Gaveled in 2:28 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 18, 2015
2:28 p.m.
REGULAR SESSION
SENATOR JOSEPH GRIFFO, Acting President
FRANCIS W. PATIENCE, Secretary
P R O C E E D I N G SACTING PRESIDENT GRIFFO:The Senate will come to order.
I ask all present to please rise and join with me as we recite the Pledge of Allegiance to our Flag.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT GRIFFO:Today's invocation will be offered by the Reverend Peter G. Young, of the Mother Teresa Community in Albany.
Father.
REVEREND YOUNG:Thank you, Senator.
Let us pray.
As we prepare for the concluding days of this session and have the time to return to your constituents with the news of the accomplishments, we pray that the long hours and dedicated legislative efforts will be appreciated by our citizens of our great Empire State.
Too frequently people have a lack of knowledge of the details of our legislative process and of the vetting of the committees, and the assignments. But You, O God, know the hearts and the good intentions that our Senators have attempted to provide to our New York State citizens.
Our prayer is today the priority to give back again to the Senate members and their staff, to thank them for the participation in our democratic process and for their sincere attempt to resolve many controversial issues of this past year's agenda.
We ask, O God, to soon grant them the good health and the opportunity to enjoy their summer recess and to regain their strength with their families and their friends. May they accept the challenge of their political experience and return again with energy and dedication, with Your blessing, O God.
Amen.
SENATOR LIBOUS:Father Young, may we ask for maybe a prayer and a moment of silence for the people who died in Charleston last evening.
REVEREND YOUNG:Dear God, with the horrible experience of watching what happened in Charleston, may we again pray that these people that have been killed in that very, very hateful kind of an event -- to see these members attending and reading the word of God and then interrupted by that gunfire, we pray that their souls will be quickly rewarded by God in heaven.
We ask You this through Christ, our Lord.
Amen.
ACTING PRESIDENT GRIFFO:Thank you, Father.
The reading of the Journal.
THE SECRETARY:In Senate, Wednesday, June 17th, the Senate met pursuant to adjournment. The Journal of Tuesday, June 16th, 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 Civil Service and Pensions, Assembly Bill Number 4610 and substitute it for the identical Senate Bill Number 3524, Third Reading Calendar 246.
On page 8, Senator Amedore moves to discharge, from the Committee on Local Government, Assembly Bill Number 5517 and substitute it for the identical Senate Bill Number 3950, Third Reading Calendar 263.
On page 17, Senator Stewart-Cousins moves to discharge, from the Committee on Rules, Assembly Bill Number 6191 and substitute it for the identical Senate Bill Number 4486, Third Reading Calendar 617.
On page 22, Senator Hassell-Thompson moves to discharge, from the Committee on Local Government, Assembly Bill Number 6569 and substitute it for the identical Senate Bill Number 4397, Third Reading Calendar 836.
On page 24, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7261A and substitute it for the identical Senate Bill Number 5231A, Third Reading Calendar 915.
On page 25, Senator Marcellino moves to discharge, from the Committee on Rules, Assembly Bill Number 7683A and substitute it for the identical Senate Bill Number 5452B, Third Reading Calendar 1026.
On page 26, Senator Hannon moves to discharge, from the Committee on Rules, Assembly Bill Number 1327A and substitute it for the identical Senate Bill Number 4922A, Third Reading Calendar 1062.
On page 29, Senator Klein moves to discharge, from the Committee on Insurance, Assembly Bill Number 6846 and substitute it for the identical Senate Bill Number 1529, Third Reading Calendar 1113.
On page 29, Senator Avella moves to discharge, from the Committee on Rules, Assembly Bill Number 5926 and substitute it for the identical Senate Bill Number 5519A, Third Reading Calendar 1123.
On page 30, Senator Stewart-Cousins moves to discharge, from the Committee on Rules, Assembly Bill Number 6333 and substitute it for the identical Senate Bill Number 4369, Third Reading Calendar 1207.
On page 32, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 7637 and substitute it for the identical Senate Bill Number 5691, Third Reading Calendar 1231.
On page 32, Senator Latimer moves to discharge, from the Committee on Local Government, Assembly Bill Number 5521 and substitute it for the identical Senate Bill Number 4604, Third Reading Calendar 1237.
On page 34, Senator Funke moves to discharge, from the Committee on Rules, Assembly Bill Number 1034A and substitute it for the identical Senate Bill Number 3621A, Third Reading Calendar 1302.
On page 36, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 4969B and substitute it for the identical Senate Bill Number 3203A, Third Reading Calendar 1391.
And on page 20, Senator Golden moves discharge, from the Committee on Rules, Assembly Bill Number 6771A and substitute it for the identical Senate Bill Number 4907, Third Reading Calendar 697.
ACTING PRESIDENT GRIFFO:The substitutions are so ordered as presented and 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 want to try to give the members a little flavor for what may or may not happen today. I think I was fairly accurate yesterday, and I'll try to be fairly accurate today.
There will be committee meetings called off the floor. There will be times that the Senate will stand at ease because of backroom operations that have to take place. But our goal is to get a lot of work done, to do several Rules Committee meetings, and to come out and pass quite a few bills.
So with that said, there will be an immediate meeting of the Rules Committee in Room 332, and the Senate will stand at ease.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332.
The Senate shall stand at ease.
(Whereupon, the Senate stood at ease at 2:35 p.m.)
(Whereupon, the Senate reconvened at 3:03 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator Libous.
SENATOR LIBOUS:Mr. President, I believe there's a report of the Rules Committee at the desk. Could we have it read at this time.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 281A, by Senator LaValle, an act to amend the Education Law;
Senate 750, by Senator Kennedy, an act to amend the Penal Law;
Senate 2057, by Senator Flanagan, an act to amend the General Municipal Law;
Senate 2435, by Senator Gianaris, an act to amend the New York City Civil Court Act;
Senate 2460, by Senator Perkins, an act to amend the Public Authorities Law;
Senate 2967A, by Senator DeFrancisco, an act to amend the Tax Law;
Senate 3005, by Senator Addabbo, an act to amend the Tax Law;
Senate 3191, by Senator Stavisky, an act to amend the Vehicle and Traffic Law;
Senate 3757, by Senator Golden, an act to amend the State Finance Law;
Senate 3856, by Senator Marchione, an act to amend the State Law;
Senate 3940, by Senator Flanagan, an act to amend the Penal Law;
Senate 4094, by Senator Libous, an act to amend the Mental Hygiene Law;
Senate 4114, by Senator Nozzolio, an act authorizing;
Senate 4158, by Senator Panepinto, an act to amend the Agriculture and Markets Law;
Senate 4219, by Senator Flanagan, an act to amend the Vehicle and Traffic Law;
Senate 4401, by Senator Boyle, an act in relation to;
Senate 4577A, by Senator Boyle, an act in relation to;
Senate 4650A, by Senator Stavisky, an act to authorize;
Senate 4757, by Senator Breslin, an act to amend the Executive Law;
Senate 4829A, by Senator Ranzenhofer, an act to amend the Public Authorities Law;
Senate 4893, by Senator Hannon, an act to amend the Social Services Law;
Senate 4972, by Senator Hoylman, an act directing;
Senate 5012, by Senator Golden, an act to amend the Retirement and Social Security Law;
Senate 5069A, by Senator Flanagan, an act to amend the Education Law;
Senate 5196A, by Senator Ranzenhofer, an act to amend the Real Property Tax Law;
Senate 5238, by Senator Murphy, an act to amend the Vehicle and Traffic Law;
Senate 5240, by Senator Savino, an act to amend the Civil Rights Law;
Senate 5369, by Senator Perkins, an act to amend the Administrative Code of the City of New York;
Senate 5387B, by Senator Avella, an act to amend the Education Law;
Senate 5428A, by Senator Rivera, an act to amend the Correction Law;
Senate 5436A, by Senator Latimer, an act to amend the Vehicle and Traffic Law;
Senate 5607, by Senator LaValle, an act to amend the Education Law;
Senate 5668, by Senator Gallivan, an act to amend the Vehicle and Traffic Law;
Senate 5718, by Senator Farley, an act directing;
Senate 5785, by Senator Golden, an act to amend the Retirement and Social Security Law;
Senate 5798, by Senator Marcellino, an act to amend the Public Authorities Law;
Senate 5848, by Senator Comrie, an act to amend the Not-For-Profit Corporation Law;
Senate 5851, by Senator Latimer, an act relating to;
Senate 5856, by Senator Golden, an act to amend the Real Property Tax Law;
Senate 5868A, by Senator Ranzenhofer, an act to amend the Not-For-Profit Corporation Law;
Senate 5902, by Senator Serino, an act to amend the Public Health Law;
Senate 5908, by Senator Funke, an act to amend the Election Law;
Senate 5955, by Senator Klein, an act to amend the Vehicle and Traffic Law;
Senate 5977, by Senator Bonacic, an act to amend the Criminal Procedure Law;
Senate 5978A, by Senator Gallivan, an act to amend the Correction Law;
Senate 5980, by Senator Serino, an act to amend the Education Law;
And Senate 5987, by Senator Robach, an act to amend a chapter of the Laws of 2015.
