the displeasure, sometimes, of the folks on the other side of the aisle. But always prepared, always positive, and never personal.
So he's gone on to the bench, which he now loves, and has done an extraordinarily good job as an acting Supreme Court judge in Rochester, still as a part of the Court of Claims.
He's been a long-term friend, sometimes mentor, and just an extraordinary public-service person, first as a Senator, now as a judge. I'm delighted that the Governor has renominated him, and I look forward to Rick Dollinger's spending many years on the bench.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Breslin.
Senator Flanagan.
SENATOR FLANAGAN:Thank you, Mr. President.
I just want to add my voice to the many people who are going to get up and speak, those before and those after.
I just want to the recognize two individuals who are near and dear to Suffolk County, and that's Judge Horowitz and Judge Murphy. Judge Horowitz comes from the great town of Smithtown, which I am fortunate enough to represent, has an excellent reputation in the profession and amongst his colleagues, which it's always nice to have the respect of the people you work with.
And it's nice to see Judge Murphy. It's a lot nicer to see Mrs. Murphy, who happens to be with him. And I just want to congratulate both of you.
But Glenn, to you in particular, Judge Murphy, it's a great honor to have you here. And you know you have very special people who are near and dear to you. I am very grateful to be able to call you friend, and now even more so to call you a new judge of the Court of Claims. Congratulations.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Flanagan.
Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President.
I rise, one, to congratulate Michael Alan Gross, from my district, being chosen to be a judge in the Court of Claims. I am quite confident that Michael Alan Gross works very hard, because he's my next-door neighbor and I don't think we've ever seen each other on the block. So we must both be working very hard.
I also rise to specifically congratulate Richard Dollinger. My colleague Senator Breslin already pointed out some of the strengths of Richard Dollinger. And we have already officially taken a vote, so none of you can do anything now. But for the record, Rick Dollinger was the person who convinced me I really should run for the New York Senate. So I know that my colleagues all thank you very much for playing that role.
(Laughter.)
SENATOR KRUEGER:And I also sometimes thank you, sometimes wonder a bit about that.
Congratulations to all of the new judges.
ACTING PRESIDENT GRIFFO:Senator Murphy.
SENATOR MURPHY:Yes, thank you, Mr. President.
It is with great pride that I congratulate Judge Terry Ruderman on today's appointment to the New York State Supreme Court.
There is no one in Westchester as respected as Judge Ruderman. She has built a resume that law students in our state can only dream of having.
Judge Ruderman was first appointed by Governor Pataki to the Court of Claims in 1995 and has since been reappointed two more times. Her accolades include service as vice chair of the State Commission on Judicial Conduct, chair of the Gender Fairness Committee for the Ninth Judicial District. She has served as vice president of the Westchester Women's Bar Association and has served as the president of the New York State Association of Women Judges.
I acknowledge Judge Ruderman and her husband Jerry, who is here to support her today. They are thrilled to be here today and will continue to perfect our judicial system.
Congratulations, and God bless.
ACTING PRESIDENT GRIFFO:Senator Panepinto.
SENATOR PANEPINTO:Yes, I rise to speak on behalf of two judges from Western New York, Judge Russ Buscaglia -- and if you're Italian, you don't pronounce that G-L, it's "Buscalia."
And Judge Buscaglia is a criminal judge, he's a constituent of mine from Grand Island. He's a wonderful individual. He and my wife are in the same judicial fraternity and they often sit next to other each other at the judicial meetings, so I often hear his critique from my wife of what's going on at these meetings. And I won't share those publicly.
Also, you know, Judge Buscaglia is well-respected in the criminal area. That's what he did as a practicing attorney, and he handles mainly criminal cases.
And there's two little-known facts about Judge Buscaglia. One you can observe about him. He's one of the most impeccable dressers amongst any of the judges in the 8th Judicial District. But a little-known fact is he is an expert in Italian cookies. Cucidatis, which are the Italian fig cookies, he is an expert on those. And he'll still get those every Christmas when I bake them.
So in regard to Judge Hudson, appeared in front of him many times in the Court of Claims. An absolute gentleman. I don't have the ability to appear in the Court of Claims anymore because I work for the state, but I will miss his fun repartee from the bench.
And both of these gentlemen are lawyer's judges, who make lawyers feel welcome when they appear in front of them, and they are both credits to the bench. So I'm happy to support both of their continued nominations today.
Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Ortt.
SENATOR ORTT:Thank you, Mr. President.
I rise to also congratulate the two judges, Judge Russ Buscaglia and Judge Mike Hudson from Western New York, from my area. Unlike my colleague from across the aisle, Senator Panepinto, I can't tell you if they're the best-dressed justices up there, I can't tell you about all of their expertise in the kitchen.
But I can tell you that they are well-regarded judges, that their knowledge of the law, their fairness is well-respected by their colleagues on the bench, by attorneys like my colleague, like Senator Panepinto, and by people from across the political aisle, as they have now been appointed numerous times by both Republican governors and Democratic governors.
And of course Judge Buscaglia and I have a mutual friend. I know he shares a lot of pride in one of his long-time law clerks being recently elected as State Supreme Court Justice Paul Wojtaszek.
So to Judge Hudson and Judge Buscaglia, congratulations. I know my constituents, the people of Western New York and all across New York State are well-served by your continuation on the bench, and congratulations to all the judges and the nominees today.
ACTING PRESIDENT GRIFFO:Senator Little.
SENATOR LITTLE:Thank you, Mr. President.
And congratulations to all of our judges. And thank you for all the work that you have done and will do in the future.
I would especially like to recognize Judge Tim Collins, who is from Saratoga, lives in Saratoga, but was born and raised in Glens Falls, longtime family friends, first became a Court of Claims judge in 1997, and has done a great deal of good work since then.
I congratulate him on his reappointment and thank the Governor for reappointing him.
Thank you, and congratulations.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'd also like to congratulate all the judges. But I'd like to single out three, the three I know best.
First of all, Judge Diane Fitzpatrick was an outstanding attorney when she was practicing, is an outstanding judge, and has been since she was appointed in the late '90s. She has the great respect of all attorneys who have ever appeared before her, and she's an individual that you would want to appear before if something that was important to you was being litigated.
And I congratulate her, I think she's here with two of her children, and I'm sure they're very, very proud of their mother today.
Secondly, Tim Collins used to sometimes sit over here, usually sit in the leader's office trying to make some order out of this process. And after doing that for some time, he decided that it's easier to take care of himself on the bench than all of these legislators here in a lot of the turmoil that goes on.
And I haven't had any dealings with him as a judge, but all I've heard is great things. And Tim Collins, congratulations and thank you for appearing again.
Lastly, Richard Dollinger, former Senator Dollinger. He sat over here. I remember because we debated many, many bills. I congratulate him. He's perfectly suited for a judgeship. And everything I've heard about him has been outstanding as well.
And, Rick, just -- wherever you are, rest assured that your legacy has been continued with Senators Krueger and Squadron. They have followed your footsteps admirably.
And congratulations again.
ACTING PRESIDENT GRIFFO:Senator LaValle.
SENATOR LaVALLE: Thank you, Mr. President.
I rise to make some remarks about Judge Glenn Murphy, but also start off by recognizing Judge Horowitz, who's from Suffolk. Both of them are SUNY graduates from SUNY Binghamton. So Suffolk is well-represented.
When you look at Judge Murphy's resume, you see he started in the DA's office and then ended in the Town of Brookhaven, both as a deputy town attorney and then as the deputy supervisor.
And I just stop for a minute in that part of his resume because it's the part that really builds character and allows someone for understand people. Because when you're at the town level, it's people talking to you about problems that they have.
And he demonstrated at every level the kind of temperament that you need as a judge. And I'm sure that he will carry that temperament forward in the Court of Claims. He is now leaving or was the supervising district court judge, so he's got good judicial experience, great temperament, and he's going to make just an outstanding judge.
Glenn, congratulations to you and your family, and to Judge Horowitz.
ACTING PRESIDENT GRIFFO:Senator Ranzenhofer.
SENATOR RANZENHOFER:Thank you, Mr. President, and thank you for recognizing me.
I'd like to also congratulate all of the jurists who are being renominated and nominated for the first time by the Governor, many of them who have been nominated by both Republican and Democratic judges, which I think speaks largely to their qualifications.
I'd also like to single out two, Judge Buscaglia and Judge Hudson, both of whom are here with their wives today.
And I had a chance to speak quite a bit in the Judiciary Committee about their specific qualifications, so I'd like to say it's just very interesting that these two judges, like many of their colleagues, have a breadth of knowledge both in terms of length of service in the judiciary and also the types of law that they practice.
Both Judge Buscaglia and Judge Hudson are reappointments. They've been on the bench for many years and have earned the respect of the attorneys and the litigants that have come before them and, most importantly, their fellow judges. I think that speaks very loudly about their competence and their ability to serve the State of New York and being fair and impartial.
Both gentlemen also not only have long careers on the bench but come from either the court system or the U.S. attorney's office or the district attorney's office, where they learned to ply their trade for many, many years. So you don't have rookies coming in and being judges; they have long careers in the judicial system, as attorneys, as court personnel, whether it be in private practice, again, the DA's office, the U.S. attorney's office, and the like.
So to both of these gentlemen and their families, congratulations. Our community in the Western New York area is very well served by your presence on the bench. I'm very comfortable with the Governor's nomination or renomination of both of you. You both have exemplary careers, very long, long careers in public service and specifically in the judiciary, and I'm sure that each of you will continue to do a great job for our community and the State of New York.
So again, congratulations. My best wishes to the both of you and your families.
ACTING PRESIDENT GRIFFO:Senator Kennedy.
SENATOR KENNEDY:Thank you, Mr. President.
I stand to support and second the nomination of all of these reappointments and appointments today. I want to congratulate each and every one of these appointments by the Governor, who has chosen wisely once again.
Two individuals that I'd like to recognize from Western New York are Judge Mike Hudson and Judge Russ Buscaglia, two well-respected individuals both on the bench and off the bench throughout the community, both consummate gentlemen and individuals that have demonstrated their ability to serve the public and are deep-rooted in that regard. Hardworking, honorable individuals that most importantly, when it comes to the work and the service to this great state, they demonstrate fairness in the courtroom.
It's my honor and privilege to support these nominations today.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Kennedy.
Senator Croci.
SENATOR CROCI:Thank you, Mr. President.
I'd like to join my colleagues in congratulating all of the nominees today for your past service and for your upcoming service to the state on the bench.
Specifically, to Judge Horowitz and Judge Murphy of Suffolk County, thank you so much for your service to our county, and congratulations to you and your families on this great honor. And at a time when we look to the judiciary to help with so many of the challenges we face in modern society, we look forward to your continued service.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Croci.
Senator Marchione.
SENATOR MARCHIONE:Thank you, Mr. President.
I rise also to join my colleagues in congratulating all of the nominees and in seconding Judge Collins of Saratoga Springs, who, as many of you know, was no stranger to this chamber, serving under Senator Bruno for many years. And since I've been around as well in politics for those years, you know, you get to know people along the way. And this judge is a tremendous asset to the court system.
And I just want to add my sincere congratulations to him and to all of the nominees today, and to your families.
ACTING PRESIDENT GRIFFO:Okay, the question was posed before the body and the nominations as read are hereby confirmed for the judicial positions designated and read.
Congratulations to all the members of the bench that are with us today and to all the family members who are here. We welcome you to the Senate and extend our best wishes. Please rise.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Thank you, and good luck.
Senator DeFrancisco.
SENATOR DeFRANCISCO: There will be an immediate meeting of the Social Services Committee in Room 332. And now --
ACTING PRESIDENT GRIFFO:An immediate meeting of the Social Services Committee in Room 332. And now?
(Laughter.)
SENATOR DeFRANCISCO: Would you please read the noncontroversial calendar.
ACTING PRESIDENT GRIFFO:We will begin with the noncontroversial reading of today's active list before the house.
The Secretary will read.
THE SECRETARY:Calendar Number 47, by Senator Golden, Senate Print 1073, an act to amend the Multiple Dwelling Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Can I have some order in the house, please.
The Secretary will call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I vote against this bill and urge any member from New York City to vote against this bill, because they should check with their district offices to learn what I hear almost every day in my district office, that the Department of Buildings in New York City is continuing to fail to watch out for the health and safety concerns of residents in buildings and next to where buildings are going up.
And the concept that we would allow an important review process to be skipped by waiving out of the obligation to go through the BSA in New York would be a serious mistake at this point in time.
Yes, we all desperately want to support construction and improvements in buildings and more housing, of course. But at this point in time the Department of Buildings cannot handle the volume of demands for permits and modifications that is coming through them. The right answer is not to skip part of the process. We need to ensure the community's right to insert itself into objections before too many bad things continue to happen.
I urge a no vote.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar 47, those recorded in the negative are Senators Avella, Espaillat, Hoylman, Krueger, Montgomery, Panepinto, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins. Also Senator Sampson.
Ayes, 47. Nays, 15.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 83, by Senator Flanagan, Senate Print 2142, 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 83, those recorded in the negative are Senators Avella, Carlucci, Espaillat, Hamilton, Hassell-Thompson, Kennedy, Montgomery, Panepinto, Perkins and Sanders.
Ayes, 52. Nays, 10.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 84, by Senator Flanagan, Senate Print 2143, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 130, by Senator LaValle, Senate Print 374, an act to amend the Village 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 DeFrancisco recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 214, by Senator Flanagan, Senate Print 3934 --
SENATOR DeFRANCISCO: Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 232, by Senator Flanagan, Senate Print 2090, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 247, substituted earlier by Member of the Assembly Abbate, Assembly Print Number 5290, 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, 61. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 276, by Senator Ranzenhofer, Senate Print 4139, an act to amend the Public Authorities 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 289, by Senator O'Mara, Senate Print 4242, 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.
SENATOR GIANARIS:Lay it aside, please.
ACTING PRESIDENT GRIFFO:The bill is laid.
THE SECRETARY:Calendar Number 296, by Senator Croci, Senate Print 3140, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 337, by Senator Golden, Senate Print 3948B, an act to amend the Retirement and Social Security 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 377, by Senator Martins, Senate Print 3177, an act to amend the General Business 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 377, those recorded in the negative are Senators Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins, Rivera, Sanders and Squadron.
Ayes, 53. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 425, by Senator Gallivan, Senate Print 2590A, an act to amend the Labor Law.
SENATOR LIBOUS:Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 465, by Senator --
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:If there's anybody in the chamber that serves on the Social Services Committee, you need to go to the committee meeting andiamo.
ACTING PRESIDENT GRIFFO:We have announced the committee meeting in Room 332 for Social Services. So if you did not hear the announcement, please proceed to that meeting.
SENATOR LIBOUS:It's the one word I learned in Italy, andiamo.
ACTING PRESIDENT GRIFFO:"Let's go."
The Secretary will continue.
THE SECRETARY:Calendar Number 465, by Senator Flanagan, Senate Print 2082, 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:Some order in the house, please.
The Secretary will announce the results.
THE SECRETARY:Ayes, 60. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 532, substituted earlier by Member of the Assembly Goldfeder, Assembly Print Number 7462A, 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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 554, substituted earlier by Member of the Assembly Abbate, Assembly Print Number 6978, an act to amend Chapter 929 of the Laws of 1986.
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 572, by Senator Griffo, Senate Print 2295, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 572, those recorded in the negative are Senators Espaillat, Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins, Rivera, Serrano, Squadron and Stavisky. Also Senator Comrie.
Ayes, 50. Nays, 12.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 580, by Senator Lanza, Senate Print 4505, an act to prohibit.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay it aside.
Calendar Number 601.
THE SECRETARY:Calendar Number 601, by Senator Flanagan, Senate Print 2146, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators Espaillat and Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 601: Ayes, 61. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is still passed.
THE SECRETARY:In relation to Calendar 601: Ayes, 60. Nays, 2. Senators Espaillat and Latimer recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill continues to be passed.
(Laughter.)
THE SECRETARY:Calendar Number 605, by Senator Little, Senate Print 1026, an act to amend the Town 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 605, those recorded in the negative are Senators Comrie, Gianaris, Hamilton, Hoylman, Krueger, Latimer, Panepinto, Peralta, Perkins, Rivera, Squadron, Stavisky and Stewart-Cousins. Also Senator Serrano.
Ayes, 48. Nays, 14.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 733, by Senator Flanagan, Senate Print 2588, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 741, by Senator Robach, Senate Print 5280 --
SENATOR GIANARIS:Lay it aside, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 746, by Senator DeFrancisco, Senate Print 4103, an act to amend the State Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 820, by Senator Flanagan, Senate Print 2836B, an act to establish.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 11. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I am actually going to vote yes on this bill, but I want to highlight that artificial cannabis or, excuse me, synthetic cannabinoid products have actually nothing to do with cannabis or what is more commonly known as marijuana.
And in fact I would argue if we removed actual cannabis and marijuana from the category of controlled substances, we would find fewer younger people making the stupid, stupid mistake of choosing to use these synthetic cannabinoids, which are extremely dangerous and should be discouraged in any way, shape or form.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 820, those recorded in the negative are Senators Díaz, Hassell-Thompson, Perkins and Serrano.
Ayes, 58. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 859, by Senator Little, Senate Print 1078, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 859, those recorded in the negative are Senators Avella, Breslin, Carlucci, Comrie, Espaillat, Gianaris, Hoylman, Krueger, LaValle, Murphy, Panepinto, Peralta, Perkins, Rivera, Serrano, Squadron and Stewart-Cousins.
Ayes, 45. Nays, 17.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 871, by Senator Dilan, Senate Print 1860, 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, 61. Nays, 1. Senator Díaz recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 936, by Senator Bonacic, Senate Print 5397, an act to amend Chapter 510 of the Laws of 2013.
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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 945, by Senator Flanagan, Senate Print 2059, 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, 60. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1020, by Senator Flanagan, Senate Print 2136, 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 Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1028, by Senator Serino, Senate Print 5545A, 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.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1031, by Senator Young, Senate Print 1982A, an act to amend the General Business 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 Savino recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1045, substituted earlier by Member of the Assembly Rosenthal, Assembly Print Number 6626, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1046, by Senator Robach, Senate Print 1963, an act to amend the Correction 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 1046, those recorded in the negative are Senators Comrie, Gianaris, Hassell-Thompson, Krueger, Montgomery, Perkins, Rivera and Squadron. Also Senator Hamilton.
Ayes, 53. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1057, by Senator Hannon, Senate Print 4324A, 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 Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President.
I wanted to thank Senator Hannon for championing this bill.
You know, meningitis, which this bill requires vaccination against this disease for seventh-graders and eighth-graders, is a bacterial infect that affects the brain and spine. And while it will may feel like the flu on the early onset, it can leave victims fighting for their lives in just a few hours.
Teenagers and students are often at risk, we hear about them in college dormitories and sports settings, but so are people living with HIV/AIDS. And according to the New York City Department of Health, more than half of all meningitis infections in the city occur among people living with HIV.
That's what happened to one of my constituents, a man named Kyle Spidle, who was HIV-positive and was healthy literally one day but lost his life the next. I met Kyle's fiance, who understands all too well that if Kyle had been vaccinated, as this bill provides, he'd still be alive today.
And I'm so grateful to organizations who have been fighting for this bill, including the Gay Men's Health Crisis, the world's first provider of HIV/AIDS prevention, for their advocacy.
So I'll be voting in the affirmative, Mr. President. Thank you again.
ACTING PRESIDENT GRIFFO:Senator Hoylman to be recorded in the affirmative.
Senator Hannon to be heard on the bill.
SENATOR HANNON:Yes, Mr. President, I just wanted to rise and commend an affirmative vote on this bill for everybody in the house.
This disease can strike anyplace, can strike anybody in a very surprising way. Very hard to detect. And with the passage of this, we can save lives.