All bills reported direct to third reading.
SENATOR LIBOUS:Mr. President, move to accept the Rules report.
ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Rules report signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Committee on Rules report has been accepted and is before the house.
SENATOR LIBOUS:Mr. President, there will be an immediate meeting of the Higher Education Committee in Room 332.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Higher Education Committee in Room 332.
SENATOR LIBOUS:And if at this time we could proceed with the noncontroversial reading of the calendar.
ACTING PRESIDENT GRIFFO:We will begin with the noncontroversial reading of today's active list.
The Secretary will read.
THE SECRETARY:Calendar Number 191, by Senator Bonacic, Senate Print 1607, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Avella recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 246, substituted earlier by Member of the Assembly Abbate, Assembly Print Number 4610, 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.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:If I could -- I just called the Higher Ed Committee prematurely. So if the members from Higher Ed would stay in the chamber. When the chairman and the ranking member of the Higher Ed Committee are ready, we will then call the committee to commence.
So right now I rescind the call of the Higher Ed Committee and ask that members please come back to the chamber. Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Libous. Just like a professor in class.
The Secretary will continue, and the Higher Education Committee meeting is on hold.
THE SECRETARY:In relation to Calendar 246: Ayes, 62. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 248, by Senator Addabbo, Senate Print 4113, an act to amend the Civil Service Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 263, substituted earlier by Member of the Assembly Santabarbara, Assembly Print 5517, 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 9. This act shall take effect January 1, 2017.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 335, by Senator Young, Senate Print 3010, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 406, by Senator DeFrancisco, Senate Print 2924, an act to amend the State Finance 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 468, by Senator Funke, Senate Print 2711, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Little recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 525, by Senator Little, Senate Print 4296B, 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 January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Little to explain her vote.
Can I have some order in the chamber, please.
SENATOR LITTLE:Thank you, Mr. President. Just a few words on this bill.
I know many of you have received recall notices in the mail on an automobile, as I have. And I'm not sure if you have all taken them in and had them fixed, but I have not.
However, this bill will say that when you have your car inspected, at the time of the inspection, which is once a year, that you would be notified if there is an active recall on your car. Whereas some recalls aren't very serious, there are some serious recalls that certainly would prevent you from having an accident and can save lives.
And the other thing is that all you have to do then is take your car to the dealer, and it would be repaired by the manufacturer free of charge.
So I vote aye, and I hope everyone else does as well.
Thank you.
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.
THE SECRETARY:Calendar Number 617, substituted earlier by Member of the Assembly Abinanti, Assembly Print Number 6191, an act to amend the Local Finance Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 617: Ayes, 61. Nays, 2. Senators Croci and Martins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 680, by Senator Boyle, Senate Print 613A, an act to amend the Labor Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall --
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 697, substituted earlier by Member of the Assembly Abbate, Assembly Print Number 6771A, 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. Nays, 1. Senator Little recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 762, by Senator DeFrancisco, Senate Print 3396, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 790, by Senator Marchione, Senate Print 4609, 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 791, by Senator Marchione, Senate Print 4613, an act to amend Chapter 556 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, 62. Nays, 1. Senator Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 796, by Senator Ranzenhofer, Senate Print 4804, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Hamilton and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 799, by Senator Bonacic, Senate Print 4859, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Hamilton and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 803, by the Senate Committee on Rules, Senate Print Number 4942, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Hamilton and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 804, by the Senate Committee on Rules, Senate Print Number 4943, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Hamilton and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 811, by the Senate Committee on Rules, Senate Print Number 5087, an act to amend the Tax 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. Nays, 2. Senators Hamilton and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 814, by Senator Ritchie, Senate Print 5172, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Hamilton and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 815, by Senator Ritchie, Senate Print 5244, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Hamilton and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 824, by Senator Hannon, Senate Print 5101A, an act to amend the Public Health 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, 2. Senators Felder and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 836, substituted earlier by Member of the Assembly Pretlow, Assembly Print Number 6569 --
SENATOR LIBOUS:Lay the bill aside temporarily.
ACTING PRESIDENT GRIFFO:Lay it aside temporarily.
THE SECRETARY:Calendar Number 855, by Senator Larkin, Senate Print 3951B, an act to amend the Navigation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 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 884, by Senator Griffo, Senate Print 4531, an act to amend Chapter 912 of the Laws of 1920.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators LaValle and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 900, by Senator Carlucci, Senate Print 2150, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, I'm going to vote no.
It's clearly not because I don't want individuals to receive courses in the instruction of financial literacy and personal finance. In fact, anyone who wants to move forward in life should probably try to get that option even if they have to pay for it.
The problem here is that that time for that course that benefits that person is, under this bill, subtracted from the amount of work hours you're required to accumulate. And I don't think that's the right thing to do.
So I vote no.
ACTING PRESIDENT GRIFFO:Senator Sanders to explain his vote.
SENATOR SANDERS:Thank you, Mr. President.
This is one of the -- first I want to salute my colleague for coming up with such a bill. If one wanted to be smart about getting people out of a situation of poverty, it's a cost-effective way of teaching folk how to manage their money.
You can be vindictive and say, Hey, a person needs to just spend their time working. But if you're working at a job that never moves you forward, you will always be on the public dole. It is a smarter move to teach people how to use their money so that they can stop using your money.
Thank you very much. And I thank you again for this.
ACTING PRESIDENT GRIFFO:Senator Sanders to be recorded in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you.
Well, I certainly want to associate myself with the comments of Senator Sanders.
I also want to thank my colleague for putting forth this bill.
I do find it a little ironic that yesterday on the floor we spent an extensive amount of time debating how important it was to ensure that people on public benefits get high school or high school equivalency degrees, recognizing the importance of education to help people move up and out of poverty.
This proposal is for a relatively small program that could have an enormous impact on helping people learn how to use their money wisely, how to save in order to move up and out of poverty, to better understand the risks of people exploiting them through false promises and fake financial instruments, and understand even the most basic concept, how valuable compound interest is for all of us.
So I really think that it is a perfect, perfect program to offer to people that we want to help get that hand up and out of poverty. I certainly vote yes.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the affirmative.
Senator Hamilton to explain his vote. Did you want to explain your vote, Senator Hamilton?
SENATOR HAMILTON:Yes, Mr. President.
I rise to say yes to this bill. It's a no-brainer for me. To offer someone an opportunity to be educated is a great idea. And I thank Senator Carlucci for putting this bill forward.
This bill incentivizes people to learn and does not penalize them for their children not being able to go to school. And I think we should have the idea of trying to enhance one's life with education and stop trying to penalize them.
Many of the public service jobs, as far as for people on public assistance, their jobs consist of sweeping streets, cleaning bathrooms, working in parks. It is not a career path to gainful employment. So to make someone clean a park, versus going to school, to me is a no-brainer. To have someone hand out leaflets for an organization rather than go to school, it's a no-brainer.
So I do not understand how anyone can oppose a bill that will uplift a person's life, to make them understand how to spend their money, how to utilize their money, and how to be productive people in our society.
So I commend Senator Carlucci for putting this forward and making sure that people get out of public assistance and become viable persons in our community rather than holding people back and keeping them trapped in poverty.