We took a very cautious approach to this. People are wary about it. But I think the turning point for me came when in the course of a conversation a constituent, Patti Wukovitz, told me the story of her 17-year-old daughter who went to high school in our district and who, at 17, passed away from meningitis.
I think preventing that type of tragedy is what we want to do. And thank you.
ACTING PRESIDENT GRIFFO:Senator Hannon to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1057, those recorded in the negative are Senators Boyle, DeFrancisco, Griffo, Marchione, Murphy and Perkins.
Ayes, 56. Nays, 6.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1059, by Senator Hannon, Senate Print 4721A, 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, 61. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1086, by Senator O'Mara, Senate Print 5581, 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 30th 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 1092, by Senator Farley, Senate Print 2447C, 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, 61. Nays, 1. Senator Funke recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1097, by Senator Latimer, Senate Print 4551A, an act granting.
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 Croci recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1098, substituted earlier by Member of the Assembly Abbate, Assembly Print Number 7670, 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 1100, by Senator Carlucci, Senate Print 5343, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1115, by Senator Seward, Senate Print 5363, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. 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 1116, substituted earlier by Member of the Assembly Cahill, Assembly Print Number 7789, 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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1121, by Senator Lanza, Senate Print 4586, an act to amend the Election Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect January 1, 2016.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 2. Senators DeFrancisco and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1166, by Senator Lanza, Senate Print 3489, 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 1166, those recorded in the negative are Senators DeFrancisco, Montgomery and Perkins.
Ayes, 59. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1185, by Senator Ritchie, Senate Print 5256A, an act to amend the Agriculture and Markets 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 Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1187, by Senator Young, Senate Print 1369, 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:Announce the results.
THE SECRETARY:In relation to Calendar 1187, those recorded in the negative are Senators Avella, Breslin, Carlucci, Comrie, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Kennedy, Klein, Krueger, Latimer, LaValle, Panepinto, Peralta, Perkins, Rivera, Savino, Serrano, Squadron, Stavisky and Stewart-Cousins. Also Senator Dilan.
Ayes, 38. Nays, 24.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1189, by Senator Martins, Senate Print 4848, 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 LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:On page 34, Senator Martins moves to discharge, from the Committee on Rules, Assembly Bill Number 8045 and substitute it for the identical Senate Bill Number 4849, Third Reading Calendar 1190.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1190, by Member of the Assembly Otis, Assembly Print Number 8045, 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 LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1197, substituted earlier by Member of the Assembly Fahy, Assembly Print Number 7855, 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 LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1199, substituted earlier by Member of the Assembly Abinanti, Assembly Print Number 7860, 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 LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1200, substituted earlier by Member of the Assembly Titone, Assembly Print Number 8000, 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 LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1201, substituted earlier by Member of the Assembly Colton, Assembly Print Number 7975 --
ACTING PRESIDENT GRIFFO:The Secretary will reannounce the results.
THE SECRETARY:In relation to Calendar 1200, those recorded in the negative are Senators Croci and LaValle.
Ayes, 60. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1201, substituted earlier by Member of the Assembly Colton, Assembly Print Number 7975, 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 LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1218, by Senator Young, Senate Print 3076, 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1218, those recorded in the negative are Senators Comrie, Hamilton, Hoylman, Krueger, LaValle, Perkins, Rivera, Serrano and Stavisky. Also Senator Espaillat.
Ayes, 52. Nays, 10.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1249, by Senator Murphy, Senate Print 5429C, 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 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 1253, by Senator Funke, Senate Print 5568A, an act in relation to.
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, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1268, by Senator Griffo, Senate Print 2718, an act to amend the Workers' Compensation Law.
SENATOR LaVALLE: Lay that bill aside for the day.
ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.
THE SECRETARY:Calendar Number 1271, by Senator Flanagan, Senate Print 3206A, an act to amend the Education 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 1282, by Senator Funke, Senate Print 4745B, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect January 1, 2016.
ACTING PRESIDENT GRIFFO:Can I have some order in the house, please.
Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Funke to explain his vote.
SENATOR FUNKE:Thank you, Mr. President, for allowing me to explain my vote on this.
When I began, I got a call from a constituent, Joy Getnick, who reached out to voice her strong support for the Child Health Plus program while suggesting recommendations on how to improve it.
Joy explained to my staff a situation that both she and her friend came across while participating in Child Health Plus, and it was this. The two had enrolled their soon-to-be-newborns in Child Health Plus prior to the children being born. When they went to confirm their coverage, they were informed that the coverage didn't take effect until the first day of the following month, which left over a two-week gap in coverage.
Due to the language of the law, once enrolled, coverage could not take place until the first day of the month following the date of a presumed eligibility determination. So that created a coverage gap from the point of application that could extend up to 30 days.
Having no insurance coverage for a newborn is a pretty scary situation that no parent wants to face. So this bill corrects this dilemma by allowing families who sign up and are approved for Child Health Plus prior to or within 60 days of their child's birth to have coverage take effect the day the child is born.
This bill is an important piece of legislation that's going to benefit many middle-class families across our state. Hopefully parents of newborns will be able to sleep a little bit sounder at night, assuming a parent of a newborn sleeps at all. And I am proud to be sponsoring this bill, and I encourage my colleagues to vote in the affirmative.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Funke to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 62.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1286, substituted earlier by Member of the Assembly Lavine, Assembly Print Number 3563C, 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:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1294, by Senator Flanagan, Senate Print 2055, an act to amend the Penal Law.
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:Calendar Number 1295, by Senator Flanagan, Senate Print 2137, 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.)
ACTING PRESIDENT GRIFFO:We are on Calendar Number 1295. Those in the negative please raise your hand.
The Secretary will announce the results.
THE SECRETARY:In relation to Calendar 1295, those recorded in the negative are Senators Dilan, Hassell-Thompson, Hoylman, Krueger, Montgomery, Perkins and Rivera. Also Senator Squadron.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 55. Nays, 8.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1296, by Senator Flanagan, Senate Print 2138A, 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:In relation to Calendar 1296, those recorded in the negative are Senators Comrie, Hoylman, Montgomery, Perkins and Squadron.
Ayes, 58. Nays, 5.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1304, by Senator Serino, Senate Print 3696A, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. 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 Squadron to explain his vote.
SENATOR SQUADRON:I rise to explain my vote, Mr. President. Thank you.
This bill, as you note, has been amended, which I actually wanted to acknowledge. Some concerns were raised in the committee process -- actually, at two different committees over a number of years -- and the bill was amended. So I want to thank the sponsor as well as the chair of Codes for that.
And I'll be voting yes, in favor of the committee process and this bill.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1304, those recorded in the negative are Senators Hassell-Thompson, Montgomery, Parker and Perkins.
Ayes, 59. Nays, 4.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1312, by Senator Ortt, Senate Print 3661, an act to amend the Executive 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 1325, by Senator Ortt, Senate Print 5630A, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1407, by Senator Lanza, Senate Print 4657, an act to amend the Judiciary 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.)
ACTING PRESIDENT GRIFFO:Senator Hamilton to explain his vote.
SENATOR HAMILTON:I just wanted to thank Senator Lanza for this bill, S4657. Right now, many people do not know Kings County is the largest county in the State of New York. In 2008, there was a new judicial district that was created for Staten Island, which was the 13th Judicial District. However, at that point in time there were no additional Supreme Court seats that were allocated to Staten Island. And right now we have the most acting judges in the state due to the case workload in the court system in the County of Kings.
So I just want to thank the sponsor, Mr. Lanza, for this bill alleviating the backlog of many cases in Staten Island and in Kings County to make sure the people of those two boroughs have enough judges to help with the backlog of cases in those two counties.
And right now we'll have more judges in Staten Island who will get back to Kings County in Brooklyn, and I know those acting judges will be happy to know that there will new positions available for Civil Court judges in Brooklyn and for Civil Court judges in the Borough of Staten Island.
So I will be voting yes on this bill to alleviate the backlog of cases in those two counties, because it's the right thing to do to make sure justice is delivered fairly and quickly to all the residents of those two boroughs.
Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Hamilton will be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1438, by Senator Boyle, Senate Print 1628A, an act relating to making veterans organizations --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1465, by Senator Lanza, Senate Print 4615, 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 1485, by Senator Young, Senate Print 3438, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:It's 1485, Senator Rivera.
SENATOR GIANARIS:Lay it aside, please.
ACTING PRESIDENT GRIFFO:I think I've called the roll.
So we'll continue now with the roll. If anybody wants to --
SENATOR GIANARIS:Mr. President, the roll was called before I heard, and I intended to lay it aside.
ACTING PRESIDENT GRIFFO:All right. Without objection, the bill is laid aside.
THE SECRETARY:Calendar Number 1577, by Senator Valesky, Senate Print 5572, an act to amend the Workers' Compensation Law.
SENATOR VALESKY:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1628, by Senator Amedore, Senate Print 5421A, an act relating to.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
Senator LaValle, that completes the noncontroversial reading of today's active-list calendar.
Can we have some order in the house, please.
Senator LaValle.
SENATOR LaVALLE: Mr. President, can we go to Supplemental Calendar 55A, beginning with Calendar Number 1699.
ACTING PRESIDENT GRIFFO:We will now take up Senate Supplemental Calendar 55A. Senate Supplemental Calendar 55A is before the house, noncontroversial -- beginning with Calendar Number what, Senator LaValle?
SENATOR LaVALLE: Calendar 1699, by Senator Hoylman.
ACTING PRESIDENT GRIFFO:Calendar Number 1699.
The Secretary will read.
THE SECRETARY:Calendar Number 1699, by Senator Hoylman, Senate Print 110, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of November.
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 1700, Senator Espaillat moves to discharge, from the Committee on Finance, Assembly Bill Number 7229A and substitute it for the identical Senate Bill Number 305A, Third Reading Calendar 1700.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1700, by Member of the Assembly DenDekker, Assembly Print Number 7229A, 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 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:In relation to Calendar 1701, Senator Carlucci moves to discharge, from the Committee on Rules, Assembly Bill Number 836 and substitute it for the identical Senate Bill Number 633, Third Reading Calendar 1701.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1701, by Member of the Assembly Gunther, Assembly Print Number 836, an act to amend the Correction 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 1702, by Senator Peralta, Senate Print 1279, an act to amend the Banking 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1703, by Senator Seward, Senate Print 2357, an act to amend the Insurance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1703, those recorded in the negative are Senators Addabbo, Avella, Carlucci, Comrie, Dilan, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Kennedy, Krueger, Latimer, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Savino, Squadron, Stavisky and Stewart-Cousins. Also Senator Hamilton. Also Senator Serrano.
Ayes, 37. Nays, 26.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1704, by Senator Parker, Senate Print 2655, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Montgomery recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1705, by Senator Sanders, Senate Print 3265, an act to amend the Agriculture and Markets Law.
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. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1706, by Senator Sanders, Senate Print 3272, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1707, by Senator Parker, Senate Print 4185A, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1708, by Senator Avella, Senate Print 4686, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1708, those recorded in the negative are Senators Amedore, Bonacic, Gallivan, Griffo, Marchione, Nozzolio, Ortt and Seward. Also Senator Lanza. Also Senator Croci. Also Senator Marcellino.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar Number 1708, those recorded in the negative are Senators Amedore, Bonacic, Croci, DeFrancisco, Gallivan, Griffo, Lanza, Marcellino, Marchione, Martins, Murphy, Nozzolio, O'Mara, Ortt, Ritchie, Serino and Senator Seward. Also Senator Comrie.
Ayes, 45. Nays, 18.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Also Senator Larkin.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 46. Nays, 17.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1709, Senator Carlucci moves to discharge, from the Committee on Environmental Conservation, Assembly Bill Number 1345 and substitute it for the identical Senate Bill Number 4940, Third Reading Calendar 1709.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1709, by Member of the Assembly Mayer, Assembly Print Number 1345, an act relating to.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:It's getting loud in the chamber. Can we get some order, please.
Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1710, by Senator O'Mara, Senate Print 4989A, an act to amend Chapter 380 of the Laws of 2005.
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 1711, by Senator Klein, Senate Print 5365A, an act to amend the Public Housing 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:In relation to Calendar 1712, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7485 and substitute it for the identical Senate Bill Number 5391, Third Reading Calendar 1712.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1712, by Member of the Assembly Abbate, Assembly Print Number 7485, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1713, Senator Serino moves to discharge, from the Committee on Rules, Assembly Bill Number 7375 and substitute it for the identical Senate Bill Number 5446, Third Reading Calendar 1713.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1713, by Member of the Assembly Galef, Assembly Print Number 7375, 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:Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1714, by Senator Savino, Senate Print 5721A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 22. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Savino to explain her vote.
SENATOR SAVINO:Thank you, Mr. President.
Last year in the budget this house, joined by the Assembly and the Governor, decided to do something for seniors and the disabled in the City of New York when we increased the income eligibility for those who could apply for the Senior Citizen Rent Increase Exemption and the Disabled Rent Increase Exemption to an annual household income of $50,000. Prior to that, it had been $29,000. By that action we extended protection to thousands of more seniors and disabled in New York City.
That legislation that we adopted though, however, sunsets. And this legislation that we're taking up today will not only restore that eligibility, but it will make it permanent, providing permanent relief for seniors and the disabled who are living in rental units in the City of New York.
On top of that, we also took it a step further, because many of our seniors and disabled are also homeowners. They would not be eligible for that protection, so we're expanding the SHE and DHE program, which is the Senior Citizen Homeowner's Exemption and Disabled Homeowner's Exemption. It would provide a property tax exemption of up to 50 percent of the assessed property value for seniors or disabled residents who own one-, two- or three-family homes, condominiums or cooperative apartments, and who will be at least 65 years of age in the year that they apply.
We are also taking a step today to correct a mistake by the City of New York -- I know my colleague Senator Comrie is going to speak about it. He represents a constituent who faced a horror story recently.
So I want to thank all of my colleagues for supporting the first time and supporting the permanentization of this benefit, which really does make a real difference in the lives of seniors and the disabled.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Savino to be recorded in the affirmative.
Senator Comrie to explain his vote.
SENATOR COMRIE:Thank you, Mr. President. I want to vote aye on this.
I want to thank Senator Savino for following through and making sure that this would was done, and also to Assemblymembers Simanowitz and Cymbrowitz for their work in resolving this issue.
This bill will grandfather in anyone receiving the SCRIE or DRIE benefits, even if their rent doesn't meet one-third of the ratio stated in the requirements of the program. This bill will help senior citizens and those with disabilities that have penalized due to an agency error or that have received their benefits by being grandfathered in the program.
I want to thank Borough President Katz's office, Anne Marie Boranian. I have a 103-year-old man in my district, and he's 103, but due to the fact that he got a one-time lump sum benefit, he was going to be bounced out of the program, Mr. Julius Diamond.
They brought this to our office, and from working on this case and finding out that there were many other people that were involved in the same situation, I was able to speak to it and I had put in a bill. And from researching the issue, I found out that Senator Savino put in an omnibus bill. And I want to thank her for getting that done.
And I urge my colleagues to vote aye on this, Mr. President. Thank you.
ACTING PRESIDENT GRIFFO: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 1715, by Senator Lanza, Senate Print 5723A, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1716, Senator Griffo moves to discharge, from the Committee on Education, Assembly Bill 7754A and substitute it for the identical Senate Bill Number 5793, Third Reading Calendar 1716.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1716, by Member of the Assembly Brindisi, Assembly Print Number 7754A, an act to amend the Education 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:In relation to Calendar 1717, Senator Venditto moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 7156 and substitute it for the identical Senate Bill Number 5800, Third Reading Calendar 1717.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1717, by Member of the Assembly Kaminsky, Assembly Print Number 7156, 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.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1718, Senator Marchione moves to discharge, from the Committee on Agriculture Assembly Bill Number 7873 and substitute it for the identical Senate Bill Number 5806, Third Reading Calendar 1718.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1718, by Member of the Assembly Woerner, Assembly Print Number 7873, an act to establish.
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 Little recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1719, by Senator Serino, Senate Print 5812A --
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:In relation to Calendar 1720, Senator Serino moves to discharge, from the Committee on Rules, Assembly Bill Number 8047 and substitute it for the identical Senate Bill Number 5820, Third Reading Calendar 1720.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1720, by Member of the Assembly Skartados, Assembly Print Number 8047, an act to amend Chapter 524 of the Laws of 1987.
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 1721, by Senator Hannon, Senate Print 5828, 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:Calendar Number 1722, by Senator Skelos, Senate Print 5830, 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, 61. Nays, 2. Senators Bonacic and Larkin recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1723, by Senator Felder, Senate Print 5834, 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, 60. Nays, 3. Senators Bonacic, Krueger and Larkin recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1724, by Senator Boyle, Senate Print 5844, 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 1725, by Senator Marchione, Senate Print 5845, 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.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1726, by Senator Golden, Senate Print 5849, 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 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1726, those recorded in the negative are Senators Montgomery, Perkins and Sanders.
Ayes, 60. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1727, by Senator Golden, Senate Print 5850, 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 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Perkins and Sanders recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Numbers 1728 and 1729 are both high and will be laid aside.
We'll now move to Calendar Number 1730.
THE SECRETARY:In relation to Calendar 1730, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7595 and substitute it for the identical Senate Bill Number 5860, Third Reading Calendar 1730.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1730, by Member of the Assembly Schimminger, Assembly Print Number 7595, an act to amend Chapter 413 of the Laws of 2003.
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 1731, Senator Ritchie moves to discharge, from the Committee on Local Government, Assembly Bill Number 5651A and substitute it for the identical Senate Bill Number 5861, Third Reading Calendar 1731.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1731, by Member of the Assembly Russell, Assembly Print Number 5651A, 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 1732, by Senator Libous, Senate Print 5864, 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 5. 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 1733, by Senator Seward, Senate Print 5866, an act to amend the State 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 1734, by Senator Marchione, Senate Print 5867, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th 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 1735, by Senator Ranzenhofer, Senate Print 5870, an act to amend the Not-for-Profit Corporation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 14. 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 1736, Senator Kennedy moves to discharge, from the Committee on Rules, Assembly Bill Number 7823 and substitute it for the identical Senate Bill Number 5874, Third Reading Calendar 1736.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1736, by Member of the Assembly Peoples-Stokes, Assembly Print Number 7823, an act to amend Chapter 595 of the Laws of 2007.
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 1737, by Senator Nozzolio, Senate Print 5875A, an act to amend the Criminal Procedure Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 11. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Perkins to explain his vote.
SENATOR PERKINS:Yeah, I rise today in honor of the Central Park Five -- Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana and Korey Wise -- who were victims of a pervasive and cynical form of police brutality and injustice which subsequently led to their false confessions and unjust conviction.
Their confessions were taped, but violative and unethical interrogations were performed in the dark.
I'm afraid this bill keeps us in the dark. The bill only requires videotaping of interrogations to occur at that point that a suspect is, quote, in custody, not in that period of darkness where chicanery and coercion occurs, between the time a person is arrested and they are eventually formally placed in custody.
Hours can pass between the two, and individuals can be worked over by law enforcement and led into traps, none of which would be required to be documented or videoed by this bill. These hours can turn into years behind bars, as they have for so many, including the Central Park 5.
With respect to the Central Park 5, the community fought to clear their names. The community waged a battle for true and enduring justice for over 25 years. And in 2014, the Central Park 5 finally got paid. It was about time.
However, the real payday for our state is the days that innocent individuals do not have to be recompensed at all because they are never placed behind bars erroneously in the final and first instance.
Getting paid is not justice. Justice is a videotaped interrogation bill that starts the recording from the time of arrest. Justice is legislation that covers all felonies and adds a concrete and absolute presumption that nonvideotaped confessions would be inadmissible.
This has been a truly personal battle for our community and the whole community of justice seekers, one that has gone unabated for the last quarter-century since that day that our neighbors and friends from Harlem, the Central Park 5, were railroaded into offering coerced confessions and thrown unjustifiably into jail while a serial rapist, Matias Reyes, was left free to prowl our streets.