And so it makes clear sense to me, teach someone how to fish rather than give them fish. And so I have to vote yes for the bill.
And congratulations, Mr. Carlucci, on this bill.
Thank you very much.
ACTING PRESIDENT GRIFFO:Senator Hamilton to be recorded in the affirmative.
Senator Montgomery to explain her vote.
SENATOR MONTGOMERY:Thank you, Mr. President.
I rise to join my colleagues in thanking Senator Carlucci. This is a very good bill. What we debated yesterday was not good.
But this really is what we need so much more of. And that is I am just so happy that you're promoting people who will be able to take classes and learn how to stay away from all of the predatory businesses that seem to be so prevalent, especially in districts like mine: The rent-a-furniture people and the payday loan people and all of those types of businesses. And how to use -- consider using credit unions as their basic financial institution.
So there's a lot to learn, and this will help people to really actually be able to move away from some of the entrapment that is so prevalent in certain communities, especially if you're a poor person.
So thank you for this. And Mr. President, I certainly will be happy to join Senator Carlucci in voting yes on this legislation.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Montgomery to be recorded in the affirmative.
Senator Bonacic to explain his vote.
SENATOR BONACIC:Thank you, Mr. President.
One of the things that I see often is when I go into fast food restaurants, they have a hard time finding employees. They have a hard time finding young people that want to work.
So I think it's important, as the number-one priority, is to develop a work ethic. And you do that as a parent to the a child, and you do that in sending messages to the younger generation -- we want you to learn how to work first.
And I find if -- those that know how to work, they have a tendency to then learn about finance, because they're making money. And then to send the message that you don't have to work and you want to worry about a finance education, you've got your priorities mixed up.
So I vote no on this bill because the first priority for the younger generation: Learn how to work. And when you have that, these other things that we talk about, they're all good. But the first priority is to develop a work ethic. That's why I vote no.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Bonacic to be recorded in the negative.
Senator Carlucci to explain his vote.
SENATOR CARLUCCI:Thank you, Mr. President.
And I want to thank my colleagues for supporting this legislation.
Before I got involved in government service, I was a financial planner for American Express and worked with so many families in developing financial plans and really learning to earn and teaching people how to do that.
And work experience is important, and that's why this legislation allows for it to be a case-by-case basis, to see who would be appropriate to learn how to save the money that they're earning and really to beat that cycle of poverty.
And that's what this legislation is about, giving people that added tool, that toolbox to be able to make the right decisions, stay away from things that can real weigh them down, and break that cycle of poverty.
So I want to thank my colleagues for supporting this legislation, and I'll be voting in the affirmative.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Carlucci to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 900, those recorded in the negative are Senators Bonacic, DeFrancisco, Griffo, Hannon, Martins, Murphy, Ranzenhofer and Seward. Also Senator Larkin.
Ayes, 54. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 900, also Senator Serino. Ayes, 53. Nays, 10.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 913, by Senator Funke, Senate Print 3450C, an act to amend the State Finance 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 Dilan and Krueger recorded in the negative. Also Senator Rivera.
Ayes, 60. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 915, substituted earlier by Member of the Assembly Brennan, Assembly Print 7261A, 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 1026, substituted earlier by Member of the Assembly Rozic, Assembly Print 7683A, an act to amend the Public Authorities Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1062, substituted earlier by Member of the Assembly Cahill, Assembly Print Number 1327A, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect April 1, 2016.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1063, by Senator Hannon, Senate Print 5094, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect two years it shall have become a law.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Those recorded in the negative are Senators Krueger and Rivera.
Ayes, 61. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1077, by Senator O'Mara, Senate Print 5132, 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.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1083, by Senator Marcellino, Senate Print 5138B, an act to amend the Environmental Conservation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect December 31, 2015.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Croci recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1113, substituted earlier by Member of the Assembly Crespo, Assembly Print Number 6846, 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 first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1123, substituted earlier by Member of the Assembly Brook-Krasny, Assembly Print Number 5926, an act to amend the Election 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 1167, by Senator Lanza, Senate Print 3490, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Montgomery and Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1207, substituted earlier by Member of the Assembly Pretlow, Assembly Print Number 6333, 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 1214, by Senator Marcellino, Senate Print 728, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1214, those recorded in the negative are Senators Avella, Dilan, Gianaris, Hamilton, Krueger, Montgomery, Perkins, Rivera, Sanders, Savino, Serrano, Squadron and Stavisky.
Ayes, 50. Nays, 13.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1216, by Senator Lanza, Senate Print 2851, 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 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1231, substituted earlier by Member of the Assembly Seawright, Assembly Print Number 7637, an act to amend the Family Court Act.
ACTING PRESIDENT GRIFFO: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 1237, substituted earlier by Member of the Assembly Otis, Assembly Print Number 5521, 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 1274, by Senator Carlucci, Senate Print 4343A, 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 1289, by Senator Amedore, Senate Print 5315A, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 9. This act shall take --
SENATOR LIBOUS:Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1297, by Senator Flanagan, Senate Print 2144, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1302, substituted earlier by Member of the Assembly Gunther, Assembly Print Number 1034A, 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:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: Yes, I haven't done it yet this year, but I've voted no on many of these bills. I want the record to be clear that I've done it because you don't, piecemeal, depending on who the victim is, make it a felony as opposed to a misdemeanor, the crime of assault from assault third to assault second.
I certainly don't in any way subscribe to the comment that these people might not be worthy. But when you've got every type of person doing any kind of service, if they've got a representative willing to put a bill in that they would -- people would be treated more harshly if they happen to be the victim.
So I vote no.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the negative.
Announce the result.
THE SECRETARY:In relation to Calendar 1302, those recorded in the negative are Senators DeFrancisco, Montgomery and Perkins.
Ayes, 60. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1321, by Senator Comrie, Senate Print 5465, 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 1390, by Senator Avella, Senate Print 3200, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1391, substituted earlier by Member of the Assembly Simotas, Assembly Print 4969B, 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:Senator Savino to explain her vote.
SENATOR SAVINO:Thank you, Mr. President.
First, I would like to commend Senator Golden for being able to accomplish something many of us in this house are not ever able to do, and that's to get the Assembly Codes Committee to actually do something.
Unfortunately, the Assembly Codes Committee took the easy way out and did not appropriately address the severity of this crime.
On May 20th, this house passed my piece of legislation, Senate Bill S3243, that would make it a crime, a felony, to do exactly what Senator Golden and Assemblywoman Simotas's bill does, which is forcible touching without the consent of an individual on public transit.
I'm not going to reiterate what I talked about that day. We all know the horror stories that go on in the subway. We have asked repeatedly for the Assembly to make this a felony. In fact, the Court of Appeals asked the Legislature to raise the penalties so that we could properly penalize these sexual predators who prey on young women in our subway system, in our public transit.
But the Assembly, as usual, has refused to do it. They continue to coddle sexual predators. And what they have done today is they have agreed to make this another misdemeanor, which quite frankly is what it already is.
So I'm going to vote for this bill because I know Senator Golden has been able to accomplish miracles by getting the Assembly Codes Committee to agree to let a bill out that creates a new penalty. But our work is not done until this becomes a felony in this state.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Savino to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1391, those recorded in the negative are Senators Hassell-Thompson, Montgomery and Perkins.
Ayes, 60. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1404, by Senator Ranzenhofer, Senate Print 4312B, 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 1404, those recorded in the negative are Senators Dilan and Stavisky.
Ayes, 61. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill passes.
THE SECRETARY:Calendar Number 1553, by Senator --
SENATOR LIBOUS:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1677, by Senator LaValle, Senate Print 5445B, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Latimer to explain his vote.
SENATOR LATIMER:Thank you, Mr. President.
And I want to stand to congratulate Senator LaValle for an excellent piece of legislation.
This bill will ensure that infants and preschool children in families who need specialized support will be able to get it. And this expands their opportunity to access those services.
So Senator LaValle deserves our gratitude for this bill, and I vote in the affirmative.
ACTING PRESIDENT GRIFFO:Senator Latimer to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1719, by Senator Serino, Senate Print 5812A, an act in relation to.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:The bill will be laid aside.
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.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
Senator Libous, that completes the noncontroversial reading of today's active list.
SENATOR LIBOUS:I recognize that, Mr. President. And right now we're trying to figure out the best use of our time here, if you'd give us a second.
ACTING PRESIDENT GRIFFO:We will pause temporarily.
(Pause.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:There will now be an immediate meeting of the Higher Ed Committee in Room 332.
ACTING PRESIDENT GRIFFO:There will now be a meeting, immediately, of the Higher Ed Committee in Room 332. All members of the Committee on Higher --
SENATOR LIBOUS:And while that is taking place, we will go to the controversial reading of the calendar. And we're going to take up Calendar Number 1765 at this time.
ACTING PRESIDENT GRIFFO:All members of the Committee on Higher Education should report to Room 332.
The Secretary will ring the bell for the controversial reading, and we will begin with Calendar Number 1765.
The Secretary will read.
THE SECRETARY:Calendar Number 1765, by Senator Flanagan, Senate Print 5973, an act to amend Chapter 91 of the Laws of 2002.
ACTING PRESIDENT GRIFFO:Can I have some order in the chamber, please.
SENATOR LIBOUS:Mr. President, if we can have a second here.
(Pause.)
SENATOR LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:Unfortunately, the bills that are going to be debated, the members are not here, they're actually on the Higher Ed Committee.
So I think we're going to have to stand at ease for a little bit, and then we'll come back and take up the bill that I mentioned.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 3:45 p.m.)
(Whereupon, the Senate reconvened at 4:13 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I would like to call an immediate meeting of the Finance Committee in Room 332, please.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Finance Committee in Room 332.
The Senate shall stand at ease.
(Whereupon, the Senate stood at ease at 4:13 p.m.)
(Whereupon, the Senate reconvened at 4:51 p.m.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I understand there's a report of the Finance Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a report of the Finance Committee at the desk.
SENATOR DeFRANCISCO: Would you read the report, please.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nominations.
As trustees of the City University of New York Board of Trustees, Jill O'Connell-Tormey, Ph.D., of Staten Island, and Dr. Una Clarke, of New York City.
SENATOR DeFRANCISCO: I move the nominations and ask you to recognize if there's anyone who would like to speak on those nominations.
But for my behalf, I can simply say that the nominees went through the committee, as well as the Higher Education Committee, unanimously. They have incredible resumes and great backgrounds, and they're wonderful picks for this important trusteeship.
And as I said, I move the nominations and ask you to recognize those who would like to speak.
ACTING PRESIDENT GRIFFO:Senator Comrie.
SENATOR COMRIE:Thank you, Mr. President.
I'd like to speak to Una Clarke, as she is taking another opportunity to show our entire state and our entire country how to be of service.
She's been a person that has been very instrumental to so many of us in public service and government throughout the City. So many of us call her "Mother" because she is consistently mentoring and teaching and sharing her gifts and sharing her desire for public service. She's going to be a great addition to the City University Trustee Board.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hamilton.
SENATOR HAMILTON:Yes, Mr. President, I rise to congratulate Dr. Una Clarke on becoming on the Board of Trustees.
I had the honor and pleasure of working with her when I was school board president of Community School Board District 17. And at that particular point in time we didn't have many computers in our district. Dr. Clarke, being a City Councilwoman, provided more computers for Community School Board District 17 than all other elected officials in that area combined.
She's had a great career as far as working in the childcare field, nurturing young men and women to be productive citizens in our community. She produced -- her daughter is the first congressional person of Caribbean descent to the Congress. And Dr. Clarke, or as she's affectionately known as Mother Clarke, has been in the Crown Heights community doing a phenomenal job in politics, in educating our kids, and thus being an advocate for social issues.
So I think her nomination is long overdue. I'm happy and delighted to vote for her on her new position as a trustee. And I know she will continue to advocate and to develop great minds in the City and the State of New York. As you all know, our education system is the most important part for our children's transition to the middle class.
So, Dr. Clarke, I congratulate you, Mother Clarke, and God bless you and keep on doing the great work.
ACTING PRESIDENT GRIFFO:Anybody else? Senator Montgomery. Senator Savino next. We'll do it this way: Senator Montgomery up, Senator Savino on deck.
SENATOR MONTGOMERY:Yes, thank you. Thank you, Mr. President.
I rise to join my colleagues in seconding the nomination of Dr. Clarke. In fact, I believe she is referred to by "Win" for those who know her very well. She has a very long Caribbean name, and so we refer to her very often as Una S. Tomlinson Clarke. And it's Clarke with an E, she always reminded us.
And as you can see, I know Una very well and for very many years. We both basically are early childhood people. In that regard, we worked together mostly -- and for, I suppose, the majority of our professional careers together -- as extreme, if you will, advocates on behalf of children and families, children and their parents. So we have traveled together across the state in that regard.
And in fact, before she became a City Council member, even, or certainly either of us were elect to any public office, we were very much engaged in trying to make sure that the State of New York, both CUNY and SUNY higher education systems, reflected needs of those people who had young children to be able to attend higher education.
So in that regard we were very active in promoting college campus childcare, which exists even until today. And I'm very proud that the state stepped up to that so many years before. There have been so many things that Dr. Clarke has been very much in the forefront of advocating for, this just being one of them.
But now that she is going to be on the Board of Trustees of the City University, I believe that we will have a voice that reflects all of her experiences, all of her knowledge and her commitment to children and families, to say we must continue for our higher ed institutions, our public institutions, to be as open as possible to all people, especially those people who may find it difficult if not impossible to fit into other systems, that this is in fact the system that will accommodates all of the citizens of the City of New York.
So I commend the mayor on this appointment, and I congratulate my sister, my friend, and the mother of my Congresswoman. I commend you, congratulate you, Dr. Una Clarke, and look forward to many, many years working with you again. Thanks, Una.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Savino.
SENATOR SAVINO:Thank you, Mr. President. I will be brief; we have many other nominees.
But I wanted to first congratulate Dr. Una Clarke and the mayor for his appointment, and I would like to congratulate my constituent and the Governor's appointee to the CUNY board, Jill O'Donnell Tormey, Dr. Tormey of Staten Island.
She is renowned in her work on cancer research. We are very proud that she is a Staten Islander, and we are very proud that the Governor is appointing her to the CUNY board.
And I want to congratulate both of our nominees today.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Díaz.
SENATOR DIAZ:Thank you. Thank you, Mr. President.
I don't usually get up to congratulate the Governor on the nominations, but this time I'm getting up as a Puerto Rican serving part of the Bronx, and also because my son, the Bronx borough president, Ruben Díaz, Jr., called me and asked me to congratulate Dr. Clarke on his behalf and on behalf of the County of the Bronx, the 1.1 million residents of Bronx County.
My son asked me to congratulate Dr. Clarke because she has been a leader, she has been a pioneer, she has been that kind of person that really, really deserves that the Governor be congratulated today for that nomination.
And Dr. Clarke, congratulations from this Puerto Rican to you. And on behalf of my son, Ruben Díaz, Jr., congratulations. And I never get up to congratulate the Governor, but today I'm getting up to congratulate the Governor because of you.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Stavisky.
SENATOR STAVISKY:Thank you, Mr. President.
I thank the Governor and the Mayor for two quality appointments to the CUNY board. And it's interesting because they each bring a different perspectives to a board of trustees which has a long history of educating people, going back to 1847 with the founding of the Free Academy, which later became City College.
If you take a look at their resumes, Dr. Clarke brings a background in early childhood education, in government service, and Dr. O'Donnell-Tormey brings a background in science, in research, but also in the administration of an important cancer research not-for-profit facility.
So working together with the other board members, they just complement each other. They have different strengths. And I think we're going to have an outstanding group leading our City University of New York.
Thank you.
ACTING PRESIDENT GRIFFO:Anybody else?
Senator Parker.
SENATOR PARKER:Thank you, Mr. President. On the nominations.
ACTING PRESIDENT GRIFFO:On the nominations.
SENATOR PARKER:Thank you.
I rise to add my voice to the chorus that is congratulating both the Governor and the Mayor for those two excellent appointments to CUNY.