Justice is a marathon, not a shortcut. And until we have the strongest bill possible before us, one that commences recording from the first moment of police interaction, covers all felonies, and makes all nonvideotaped confessions inadmissible, I will be voting no in honor of my brothers Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana, and Korey Wise and so many others who are wrongfully imprisoned.
ACTING PRESIDENT GRIFFO:Senator Perkins to be recorded in the negative.
Senator Nozzolio to explain his vote.
SENATOR NOZZOLIO:Thank you, Mr. President.
Mr. President, I'm very proud to proffer this legislation, which has taken years to achieve a culmination of work on behalf of parties that are very important in the entire criminal justice system, including the Innocence Project, which in effect was the catalyst in ensuring that the proper identifications are placed with the appropriate identifying tools at the disposal of both those who may be accused of a crime as well as those who have been victimized by the crime.
That I respect certainly the comments of my colleague in opposition to this measure but do not understand and frankly ask him to relook at this measure because of the elements that were placed that I believe are very important components in achieving justice, achieving balance, and achieving fairness in our criminal justice system.
I vote aye, Mr. President, and encourage my colleagues to do likewise.
ACTING PRESIDENT GRIFFO:Senator Nozzolio to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1737, those recorded in the negative are Senators Hamilton, Hassell-Thompson, Montgomery, and Perkins. Also Senator Comrie. Also Senator Parker.
Ayes, 57. Nays, 6.
ACTING PRESIDENT GRIFFO:The bill is passed.
The Secretary will continue.
THE SECRETARY:In relation to Calendar 1738, Senator Murphy moves to discharge, from the Committee on Rules, Assembly Bill Number 5150B and substitute it for the identical Senate Bill Number 5876, Third Reading Calendar 1738.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1738, by Member of the Assembly Buchwald, Assembly Print 5150B, an act relating to.
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 1739, by Senator Hannon, Senate Print 5878, 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:Calendar Number 1740, by Senator Breslin, Senate Print 5879, an act 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, 62. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1741, by Senator Martins, Senate Print 5880, 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 1742, by Senator Ortt, Senate Print 5888, an act to amend the Penal 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, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1743 is high and will be laid aside.
The Secretary will move on to Calendar Number 1744.
THE SECRETARY:In relation to Calendar 1744, Senator Bonacic moves to discharge, from the Committee on Judiciary, Assembly Bill Number 6079 and substitute it for the identical Senate Bill Number 5899, Third Reading Calendar 1744.
ACTING PRESIDENT GRIFFO:The substitution is so ordered. The Secretary will read.
THE SECRETARY:Calendar Number 1744, by Member of the Assembly Simon, Assembly Print Number 6079, 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 1745, by Senator Hannon, Senate Print 5907, an act to amend the Public Health 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1746, Senator Seward moves to discharge, from the Committee on Rules, Assembly Bill Number 8099 and substitute it for the identical Senate Bill Number 5911, Third Reading Calendar 1746.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1746, by Member of the Assembly Cahill, Assembly Print Number 8099, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1747, by Senator Breslin, Senate Print 5912, an act 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, 62. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1748, by Senator LaValle, Senate Print 5913, an act to amend Chapter 387 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 1749, by Senator LaValle, Senate Print 5922, an act in relation to.
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 1750, Senator Seward moves to discharge, from the Committee on Rules, Assembly Bill Number 7725C and substitute it for the identical Senate Bill Number 5925A, Third Reading Calendar 1750.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1750, by Member of the Assembly Stirpe, Assembly Print Number 7725C, 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1752, by Senator Venditto, Senate Print 5929, 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, 62. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1753, Senator Savino moves to discharge, from the Committee on Mental Health and Developmental Disabilities, Assembly Bill Number 3404 and substitute it for the identical Senate Bill Number 5932, Third Reading Calendar 1753.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1753, by Member of the Assembly Titone, Assembly Print Number 3404, an act relating to.
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 1754, by Senator Larkin, Senate Print 5937, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall 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 1755, by Senator Little, Senate Print 5938, an act in relation to.
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 Little to explain her vote.
SENATOR LITTLE:Thank you, Mr. President.
I'd like to thank my colleagues for their support of this bill.
This bill was necessary, unfortunately, because of the prison escape that took place in my district on June 6th. And we are in the 12th day, as we know.
And because of that, the neighboring school near the prison, Saranac Central School, had to close on June 11th and 12th as closure of the road took place and there was certainly a gigantic search taking place. Therefore, they would not have met their 180 days. So we appreciate your support of this bill in helping that school so that they do not lose their state aid.
And as long as I'm standing, I also would like to recognize all of the law enforcement people who are in my district trying to find these two escapees. And let's all hope and pray that they do find them and that no one is hurt when they do.
So thank you very much for your support for this.
ACTING PRESIDENT GRIFFO:Senator Little to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:We are going to continue the calendar. But at the request of the Lieutenant Governor, there will be a change very shortly at the podium.
SENATOR LIBOUS:In the meantime, Mr. President, I would like to go back to motions, if we may.
ACTING PRESIDENT GRIFFO:Before we do that, can we continue the final few bills here on the calendar?
SENATOR LIBOUS:If you'd like to do that, sir, I would --
ACTING PRESIDENT GRIFFO:Okay, we will do that. We'll go to Calendar Number 1756, read that. We have two bills here.
THE SECRETARY:Calendar Number 1756, by Senator Hannon, Senate Print 5939, 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 same date and in the same manner as a chapter of the Laws of 2015.
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 1757, Senator Ortt moves to discharge, from the Committee on Rules, Assembly Bill Number 7735A and substitute it for the identical Senate Bill 5942, Third Reading Calendar 1757.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1757, by Member of the Assembly Hawley, Assembly Print Number 7735A, an act creating.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:The Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Yes, sir, Mr. President. May we return to motions.
ACTING PRESIDENT GRIFFO:We will return to motions and resolutions.
SENATOR LIBOUS:I have a novel here to read, Mr. President.
On behalf of Senator Martins, I wish to call up Senate Bill 4848, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 1189, by Senator Martins, Senate Print 4848, an act to amend the Environmental Conservation Law.
SENATOR LIBOUS:Mr. President, I now move to reconsider the vote by which this bill was passed and --
ACTING PRESIDENT GRIFFO:Call the roll on --
SENATOR LIBOUS:Not done. I'm not done.
-- and ask that the bill be restored to the order of third reading.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill shall be restored to the order of third reading.
SENATOR LIBOUS:Mr. President, I now move to discharge, from the Committee on Environmental Conservation, Assembly Print Number 7861 and substitute it for this identical bill.
ACTING PRESIDENT GRIFFO:So ordered.
SENATOR LIBOUS:Mr. President, it now says that the Senate vote on first passage was 62 to 1; Senator LaValle voted no.
And I now move that the substituted Assembly bill have its third reading at this time.
ACTING PRESIDENT GRIFFO:The Secretary will read.
SENATOR LIBOUS:I told you it was a novel.
THE SECRETARY:Calendar Number 1189, by Member of the Assembly Zebrowski, Assembly Print 7861, 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, 62. Nays, 1. Senator LaValle recorded in the negative.
ACTING PRESIDENT GRIFFO:And the bill is passed.
With the chamber's indulgence --
SENATOR LIBOUS:Mr. President, we'll -- we'll pause here. We're not in recess, we're in pause.
ACTING PRESIDENT GRIFFO:We're in pause.
(Pause.)
THE PRESIDENT:The Secretary will read.
THE SECRETARY:Calendar Number 1758, by Senator Ortt, Senate Print 5943, an act to amend the Insurance Law.
THE PRESIDENT:Read the last section.
THE SECRETARY:Section 4. This act shall take effect January 1, 2016.
THE PRESIDENT:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
THE PRESIDENT:The bill is passed.
THE SECRETARY:Calendar Number 1759, by Senator Marchione, Senate Print 5947, an act to amend the Penal Law.
THE PRESIDENT:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the 90th day.
THE PRESIDENT:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Perkins recorded in the negative.
THE PRESIDENT:Senator Marchione, why do you rise?
SENATOR MARCHIONE:I want to explain my vote.
THE PRESIDENT:Senator.
SENATOR MARCHIONE:The purpose of this legislation was to enhance the penalties for someone who renders assistance to a person who has submitted the crime of hindering prosecution or of conspiring to do so.
The problem was that this bill was written in response to the indication that Richard Matt and David Sweat, two convicted murderers serving life sentences and 25 years to life respectively, received assistance in their recent escape from Clinton Correctional Facility.
Under current law, the penalty in New York State for helping an inmate escape prison who has committed an A felony, the most serious felony offense, is a D felony, which carries an indeterminate sentence of only two and a half to seven years.
This solution, this bill, will raise the penalty for this crime to a Class B felony, which carries a sentence of 8.5 to 25 years. And I think it will serve as a deterrent to any misguided person who would try to help criminals escape from prison.
Thank you.
THE PRESIDENT:Senator Marchione will be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 61. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
THE PRESIDENT:The bill is passed.
THE SECRETARY:Calendar Number 1760, by Senator Marchione, Senate Print 5948, an act to amend the Environmental Conservation Law.
THE PRESIDENT:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
THE PRESIDENT:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
THE PRESIDENT:The bill is passed.
THE SECRETARY:Calendar Number 1761, by Senator LaValle, Senate Print 5965, an act to amend the Education Law.
THE PRESIDENT:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
THE PRESIDENT:Call the roll.
(The Secretary called the roll.)
THE PRESIDENT:Senator LaValle to explain your vote.
SENATOR LaVALLE: I rise to explain my vote, Madam President.
This is the campus sexual assault legislation that has been one year in the making. And I want to just compliment the staff who has worked for this one-year period of time: Beth Garvey, our counsel; Nicole Stewart; Dave Thoman, from Finance, and Franklin Esson.
For me, this started way back in the 1980s with date rape legislation that became law. And today is a -- to have you here, Madam President, is just wonderful, passing this historic legislation. The Governor, our Governor, has invested a lot of time and effort on it as partner.
But we started a year ago, myself and Senator Toby Stavisky, with a roundtable. And then we did a report and the members of the Higher Ed Committee weighed in, made comments along the way. And certainly our conference has made comments.
This legislation will change the culture on our college campuses, will change the culture. The codes of conduct that exist will be strengthened, there will be student bill Of Rights that will be included in the codes of conduct, and we will do a lot of education and a lot of student involvement.
The moment that student hits the campus, they will be educated as to what is sexual misconduct. The campuses will engage in really understanding what goes on on their campuses.
And you know, sometimes when we as legislators invest time in the legislation, when I was reading it the other night I actually got excited about the campus's role in engaging students and student leaders to identify where there's binge drinking and where there are drugs and other kinds of things.
So I think that this legislation will make really a great difference in the lives of students.
We spent a lot of time ensuring that the victim and the respondent's rights were protected, that the processes were confidential, private, and that the process, the campus process, was a quick process, not lingering on.
The most difficult job during development of this legislation was what is affirmative consent. That's the whole nucleus as to what we're dealing with here. And so we wanted to make sure that affirmative consent was defined in a clear, concise, comprehensive way and expects college students to conduct themselves in a mutually respectful and communicative manner.
So, Madam President, I want to thank you for your role that you have played in the state, trying to communicate with people and telling them the importance on behalf of yourself and of course the Governor and we in the Legislature who feel this is very important.
I vote yes.
THE PRESIDENT:Thank you, Senator. Senator LaValle will be recorded in the affirmative.
Senator Bonacic to explain his vote.
SENATOR BONACIC:Thank you, Madam President.
First of all, to the Governor, to you, Lieutenant Governor, and Senator LaValle, who's worked very hard on this legislation -- and I think one of the great benefits of this legislation is now there will be a procedure in place which all the universities have to follow in the State of New York.
What we have found is different universities act in different ways when a similar set of circumstances are before them. And some of the outcomes are I'll say outrageous, or they're not consistent.
So this is a very positive thing. And I want to thank, again, Senator LaValle's work in bringing more due process to the protection of the accused, which I think is extremely important.
I vote yes. Thank you very much.
THE PRESIDENT:Senator Bonacic will be recorded in the affirmative.
Announce the result.
THE SECRETARY:Ayes, 63.
THE PRESIDENT:The bill is passed.
THE SECRETARY:Calendar Number 1762, by Senator Hannon, Senate Print 5968, an act to direct.
THE PRESIDENT:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
THE PRESIDENT:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
THE PRESIDENT:The bill is passed.
THE SECRETARY:Calendar Number 1763, by Senator Young, Senate Print 5971, an act to amend the Real Property Tax Law.
SENATOR GIANARIS:Lay it aside.
THE PRESIDENT:The bill is laid aside.
THE SECRETARY:Calendar Number 1764, by Senator Seward, Senate Print 5972, an act to amend the Insurance Law.
THE PRESIDENT:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the first of January.
THE PRESIDENT:Call the roll.
(The Secretary called the roll.)
THE PRESIDENT:Senator Seward to explain his vote.
SENATOR SEWARD:Yes, thank you, Madam President.
You know, earlier this session Senator Hannon, Senator Krueger and I each introduced differing versions of this legislation that provides health insurance coverage for pregnant women. And I'm very pleased to say that this legislation before us has combined all of our efforts, and we have come together to cosponsor this measure that is before us.
This legislation allows a pregnant woman, upon the certification of their healthcare provider, to enroll in any healthcare plan at any time regardless of the open enrollment period on the health insurance exchange or any other restriction in seeking coverage in health plans off the exchange.
There's no question that prenatal care, good prenatal care is very, very important in terms of health benefits for both the pregnant woman and the newborn child. And the potential long-term cost savings to the state's healthcare system is also as a result of this legislation.
So health risks to infants and pregnant women can be mitigated by good preventive care during the pregnancy. This bill promotes the health and well-being of pregnant women and their newborns and, in doing so, such coverage offers preventive care which can provide the long-term cost savings to the state's health system. So this is a win/win piece of legislation.
I vote aye.
THE PRESIDENT:Senator Seward will be recorded in the affirmative.
Senator Krueger, you rise to explain your vote?
SENATOR KRUEGER:Thank you, Madam President. Nice to see you here with us.
I stand to support the bill, to thank Senator Seward and Senator Hannon for all their work together with me and groups around the state who wanted to make sure that New York State could be the first state in the nation that recognized that when a woman becomes pregnant, which is not always planned, but wanted nonetheless, that we should make sure they can go and get insurance immediately.
As Senator Seward says, this will ensure women can get the prenatal care they need, it will decrease the chance of not being able to bring a full-term healthy baby into the world, and also increase the likelihood that they get the healthcare they need. Because unfortunately there are illnesses that are associated with pregnancy for women, illnesses that when caught early and treated not only can be easy to resolve but protect the mother and the child from continuous, long-term health issues for the rest of their lives.
So we're doing a very good thing here today in New York State, and I'm sure the Governor will want to sign this bill immediately.
I vote yes. Thank you.
THE PRESIDENT:Thank you. Senator Krueger will be recorded in the affirmative.
Announce the result.
THE SECRETARY:Ayes, 63.
THE PRESIDENT:The bill is passed.
THE SECRETARY:Calendar Number 1765, by Senator Flanagan, Senate Print 5973, an act to amend Chapter 91 of the Laws of 2002.
SENATOR GIANARIS:Lay it aside.
THE PRESIDENT:The bill is laid aside.
Senator Libous, that completes the noncontroversial reading of the supplemental calendar.
(Pause.)
SENATOR LIBOUS:Madam President -- Mr. President, how are you today?
ACTING PRESIDENT MARTINS:I'm doing well, thank you, Senator. You're looking well.
SENATOR LIBOUS:Thank you, sir. I'm feeling well.
Mr. President, we want to go to the active list for Wednesday, June 17th. And I believe, if we go to Calendar Number 1438, by Senator Boyle, he would be prepared to debate whoever has any questions on that bill. So we'd like to take it up at this time, please.
ACTING PRESIDENT MARTINS:Thank you, Senator Libous.
The Secretary will ring the bell.
Senate Bill 1628A, by Senator Boyle. The Secretary will read.
THE SECRETARY:Calendar Number 1438, by Senator Boyle, Senate Print 1628A, an act relating to.
SENATOR KRUEGER:Hello.
ACTING PRESIDENT MARTINS:Senator Krueger.
SENATOR KRUEGER:Thank you. I actually don't need an explanation, thank you, Mr. President. But I would like the sponsor to yield, please.
ACTING PRESIDENT MARTINS:Would the sponsor yield?
SENATOR BOYLE:I'd be happy to yield.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR KRUEGER:Thank you.
So this is a bill that would include, in the definition of entities who could receive capital projects money in the New York State budget, organizations defined as veterans organizations. So could the sponsor please define what he means by veteran organizations in his bill?
SENATOR BOYLE:Certainly.
Through you, Mr. President, a veterans organization is defined in the United States Code, 38 U.S. Code 5902, recognition of representative organizations, and also in the Code of Federal Regulations from the Department of Veterans Affairs, Section 14.628, recognition of organizations.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR BOYLE:I will.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR KRUEGER:So the existing state law already allows not-for-profit corporations to be eligible for capital funds. What is different about the definition of veterans organizations from organizations that would already be included as not-for-profit organizations under our law?
SENATOR BOYLE:Through you, Mr. President, these are not incorporated not-for-profit organizations.
SENATOR KRUEGER:I'm sorry, Mr. President, I could not hear the answer.
SENATOR BOYLE:They're not incorporated organizations.
ACTING PRESIDENT MARTINS:Can we please have some order in the house.
Senator Boyle.
SENATOR BOYLE:They are not incorporated organizations. They're not-for-profits, not incorporated.
SENATOR KRUEGER:I'm sorry. Through you, Mr. President. So the sponsor says they're not incorporated as not-for-profit organizations, is that correct?
SENATOR BOYLE:Some are not. But they're all recognized by the federal government through the U.S. Code.
SENATOR KRUEGER:Through you, Mr. President, could the sponsor -- you know, I wonder, my light is not on. Is my -- this is on? Okay, thank you. It's on.
ACTING PRESIDENT MARTINS:It is on.
Senator Boyle, do you continue to yield?
SENATOR BOYLE:Yes.
SENATOR KRUEGER:Thank you.
So does the federal definition that was cited include organizations that they have somehow licensed or given formal approval to through an application process?
SENATOR BOYLE:They're congressionally recognized.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
SENATOR BOYLE:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR KRUEGER:So not-for-profit organizations are congressionally recognized, they're in statute, there's 501(c)(3) status from the IRS as a not-for-profit organization. There is a New York State charitable institution registration through the Attorney General's office to be recognized as a nonprofit recognized under federal statute and approved by the state in New York.
Would these organizations have to meet an equivalent criteria?
SENATOR BOYLE:Yes, by Congress. A similar process.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR BOYLE:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR KRUEGER:So Congress I doubt is each day naming organizations, so I just want to clarify. They would have to be named individually by Congress in some bill or resolution on the floor of Congress?
SENATOR BOYLE:They're named in the CFR pursuant to statute.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would yield, please.
SENATOR BOYLE:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR KRUEGER:So there is a statute recognizing you as a some kind of veterans organization, and then you make an application to whom to get confirmation you are meeting that standard?
SENATOR BOYLE:It's the State of New York who's going to determine who gets these funds, so it's their determination about which one.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR BOYLE:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR KRUEGER:Where in the bill does it say the State of New York will have to license or approve them? And how will the State of New York do that, through what division of state government?
SENATOR BOYLE:Through you, Mr. President. The State of New York is not licensing these, they're just approving the funds being sent to these organizations.
SENATOR KRUEGER:On the bill, Mr. President.
ACTING PRESIDENT MARTINS:Senator Krueger on the bill.