My district, which is the 21st District in Brooklyn -- it's Flatbush and East Flatbush, Midwood, Ditmas Park, Windsor Terrace and Park Slope -- Brooklyn College is actually the largest institution in my district. I'm also a -- have been, in the past, a CUNY Grad Center student. And so CUNY is very, very close to my heart and is actually critical to the hopes and the dreams of the constituents that I serve in the 21st Senatorial District.
I particularly want to congratulate Dr. Una S.T. Clarke, who has been a mentor and my political mother. And in fact when my mother passed a number of years ago, she came to me and said "Don't worry, you still have a mother, and I'm going to be her," and has treated me such.
And so I couldn't be more pleased today than to have an opportunity to confirm her as a member of the CUNY board. We have not done, since I've been here, a more appropriate confirmation than to place her on the board of CUNY.
She has the right experience, the right outlook and the right perspective that CUNY needs to go into the future, particularly understanding the issues of immigrants and education. As the City of New York grows to be more and more immigrant, we hope that our City University reflects that perspective and becomes more and more immigrant-friendly, because that's how this city and this state will continue to grow and to build on its reputation as the Empire State.
And so again, congratulations, Dr. Clarke. And thank you so much, you know, for all your work and for your dedication to the people of the City and the State of New York.
ACTING PRESIDENT GRIFFO:Okay, the question is on the nominations of Dr. Jill O'Donnell-Tormey and Dr. Una Clarke, who is joined here by her husband, Leslie, as trustees of the City University of New York. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Dr. Jill O'Donnell-Tormey and Dr. Una Clarke are hereby confirmed as trustees of the City University of New York Board of Trustees.
Congratulations; our best wishes. Please stand.
(Standing ovation.)
ACTING PRESIDENT GRIFFO:The Secretary will continue.
THE SECRETARY:As a member of the Rochester-Genesee Regional Transportation Authority, Geoffrey C. Astles, of Farmington.
As a nonvoting member of the Central New York Regional Transportation Authority, John Michael Riley, Jr., of Liverpool.
ACTING PRESIDENT GRIFFO:The question is on the nominees as read for the positions designated. All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The nominees are hereby confirmed.
The Secretary will continue.
SENATOR DeFRANCISCO: And I'll move the nominations.
ACTING PRESIDENT GRIFFO:I thought you moved them all already. We're just going individually.
SENATOR DeFRANCISCO: Go ahead.
ACTING PRESIDENT GRIFFO:The Secretary will continue.
THE SECRETARY:As a member of the Battery Park City Authority, Hector Batista, of New York.
ACTING PRESIDENT GRIFFO:Senator Squadron to be heard.
Let me see if Senator DeFrancisco will move the nomination first.
SENATOR DeFRANCISCO: Yeah, I think we're doing them separately, as we mentioned. I think I should possibly do them separately so they're all moved.
So I move the nomination.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
Senator Squadron.
SENATOR SQUADRON:Thank you, Mr. President.
I rise on this nomination. Battery Park City Authority falls entirely within my district. Once upon a time it was a project started by the state, a development project started by the state. Today it is a residential neighborhood, a commercial neighborhood, and it is a local community.
And we have been pushing for a long time to have more local representation on the Battery Park City Authority. The challenges of the authority are no longer the challenges of a major infrastructure project, they are now the challenges of running a neighborhood. And the residents of that neighborhood, the members of that community should have a greater say than they currently do on the Battery Park City Authority board.
Among Mr. Batista's many accomplishments, none of them are that he is a member of this community. So without any particular statement to his other accomplishments and his other qualifications, which I know are significant and long-earned, I'm going to need to oppose this nomination, and I urge my colleagues to do so.
You know, when you have a state agency whose job it is to run the quality of life and the community, I think we would all believe that local representation and local input is an important part of that. That's why I'm voting no on this nomination and urge my colleagues to join me.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Krueger.
SENATOR KRUEGER:Thank you.
I rise to add my voice to Senator Squadron. No disrespect for this particular nominee as a person, but he does not live in Battery Park City.
There are two similar authorities in New York City. The other is Roosevelt Island, which is run by the Roosevelt Island Operating Corporation. And for years that community has also been urging changes to recognize that people who live on the island should have some determination over the policies that go on on the island.
To some degree, they're two small towns within New York City, and they need government representation from people who live there and know the issues that are faced by the other residents.
So I also vote no and urge the Governor to finally change the policies to ensure fair representation for the people who live in both of these communities.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Díaz.
SENATOR DIAZ:Thank you, Mr. President.
I am really disappointed to hear my colleagues Senator Krueger and Senator Squadron oppose this nomination. And they are opposing this nomination, ladies and gentlemen, based on that the candidate doesn't live there. I mean, this is not the first time that this happens. This is not -- Billy Thompson was chairman of that; he didn't live there.
This is a Hispanic, and every time -- I mean we're getting tired of this thing. We're getting tired of these things. To me, this -- this -- this smells very bad. Because this is the first time that they come with this silly excuse. There are so many candidates have come through here, that come through here, worse candidates -- oh, nobody comes with this nonsense that the candidate doesn't live there.
So I want to make clear that this is a Hispanic candidate, nominee, that the Governor is putting up, and this is the first time that I hear people standing up to bring up this kind of excuse that we cannot do this because the candidate doesn't live there. Then if that is the reason, then we shouldn't vote for many of them. Maybe we shouldn't be voting at all for so many of them because so many candidates have come through here and they don't live there.
So I'm proud, as a Hispanic, I'm proud to -- I'm proud and thank the Governor because everybody gets their candidates and nobody comes there -- so please, ladies and gentlemen, stop these things. Stop these things. This is a silly excuse to reject this nomination, this nominee.
So, Mr. Chairman, I'm proud and honored that the Governor has appointed Mr. Batista, and I'm voting in favor. And I ask all my colleagues doing support this nomination.
Thank you.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Hector -- Senator Squadron.
SENATOR SQUADRON:Just a point of clarification, Mr. President.
I've been voting against nonresident appointees on the Battery Park City Authority for I think about five years now.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Hector Batista as a member of the Battery Park City Authority. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(Response of "Nay.")
ACTING PRESIDENT GRIFFO:Mr. Hector Batista is hereby confirmed as a member of the Battery Park City Authority.
The Secretary will continue.
THE SECRETARY:As a member of the State Fire Prevention and Building Code Council, Timothy A. DeRuyscher, of Mendon.
As a director of the New York State Urban Development Corporation, Peter J. Beshar, of New York.
As a trustee of the City University Construction Fund, Michael M. Walsh, of Staten Island.
As a member of the Advisory Council on Agriculture, Brian Reeves, of Baldwinsville.
SENATOR DeFRANCISCO: Move the nominations.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco moves the nominations.
Senator Espaillat on the nominations.
SENATOR ESPAILLAT:Thank you, Mr. President, for allowing me to speak on these nominations.
And I would particularly like to focus on the nomination of Brian Reeves as a member of the Advisory Council on Agriculture. For it is today perhaps our last day of session, and we still have not seen the emergence of the farmworkers bill here in this chamber.
So I would hope that although I didn't have the opportunity to meet Mr. Reeves, I read his credentials and he happens to be a well-qualified individual. But I hope that as he advises through this advisory council the agricultural business, that he does take into account the plight and challenges of farmworkers in New York State, which continue to be second-class citizens subjected to horrendous conditions in many of the farms across our state.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:The question is on the nominations as read for the positions so designated. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The nominees are confirmed.
The Secretary will continue.
THE SECRETARY:As a member of the Long Island State Park, Recreation and Historic Preservation Commission, James F. Gaughran, of Northport.
As a member of the Niagara Frontier State Park, Recreation and Historic Preservation Commission, Gerard J. Mosey, of Lewiston.
As a member of the New York State Council on the Arts, Jaynne C. Keyes, of New York.
As a member of the New York State Olympic Regional Development Authority, William Beaney, of Lake Placid.
As members of the Central New York State Park, Recreation and Historic Preservation Commission, Stephen W. Buechner, of Syracuse, and Jamie Hart, of Cazenovia.
As members of the Genesee State Park, Recreation and Historic Preservation Commission, Kathleen M. Bannister, of Gainesville, and Nathan E. Coogan, of Warsaw.
As members of the Taconic --
SENATOR DeFRANCISCO: Move the nominations. I move the nominations.
I would like to keep them somewhat separate so that we don't get confused when there's 10 people being nominated and somebody wants to speak on another one.
So as to those nominees, I move the nomination.
ACTING PRESIDENT GRIFFO:The nominations have been moved.
Is there anyone who wishes to speak on any of the individuals that were brought before the chamber?
The question is on those nominees as read for the positions so designated. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The nominees are hereby confirmed.
The Secretary will continue.
THE SECRETARY:As members of the Taconic State Park, Recreation and Historic Preservation Commission, Randall J. Fleischer, of Mahopac, and Frederick H. Osborn III, of Garrison.
SENATOR DeFRANCISCO: Move the nominations.
ACTING PRESIDENT GRIFFO:Anyone want to speak?
The question is on the nominees as presented for the position so designated. All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The nominees are confirmed.
The Secretary will continue.
THE SECRETARY:As members of the Justice Center Advisory Council: Clint S. Perrin, of Schenectady; Mary E. Bonsignore, of the Bronx; S. Earl Eichelberger, of Guilderland; Scott Salmon, of Tappan; Denise Figueroa, of Cohoes; and Susan Platkin, of East Northport.
SENATOR DeFRANCISCO: Move the nominations.
ACTING PRESIDENT GRIFFO:The question is on the nomination of those who have been read for the positions so designated. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The nominee are hereby confirmed.
The Secretary will continue.
THE SECRETARY:As a member of the State Camp Safety Advisory Council, Thomas R. Welch, M.D., of Jamesville.
As a member of the Minority Health Council, Ingrid M. Allard, M.D., of Albany.
And as members of the Council on Human Blood and Transfusion Services, Rachel C. Elder, of Canastota, and Joseph T. Chiofolo, of Howard Beach.
SENATOR DeFRANCISCO: Move the nominations.
ACTING PRESIDENT GRIFFO:The question is on the nominations of the names that have been read for the positions so designated. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The nominees are hereby confirmed.
SENATOR DeFRANCISCO: Can we now go to the active calendar for today and the controversial reading of Calendar Number 1719.
ACTING PRESIDENT GRIFFO:The Secretary will ring the bell. We will return to the controversial reading of today's active calendar and begin with the so designated Calendar Number 1719.
SENATOR KRUEGER:Explanation.
ACTING PRESIDENT GRIFFO:The Secretary will read first, and then Senator Krueger is requesting an explanation.
The Secretary will read.
THE SECRETARY:Calendar Number 1719, by Senator Serino, Senate Print 5812A, an act in relation to authorizing.
ACTING PRESIDENT GRIFFO:Senator Serino -- yes, I'm going to accept the home rule.
There is a home-rule message at the desk.
Senator Serino, Senator Krueger has requested an explanation of the bill.
SENATOR SERINO:Yes. Senator Krueger would like me to explain, Senator Krueger?
SENATOR KRUEGER:Yes.
SENATOR SERINO:Thank you.
Yes, this is the Pelton Mansion, which is located in the City of Poughkeepsie. It was built in 1859, and it sits on about 2.2 acres of property. In 1911, it was turned into the Poughkeepsie Daycare, where it remained so until last year.
In September of last year, the city council put out an RFP. And because our City of Poughkeepsie -- I don't know if you're familiar with it, Senator Krueger, but, you know, it's in pretty rough shape. And they don't have the money to do the work to that park. In fact, we have 17 parks in a little over a 5-square-mile radius.
So they put out the RFPs, they had two. The one fizzled out, and the other, the people decided to go forward. And from what I understand, the developers actually went door to door speaking to the neighbors to see how they would feel, and they explained to them what their intention was, was to keep the mansion.
And they would keep the historic facade, because in 2010 the mansion was designated a local historic landmark. And they would renovate the inside, possibly using it for something for the community, they're not sure yet. And they would also put townhomes that would stay in line with the historic neighborhood. And this property actually sits right by the train station.
The other thing that they're also going to do is across the street is another park which has a basketball court. They're taking it upon themselves to redo that park and maintain it, even though the City of Poughkeepsie will retain ownership.
In fact, you know, it's great that they're doing this. I love our parks. You know, I live in an old house that actually sits between the Vanderbilts and the Roosevelts, a coachman's house, so I can appreciate it and know the work that it takes to maintain an old 1800s house. And knowing that the City of Poughkeepsie cannot maintain it, and it's in disrepair, not being used.
And the other thing is, too, there was never a sign up on the property stating that it was a park, so the people didn't really utilize it because it wasn't advertised as such. But the developer is also going to take a portion of the corner of the property that overlooks the river and have that for public access.
ACTING PRESIDENT GRIFFO:Thank you, Senator Serino.
Senator Krueger, does that thorough explanation satisfy your question?
SENATOR KRUEGER:Well, it satisfied my question of requesting an explanation. But it in fact --
ACTING PRESIDENT GRIFFO:You have further questions?
SENATOR KRUEGER:-- added questions.
ACTING PRESIDENT GRIFFO:Okay.
Sponsor, do you yield to questions from Senator Krueger?
SENATOR SERINO:Yes, I do.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So the sponsor just explained that not everyone even understood it was a park. But do we agree, under New York State law, this is a park that would need to be alienated under park alienation standards and procedures? Is that correct?
SENATOR SERINO:That's correct.
SENATOR KRUEGER:And through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SERINO:Yes.
SENATOR KRUEGER:And in the memo to the bill it talks about that all proceeds from the sale of the property must be spent on improvements to parkland or for the acquisition of additional parkland. And that's a fairly standard thing in a park alienation bill.
So is it Senator Serino's understanding that the town does intend to use 100 percent of the proceeds from the sale for improvements in parklands and acquisition of additional parkland?
SENATOR SERINO:Yes, that is what is described.
And this is a home-rule request, so these are elected officials in the City of Poughkeepsie that actually voted on this 6 to 2, in a bipartisan vote. So they would have to handle the finances as is stated there, but they would be in control of that.
I know I served on a town board as my first political experience and, you know, we would be responsible for that. So our city officials would have to take care of that.
SENATOR KRUEGER:And through you, Mr. President, if the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SERINO:Yes.
SENATOR KRUEGER:And just, you know, the reason actually questions are arising for me is that people have contacted my office actually from this town, concerned about this process.
And perhaps they're aware of my sensitivity and publicly saying often that in my district, where we have less park space per person than I think anywhere else in the state, we'll literally take to the streets in protest over a third of an acre of open space. So that people are very sensitive to never giving up parkland without mitigating and replacing that parkland.
So the sponsor mentioned that developers have been going door to door to make the pitch for their proposal. Now, the city has an RFP out. Have they already picked who is winning the RFP?
SENATOR SERINO:Yes, they have, the developers that succeeded in their bid back in September.
SENATOR KRUEGER:Could I ask for the names --
SENATOR SERINO:Oh, sorry.
SENATOR KRUEGER:I didn't want to cut you off.
SENATOR SERINO:No, can I just add that actually, according to the city council, they're not even obligated to do an RFP, they could actually just have a sale. But they chose to do the RFP for 30 days.
SENATOR KRUEGER:So through you, Mr. President, if the sponsor would continue to yield.
SENATOR SERINO:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:Thank you.
So if there is already specific developers who have, I guess, won the RFP, can I ask how much money this park will be sold for?
SENATOR SERINO:I believe it was $750,000.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR SERINO:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR KRUEGER:So the sponsor, based on her earlier answer, believes that the $750,000 must go exclusively to acquisition of additional parkland and improvements to other parklands, would that be correct?
SENATOR SERINO:That would be what the city would have to do, according to the alienation procedure.
SENATOR KRUEGER:Through you, Mr. President, if the sponsor will continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SERINO:Yes.
SENATOR KRUEGER:Thank you.
So one of the issues that was brought to my attention was concern by people who live in the area and are I guess members of the Wheaton Park Association, I believe was the title of the opposition memo. Excuse me, Wheaton Park Alliance.