SENATOR KRUEGER:I'm not necessarily opposed to organizations serving veterans being eligible, like other not-for-profit entities receiving state money. My concern is that simply naming yourself with the term "veteran" in it does not guarantee anyone that you meet any level of standards. And in fact, there have been issues raised recently about organizations -- and again, maybe some are good, some are not -- who make cold calls to people, do mailings to people saying "I am fill-in-the-blank veterans organization, please send me money so I can help our troops, our veterans."
This pattern has actually been -- is an outgrowth of a problem we have seen in New York State and even passed laws to protect against, where organizations put the name "Police" or "Fire" in their name and then do mailings, cold calls, solicitations for money. And yet they have no affiliation with police or fire or the State of New York. And again, we have actually passed laws outlawing them from being able to raise money this way.
So my concern with this bill is it's too broad in simply defining somebody as a veterans organization and therefore allowing them to receive state capital monies. According to the Urban Institute, more than 7800 nonprofit groups have actually registered with the federal government to care for troops, veterans and their families.
Now, in this bill you don't actually even have to register per se with the federal government or the IRS 501(c)(3) status. And we know there are at least 7800 who have.
So my concern is that -- and I don't believe the sponsor intended the bill to do this -- that it opens New York State up to the possibility that we would be giving somehow our blessing to groups that haven't met standard requirements of a charitable institution in the State of New York meeting specific standards that thousands of other organizations have to meet as nonprofit organizations.
So I think that if the sponsor were to fine-tune the definitions in this bill, I could support it. But I cannot support something so broadly termed, because I feel that we're potentially walking ourself into, next year or the year after, scandal.
So again, no disrespect to veterans organizations and the amazing work so many of them are doing throughout our state, and recognizing how much they are needed now that our veteran population and our disabled veteran population continues to grow. But you have to be careful here, because there are plenty of people out there who view them as just one more place to take advantage of an opportunity.
I vote no, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Krueger. Are there any other Senators who wish to be heard?
Senator Croci.
SENATOR CROCI:Thank you, Mr. President.
I'd like to compliment first Senator Boyle on this important legislation, very important to veterans groups.
I share Senator Krueger's concern that there are a lot of charities that pose to do good things for veterans but in fact they do not. And that has been a problem in the United States particularly in the last 14 years.
However, the veterans groups that we're talking about here are already recognized in the Federal Register and would have to additionally apply to the state and be certified by the state in their application for these capital monies. We're talking about organizations like the Veterans of Foreign Wars, the American Legion, the Marine Corps League, and the American Veterans Association, the more recent one.
So for those of you who are not familiar with Long Island, I'll give you an example of what this means to our community. Between the towering grandeur of Manhattan and the sprawling splendor of the Hamptons, there is a great expanse of land, Long Island, the communities that we come from, where veterans came back from the Second World War and built those communities. Some mortgaged their own homes to build these veterans halls.
They're not only a place where veterans come together to meet and to do their charitable works for the community, but they are places where people can afford to rent to have their christening, to have their bar mitzvah, to have a graduation party. People who don't have a lot of money, working-class families, these veterans institutions are centers of the community where people can come in an affordable way and have a place to go. So they serve the community in so many ways.
I'm very proud that Senator Boyle has done this, specifically because in some of our shared areas, like Brentwood and Central Islip, where these veterans posts are falling apart, this gives them the opportunity to apply for capital funding to keep these institutions going for another generation of veterans who are returning home and want these pillars of the community to remain part of the community.
So I thank the Senator. I thank my colleagues. I'd ask you to think of what it means in your own communities where you have these organizations, what those posts mean to your residents. And I would urge on a aye vote.
I vote aye.
ACTING PRESIDENT MARTINS:Thank you, Senator Croci.
Any other member wishing to be heard?
Seeing none, the debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARTINS:Senator Boyle to explain his vote.
SENATOR BOYLE:Mr. President, thank you.
I urge my colleagues to support this piece of legislation. I want to thank my colleague Senator Croci for his leadership in joining me with this legislation, and all the cosponsors and all the members.
Many of you know in years past we had the member item program where we might be able to give a veterans organization, American Legion or VFW or other posts in our districts, a little bit of money to help for a small hole in their parking lot or something like that. Well, with the demise of the member item program years ago, those holes have gotten much larger.
And I can tell you, as Senator Croci said, we have VFW and American Legion posts in our districts -- and I'm sure you have them in yours, and I urge you to visit them if you haven't been there -- where they have holes in the roofs, rain is coming through and getting on electrical outlets. True health issues. We have elderly veterans who can no longer get to their post because they don't have a ramp. Kitchens where they just prepare a little meal for the monthly meeting or for some services or programs that are being held there, and they can't -- they don't work, they haven't worked in a couple of years.
This legislation will enable us to direct some of the funds that we have towards helping these organizations. These men and women have put their life on the line and answered the call of their country. The least we can do is make sure that when they come back, they have posts and veterans organizations that can help them, perhaps suffering from posttraumatic stress disorder or other things, other programs.
Please, I urge all my colleagues to vote in the affirmative, as will I.
Thank you, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Boyle.
Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Krueger recorded in the negative.
ACTING PRESIDENT MARTINS:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, would you call up Senate 289, please.
ACTING PRESIDENT MARTINS:The Secretary will read.
THE SECRETARY:Calendar Number 289, by Senator O'Mara, Senate Print 4242, an act to amend the Environmental Conservation Law.
SENATOR HOYLMAN:Explanation, please.
ACTING PRESIDENT MARTINS:An explanation has been requested by Senator Hoylman, Senator O'Mara.
SENATOR O'MARA:Thank you, Mr. President.
This bill deals with the intrastate transportation of liquefied natural gas, otherwise known as LNG. Last year the Department of Environmental Conservation finally promulgated rules and regulations with regard to the storage of liquefied natural gas in the State of New York.
Currently, interstate transportation of LNG is covered by the federal government under their rules and regulations, and this legislation would treat the intrastate transportation of LNG the same as interstate is according to the federal rules.
It removes the requirement that the Department of Transportation conduct extensive studies along the routes, the transportation routes before they can be utilized for intrastate transportation.
This will require anyone shipping intrastate LNG to comply with all federal rules and regulations and to have a hazardous material safety permit issued by the federal Motor Carrier Safety Administration.
ACTING PRESIDENT MARTINS:Thank you, Senator O'Mara.
Senator Hoylman.
SENATOR HOYLMAN:Would the sponsor yield to a few questions?
SENATOR O'MARA:Yes, I will.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Through you, Mr. President.
Is it correct that the bill would remove intrastate transportation of liquefied natural and petroleum gas in its cryogenic state, the requirement that those be along established routes? Is that correct?
SENATOR O'MARA:It would be to follow what the federal rules are as far as the shipping of liquefied natural gas and not require the State Department of Transportation to do their own studies in regards to those routes.
SENATOR HOYLMAN:Will the sponsor continue to yield.
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:And is it correct that no longer would the Department of Transportation, in consultation with the Department of Environmental Conservation, establish criteria for the safe transportation of liquefied natural and petroleum gas?
SENATOR O'MARA:It would be handled in the manner under federal rules and regulations as is done in the 49 other states of the United States of America, since we were the last state in the country to allow the storage of liquefied natural gas.
Now, currently shippers of LNG crossing state lines can follow these routes across New York State. Now with the storage that's allowed in these facilities, based on DEC's actions last year, they can offload that LNG into a storage facility, or they can get loaded in a storage facility and drive out of state. They just can't drive from Point A to Point B within the state.
Now, if you're in -- as ridiculous as this is, if you're in an area of the state that's close to a state border, such as my district, you can actually load it on a truck in a facility, drive across the state line, drive back into New York State and drop it off somewhere else in New York State. With going very little out of your way, actually. Actually, the way that I drive here from Elmira, New York, to the Capitol, the interstate actually goes into Pennsylvania. And that would make that an interstate shipment in a case like that.
So this still requires all of the federal rules and regulations to be covered by this and treat the intrastate shipment just the way any motor carrier can travel across our state with it.
SENATOR HOYLMAN:Through you, Mr. President, would the sponsor continue to yield?
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR O'MARA:Yes.
SENATOR HOYLMAN:Through you, Mr. President, is it true that the bill would eliminate criteria that take into consideration the proximity of these routes to contiguous populations, the capability of municipal fire departments to protect communities and departments to protect communities and contiguous populations against fire cloud damage attendant upon vapor release of the gas from its cryogenic state due to accident or malfunction of equipment and the risk of further accident related to thereto?
SENATOR O'MARA:It does remove that requirement of state law for DOT to promulgate those rules and regulations.
That legislation I believe was enacted in 1973, and DOT still has not promulgated rules and regulations. And they say they have no intention of doing so, it would be too burdensome, too expensive, and duplicative of what federal requirements already are in establishing routes for the transportation of LNG in interstate commerce.
SENATOR HOYLMAN:Would the sponsor continue to yield?
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Thank you.
Does the sponsor have such faith in our federal government that they know New York's roadways better than the State of New York?
SENATOR O'MARA:I do. And I also know that New York State is ranked fiftieth in business climate for very solid reasons, one of which being that we preclude types of business activities that the other 49 states in this country do.
SENATOR HOYLMAN:Will the sponsor continue to yield?
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:So the sponsor agrees that the New York State Department of Transportation will be ceding control over its roadways to the federal government as it pertains to liquefied natural gas.
Is the sponsor familiar with S2543 that extends the moratorium of the transportation of liquefied natural gas in New York City?
SENATOR O'MARA:I'm not sure specifically what you're referencing. Is that another bill?
SENATOR HOYLMAN:That's -- that --
SENATOR O'MARA:Well, already the storage of LNG is precluded from within the City of New York. So what's the question, I guess. What's the question?
ACTING PRESIDENT MARTINS:Senator Hoylman, just a reminder that we are on this present bill, we're not debating a separate bill.
SENATOR HOYLMAN:Yes.
ACTING PRESIDENT MARTINS:So please try and keep your questions germane to this particular bill.
SENATOR HOYLMAN:Thank you, Mr. President. I think it's very germane because if the sponsor -- I'll remind the sponsor that S2543 extended the moratorium of the transportation of LNG in New York City. We passed that unanimously in April.
So my question for the sponsor is why we would we say that the transportation of LNG is unsafe for New York City but safe for the rest of the state?
SENATOR O'MARA:That's a consideration for New York City. And I guess you'd be better off answering that than me, because there are many overly burdensome regulations that are caused from the interests of New York City that affect us all across New York State and our ability to do business in this state.
We have trucking fleets in this state that want to convert from diesel to cleaner burning, more fuel efficient, better for our environment liquefied natural gas that this type of rules and regulations requirement is precluding at the present time.
SENATOR HOYLMAN:Through you, Mr. President, would the sponsor continue to yield?
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Thank you.
Has the sponsor sought the input from other metropolitan areas, such as Senator Martins' district, Senator Kennedy's Buffalo district, Senator Stewart-Cousins' Yonkers district in terms of the transport of LNG through their municipalities and communities?
SENATOR O'MARA:No, I have not, Mr. President.
And I don't see any distinction between whether a shipment is coming from Point A to Point B within New York State or going from Pennsylvania through New York State to Massachusetts. They're crossing and following -- and they can come in now from out of state into those municipalities and offload their LNG into a storage facility or vice versa. So there is no reason to have that distinction between interstate and intrastate transportation of LNG.
SENATOR HOYLMAN:Through you, Mr. President, would the sponsor continue to yield?
SENATOR O'MARA:I will.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Thank you.
So we established that there is a double standard of sorts between New York City and the rest of the state when it comes to the safe transport of LNG.
ACTING PRESIDENT MARTINS:Senator Hoylman, are you on the bill?
SENATOR HOYLMAN:Yes, I'm asking a question.
Could the sponsor describe what strict liability is?
SENATOR O'MARA:No, I'm not a law professor.
SENATOR HOYLMAN:Through you, Mr. President, would the sponsor continue to yield?
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:I'll remind the sponsor that strict liability is the imposition of liability without fault.
Why are we eliminating strict liability for LNG carriers from the -- in the transport of this chemical in this bill?
SENATOR O'MARA:Where is that in the bill, Mr. Hoylman?
SENATOR HOYLMAN:It's the last section. That would be Section 8.
SENATOR O'MARA:Because we are removing the requirements of the transportation in these rules and regulations that apply to transportation of LNG. And it's the same standard as will be for the interstate transportation of it. And I don't see why we should be treating that differently just because it's within our state and not crossing state boundaries.
SENATOR HOYLMAN:Will the sponsor continue to yield?
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Through you, Mr. President. Does the sponsor agree that the imposition of strict liability is meant for inherently dangerous activities?
SENATOR O'MARA:I believe that's the case, yes. I don't think it's always the case, but I get your point.
SENATOR HOYLMAN:Through you, Mr. President, would the sponsor continue to yield?
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Would the sponsor agree that liquefied natural gas is volatile, highly flammable, dangerous if mishandled?
SENATOR O'MARA:Yes, it certainly is. And I think it's equally as dangerous whether it's being transported across state lines or just within New York State. So there's no reason for a double standard.
SENATOR HOYLMAN:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:So my question is if the sponsor agrees that liquefied natural gas is volatile, highly flammable, dangerous if mishandled -- as it says in this very statute that we're amending -- why are we eliminating the provisions for strict liability which the sponsor agreed are to be applied toward inherently dangerous activities such as the transport of liquefied natural gas?
SENATOR O'MARA:Because the reason or the purpose of the bill is to eliminate the need for State DOT to promulgate rules and regulations that deal separately with intrastate transportation and differently than interstate transportation.
SENATOR HOYLMAN:Through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR O'MARA:Yes.
SENATOR HOYLMAN:Does the sponsor agree that the bill does not change the imposition of strict liability for stationery storage facilities that contain liquefied natural gas?
SENATOR O'MARA:This bill does not change anything with regard to storage of LNG. It only deals with the transportation aspects of LNG.
SENATOR HOYLMAN:If the sponsor would continue to yield, Mr. President.
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Through you, Mr. President. If we continue to impose strict liability on a stationary LNG facility, why would we eliminate strict liability for the transport of liquefied natural gas? How is it, if I could ask the sponsor, how is it that a stationary facility is any safer than a mobile liquefied natural gas truck?
SENATOR O'MARA:Because there is no need to treat, again, an intrastate shipment any differently than an interstate shipment of LNG and the liability imposed thereon.
SENATOR HOYLMAN:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR O'MARA:Yes.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR HOYLMAN:Does the sponsor agree that in a non-strict liability scenario, the victim -- and that could be an individual or a municipality -- would have to prove fault or negligence?
SENATOR O'MARA:Again, I believe that's a question of law that is not my area of expertise. So I don't have an agreement with that. Or a disagreement with that. I don't know.
SENATOR HOYLMAN:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT MARTINS:The sponsor yields.
SENATOR O'MARA:Yes.
SENATOR HOYLMAN:Would the sponsor agree that this bill, as it amends the law, would result potentially in less recovery for a victim, whether that be an individual or a municipality, in the event of a catastrophic incident?
SENATOR O'MARA:I don't believe the recovery would be any different whether it was strict liability or negligence. It would depend on what the damages were.
SENATOR HOYLMAN:On the bill, Mr. President.
ACTING PRESIDENT MARTINS:Senator Hoylman on the bill.
SENATOR HOYLMAN:I want to thank the sponsor for his responses.
The truth of the matter is we have protections in place when it comes to liquefied natural gas. And the sponsor mentioned that tragedy that occurred back in the 1970s on Staten Island when 43 workers were buried in a huge gas tank and an explosion on Staten Island due to a liquefied natural gas becoming ignited.
Those dangers exist on our roadways. The removal of strict liability from the transport of LNG simply doesn't make sense. We have strict liability in place for a reason. Strict liability creates an incentive for actors to be safer. They know that if there is an accident, such as a truck blowing up due to an LNG explosion, that they're going to have to pay the costs. And the goal is a safer environment for everyone, including our roadways, and particularly those roadways outside of New York City, in our communities upstate and downstate alike.
I don't think we should be imposing a double standard. I think New York City and the rest of the state should enjoy the same protections in law. And I also think that the State Transportation Department and Department of Environmental Conservation should make certain that the routes for LNG transport are ones that, for example, take into consideration the proximity of contiguous populations, the capability of municipal fire departments to protect communities and contiguous populations against fire cloud damage attendant on vapor release of the gas, to reduce the risk of further accident. These are all provisions that would be eliminated under this bill.
There are a number of reasons why we should be opposing this bill. But at the end of the day, I think that we need to understand that we're dealing with a volatile chemical that can cause great harm to the environment and the safety and well-being of New Yorkers.
For those reasons, Mr. President, I'll be voting no and urge my colleagues to do the same. Thank you.
ACTING PRESIDENT MARTINS:Thank you, Senator Hoylman.
Senator Lanza.
SENATOR LANZA:Thank you, Mr. President. To explain my vote.
Of course whenever legislation is before this body we are to consider the --
ACTING PRESIDENT MARTINS:Senator Lanza on the bill.
SENATOR LANZA:On the bill. Thank you, Mr. President.
Of course whenever legislature is before this body it is the responsibility of each member to consider the impact, the implications of legislation and vote based on what they think is in the best interests of the people we represent.
But we should base our decisions on facts. And Senator Hoylman just mentioned a tragedy that occurred on Staten Island some years ago involving the deaths at an LNG plant. And the fact of the matter is is that natural gas had nothing to do with that explosion, nothing to do with that tragedy. In fact, there was no natural gas in that facility at all. It was brand-new, it was being painted at the time, and the explosion resulted from the paint fumes that resulted from the painting of that facility.
It never opened, in fact, and not a drop of natural gas was ever placed into those containers. And yet we had the deaths of the number of people that Senator Hoylman mentioned.
So if this legislation -- I don't think anybody is proposing that we should have strict liability or ban the transport of paint in the State of New York. But that's where that tragedy -- that was the result of that. It had absolutely nothing to do with natural gas.
Mr. President, I vote in the affirmative.
ACTING PRESIDENT MARTINS:Thank you, Senator Lanza.
Senator Gianaris on the bill.
SENATOR GIANARIS:Thank you, Mr. President. On the bill.
I certainly defer to my colleague Senator Lanza about the specifics of the incident on Staten Island. But I think it's worth noting that liquefied natural gas has been identified as a major volatile and dangerous substance by experts around the country, and I think that is beyond debate.
In fact, Richard Clarke, who was our lead -- our nation's lead antiterrorism advisor under both Republican and Democratic presidents identified LNG facilities and transport as the nation's number one vulnerability to terrorist acts.
And so it may not have been at play on Staten Island, but certainly it is a substance that is incredibly dangerous and volatile and needs stringent regulation. And so I wanted to make that point and encourage people to vote no as Senator Hoylman has argued.
Thank you.
ACTING PRESIDENT MARTINS:Are there any other members wishing to be heard?
Seeing none, debate is closed. The Secretary will ring the bell.
(Pause.)
ACTING PRESIDENT MARTINS:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT MARTINS:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MARTINS:Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President. I just wanted to respond to --
SENATOR LIBOUS:Mr. President, can we have some order in the chamber, please.
ACTING PRESIDENT MARTINS:Thank you, Senator Libous.
I'm going to ask who's everyone voting in the negative to please keep their hands up while we continue to count.
And while we do so, Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you. To explain my vote.
I wanted to respond to the issue of interstate versus intrastate. You know, the reason that we should move to make our roads safer at the state level is because we have that power. We obviously don't have the power in interstate travel, due to the U.S. Constitution and the Commerce Clause, so that's why I think we should do what we can to make our state roads safer.
And I also want to thank Senator Lanza for raising the rationale behind the ban of LNG transport and storage in New York City. But I did actually get the idea for raising the Staten Island tragedy from your bill memo, Senator, that actually mentioned the tragedy on Staten Island as a rationale for the two-year moratorium that we passed earlier this year.
I'll be voting no. Thank you, Mr. President.
ACTING PRESIDENT MARTINS:Thank you, Senator Hoylman.
Announce the results.
THE SECRETARY:In relation to Calendar 289, those recorded in the negative are Senators Addabbo, Avella, Breslin, Carlucci, Comrie, Díaz, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Klein, Krueger, Latimer, Montgomery, Panepinto, Peralta, Perkins, Rivera, Sampson, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins and Valesky. Also Senator Sanders. Also Senator Kennedy.
Ayes, 34. Nays, 29.
ACTING PRESIDENT CROCI:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Thank you. Mr. President, could we now take up Calendar Number 580, please.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 580, by Senator Lanza, Senate Print 4505, an act to prohibit.
ACTING PRESIDENT CROCI:Senator Squadron.
SENATOR SQUADRON:Thank you, Mr. President.
I rise on this bill, which is very simple. What this bill does is it prevents the New York Police Department from protecting my district when the federal government decides to have certain trials within my district. It's that simple. The --
ACTING PRESIDENT CROCI:The Senator will suspend.
(Gaveling.) May we have some order in the chamber, please.
Senator Squadron.
SENATOR SQUADRON:Thank you, Mr. President. My colleagues may never have heard this before, so ...
(Laughter.)
SENATOR SQUADRON:The Southern District -- the Southern District courthouse, Manhattan courthouse is within my district in Lower Manhattan. The Eastern District courthouse is just at edge of my district, with Senator Montgomery's district in Brooklyn. Both surrounded by vibrant neighborhoods, residential neighborhoods; in the case of Lower Manhattan, a neighborhood that has shown an extraordinary resiliency since September 11th, a neighborhood that certainly knows the impacts and risks of terrorism as well as anywhere in the country.
And it is really strange to be sitting here yet again arguing that my neighborhoods should be allowed to be protected by the NYPD and by state officials because of some national political disagreement that exists.
You know, there's 63 of us in this house, and we all have our own districts. And I think we all agree that first and foremost, our jobs, our responsibilities are to our districts, to support our constituents, to protect our constituents and our neighborhoods.
The idea that I have to stand up and say that the New York Police Department must be protected in its authority to take care of a neighborhood in my district is really strange.
You know, one of the great things about New York is we represent neighborhoods that are local but are also international icons. That's certainly true of Lower Manhattan. But you know what? For the residents who live in the blocks around the Southern District courthouse, the international icon is not what's important. What's important are the schools, and making sure they're not overcrowded; the buses and subways, and making sure they're working; the streets, and making sure they are safe.
The idea that because there's a national debate about how certain accused are tried, we would in this house or in this Legislature prohibit the protection of a community is absolutely unacceptable.
You know, it's an interesting thing -- and I'm sure the sponsor will tell us that this is just a hypothetical, it's meant to prevent certain kinds of trials from happening. And that would be all well and good if it were the case, but it's not. Trials like this are happening in an ongoing way.
In fact, just last month, May 15th, Khalid al-Fawwaz was sentenced to life in prison. You know where? In the federal district courthouse in Manhattan, in my district.
In September, September 19th, Adel Abdel Bari pled guilty in the Manhattan federal courthouse in my district.
In March of this year, March 4th, Abid Naseer was convicted in federal district court in Brooklyn, right on the edge of my district.
In each one of these cases the sponsor, it seems, would have the New York Police Department not provide any additional protection or any protection that it provides on a regular basis around those courthouses. It would have the National Guard or the State Police not provide any additional protection or any protection they regularly provide in the areas around that courthouse related to the courthouse. That is not acceptable.
The idea that the neighborhoods I represent also happen to be of international significance is something that I and my constituents are acutely aware of. But turning those neighborhoods into a political football is not acceptable. We should not be telling the NYPD not to protect my constituents and my communities, however you feel about how the federal government is dealing with these prosecutions.
I look around this chamber, I look at members who represent entire counties, multiple counties, hundreds of square miles. And I wonder, if I were to say that the State Police just shouldn't be allowed into your district, how would that go over? It would be considered a downstate politician getting in the way of good communities across this state. And you know what? It would be true. I would never do such a thing.
Just because my district and my neighborhood has both sides of the Brooklyn Bridge, has Lower Manhattan and the World Trade Center site, has the Southern District courthouse and the Eastern District courthouse, just because it has so much that we're all aware of, does not mean that my constituents should be turned into political footballs. That's what this bill does.
Please stand with me, allow the police department in New York City to protect my constituents and my neighborhoods. Allow the state authorities to protect my constituents and my neighborhoods. I would do the same for your constituents and your neighborhoods.
I will certainly be voting no, Mr. President. Thank you.
ACTING PRESIDENT CROCI:Senator Lanza.
SENATOR LANZA:Thank you, Mr. President. On the bill.
You know, this legislation, quite simply, does one thing. It protects the people, the taxpayers of New York State from paying for civilian trials for enemy combatants who have waged war against the United States, the cost of which has been estimated to be upwards of $200 million or $300 million -- millions of dollars that would come from education, from our roads, from healthcare, and from all the issues we care so deeply about in this body.
For me, there's little question that the only appropriate place to try terrorists who have been designated as foreign enemy combatants of the United States is at a secure facility in a military commission tribunal.
Now, Senator Squadron and I have discussed this issue over a number of years, both here on the floor and off the floor, and we're both committed to the safety of the residents of New York City and of this state. I'm not some upstate Senator who's talking about an issue that's related to New York City. I'm a Senator who represents a district in New York City, a district who lost too many of my friends and neighbors in the attack on the World Trade Center.
For me, the safety issue here is that of whether or not there ought to be civilian trials for enemy combatants in New York City. Therein lies, to me, the greatest threat to the safety of our city. The principals of al-Qaeda and ISIS have announced that they will attack any location where their brothers in terrorist jihad are being brought to justice. That is a threat which I take very seriously, and I know Senator Squadron does as well.
It is without question that these civilian trials bring great danger to both Senator Squadron and to my home city of New York. We know that the courts are placed under unreasonable threat of harm -- the employees there, the jurors there, the judges. In fact, as we've discussed many times, it is my firm belief that allowing foreign enemy combatants to exploit our civil procedure laws and civil discovery laws, that civil trials being afforded to enemy combatants has very dire negative national-security implications.
And so it is for that reason that I advance this legislation every year, because I believe that a system of justice, the military commission tribunal, if it's good enough for our soldiers who place their lives on the lines to protect our liberties every day, if it's good enough for them, then it's really too good for enemy combatants. And that is, as I've said, the appropriate place and the safest place in terms of the safety of New York City and this state, that is the safest way -- if we're concerned about public safety, that is the safest way to go.
And just a point on the legislation in terms of what it does and what it does not do. It does not prevent the New York City Police Department from doing the great job they do every single day protecting our citizens. It would not prevent the National Guard from doing the great work that they do year in and year out protecting us.
Simply put, what this would do, I believe, is to dissuade the federal government -- because I truly believe that if this were the law of the State of New York, the federal government would act responsibly and would do one of two things. First, of course, my hope is that they would be dissuaded from affording civilian trials to foreign enemy combatants who have waged war against the United States. But second, if they continue with that as I believe to be a wrong-headed and dangerous policy, if they continued with that policy, then they would pick up the bill in the face of this legislation.
So I don't believe, as Senator Squadron has suggested, that this bill would in any way prevent those who are employed to protect our safety, I don't think and I know this bill would do nothing to prevent that from happening.
I vote in the affirmative. I urge my colleagues to do the same.
And I thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Lanza to be recorded in the affirmative.
Any other members wishing to be heard?
Hearing no other members wishing to be heard, debate is now closed and the Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator Squadron to explain his vote.
SENATOR SQUADRON:Thank you, Mr. President. To explain my vote.
I do just want to point out -- and I appreciate the sponsor's comments.
Look, it is clear that it is not the sponsor's intent to make my district less safe. It is clear the sponsor's intent is as described. I do think that is the impact of this legislation, but I also am committed to working with the sponsor on other solutions that reduce the burden locally but do nothing to put my district at risk, which I do strongly believe this bill does.
And it's not a risk I think we should be taking. I continue to vote no, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger to explain her vote.
Senator Squadron to be recorded in the negative.
Can we have order in the chamber. Thank you.
Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President.
You know, I've heard this debate multiple years, and I think the sponsor isn't wrong in wanting to prevent dangerous trials from taking place in Lower Manhattan. But we're not the U.S. Congress, we're the New York State Senate. And we can't tell the Justice Department or the federal government where to hold their trials.
So even though he believes simply saying "We won't spend any money protecting our citizens if you hold these trials" is a way to stop them from ever holding them, I have to share my colleague Senator Squadron's concern our duty is to make sure that our citizens are protected by our police forces and whatever other forces are necessary to make sure that no harm comes to our citizens.
So despite my potential agreement with the sponsor on what the federal government should and shouldn't do, until he becomes a Congressman and can assure me that these trials aren't going to happen anywhere in New York City, Staten Island, Lower Manhattan -- my district is just to the north of Senator Squadron's -- we must make sure that we are committed to protecting all our citizens from any dangerous circumstance.
I vote no.
ACTING PRESIDENT CROCI:Senator Krueger to be recorded in the negative.
Results.
THE SECRETARY:In relation to Calendar 580, those recorded in the negative are Senators Breslin, Comrie, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Krueger, Latimer, Montgomery, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins.
Ayes, 42. Nays, 21.
ACTING PRESIDENT CROCI:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, we're going to take up Senator Robach's bill.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 741, by Senator Robach, Senate Print 5280, an act to repeal Section 1226 of the Vehicle and Traffic Law.
ACTING PRESIDENT CROCI:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President. Would the sponsor yield for some questions.
ACTING PRESIDENT CROCI:Will sponsor yield?
SENATOR ROBACH:I would.
ACTING PRESIDENT CROCI:The sponsor will yield.
SENATOR GIANARIS:Thank you. I'm just trying to make sure I'm understanding this bill correctly.
Can the sponsor confirm that this bill would allow people to drive with no hands?
SENATOR ROBACH:No, what this bill would do is remove a statute from many years ago which tickets haven't been written -- we can't find one in 20 years -- now that we have tickets for distracted driving, driving with a cellphone, driving with texting, to allow us to come in compliance with 49 other states that would allow technology that many of you may even have in your car today that would allow you to automatically park your car or use today's technology sensors and computers to park your vehicle perhaps quicker, safer, and utilize the technology in vehicles today that you're paying for.
I don't think people would be writing a lot of tickets for it, but we just felt it was better, as did the rest of the nation, pretty much, to get rid of that law off the books just so we don't run into any areas when your grandmother or my aunt is using the technology to park their car. That's the purpose for this bill.
SENATOR GIANARIS:Would the sponsor continue to yield?
SENATOR ROBACH:I would.
ACTING PRESIDENT CROCI:The sponsor will yield.
Senator Gianaris.
SENATOR GIANARIS:Thank you.
First of all, I want to note that not everyone thinks it's a great idea, because AAA has come out in opposition to this bill. But --
SENATOR ROBACH:I -- I -- thank you. I had not seen that memo.
SENATOR GIANARIS:But the question I have for the sponsor is -- and I understand the intent. And I believe perhaps it's just poorly drafted, because if we wanted to create this opportunity for automatic vehicles or future technology, we can write that into the bill instead of just removing the requirement.
But the question remains it is currently illegal to drive without hands on the wheel, and this bill would simply repeal that provision of law that says it would be illegal.
So in essence, would not this bill allow someone to legally drive without hands, whether their hands are occupied with food or a book or whatever else it is?
SENATOR ROBACH:Good point.
I think that there's many other statutes that would apply if you were driving with no hands, driving recklessly and doing other things. So I think, you know, so we haven't seen a ticket written for that violation in any place we could research to find it being utilized today. So, you know, broad or more specific to me I guess didn't matter.
If this there had been a lot of people who that was the violation or cause for accident, I would see it -- I more look at it as a consumer protection than a safety issue. Because it hasn't been utilized, so I guess that's the purpose for that approach.
And I would say we hadn't gotten any opposition from any law enforcement, traffic safety groups, but do have the support of auto dealers. And every manufacturer, I think, down the road, I would say too, you're probably going to see even more technology, an even greater amount of this. Right now the technology that exists is pretty much just for parking.
SENATOR GIANARIS:Thank you.
On the bill, Mr. President.
ACTING PRESIDENT CROCI:Senator Gianaris on the bill.
SENATOR GIANARIS:I want to thank Senator Robach for answering my questions.
I understand where he's coming from, and I don't disagree that we need to plan for the future because technology is moving in a certain direction.
But I do oppose this bill, as does AAA, which is a very credible drivers' advocacy group, because it is going about it the wrong way. Simply removing the requirement in law that a driver has to have a hand on the wheel is dangerous.
Now, if we want to provide for situations where we might have cars that park themselves automatically or in the future drive themselves automatically -- and I understand there's a concern that people want to do this for demonstration projects and so on -- we can do that by saying that requirement is waived in those specific instances.
But to just put a blanket removal or a blanket repeal of the requirement of having a hand on the wheel, at a time when we've been moving towards greater driver safety, banning texting while driving, banning distracted driving, the Vision Zero movement in the City -- there's a lot of efforts that are being made to make sure drivers are driving more safely. And I think in the drafting of this legislation we've created a bit of a monster where we're saying to people you can drive without your hands on the wheel and it's not illegal in the State of New York.
So that seems foolhardy to me. Unless the bill comes back in an amended form which limits it to the applications which would make sense, I will be voting against and encouraging my colleagues to do the same.
ACTING PRESIDENT CROCI:Senator Gianaris to be recorded in the negative.
Is there anyone else wishing to speak on this bill?
Seeing none, the debate is closed and the Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:In relation to Calendar 741, those recorded in the negative are Senators Addabbo, Breslin, Comrie, Espaillat, Gianaris, Hassell-Thompson, Hoylman, Krueger, Panepinto, Peralta, Perkins, Ranzenhofer, Rivera, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins. Also Senator Montgomery. Also Senator DeFrancisco.
Ayes, 43. Nays, 20.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Calendar Number 746, by Senator DeFrancisco, Senate Print 4103, an act to amend the State Law.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you. Would the sponsor please yield.
ACTING PRESIDENT CROCI:Would the sponsor yield for a question?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT CROCI:The sponsor will yield.
SENATOR KRUEGER:Of all the amphibians throughout the State of New York --
ACTING PRESIDENT CROCI:The Senator will suspend.
{Gaveling.} May we please have order in the house, please.
Senator Krueger.
SENATOR KRUEGER:Thank you, Mr. President.
Of all the amphibians that exist in New York State, why is the sponsor bringing this bill to the floor for the wood frog?
SENATOR DeFRANCISCO: Very simply, there is a third-grade class who has studied amphibians and right now, believe it or not, the unofficial amphibian of the state is the wood frog. They learned a lot about this particular amphibian, and they started lobbying me last year to put in a piece of legislation. And we passed it last year; unfortunately, it didn't pass in the Assembly.
And I think this is an excellent opportunity to give young people who are interested, with a wonderful teacher who got them interested, to get a lesson in civics and a lesson in government. And they've sent me letters, they've sent other Senators letters, they got a sponsor in the Assembly. And it didn't pass the Assembly, so we're going to give it another shot this year. It's a good educational opportunity.
SENATOR KRUEGER:Will the sponsor please yield for one additional question.
ACTING PRESIDENT CROCI:Will the sponsor yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
How many third-graders have asked for this bill?
SENATOR DeFRANCISCO: A class. Thirty? I don't know, whatever the class is. Probably about 30 is what I estimate. I went to speak with them, and they were here a couple of weeks ago based upon their new taste and interest in government.
SENATOR KRUEGER:Thank you.
On the bill, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger on the bill.
SENATOR KRUEGER:So I have third-graders and fourth-graders and second- and first-graders living in households who are desperate for the New York State to assure that they can continue in their homes, and yet we have allowed rent regulation to expire. This is an important lesson in government that millions of New Yorkers are watching right now. And they've come to Albany. Some of them are demonstrating outside this building, perhaps on the second floor, as we speak.
I don't have a problem with third-graders wanting to name a wood frog as the official amphibian. I have a problem with this house actually refusing to take up the critical issue of housing and the protection of housing for third-graders, second-graders, first-graders, fourth-, fifth-, sixth-graders, elderly, disabled, working people, over 2 million strong in the City of New York.
This is a perfectly innocuous bill. We have serious work to be doing. I vote for the bill. I just wish we were doing what we needed to be doing, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger to be recorded in the affirmative.
Senator Díaz.
SENATOR DIAZ:Thank you, Mr. President.
ACTING PRESIDENT CROCI:To explain your vote? We're on the bill.
SENATOR DIAZ:On the bill.
I'm listening to Senator Krueger on this bill that is sponsored by Senator DeFrancisco that names the wood frog the official amphibian of the State of New York. And honestly, I agree with Senator Krueger.
Last year, last year we also spent time debating the yogurt, the yogurt in the State of New York. And we were taking time late at night, when we had very important issues last year, discussing yogurt. Even we made so ridiculous that day that all the late-night shows nationwide talked about how ridiculous it was for us to be talking about yogurt.
And now we are here, getting paid $175 per day, Governor Cuomo says that he will not allow anyone to go home until we agree on rent, when 2 million people are expecting us to do something. And we're here doing nothing, just we are here getting paid to discuss the wood frog as the official amphibian of the State of New York. How ridiculous.
I think that I agree with Senator Krueger, we have so many important things to do, we are waiting, we are waiting here on others. Otherwise, Governor Cuomo should send -- and the Senate should stop this waste of money, send us home, have the three men get into that room. Governor Cuomo, Senator John Flanagan and Assemblymember Carl Heastie, they should get into that room, they should get there and then don't come out until they get into an agreement and then call us back.
But to be here all day, all this day, all the time, and the best thing that we could do is to discuss a bill that names the wood frog the official amphibian of the State of New York. Strange. This is the -- maybe next year we'll do another one and then we establish a record, three years in a row talking about yogurt, wood frog, and next year maybe we'll talk about something else. Ridiculous.
Thank you.
ACTING PRESIDENT CROCI:Senator Díaz, how will you be recorded.
SENATOR DIAZ:How do I vote? I vote -- I vote --
ACTING PRESIDENT CROCI:Senator Díaz --
SENATOR DIAZ:I vote in favor of the frog.
ACTING PRESIDENT CROCI:The chair's error, Senator Díaz.
Are there any other members wishing to be heard?
Seeing none, debate is closed. The Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes. This is important to me because it's important to those young children, and it's a great educational opportunity for them to get involved in government.
To compare this to rent control is complete nonsense. This house, at least the majority of this house, voted for an extender -- what was it, eight years -- for rent control. The Assembly voted for a two-day extender. And everyone in this place knows that that's being negotiated.
And no matter what we're doing on the floor right now, and there's some beauties -- other bills, there's some real beauties -- we're doing it to try to get through the legislation that people want.
So the fact of the matter that we don't have rent control is such nonsense. It's being negotiated. And I would think if you really want it, the eight-year bill makes a heck of a lot more sense than a two-day extender. That's number one.
And number two, the Stewart show, we were laughed at. I remember vividly how funny it was. And I remember vividly the reason it was being done, the debate was being done, because there was a slowdown going on by one of the parties in this house, and they thought this would be a great opportunity. And what the joke was, the joke was that got on the Stewart show, is how asinine the comments were about a debate on this. And that's fine.
But to say that I should not do this on behalf of constituents because I'm stopping rent control is ridiculous, the humor in the last bill had to do with the comments being made by those who were slowing down the session.
I vote aye.
ACTING PRESIDENT CROCI:Senator DeFrancisco to be recorded in the affirmative.
Senator Marcellino.
SENATOR MARCELLINO:Thank you, Mr. President. I too rise to explain my vote.
And frankly, I'm just a little bit shocked at my colleague Senator Krueger's comments. To state that this house is unwilling to negotiate on rent control is completely wrong and flat-out untrue.
And Senator DeFrancisco just said we passed an eight-year extension. Eight years. The other house only passed two days. You consider two days the equivalent? Does anybody over there want to match the two days? You think they're the same thing? It is absolute nonsense.