So of their concerns, which had 600 signatures gathered in opposition, their concern is that the city intends to use the money for their budget gap, not actually as obligated through this law for mitigation and replacement, which would be the alienation standard.
Is the sponsor aware that there's concerns that the City of Poughkeepsie does not intend to use that $750,000 as required under her bill?
SENATOR SERINO:Senator Krueger, I can tell you that back in March, I believe, is the first phone call that I received in my office. We received one call that was in opposition. Within a two-week period, we received another two phone calls that were for this to take place.
Since then it was quiet, and actually it's only been in the last two weeks that we had a few phone calls. And there were four people that came up on Tuesday who spoke so passionately, but unfortunately had misinformation with regard to this property, even talking about the RFP process being shorter than it was.
You know, and it's sad, because these developers will make this property beautiful and allow people to be able to use it and fix up a park across the street.
You know, we have zombie properties, such a huge number of them in the City of Poughkeepsie, a huge heroin problem. This is going to be great for the neighborhood. The kids will have the basketball courts across the street.
I think it's going to be a vast improvement. And I think there's a good portion of the public that are very happy about this.
SENATOR KRUEGER:Through you, Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Krueger on the bill.
SENATOR KRUEGER:I want to thank the sponsor for her answers.
Again, there are people who have been contacting other Senators with concerns and made me feel I needed to ask questions on the floor.
I recognize that when communities make decisions about how to use space differently, there will be differences of opinions and there will be people who object. I don't know whether the people in Poughkeepsie got the outcome that they should have gotten. That's not for me to say.
What I wanted to make sure, and the Senator has assured me that this deal taking place in Poughkeepsie now will stay within the confines of park alienation law requirements, that her bill sets out that the money from the sale of this parkland will 100 percent go into replacement park and improvements in other parks.
I am sure that the Senator will follow through to double-check that that is what the City of Poughkeepsie is going to do and what they must do. I would urge her to stay in communication with the people who like the deal and who didn't like the deal to make sure that, going forward, Poughkeepsie continues to hold up their end of the requirements set out in this law.
Thank you very much, Mr. President.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that wishes to be heard, debate is closed.
The Secretary will ring the bell.
SENATOR LIBOUS:Mr. President, if you'd please tell members to take their seats, we're on a vote, and that way the desk could count. It's very difficult for the desk to count if people are roaming around and sitting in different seats and whatever.
And it feels good to be able to say that again.
ACTING PRESIDENT GRIFFO:Members, if you'd please take your seats.
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.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote, followed by Senator Martins.
SENATOR DeFRANCISCO: Yes, I just wanted to support this legislation and indicate that local issues sometimes have people who have who are happy with the decision and sometimes they have people that are not happy with the decision. And that's what -- some of the things that the Senators have to weigh in whether to submit bills such as this one. In fact, there was a division among the local government, 6 to 2.
To read anything into the fact that there's opposition I think is probably not a good practice. Each of us knows our districts, and each of us have to make that evaluation.
And in this case it's pretty obvious that some of the dissenters didn't like the decision, wanted to create problems. And they should be listened to; however, they should not in any way impair the obligation or stand in the way of the obligation of the Senator trying to get what the localities have agreed to done.
So I support the legislation. Yes.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to be recorded in the affirmative.
Can we have some respect for the members when they're talking, please, and explaining their votes. Sorry about that, Senator DeFrancisco.
Senator DeFrancisco to be recorded in the affirmative.
Senator Martins to explain his vote.
SENATOR MARTINS:Thank you, Mr. President.
I rise also to support this piece of legislation. I want to thank Senator Serino and support her efforts.
You know, if there's one thing we strive for here, and we should, it's consistency. And regardless of whether or not there's opposition in our respective districts, as there may be in Senator Serino's district on this particular issue, we respect each other enough to understand that the language of the bill itself speaks for itself.
Just yesterday, just yesterday we passed the same bill, but it was introduced by a member of this house on that side of the aisle. And it affected a district in Queens and park alienation in the City of New York. That bill passed 63 to 0. That bill allowed for the sale of a piece of parkland and required the City of New York to use the proceeds to invest in parkland for maintenance or to acquire land. What's the difference? Why the question? Why the admonition? That bill passed 63-0, was not laid aside.
This bill does the exact same thing, but yet there was the need to lay it aside and debate a question when the bill was clear.
Mr. President, because consistency is so important, because the way we treat each other in this chamber is so important, I support my colleague, I support this legislation as I supported the legislation yesterday. I vote aye.
ACTING PRESIDENT GRIFFO:Senator Martins to be recorded in the affirmative.
Senator Sanders to explain his vote.
SENATOR SANDERS:Thank you, Mr. President.
I, to be honest, don't recall the legislation that was spoken about yesterday, so I will speak of this one today. I'm going to go against this for a different reason. I think that any time that you alienate land, we have to look at that very, very carefully. Any time that you take something away from parkland and put it into business, you have to look at this.
And I look at it on several different levels, including is it a good deal, is it a basic good deal.
If you take 2.5 acres of prime waterfront property right by the train station and you sell it at the current value and not take into account future value of that land, that is not a good deal for a community.
So that's my particular reason why I don't believe that taking this out from nature, if you wish, taking it, alienating it from parkland is a good deal, because you can't buy as much parkland as you could otherwise.
Not that you shouldn't do -- shouldn't alienate it on occasion. Sometimes it makes a lot of sense business-wise, especially if you buy more parkland than you took. This one doesn't. In fact, there's some questions over will parkland be purchased at all. I hope that at the end of the day, it does.
So I'm going to vote no. Thank you.
ACTING PRESIDENT GRIFFO:Senator Sanders to be recorded in the negative.
Senator Hamilton to explain his vote.
SENATOR HAMILTON:Mr. President, I rise to support this bill. And I do so because I believe Senator Savino knows what's -- Serrano, sorry. So I'm siding with --
ACTING PRESIDENT GRIFFO:Serino.
SENATOR HAMILTON:Close. Close.
ACTING PRESIDENT GRIFFO:Savino, Serrano, Serino.
SENATOR HAMILTON:I'm sorry. We'll work it out this morning.
So I believe Senator Serino knows what's best for her district. And I do believe in consistency and making sure that we vote on one side for a bill, we should vote for the same side -- on the other side we should vote the same way.
But in having consistency, so I just want to say to Senator Serino, I support you in your bill, I support your jurisdiction. And I believe in home rule. I believe in home rule and that when Senators present a bill to the floor, other Senators should respect the wishes of their fellow Senators.
And so therefore when the Senators from New York City ask for home rule as far as rent regulations, we should take the advice of the Senators from New York City. So to have consistency is important. But it's not only important when you have one particular issue that's your own issue. Consistency means there's consistency across the board for every Senator and for Senators in their jurisdiction.
And so I hope that when people speak of consistency, they practice what they preach. And if you preach home rule and respect home rule, you should respect the home rule in New York City and other jurisdictions.
So I will support this bill. I believe in home rule. I believe in respecting our other Senators when they present a bill. And I just hope that all other Senators follow this consistency in respecting the jurisdictions of their fellow Senators.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Hamilton to be recorded in the affirmative.
Senator Gianaris to explain his vote.
SENATOR GIANARIS:Thank you, Mr. President.
I'll be voting in the negative. But I specifically wanted to respond to something one of my colleagues said, because although he wasn't using names, he was talking about a bill that was passed that was in my district. And I would encourage my colleagues not to represent what's going on --
(Reaction from floor.)
ACTING PRESIDENT GRIFFO:Gentlemen.
SENATOR GIANARIS:Well, before you groan, listen to what I'm saying. Because I would encourage my colleagues not to represent what's going on in other people's districts if they don't know what they're talking about.
So in my district there was a park alienation bill for a piece of property that was owned by a park but incapable of human use. It was sealed off, and it was on a highway. And it was impossible for human feet to set foot on it. So it was not a park in any way, shape or form.
There was a four-year negotiation with the City of New York that resulted in an agreement that we ended up passing through this house. So I appreciate all my colleagues voting in favor of it.
I respect people who support this bill. I will not be. But I would encourage people not to draw comparisons that don't fit.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Gianaris to be recorded in the negative.