This bill dealing with the kids --
ACTING PRESIDENT CROCI:Senator Marcellino will suspend.
{Gaveling.} May we please have some order in the chamber. Thank you.
Senator Marcellino.
SENATOR MARCELLINO:Bringing the kids into this the way Senator DeFrancisco did was to show them how government can work in various ways and how you can solicit and how you can get government to move by writing letters, getting active and so forth. That's a great lesson. As a former schoolteacher, that's how you teach people. That's how you get them to do the right thing.
But to come on the floor and then use it as an excuse to attack the house for not doing something you wanted them to do when we did something even better than the other house wanted -- eight years versus two days -- and it's still on the floor for negotiation. It's the other house that's refusing to negotiate.
Let's call it what it is. We're just being attacked for something really foolish. That was a statement, frankly, not up to your usual quality, Liz.
I vote aye.
ACTING PRESIDENT CROCI:The Senator will address comments through the chair.
And Senator Marcellino to be recorded in the affirmative.
Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
Let me remind my colleagues a couple of things. I've heard some ridiculous statements in the last couple of minutes.
I like to watch Jon Stewart too. And what the ridicule was about was not comments that were made, it was about that we were discussing something -- the word "asinine" was used. This is an asinine bill. Okay? And we're sitting here discussing what should be the official amphibian when 2 million people in New York City are not sure if they have a home. Okay? That is asinine.
And I'm sorry, Senator Marcellino, Senator Krueger's comments were right on point.
ACTING PRESIDENT CROCI:Senator, please address all comments through the chair.
SENATOR GIANARIS:No, you did not stop Senator Marcellino, Mr. President --
ACTING PRESIDENT CROCI:I did correct Senator Marcellino, Senator Gianaris.
SENATOR GIANARIS:You let him finish his remarks. I ask you that you let me finish mine.
ACTING PRESIDENT CROCI:Please, all remarks through the chair. Thank you, Senator.
SENATOR GIANARIS:The rules have to apply to both sides equally, Senator Croci.
ACTING PRESIDENT CROCI:And I do believe that the chair asked Senator Marcellino to address his comments through the chair.
SENATOR GIANARIS:After -- after he was concluded and sat down.
ACTING PRESIDENT CROCI:When he said it. Thank you, Senator Gianaris. Please go continue.
SENATOR GIANARIS:After he was concluded and sat down, Mr. President. Let's be fair about this.
But we're not going to use this as an opportunity to defame the Assembly, which actually has people who represent a lot of the 2 million people who are without homes, when every credible -- every credible institution that has commented on this thinks it's ridiculous that we're two days after the expiration of the rent laws in New York City and we're scrounging for bills about what's the official amphibian in New York? That is what is asinine, my colleagues. That is what is asinine.
And what was being made fun of in the past was the fact that this body has nothing better to do than to pass bills like this when people are suffering and we're not accomplishing the goal of accommodating them and making sure that they feel safe in their homes.
That is why I'm voting in the negative, Mr. President. Thank you very much.
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT CROCI:Senator Libous.
SENATOR LIBOUS:Thank you.
Now that we've got some opinions out of the way on a different subject, I would ask my colleagues to please refrain to talking about the bill at hand and not any other subject, so that we keep it germane.
I think that both sides got an opportunity to get their feelings out. So now I think, as we move on, let's talk about the wood frog.
ACTING PRESIDENT CROCI:And I would also remind members to please use vernacular consistent with the decorum of the house.
Next will be Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you.
As I said, I have no problem with voting for the bill. But if I had said it was a wood toad instead of a wood frog, certainly somebody would have pointed that out to me.
So for the record, it's not rent control we're even taking about, it's rent stabilization and rent regulation. The rent-control units are not actually in trouble at this moment in time.
So clearly this house isn't focusing even correctly on the discussion of housing. Even though Senator Libous is correct, housing was not the topic of this bill -- it's just the topic we should be focusing on.
I vote yes.
ACTING PRESIDENT CROCI:And Senator Krueger shall be recorded in the affirmative.
Senator Espaillat to explain his vote.
SENATOR ESPAILLAT:Mr. President, thank you.
I have to concur with some of the my colleagues that we need to spend more time on some of the serious things that are impacting our constituencies. And if you read in today's paper you will see that there's anxiety in the City, not because of this particular bill that was taken up, but because we still have not decided what we're going to do about rent.
And in fact we did take up an eight-year extender, but there seems to be some schizophrenia here. Because right on the calendar today we have a four-year extender. And so what's going on? I mean, are we playing games?
Why don't we just call the bill that's been laid aside, the rent bill, let's take it up as quickly as possible, and then we can deal with some of the nonsense that's on the rest of the calendar.
I vote nay, Mr. President.
ACTING PRESIDENT CROCI:Senator Espaillat to be recorded in the negative.
Senator Bonacic to explain his vote.
SENATOR BONACIC:I'm voting no, but it has nothing to do with rent control. I'm going to talk about the contents of the bill.
Whenever you elevate a species in the State of New York, whether it's -- in this case, it's to elevate the wood frog, make it something special -- you empower DEC with a weapon to use for a wood frog zone, you can't build here. Or you can't do something over there. And they use it. The DEC uses these kinds of things to dilute property rights.
Now, you think it's a joke? I'll tell you a life experience. It's happening in reality in the Village of Florida. There's Glenmere Lake. It's a water supply for the Village of Florida residents. They have found wood frogs in there. They have come out and said "You can't build within three miles." It was only a proposal for discussion. Three miles within this lake.
Now, there are some homes there. And what happens if you wanted to put -- extend your porch? You had to get an architect, you had to get a surveyor, you had to map out so you wouldn't hurt this little species.
So I always frown when we start to do these kind of things, because it triggers another agenda by the DEC. I vote no.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Bonacic to be recorded in the negative.
The chair appreciates his comments remaining germane to the legislation.
Senator Stavisky.
SENATOR STAVISKY:Yes, thank you, Mr. President.
I'm not sure that this is a really great teaching opportunity for a class, because it's really not that easy to get legislation passed.
The wood frog, from what I understand, inhabits the lake areas, and they're extremely small. They I think are about 3 inches, if I'm not mistaken. And ugly. Ugly.
(Laughter.)
SENATOR STAVISKY:But I'm not sure this is the way to teach young people about government.
Instead, I think we should be teaching them to contact their legislators. We should reach out perhaps to other schools and see if there are other issues that they want to include in teachable opportunities to affect government.
So thank you, Mr. President, and I will vote no.
ACTING PRESIDENT CROCI:Seeing no one else wishing to be heard on this matter, the debate is closed.
May we have one more show of hands, anyone voting in the negative?
Announce the result.
THE SECRETARY:In relation to Calendar 746, those recorded in the negative are Senators Addabbo, Bonacic, Breslin, Comrie, Díaz, Dilan, Espaillat, Funke, Gianaris, Hamilton, Hannon, Hassell-Thompson, Hoylman, Kennedy, Krueger, Latimer, Libous, Montgomery, Murphy, Panepinto, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins. Also Senator Savino.
Ayes, 32. Nays, 31.
(Reaction from the floor.)
ACTING PRESIDENT CROCI:The bill passes.
Senator Libous.
SENATOR LIBOUS:Thank you. If we could have some order here, Mr. President, we're going to take up Calendar 1485, by Senator Young.
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 1485, by Senator Young, Senate Print 3438, an act to amend the Social Services Law.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you. If the sponsor would please yield.
ACTING PRESIDENT CROCI:Will the sponsor yield for a question?
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT CROCI:May we have some order in the chamber, please (gaveling). Thank you.
Senator Young -- Senator Krueger.
SENATOR KRUEGER:I think Senator Young already yielded, so it's my turn. Thank you.
The sponsor describes in her bill that would specifically provide that no public assistance be given to or for any person over 5 years of age and under 35 years of age who does not have a high school diploma or a high school equivalency diploma and is not enrolled and participating in good faith towards the attainment of such, unless the person has a number of different conditions -- medical, psychiatric, other appropriate professional lack of requisite capacity.
So my question to the sponsor is, is she familiar with the state --
SENATOR YOUNG:Mr. President, it's hard for me to hear.
ACTING PRESIDENT CROCI:Ladies and gentlemen, if you're having conversations or staff having conversations, if you'd please take them outside.
Senator Krueger.
SENATOR KRUEGER:Thank you.
That in accordance with existing state law and regulations, 09ADM16 of the Office of Temporary and Disability Assistance, that recipients are subject to the welfare work rules and must be evaluated for education and basic literacy, and that they are either required to be in work activities or engaged in basic education beyond the 9th-grade reading level.
So how would this bill change existing law?
SENATOR YOUNG:Thank you, Mr. President. And that's an excellent question, Senator Krueger.
And actually, if you go to the Employment Manual of the Office of Temporary and Disability Assistance, Laws and Regulations, Section 385.8, under "Department Policy," there are additional countable participation rules.
So that if -- I think your question is if someone, for example, is required to participate in a work program, that participation would actually count toward getting your GED or toward the education piece. So there's several -- I gave this to Senator Rivera earlier because he had questions about it. I would be glad to share that information with you, Senator Krueger. But there are different things that would count.
So for example, individuals participating in work experience the maximum number of hours allowed by the restrictions based on the public assistance grant and food stamp allotment, count as participants.
Work-limited nonexempt individuals who are participating in accordance with their limitations in unsubsidized or subsidized employment, work experience, on-the-job training, job search and job readiness training, community service, vocational education, or the provision of childcare for a community service participant, also count toward the participation rate.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So I'm actually familiar with that section of rules and regs. But does this bill then require education participation above and beyond that 35 hours in any of those categories?
SENATOR YOUNG:Yes, Mr. President, through you. So what this basically is saying is that you either have to be participating in the way that was just described or that you're in good faith trying to get your GED or high school education.
And what that basically means, the good faith portion, is that you're showing up. So you enroll in a program or you go to school. But the point is you're showing up and you're showing up on time, you have full participation, you're showing up sober. And that's what really demonstrates good faith.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:I'm sorry, I don't think I worded my question correctly because I don't think I got the answer I was looking for.
If you are already participating in approved work activities and educational activities listed in the regulations, does this law add on -- beyond the 35 hours per week and the approved activity list, does this require beyond that, beyond 35 hours a week to be participating in high school or GED approved activities?
SENATOR YOUNG:Thank you, Mr. President. And thank you, Senator Krueger for that question and rephrasing it.
So no, those activities that you described would count toward this particular section of law. So it wouldn't be above and beyond if they're already participating in a manner such as you described.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR YOUNG:Yes, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So we now agree what the rules and regulations are and that you have to be in one of an assortment of possible activities, including educational activities, that this is, I guess, pushing further on support for high school diplomas or equivalency courses but not adding to requirements per se that people may already be under.
What if there are no high school equivalency programs being offered in your social services district?
SENATOR YOUNG:Through you, Mr. President, another excellent question.
And if you read the text of the bill, local social service districts are given discretionary authority to waive this requirement where this course of study is not practical or cost-effective based on a person's -- and it can be mental capacity, employment background, job training. And it also says "or other factors," including -- let me find it in the bill -- the lack of available educational programs.
So there is broad discretion that is given and considered, you know, through this legislation.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR YOUNG:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So we're good with what the existing law is. I believe I understand what the Senator is intending for people above school age who have not completed high school equivalency or a high school degree. We agree that if these programs aren't available, people can't be required to participate.
The bill specifically says if you are between the age of 5 and 35, you must be in one of these activities. So does that mean a 6-year-old wouldn't be eligible for public benefits? Because I don't think 6-year-olds are in high school or high school equivalency programs -- or 7-, 8-, 9-, 10-, 11-, 12-, 13-, 14-year-olds. What would it mean for them?
SENATOR YOUNG:Thank you, Senator Krueger, for that question.
Basically this bill is designed to incentivize, participation in educational programs with the goal of someone earning their high school diploma.
According to the U.S. Census data, high school dropouts will earn one-third less than a high school graduates. High school dropouts will suffer from unemployment rates that are 50 percent higher. And high school dropouts will be nearly three times more likely to live in poverty.
Over and over again, it doesn't matter on what side of the aisle you serve, I hear Democrats and Republicans affirming our strong commitment to education and making sure that the children have the opportunities that they need and deserve in order to succeed.
And oftentimes we hear from teachers especially who say -- and especially during the latest debate that we've had about APPR and things being out of a teacher's control.
One of the things the teachers bring up repeatedly is that if we can get children to attend school, then they can help those children learn. But so often what happens, unfortunately, is that children's attendance is very poor. And as a result of that, the teachers do not have the opportunity to teach the children.
So this is a way to incentivize parents to ensure that their children show up to school and, starting at age 5, children enter the school system, public school system in kindergarten -- it could be preschool before that, obviously -- and then they are supposed to attend until age 12 {sic} when they earn their high school diploma. So this is a way to incentivize parents to ensure that their children get to school.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT CROCI:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank the sponsor for her comments and even much of the intent of her bill.
And so if this was a bill that started at the age of 16 and up, when you may actually no longer be legally required to attend school, I probably wouldn't have a debate with this bill.
But this bill would actually penalize by taking away food and rent and even the money people might be using to try to get to and from work and school for themselves and their children. It takes their money away because apparently there might be reasons that children don't have a high enough attendance level starting from age 6 and up.
Now, yes, we want our children to attend school. And yes, we want schools to be very aware of truancy patterns and want to be checking on why children aren't attending school.
But I have to tell you, this state and other states attempted models like this called Learnfare for several years or more years during the '90s and even early 20th century, and what we learned was that creating Learnfare, where you can penalize someone's public benefits, cut them off or reduce the amount of benefits they receive because children were having truancy issues, simply resulted in a greater rate of poverty, more problems for the families, potential for homelessness, and did not deal with what might be the underlying crisis in that family preventing the children from attending school.
So I agree we want our children to go to school. We want to make sure the social services they need, if there are problems in that household, are provided and immediately addressed. But what that bill does is actually say if there is that problem out there, now we're going to cut your benefits, perhaps completely cut you off of food stamps and cash assistance.
And what I can assure everyone, the only thing that happens in these occurrences, we create larger crises. We end up with larger numbers of homeless families or needing more intensive after-the-fact intervention.
So share the sponsor's goals; have to disagree with her that this will not accomplish the goals. This will put us back to the retro model of Learnfare that I believe has been found to not work throughout the country.
I vote no and urge a no vote. Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger to be recorded in the negative.
And I would ask all the members and the staff, we have a band playing outside the chamber. It's making it very difficult for members to hear each other during debate. So if we could continue to keep our conversations to a minimum, and staff as well, that would be greatly appreciated.
Senator Parker to explain his vote.
SENATOR PARKER:Thank you, Mr. President.
ACTING PRESIDENT CROCI:On the bill.
SENATOR PARKER:Let me thank the sponsor of the bill for raising this really important issue.
Certainly the connection between education and those who are trapped in cycles of poverty in the State of New York as well as throughout the country is really evident. People obviously know about this important issue. So I want to thank her for raising it and coming up with a solution, although I'm not clear this is the right one.
I think that this is a place to start. Part of what we know is -- and certainly, obviously there's a connection between education and poverty. But it's not really as much on people who don't have high school diplomas as it is access to college.
And both myself and Senator Montgomery have bills that would actually make college a work-related activity. So as a college professor, one of the things that happened when we did workfare, you know, in the early '90s, I had people literally dropping out of my college course because they had to go volunteer in a park so that they could get their welfare benefits. And we certainly want to encourage people.
So if we brought a bill -- and I certainly would love to work with you on this issue. I think that all of this is not bad. I think there are some technical things that we could fix in it. But I certainly like the notion that we in fact make education a pathway to ending the cycle of poverty.
As we also talk about that, we still have schools right now, K to 12, that cannot give our children the proper education. You know why? I'm glad you asked. Because they're not getting the Campaign for Fiscal Equity money that they were promised. And again, this is not what I said they should have, this is what the courts have said they should have. And so all our job is to do is actually follow law as legislators and make sure that every child in the State of New York has the proper funding such that they can receive a basic education in the State of New York.
And so I'm not going to be voting yes today, but I do look forward to working with the members of this body on finding a solution to break this cycle of poverty that's connected to education.
ACTING PRESIDENT CROCI:Senator Libous.
SENATOR LIBOUS:Mr. President, I think we'll go forward on this bill and vote on it and do whatever we need to.
ACTING PRESIDENT CROCI:Very good.
Senator Robach.
SENATOR ROBACH:Yes, Mr. President, I just want to thank the sponsor for this bill.
And I don't want to take a long time, but this is something near and dear to me. What I would say why this is important is we're talking about 15-, 16-, and 17-year olds. And in my district I have some of the best schools, let alone in the state, in the nation. And I also have failing schools.
And the one thing, especially in the high schools, all the schools that are failing have huge absentee rates, huge, 41 percent daily. And those absentee kids who no one intervenes with, or isn't doing it, turn into kids who usually quit school.
Now, let me tell you what the statistic is for males that quit school before the 10th grade. Fifty percent by age 23 are dead, incarcerated, or not showing up on a system -- not getting welfare, not earning money. That's a bad statistic. No parent, no grandparent, nobody wants that for anybody in their family or anybody's family.
So the idea that many kids think that this is somehow a career path, to quit school in today's day and age and go on and have somebody else support them, while it may look attractive temporarily, it is a bad, bad choice for them.
So I would say this is just the start. We have to do even more to keep these kids, no matter what their demographic is or what their income level is, on school, in school. That is the key to success in America, is education.
So I want to applaud my colleague for this bill and hope that if we really want to focus on the kids and what's best for them, we'll do everything we can to keep them in school.
Thank you. I vote aye.
ACTING PRESIDENT CROCI:Senator Young.
SENATOR YOUNG:Thank you, Mr. President.
I want to thank my colleagues for your thoughtful questions.
I do want to address Senator Krueger's concerns, however, because the bill is written broadly so the social service districts, if there is occasion where they feel that this would be detrimental to a family, that they could have discretion over that situation.
My colleague Senator Parker, thank you for your comments. And I would love to work with you on ensuring that people have access to college education also. I think that's incredibly important. But before they can go to college, they have to earn their high school education and their high school degree.
And this certainly would be a way to incentivize that so that people understand that it's important to gain that high school education because it opens so many doors.
And as Senator Robach said so well, it avoids dropouts, it avoids absenteeism, it makes sure that people are able to lift themselves out of poverty. And that's what I believe that we have, as legislators, before us. We need to make sure that we are providing ladders so that people can lift themselves out of poverty.
As we know, one of our country's founders, historically, of public education and the whole public education movement was Horace Mann, who said that "Education, then, beyond all other devices of human origin, is the great equalizer of the conditions of men, the balance wheel of the social machinery."
And that's really what I believe this legislation focuses on, Mr. President. And that's why I enthusiastically put it forward and hope that my colleagues join me in voting yes.
ACTING PRESIDENT CROCI:Senator Panepinto.
SENATOR PANEPINTO:Yes, I understand the premise of the legislation. I respect the premise of the legislation. But I think that, you know, it doesn't account for all the people's circumstances. And we have a social safety net in this country for a reason.
And, you know, people should go to school, they should aspire to get degrees. But I think this legislation goes a little too far, and I'm voting in the negative.
ACTING PRESIDENT CROCI:Senator Savino.
SENATOR SAVINO:Thank you, Mr. President.
First I want to thank Senator Young for bringing this bill. And I listened very intently, and I think we're all on the same page about what we would like to see for the future of people who unfortunately are dependent on public assistance. We would like them to become independent.
I can think -- it seems like yesterday I was a staffer at the Social Service Employees Union, having worked in HRA and what later became the Administration for Children's Services. But at the time I was working for the union, and it was right after welfare reform was enacted in Washington.
And the message from the Clinton administration was we were going to change welfare as we know it. We were going to change it from a dependency program to an assistance program, and we were going to provide the tools and the job training and the requirements to move people off of welfare to do what we liked to call at the time -- the way we looked at welfare, it should be like therapy, short-term and goal-oriented.
Well, one of the requirements that they put in place then was that everyone would work. Prior to that, agencies had the ability to decide who could be exempted from it. If you were a single mother with small children, you doesn't have to participate in workfare. If you were sick, you didn't have to do it. If you were a client of the HIV and AIDS agency, you didn't have to do it. If you were disabled.
We had a new administration, though, in the City that said no, there will be no exemptions, everyone will work. And in fact one of the most memorable quotes I ever heard from a city commissioner was that even a paraplegic can lick a stamp. Horrible way to approach it. But that was going to be their requirements for anybody on public assistance, you had to work in some way, shape or form.
And it really wasn't work, you just sent them to do jobs and you didn't pay them. And you made them clock a certain number of hours a day.
And over the next 10 years, many of us in the social service advocacy community fought to make changes to that program because we didn't think it really lived up to the mission of moving people from dependency to independence.
And some of the things that were done over those years was allowing young women, particularly, on public assistance who would attend school to use the hours that they went to school to count towards their workfare requirement. Because we acknowledged and we got everyone to understand that education was the pathway out of poverty.
So now I don't know, Senator Young, this might not be the perfect bill, but I think anytime we're sending the message clearly that the pathway out of poverty and living on public assistance, which is a dead end for families, is through the education system. And I would think requiring them to go to school is better than requiring them to go to a volunteer job in the Parks Department. That I think is a better pathway.
So I'm going to support this bill, because I think your intent is in line with what we have been thinking for years. The pathway out of poverty and dependency is through education and job training, and that is the greatest social service program in the world.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Montgomery.
SENATOR MONTGOMERY:Thank you, Mr. President. I feel compelled to speak, certainly on behalf of some of the people who were mentioned who are not here to defend themselves, and that's -- we were -- my colleague referred to 16-year-olds and 17-year-olds. And the bill actually talks about people between the ages of 5 and 35.
So I believe it's true that many teenagers are going to be part of this legislation. And the fact of the matter is it -- it reminds me of some of the other states that we're aware of that have now required that people who receive public assistance have to be drug-tested.
So that the fact of the matter is that poverty is now a reason for people to be punished further, to be further humiliated and to be further charged with standards that they have to meet that many other people really don't have to meet, even though many of us enjoy the benefits of public assistance in one form or another. As a matter of fact, most of us do.
So I really feel that yes, I would like for all young people, all people to have access to education. And I think we're all talking about that. But we certainly don't want to see that those young people, especially since we now have in the City of New York, in schools, we have a very serious problem with suspensions.
And not only do we have a problem with suspensions, we have the police department in the schools. And we have passed legislation which leaves 16-year-olds -- younger, 6th-graders, middle-schoolers -- being eligible to be charged with felonies and thrown out of school before they graduate.
So there are many circumstances that young people find themselves in, and they may not be able to participate in school for many different reasons, some of them that they don't control.
So I am compelled to vote no on this legislation simply because it ties the assistance to poor people -- because I don't think anybody who is not poor is depending upon public assistance in this particular legislation. So it ties your ability to receive public assistance to whether or not you have a high school diploma or that you are actively participating in a high school diploma program.
And many of the people in my district, we've had to fight to get GED programs -- in my district, certainly. I don't know about other people.
So I really think that we're not going to go down this path, hopefully, that we're punishing people because they're poor, they need assistance, and in order to receive it they have to meet a standard that is not really required of many, many of us, those of us, all of whom, all of us, receive some form or other of public assistance.
But for this particular purpose, requiring these poor people, in order to receive their assistance, to have a high school diploma -- the next thing we'll do is they'll have to be drug-tested. And then we'll think of another reason for them to have to meet a standard that no other people have to meet.
So I vote no.
ACTING PRESIDENT CROCI:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I too have been paying very close attention to each of the responses today. And while I remember the Responsibility Act and what led up to it in terms of public assistance, let me just take you back a little bit to some of the discussions that have occurred today.
I listened to Senator Robach talk about the percentages of young people or young men particularly, men of color, who because of their lack of education --
SENATOR ROBACH:I never said "of color." I never said "of color."
ACTING PRESIDENT CROCI:Senator -- Senator Thompson. Senator Thompson.
SENATOR HASSELL-THOMPSON:I didn't say what you said, I said what I heard. I said what I heard.
ACTING PRESIDENT CROCI:Senator Thompson.
SENATOR HASSELL-THOMPSON:Right. In my hearing, it translated that the lack of education was a direct correlation to those who are either dead or in prison.
And in that context, it's very interesting that the very people who are touting this are the people who voted no on educating people who are in fact in prison. Because if you look at the literacy rate of those who are in prison, the most significant outstanding similarity are those who failed to be educated.
The other piece of this is that we have tried forcing particularly women to receive further education or work in order to get their public assistance. And some of that has been successful, but most of it has not. It has not because the kind of -- as soon as we seem to be having success with the programs that we've designed, somehow the federal funds or the state funds disappear.
So the program, while it was successful, helped a great number of people, but it did not break the generational cycle because some of the same situations that we're dealing with today, in our failure to support the amount of money necessary for community schools, are the things that our teachers are complaining about. All of these things are tied to each other. And teachers are saying that they don't have the opportunity to really teach in the classroom because of all the social and psychological issues that they have to deal with.
We have yet to deal with the whole generation of crack babies who are now in our school districts. And we have failed to recognize that the supports necessary for both the families and those children in order to be educated has not been addressed.
Let's look at what we failed to do with CFE. For 12 years, we fought CFE. We fought it and spent a tremendous amount of money in the courts challenging the court's decision. Once the judge put his foot down and said you've got to respond and we're not going to bring these cases back into the courts again, we began to say we were going to address the cases.
We've not done it. We have not yet seen in our budget -- not only have we not seen it, we have flatlined. And if you know anything about flatlining, Senator Hannon, you know that once you flatline, that means you're dead. And so we have flatlined education so that our children are not receiving the support levels that they really need in order to be successful.
Not only that, we've come across with a program that will punishes those schools that don't meet the standards. Now, why don't they meet the standards? Well, all the reasons that we've already said.
So we're in a cycle now -- and everybody is very frustrated. Trust me, Senator Young, I know that you're frustrated. I'm frustrated. And I want us to figure out a way that we can break the cycle of poverty, that we can break public assistance necessity from one generation to another.
But I think we're not going to do it in a punishment mode. I think we're going to do it when we really do establish an educational policy in this state that says we truly believe that every child deserves to be educated.
And we can get into the argument as to whether it should be done by Churchill Schools, charter schools, public education, parochial. But there is not a real discussion about does every child deserve to be educated. And when we have that discussion and we ensure that we put the money there and do not allow it to be taken in the General Fund and to fix roads and streets, and if we don't pit one community against another, support some school districts and not other school districts.
That's not a discussion about every child deserving. That's about whoever has the power in this -- you know, in this chamber, to be able to put money in your community while other communities are deprived. If we believe that every child should be educated, then that's what we should be saying, that should be what we're doing.
So in our budget discussions we've had the opportunity, we've closed prisons -- yes, we've closed prisons. Get over that. We've done it. But we're supposed to be using that money to do something productive. And I don't see that the money that presumably we've saved by closing prisons has been redirected in the manner that we said that we were going to do it.
When we begin to do that, and we've done everything that we can, then I am prepared to support legislation like this, because it says that we've done everything that we can and people just don't want to do better, and therefore they should be punished. But I don't believe that we've done it.
And I cannot believe with the thinkers, particularly with some of you who I get to talk to offline, what you talk about in here is not the same as we talk about offline. And I know that the intelligence is there, I know the commitment is there. But it is not demonstrated in the way in which we use our power as a legislature, as legislators in this legislative session, to be able to ensure that every child -- if we say it, believe it and then we act on it, that every child deserves to be educated, then and only then can we get the kind of consensus that says those that don't reach for it when it's offered don't deserve.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Seeing no further members wishing to be heard, debate is closed and the Secretary will ring the bell.
Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 120th day.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, I'm voting in favor. I just wanted to make a couple of comments about a couple of remarks.
One remark is that we are punishing the poor by requiring this education requirement.
ACTING PRESIDENT CROCI:The Senator will suspend.
Ladies and gentlemen, again if I could ask for your cooperation and have some order in the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: One comment was we're punishing the poor by requiring this education component to get social services. I -- I think what you're doing is trying to make sure that the poor are no longer poor and that they are in the position to better themself. And I think it's an outstanding requirement and it's very important.
The second part of it is we in this country have gotten to the point, at least some of us, that everybody's got rights, and they have a right to this, a right to that, a right to something else, but we forget about the responsibilities. And I think if the taxpayer is going to pay for others to get them out of a hole, there ought to be some responsibilities. And one of them, in this case, is education.
And I think it's a perfectly legitimate quid pro quo and it's very reasonable and it's very important to do this. And I'm happy that this bill is passing.
ACTING PRESIDENT CROCI:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I think that some people lost the focus of some of the debate and concern about the bill. I didn't hear anyone in this chamber saying we don't want to support young people, young adults getting a high school degree or a high school equivalency degree.
But speaking for myself, what I don't want to do is if some 17-year-old out there is having a problem that prevents him or her from completing school or is acting out in some way and needs assistance, I don't understand why we would take a policy to starve the younger children in that family as some kind of punishment for the 17-year-old who's failing to do so what they're supposed to do.
I think all kinds of programs and services are needed, should be there. The sponsor explained that there's exemptions in this bill, but unfortunately there isn't specific exemptions for when the teenager is acting out and the punishment will be taking away the mother and other members of the family's food and prorating their rent and leaving them in a situation where they all end up in the streets because of a teenager with a problem.
So I don't think we disagree about the importance of education, the value of helping move people up and out of poverty, support for more high school equivalency and other educational programs for people who did not complete high school in the traditional way.
But I also don't think, when people think about it, they really believe it's a good idea to punish an entire family with lack of -- with a risk of losing their ability to eat and pay their rent because there is one person in that household who has issues yet to be dealt with.
I vote no.
ACTING PRESIDENT CROCI:Senator Krueger to be recorded in the negative.
Senator Parker.
SENATOR PARKER:Thank you, Mr. President. To explain my vote.
Again, I really think that this bill is well-intentioned. I think that it doesn't go as far as it needs to go. And I certainly think that people in this chamber, particularly on my side of the aisle, are not at all indicating that responsibility should not go along with getting some kind of benefits.
That being said, members of the Senate, where's our responsibility? If you want to start talking about responsibility, where's our responsibility to educate folks in our communities in the first place? Where is the money for CFE, being that we're going to talk about responsibilities. What about the programs, what about music, art, athletics and dance as regular parts of the curriculum in all of the schools in the state, being that we're going to start talking about responsibilities.
Right? If we're going to talk about responsibilities, let's talk about getting rid of labor market discrimination. Where are we on that in this chamber, being that we're going to talk about responsibilities?
So I'm happy to have a conversation about responsibilities all day, but it needs to begin with this chamber. And let's, you know, before we get to all those other things, with our responsibility to the tenants in this state and get some proper rent laws passed before we go home.
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:In relation to Calendar 1485, those recorded in the negative are Senators Addabbo, Breslin, Comrie, Díaz, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Krueger, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera, Sampson, Sanders, Serrano, Squadron, Stavisky, and Stewart-Cousins.
Ayes, 40. Nays, 23.
ACTING PRESIDENT CROCI:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Yes, sir. We have a bill by Senator Amedore. It is --
ACTING PRESIDENT CROCI:The Secretary will read.
THE SECRETARY:Calendar Number 1628, by Senator Amedore, Senate Print 5421A, an act relating to.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Hi. Thank you, Mr. President.
I'm going to waive asking for an explanation and jump right into questions for the sponsor, if he'll yield.
ACTING PRESIDENT CROCI:Will the sponsor yield for a question?
SENATOR AMEDORE:I will.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Can he define for me what a capital acquisition fund is within OTB corporation law, and what it can be used for?
SENATOR AMEDORE:Well, Mr. President, the purpose of a capital acquisition fund is that the OTB corporation may create and establish a capital acquisition fund for the purpose of financing the acquisition, construction, or equipment of offices that facilitate the premise of the corporation.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR AMEDORE:Yes.
ACTING PRESIDENT CROCI:The sponsor will yield.
SENATOR KRUEGER:Thank you.
Do we have any recent examples of how many regional OTBs have been spending those funds as they were intended for, on capital upgrades?
SENATOR AMEDORE:Mr. President, can I hear the question again? It's hard to hear.
ACTING PRESIDENT CROCI:Will the Senator repeat the question?
SENATOR KRUEGER:Certainly.
ACTING PRESIDENT CROCI:I'd ask my colleagues and staff to please keep conversation to a minimum.
Senator Krueger.
SENATOR KRUEGER:Can the Senator offer me some recent examples of how our regional OTBs have been spending their funds for capital upgrades?
SENATOR AMEDORE:Mr. President, the regional OTBs have been barely remaining solvent. The Racing, Pari-Mutuel Wagering and Breeding Laws have been outdated and become very burdensome to OTBs. And it's cost a tremendous amount of operating dollars, some of the laws that they have.
And so what they are finding is in order for them to stay afloat, stay operational after they have cut many of their operating expenses, they have gone to laying off their workforce. And all along, they see that their CAF, their capital acquisition fund, is sitting there with millions of dollars that they cannot use to help them stay afloat for job retention and for helping them with their corporate purposes and expenses.
So this bill would allow the OTBs to have access to their capital acquisition fund up to $500,000, one time a year, that they will also write a letter to and request from the New York State Gaming Commission. And when and if they so choose to tap into that fund, the Gaming Commission will require them to pay back up to -- or at least, I should say, at least 10 percent of that amount to those counties that they operate in.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor yield?
SENATOR AMEDORE:Yes, I will.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So a regional OTB -- and I believe we have the Capital Region, the Catskill Region, Nassau, Western and Suffolk are the existing OTBs -- that they could distribute up to $500,000 a year. And how much of that would go to the actual counties in each region?
SENATOR AMEDORE:Can you repeat the question?
ACTING PRESIDENT CROCI:Will the Senator repeat the question?
SENATOR KRUEGER:Certainly.
So each OTB, under this law, would be allowed to draw down up to $500,000 per year from their existing capital acquisition fund. And then how much of that money would be shared with the counties in their region?
SENATOR AMEDORE:So the regional OTBs, whether it's Western, Suffolk, Catskill or Capital OTBs, will have access, again, up to $500,000.
And I know, for instance, Capital OTB represents 16 counties as well as the City of Schenectady, and so they would then have to pay at least 10 percent of that amount to those counties and then proportionate it out according to the census and population of those counties.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR AMEDORE:Yes, I will, Mr. President.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So my understanding is that at least 10 percent of that $500,000 has to be distributed to the counties within the respective region. Is my understanding correct?
SENATOR AMEDORE:Yes.
SENATOR KRUEGER:And then through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:The sponsor yields?
SENATOR AMEDORE:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Was part of his last answer also that that distribution would be weighted to population per county in a region?
SENATOR AMEDORE:Yes.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:The sponsor yields.
SENATOR AMEDORE:Yes.
SENATOR KRUEGER:So if a region had 10 counties and 10 percent was going to the counties, that would be $50,000 to be split in a weighted average among 10 counties? Am I reading that correctly?
SENATOR AMEDORE:Yes. Depending on, again, the population of those counties.
SENATOR KRUEGER:Which is why I said "weighted." Thank you.
Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Does the sponsor yield?
SENATOR AMEDORE:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Would the sponsor agree that the original intent of OTBs was to provide economic support for the counties that they were located within and serving?
SENATOR AMEDORE:Yes, Mr. President. And that's -- you know, OTBs are public benefit corporations. And that's exactly the reason why we should be allowing them to have access to these funds, so that they can stay afloat, so that they can make sure that they are that public benefit, and paying the local counties the dollar amounts that they do.
Because right now they are having very difficult times staying afloat, and it would be more of a burden to the taxpayer in these counties as well.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Does the sponsor yield?
SENATOR AMEDORE:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:So take any regional OTB, $500,000 per year can be taken, $50,000 at minimum is provided to county or counties, on a weighted average of population if it's multiple counties.
What are they doing with the other $450,000 each year?
SENATOR AMEDORE:They're using it for corporate purposes, for operation expenses.
SENATOR KRUEGER:Through you, Mr. President, could the sponsor define for me a little more what the corporate purpose expenditures are?
SENATOR AMEDORE:Oh, lights, heat, payroll burdens, insurance. Employment. Paper, pencils, paper clips.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT CROCI:Will the sponsor continue to yield?
SENATOR AMEDORE:Yes.
ACTING PRESIDENT CROCI:Senator Krueger.
SENATOR KRUEGER:Thank you.
Will any of those activities likely increase the economic stability or expansion of OTB? The sponsor I think right articulated that OTBs are not doing that well and that is why they need money. But will spending this money in that way increase the likelihood that OTB will be more successful in the coming years?
Because you're actually take it away from the capital monies which actually might expand and improve the facilities in the counties. So how will this money shift, out of capital improvements to corporate activities and operating costs, increase the likelihood that OTB doesn't -- OTBs don't find themselves further in the hole each year of this activity?
SENATOR AMEDORE:Mr. President, OTBs are not buying new buildings, they're not acquiring, they're not making these significant improvements as they once did.
And, you know, the wagering industry, the gaming industry is changing. They are finding it very difficult to make ends meet. So they would use some of these funds that are sitting there stagnant that they can't have access to for job retention, hoping that the industry would turn around so that more people would make exotic wagers and that there would be a kind of a boom in the racing industry so that there would be more revenue coming in in future years and that they could then expand.
Every single time there is a wager placed, an exotic wager, there is a 1 percent surcharge that gets put to this fund. So the fund will always be replenished and there would there will always be funds available for them to expand.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT CROCI:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank the sponsor for his answers.
I know that the OTBs very much want this, and I do not fault the sponsor for carrying this bill. But for the record, we lived through this in New York City for a very long time. We kept watching OTB spend money on all kinds of things other than ways to increase their profit margin for more people using OTB facilities. They got themselves into a serious hole. I think the state even spent money out of the education funds to help OTB at one time, or at least to lend them money.
I'm always finding myself on this floor saying I'm not actually against gambling, I just seem to be against all the ways we do it here in New York. We put the racinos at the racetracks in the belief that it would increase people's interest in betting on horse races and a rising tide would lift all boats and would help the racehorse industry, the breeding industry and OTB. That hasn't been the case. In fact, just the opposite.
Now we hear OTB saying they want to take money from their capital funds, which conceivably could be used to expand, modernize, improve the kinds of locations they operate, where perhaps they could figure out a model for getting more people interested in coming there to bet in some way on races or other activities. But if they have less money for that, they won't be able to do that.
I wish that the sponsor was submitting a plan to us tonight on how we actually can make OTBs an economically justifiable activity to be run affiliated with government or by governments. I don't think anybody has that plan. I don't fault them. Again, New York City had endless six-month, one-year emergency plans with very expensive consultants, and then ultimately of course collapsed.
The story may be that OTBs will collapse. I just don't know that we want to have, over who knows how many years, larger amounts of money go into a failed model where the money proposal or the proposal for how this money would be spent doesn't give me any belief it's going to be used to move into a model that can be economically successful.
I don't think New York State is very good at running gambling. Maybe we should contract it all out to someone else. But I do know that unfortunately, this is not a model that is sustainable even if we let them suck some money out of one fund to try to feed themselves for a few more years.
I can't justify a yes vote. I vote no, Mr. President. But I appreciate the sponsor's trying to do what he believes could possibly be done I guess to drag out the pain for a few more years.
Thank you, Mr. President.
ACTING PRESIDENT CROCI:Senator Libous.
SENATOR LIBOUS:Can we close debate, please.
ACTING PRESIDENT CROCI:Seeing no other members wishing to speak, the debate is closed. The Secretary will ring the bell.
SENATOR LIBOUS:Mr. President, on unanimous consent, can we restore this vote to noncontroversial, please.
ACTING PRESIDENT CROCI:On unanimous consent, this bill is moved to the noncontroversial calendar.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT CROCI:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT CROCI:Announce the result.
THE SECRETARY:Ayes, 61. Nays, 2. Senators Hamilton and Krueger recorded in the negative.
ACTING PRESIDENT CROCI:The bill is passed.
THE SECRETARY:Also Senator Hassell-Thompson.
Ayes, 60. Nays, 3.
ACTING PRESIDENT CROCI:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Thank you.
Could we go back to motions, please.
ACTING PRESIDENT CROCI:Motions and resolutions.
Senator Libous.
SENATOR LIBOUS:I'd like to call up Senate Print 4402, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT CROCI:The Secretary will read the title of the bill.
THE SECRETARY:Calendar Number 682, by Senator Martins, Senate Print 4402, an act to amend the Workers' Compensation Law.
SENATOR LIBOUS:I'm sorry, Mr. President. Now I move to reconsider the vote by which this bill was passed.
ACTING PRESIDENT CROCI:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
SENATOR LIBOUS:I now hand up the following amendments.
ACTING PRESIDENT CROCI:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
SENATOR LIBOUS:Could you call on Senator Serrano for an announcement, please.
ACTING PRESIDENT CROCI:Senator Serino.
SENATOR SERRANO:Serrano, Serino, it's all the same.
(Laughter.)
ACTING PRESIDENT CROCI:Serrano. Senator Serrano.
SENATOR SERRANO:Serino, Serrano, Savino --
(Laughter.)
SENATOR SERRANO:Thank you.
There will be an immediate meeting of the Senate Democratic Conference in Room 315.
ACTING PRESIDENT CROCI:There will be an immediate meeting of the Senate Democratic Conference in Room 315.
Senator Libous.
SENATOR LIBOUS:There will be a Finance Committee meeting at 7:00 in Room 332.
In the meantime, the Senate will stand at ease.
ACTING PRESIDENT CROCI:There will be a Finance Committee meeting in Room 332 at 7:00.
The Senate stands at ease.
(Whereupon, the Senate stood at ease at 6:22 p.m.)
(Whereupon, the Senate reconvened at 8:02 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, Mr. President, I understand there's a report of Finance Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a report of the Finance Committee before the desk, Senator DeFrancisco.
The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nominations.
As commissioner of the New York State Office of Temporary and Disability Assistance, Samuel Roberts, of Syracuse.
As trustees of the Power Authority of the State of New York: Anthony J. Picente, Jr., of Rome, and Tracy McKibben, of New York.
As members of the Public Employee Relations Board: Allen C. DeMarco, of Watervliet, and Robert S. Hite, of Albany.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I'd like to move all of the nominations and then request if any of the Senators would like to speak on any of the nominees, one being present, Samuel Roberts.
ACTING PRESIDENT GRIFFO:The question is on the nominations that have been read before the house and presented through the Finance Committee for the positions so designated and read by the Secretary.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The individuals are hereby confirmed.
And I will call upon any member who wishes to speak at this point in time.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, as you can see, many members have been scattered around the Capitol. And if anyone can understand that, no one can understand it better than Sam Roberts, the nominee, because he's participated in this process for some time.
And I just wanted to rise since I've known Sam for many, many years. By the way, this just occurred to me -- you can sit down, Sam, we'll get you to later.
(Laughter.)
SENATOR DeFRANCISCO: This just occurred to me. I remember a jazz festival when Sam and I were downtown listening to the jazz, and Sam was behind me with a friend. And that friend, if anybody has seen the Animal House -- Animal House, you seen that movie? Now I'm making a blank here.
MR. ROBERTS:(From gallery.) Otis Day.
SENATOR DeFRANCISCO: Otis Day, my man. Otis, my man. It's a friend of Sam. Sam's got friends in every walk of life, and I've met so many people by knowing Sam.
The interesting thing about his background is that the position that he has been nominated to, the commissioner of Office of Temporary and Disability Assistance -- Sam's gone through some hard times, when he was a young boy and thereafter, and he knows what it's like. So here's a person that -- and it's a success story, an American success story, to commissioner in the State of New York. It's an amazing success story. And he's got the formula for other people that will be coming to his commission to figure out -- so they can -- he's a role -- he'll be a role model so they can follow his footsteps to become a successful human being and as a person who's looked up to by many people.
So for those reasons, I compliment the Governor for an outstanding appointment, and I wish Sam the best of luck in his new position.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco, we're going to take the nominations up individually because there's only three categories.
So on the appointment and nomination of Sam Roberts, of Syracuse, as commissioner of the New York State Office of Temporary and Disability Assistance, all in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Sam Roberts is hereby confirmed as commissioner of the New York State Office of Temporary and Disability Assistance.
Congratulations, Commissioner Roberts. Best of luck.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:Sam is joined in the gallery today with his family.
We appreciate you being here. We wish you the best of luck and look forward to working with you, Sam. Congratulations.
MR. ROBERTS:(From gallery.) Excuse me, Senator, is this where I cry?
(Laughter.)
ACTING PRESIDENT GRIFFO:I would need to get you a towel for that, Sam.
MR. ROBERTS:(From gallery.) I just want to thank everyone.
ACTING PRESIDENT GRIFFO:The question is on the nominees as trustees of the Power Authority of the State of New York: Anthony J. Picente, Jr., of Rome, and Tracy McKibben, of New York. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Anthony J. Picente, Jr., and Tracy McKibben are hereby confirmed as trustees of the Power Authority of the State of New York.
The question is on members of the Public Employment Relations Board, those before the house: Allen C. DeMarco, of Watervliet, and Robert S. Hite, of Albany.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Allen C. DeMarco and Robert S. Hite are hereby confirmed as members of the Public Employment Relations Board.
Senator DeFrancisco, that concludes the reading and confirmations.
SENATOR DeFRANCISCO: I'd like to now call an immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332.
SENATOR DeFRANCISCO: And until then, we'll stand at ease.
ACTING PRESIDENT GRIFFO:The Senate will stand temporarily at ease.
(Whereupon, the Senate stood at ease at 8:07 p.m.)
(Whereupon, the Senate reconvened at 8:39 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:I believe there's a report of the Rules Committee at the desk. Could we have it read at this time.
ACTING PRESIDENT GRIFFO:Could I have some order in the chamber, please.
The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 557, by Senator Parker, an act to amend the Mental Hygiene Law;
Senate 1148, by Senator Avella, an act to establish;
Senate 1336, by Senator Little, an act to amend the Tax Law;
Senate 1684B, by Senator Little, an act to amend the Lien Law;
Senate 2175, by Senator Robach, an act to amend the Education Law;
Senate 2332A, by Senator Dilan, an act to authorize;
Senate 2824, by Senator Lanza, an act to amend the Education Law;
Senate 2903A, by Senator Farley, an act to amend the Tax Law;
Senate 2970B, by Senator Golden, an act to amend the General Business Law;
Senate 4192, by Senator Robach, an act to authorize;
Senate 4229A, by Senator Kennedy, an act to amend the Real Property Tax Law;
Senate 4350A, by Senator Avella, an act to amend the Public Authorities Law;
Senate 4681, by Senator Golden, an act to amend the Tax Law;
Senate 4799A, by Senator LaValle, an act to grant;
Senate 5046A, by Senator Avella, an act to amend the Vehicle and Traffic Law;
Senate 5075, by Senator Seward, an act to amend the Tax Law;
Senate 5129, by Senator Martins, an act to amend the General Municipal Law;
Senate 5162, by Senator Boyle, an act to amend the Tax Law --
ACTING PRESIDENT GRIFFO:I'm going to need some order in the chamber in order for the stenographer to be able to hear the reading and to properly document.
The Secretary will continue.
THE SECRETARY:-- Senate 5171A, by Senator Ritchie, an act to amend the Tax Law;
Senate 5317B, by Senator Young, an act to amend the Tax Law;
Senate 5425A, by Senator O'Mara, an act to authorize;
Senate 5689, by Senator Croci, an act authorizing;
Senate 5695, by Senator DeFrancisco, an act to amend the Labor Law;
Senate 5725, by Senator Lanza, an act to amend the General Municipal Law;
Senate 5786, by Senator Ritchie, an act to amend the Tax Law;
Senate 5796, by Senator Savino, an act to amend the Civil Service Law;
Senate 5808A, by Senator Bonacic, an act permitting;
Senate 5826A, by Senator Lanza, an act to amend the Real Property Tax Law;
Senate 5956, by Senator Gallivan, an act to amend the Executive Law;
Senate 5957, by Senator Croci, an act to amend the Executive Law;
Senate 5966, by Senator Venditto, an act to amend the General Business Law;
Senate 5969, by Senator Golden, an act to amend the Executive Law;
Senate 5970, by Senator Gallivan, an act to amend the Executive Law;
Senate 715, by Senator Avella, an act to amend the Education Law;
Senate 3805, by Senator Parker, an act to amend the Domestic Relations Law;
Senate 5205B, by Senator Griffo, an act to amend the Public Service Law;
And Senate 5515, by Senator Avella, an act to amend Part I of Chapter 58 of the Laws of 2014.
All bills reported direct to third reading.
SENATOR LIBOUS:Move to accept the report of the Rules Committee.
ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Rules report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The report is before the house.
Senator Libous.
SENATOR LIBOUS:Thank you, Mr. President. Could we now have the noncontroversial reading of Supplemental Calendar 55B, please.
ACTING PRESIDENT GRIFFO:We will begin the reading of Supplemental Calendar 55B. The Secretary will read.
THE SECRETARY:Calendar Number 1766, by Senator Parker, Senate Print 557, an act to amend the Mental Hygiene 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 1767, by Senator Avella, Senate Print 1148, an act to establish.
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 1768, Senator Little moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 6313 and substitute it for the identical Senate Bill Number 1336, Third Reading Calendar 1768.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1768, by Member of the Assembly Duprey, Assembly Print Number 6313, 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:We are on Calendar Number 1768.
The Secretary will announce the results.
THE SECRETARY:In relation to Calendar 1768, those recorded in the negative are Senators Carlucci, Croci, Dilan, Funke, Kennedy, Murphy, Ortt and Panepinto.
Ayes, 55. Nays, 8.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1769, by Senator Little, Senate Print 1684B, an act to amend the Lien 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 1769, those recorded in the negative are Senators Dilan, Krueger and Panepinto.
Ayes, 60. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1770, by Senator Robach, Senate Print 2175, 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:Calendar Number 1771, by Senator Dilan, Senate Print 2332A, 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, 62. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1772, by Senator Lanza, Senate Print 2824, 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 1773, by Senator Farley, Senate Print 2903A, 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:Senator Farley to explain his vote.
SENATOR FARLEY:Thank you.
This is a very significant piece of legislation. In 1981, the first $20,000 of a private pension was exempted from state tax. It has not been raised since then. We have retirees leaving this state at an alarming rate.
This could actually have a positive effect on our tax situation. It raises it up in stages to what it would be by the cost of living in three or four years. It's a great bill and one that I think is very positive for this state and could be positive for the revenue stream and also positive to keep retirees in this state.
I urge a yes vote. Thank you.
ACTING PRESIDENT GRIFFO:Senator Farley to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1774 is high and will be laid aside.
Calendar Number 1775, by Senator Robach, the Secretary will read.
THE SECRETARY:In relation to Calendar 1775, Senator Robach moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 989 and substitute it for the identical Senate Bill 4192, Third Reading Calendar 1775.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1775, by Member of the Assembly Rodriguez, Assembly Print 989, 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:Calendar Number 1776, by Senator Kennedy, Senate Print 4229A, 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 Panepinto to explain his vote.
SENATOR PANEPINTO:Yes, on Senator Kennedy's bill, I'm voting in support of the bill. But I think, you know, we need to make some common-sense amendments to it in the future which would protect single-family homeowners from being caught up in fines and tax liens.
ACTING PRESIDENT GRIFFO:Senator Panepinto to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1777, by Senator Avella, Senate Print 4350A, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect one year after it shall have become a law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1778, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 6809 and substitute it for the identical Senate Bill Number 4681, Third Reading Calendar 1778.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1778, by Member of the Assembly Weprin, Assembly Print Number 6809, 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. Nays, 1. Senator Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1779, by Senator LaValle, Senate Print 4799A, an act to grant.
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 1780, by Senator Avella, Senate Print 5046A, 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, 62. Nays, 1. Senator Marchione recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1781, by Senator Seward, Senate Print 5075, 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 1781, those recorded in the negative are Senators Carlucci, Croci, Funke, Kennedy, Murphy, Ortt and Panepinto.
Ayes, 56. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1782, by Senator Martins, Senate Print 5129, an act to amend the General Municipal 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 1783, by Senator Boyle, Senate Print 5162, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 7. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1784, by Senator Ritchie, Senate Print 5171A, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect December 1, 2015.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:The Secretary will announce the results.
THE SECRETARY:In relation to Calendar 1784, those recorded in the negative are Senators Carlucci, Croci, Funke, Kennedy, Ortt and Panepinto.
Ayes, 57. Nays, 6.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1785, by Senator Young, Senate Print 5317B, an act to amend the Tax 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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1785, those recorded in the negative are Senators Carlucci, Croci, Funke, Kennedy, Ortt and Panepinto.
Ayes, 57. Nays, 6.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1786, by Senator O'Mara, Senate Print 5425A, an act to authorize.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read.
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 1787, Senator Croci moves to discharge, from the Committee on Rules, Assembly Bill Number 6875B and substitute it for the identical Senate Bill Number 5689, Third Reading Calendar 1787.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1787, by Member of the Assembly Graf, Assembly Print Number 6875B, an act 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, 62. Nays, 1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1788, by Senator DeFrancisco, Senate Print 5695, an act to amend the Labor Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you very much.
This legislation on its face accomplishes an admirable goal by applying debarment rules for contractors who fail to pay prevailing wage at the federal level on state contracts. I agree contractors who don't play by the rules should not be allowed to bid on a state contract. Unfortunately, this legislation also contains a poison pill that forces me to vote no.
Buried in this bill is language allowing state contracts to use the federal Davis-Bacon prevailing wage annualization standard. While the standard is quite technical in how it allows contractors to calculate the total wages and benefits paid to prevailing-wage employees, the bottom line is the federal annualization standard would allow contractors to reduce the wages and benefits paid to employees in New York State contracts.
Because I don't believe that we should be lowering our labor standards for jobs created by state contracts, I am forced to vote no on this bill.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes. I understand that the fact that the debarment proceedings will not be required in New York State if there's been a federal debarment. And what that request was, and I definitely support that part of the bill, what the point of that was is to -- it was a bill supported by the unions in order to comply with the federal standards in the Davis-Bacon Act. And that's a good thing on that respect.
The other part of the bill is not a poison pill, it's just a matter of fairness. And it's fairness because the way the benefits are calculated under New York calculation ends up charging employers more than they should pay by making it more skewed toward the union wage when they're doing union jobs as far as the calculation, rather than the regular wage when they're not doing union.
So my point was if you're going to adopt the Davis-Bacon standards when it helps you, the union officials, it is makes no sense to me why there couldn't be a correspondent relationship when it helps the employers.
And it's hurting -- if we don't do this second half of the bill, it's hurting employees. Because the only way the employers can get away from this extra amount they have to put away by this calculation is to pay the employee an additional amount in cash rather than putting it in a pension fund.
And you know what happens to cash -- I'll be right with you. You know what happens when you get cash, you spend it. And these employees, union employees, result in no pension on those jobs.
So it's a balanced act. If you want the Davis-Bacon Act for one point, you should want it for the other in the interests of fairness and in the interest of getting union employees some pensions as opposed to cash that's spent.
I vote aye.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco in the affirmative.
Those in the negative please raise your hands again.
The Secretary will announce the results.
THE SECRETARY:In relation to Calendar 1788, those recorded in the negative are Senators Comrie, Dilan, Espaillat, Gianaris, Hoylman, Kennedy, Krueger, Martins, Montgomery, Murphy, Panepinto, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky. Also Senator Hamilton.
Ayes, 44. Nays, 19.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1789, by Senator Lanza, Senate Print 5725, an act to amend the General Municipal 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 1790, by Senator Ritchie, Senate Print 5786, 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 first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1790, those recorded in the negative are Senators Carlucci, Croci, Funke, Kennedy, Ortt and Panepinto. Also Senator Murphy.
Ayes, 56. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1791, by Senator Savino, Senate Print 5796, an act to amend the Civil Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60. Nays, 3. Senators DeFrancisco, Ortt and Ranzenhofer recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1792, by Senator Bonacic, Senate Print 5808A, an act permitting.
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 1793, by Senator Lanza, Senate Print 5826A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you, Mr. President.
I rise to support this bill. We've actually done two good housing bills today while we will leave the other 2 million people out there hoping. But I want to thank Senator Lanza for this important bill for residents in apartments in SCRIE/DRIE where a family member passes away.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1794, by Senator Gallivan, Senate Print 5956, 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 1795, by Senator Croci, Senate Print 5957, 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.
THE SECRETARY:Calendar Number 1796, by Senator Venditto, Senate Print 5966, an act to amend the General Business 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1797, by Senator Golden, Senate Print 5969, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 21. 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 1798, by Senator Gallivan, Senate Print 5970, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 20. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous, that completes the complete noncontroversial reading of Senate Supplemental Calendar 55B.
SENATOR LIBOUS:Mr. President, that's very good news, because now we're going to read the noncontroversial reading of Supplemental Calendar 55C.
ACTING PRESIDENT GRIFFO:Supplemental Calendar 55C, the Secretary will read.
THE SECRETARY:Calendar Number 1799, by Senator Avella, Senate Print 715, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect July 1, 2017.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1799, those recorded in the negative are Senators Amedore, Bonacic, Croci, DeFrancisco, Funke, Hannon, Larkin, Marchione, Murphy, Nozzolio, Ortt, Serino, Skelos and Young. Also Senator Little. Also Senator Farley. Also Senator Ranzenhofer. Also Senator Griffo.
Ayes, 45. Nays, 18.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1800, by Senator Parker, Senate Print 3805, an act to amend the Domestic Relations Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 6. This act shall take effect on the first of November.
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 1801, by Senator Griffo, Senate Print 5205B, 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 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 1802, by Senator Avella, Senate Print 5515, an act to amend Part 1 of Chapter 58 of the Laws of 2014.
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.
Senator DeFrancisco, that completes the complete reading of the noncontroversial calendar of Senate Supplemental Calendar 55C.
SENATOR DeFRANCISCO: Mr. President, would you now recognize Senator Valesky for a motion.
ACTING PRESIDENT GRIFFO:Senator Valesky.
SENATOR VALESKY:Thank you, Mr. President.
I at this time wish to call up Senator Avella's bill, Print 4686, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 1708, by Senator Avella, Senate Print 4686, an act to amend the Environmental Conservation Law.
SENATOR VALESKY:Mr. President, I now move to reconsider the vote by which this bill was passed, for the purpose of restoring it to its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The Secretary will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill will be restored to third reading.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I have handed up various committee assignments. Do you have them at the desk?
ACTING PRESIDENT GRIFFO:The committee assignments are received, and they shall be so ordered to be put into the record.
SENATOR DeFRANCISCO: And would you please lay aside for the day all bills that remain.
ACTING PRESIDENT GRIFFO:All bills that remain outstanding shall be laid aside for the day.
SENATOR DeFRANCISCO: And is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There presently is no further business before the desk.
SENATOR DeFRANCISCO: That being the case, we will adjourn until Thursday, June 18th, at 12:00 p.m.
ACTING PRESIDENT GRIFFO:The Senate will stand adjourned until Thursday, June 18th, at 12:00 noon.
The Senate stands adjourned.
(Whereupon, at 9:09 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.