Senator Díaz to explain his vote. Senator Díaz, you want to explain your vote?
I'm going to ask for order in the chamber, please. And I want everyone to stay germane to the subject matter.
Senator Díaz.
SENATOR DIAZ:Thank you, Mr. President.
I just want to join those Senators that are voting in favor of this bill. I understand the argument that Senator Martins said before. And I don't know why we are wasting time on this bill. Senator Serino represents that county. I am certain, sure that the authorities of the county has requested her to do this. And according to that county, they believe -- I believe they know better than us what better for that county.
And instead of wasting more time there, we should all support Senator Serino. And because, again, she's representing that county and I am certain she will not go against the will of the mayor and the leaders, the authorities of the county. And she's representing them.
So let's stop wasting time. Let's go back to try to get the rent things here and the things that we're supposed to be doing. And let's all join together and congratulate Senator Serino and vote yes on this bill.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Díaz to be recorded in the affirmative.
Senator Latimer to explain his vote.
SENATOR LATIMER:Thank you, Mr. President.
I rise in support of the bill, but I also rise to raise an issue for our thought as we prepare at some point in time to leave for the summer.
We had a discussion yesterday about tax bills and how they are home-rule requests, and now we have a question about parkland alienation as a home-rule request. And it may be time for us in this chamber to have a dialogue, a bipartisan dialogue about whether our laws respecting local governments and how they go about making decisions should be subject to further change.
Because I do think yesterday's conversation and today's conversation raises the question, do we want to have so many local bills come before us for our scrutiny? Is that a necessary process in the 21st century? And I would leave that as an open-ended conversation.
But many of us know how much time and effort it takes to work on these local bills, and how long it takes and the questions that happen at the local government level. And I think this is a very timely time for us to consider should we amend the way we approach these local bills to streamline our operations and to give some rationality to the local governments.
ACTING PRESIDENT GRIFFO:Senator Latimer, are you in the affirmative?
SENATOR LATIMER:Yes, I said I was.
ACTING PRESIDENT GRIFFO:Senator Latimer to be recorded in the affirmative.
Senator Serino to close the explanation of votes. Senator Serino.
SENATOR SERINO:Yes, thank you, Mr. President.
You know, we rely on our elected officials to make these decisions. They know their directs. You know, I know my district. So -- and it's home rule. So I'll be voting aye, and thank you for those that did vote aye for this project as well.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Serino to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1719, those recorded in the negative are Senators Gianaris, Hassell-Thompson, Krueger, Perkins, Rivera, Sanders and Stavisky.
Absent from voting: Senators Funke, Parker, Peralta and Sampson.
Ayes, 52. Nays, 7.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Libous.
SENATOR LIBOUS:Mr. President, earlier today I laid aside Senator Hassell- Thompson's bill, Number 836. I don't know why I did that, Senator. I must have just lost my perspective because it was such -- so busy and things were going on.
I would like to remove my objection and pass the bill noncontroversial, if we could.
ACTING PRESIDENT GRIFFO:Without objection, the Secretary will read.
THE SECRETARY:Calendar Number 836, substituted earlier by Member of the Assembly Pretlow, Assembly Print Number 6569, 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 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 LIBOUS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Libous.
SENATOR LIBOUS:The Senate is going to stand at ease until 7:00 p.m., but there will be an immediate Republican conference in Room 332. The Senate will stand at ease until 7:00 p.m., but there will be an immediate Republican conference in Room 332.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Republican Conference in Room 332.
The Senate will stand at ease until 7:00 p.m.
The Senate is at ease.
(Whereupon, the Senate stood at ease at 5:44 p.m.)
(Whereupon, the Senate reconvened at 7:43 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I'd like to call an immediate meeting of the Rules Committee in Room 332.
ACTING PRESIDENT GRIFFO:There's an immediate meeting of the Rules Committee in Room 332.
SENATOR DeFRANCISCO: And we'll stand at ease until the Rules report comes back.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease until the Rules report returns.
(Whereupon, the Senate stood at ease at 7:43 p.m.)
(Whereupon, the Senate reconvened at 7:59 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I understand you have a report from the Rules Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a report of the Rules Committee.
SENATOR DeFRANCISCO: Move to accept the Rules Committee report.
ACTING PRESIDENT GRIFFO:We are going to first read it, then we'll move to entertain your motion.
The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bills:
Senate Print 2147, by Senator Flanagan, an act to amend the Vehicle and Traffic Law;
Senate 3827, by Senator Marchione, an act to amend the Tax Law;
Senate 3891, by Senator Nozzolio, an act to amend the Volunteer Firefighters' Benefit Law;
Senate 3893B, by Senator Young, an act to amend the Mental Hygiene Law;
Senate 3923, by Senator Savino, an act to amend the Elder Law;
Senate 4172, by Senator Felder, an act to authorize;
Senate 4288, by Senator Hoylman, an act to amend the Executive Law;
Senate 4313A, by Senator Seward, an act to amend the Education Law;
Senate 4748A, by Senator Savino, an act to amend the Real Property Tax Law;
Senate 5119, by Senator Carlucci, an act to amend the Education Law;
Senate 5533B, by Senator DeFrancisco, an act to amend the Judiciary Law;
Senate 5671, by the Senate Committee on Rules, an act to amend the Tax Law;
Senate 5719, by the Senate Committee on Rules, an act to amend the Tax Law;
Senate 5749, by Senator Stewart-Cousins, an act to authorize;
Senate 5755, by Senator Felder, an act relating to granting;
Senate 5784, by Senator LaValle, an act to amend the Local Finance Law;
Senate 5833, by Senator Bonacic, an act to amend the Judiciary Law;
Senate 5883, by Senator Robach, an act to amend the Social Services Law;
Senate 5935, by Senator Felder, an act to amend the Real Property Tax Law;
Senate 5951, by Senator Murphy, an act to amend the Workers' Compensation Law;
Senate 5958, by Senator Funke, an act to amend the Election Law; and
Senate 5963, by the Senate Committee on Rules, an act to amend the Executive Law.
All bills reported direct to third reading.
ACTING PRESIDENT GRIFFO:On motion by Senator DeFrancisco, all in favor of accepting the Rules Committee report, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Rules Committee report is accepted and before the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we now go to the noncontroversial reading of Senate Supplemental Calendar Number 56A.
ACTING PRESIDENT GRIFFO:We will go to the noncontroversial reading of Senate Supplemental Calendar 56A.
The Secretary will read.
THE SECRETARY:In relation to Calendar 1803, Senator LaValle moves to discharge, from the Committee on Finance, Assembly Bill Number 5370A and substitute it for the identical Senate Bill Number 281A, Third Reading Calendar 1803.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1803, by Member of the Assembly Glick, Assembly Print 5370A, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1804, by Senator Kennedy, Senate Print 750, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1805, by Senator Flanagan, Senate Print 2057, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1806, by Senator Gianaris, Senate Print 2435, an act to amend the New York City Civil Court Act.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1807, by Senator Perkins, Senate Print 2460, an act to amend the Public Authorities 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:Calendar Number 1808, by Senator DeFrancisco, Senate Print 2967A, 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 1809, by Senator Addabbo, Senate Print 3005, 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 DeFrancisco recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1810, by Senator Stavisky, Senate Print 3191, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1811, Senator Golden moves to discharge, from the Committee on Finance, Assembly Bill Number 5056 and substitute it for the identical Senate Bill 3757, Third Reading Calendar 1811.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1811, by Member of the Assembly Hevesi, Assembly Print Number 5056, an act to amend the State Finance Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1812, Senator Marchione moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 2756 and substitute it for the identical Senate Bill Number 3856, Third Reading Calendar 1812.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1812, by Member of the Assembly Titone, Assembly Print Number 2756, 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 1813, by Senator Flanagan, Senate Print 3940, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1814, Senator Libous moves to discharge, from the Committee on Rules, Assembly Bill Number 7332 and substitute it for the identical Senate Bill Number 4094, Third Reading Calendar 1814.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1814, by Member of the Assembly Lupardo, Assembly Print Number 7332, an act to amend the Mental Hygiene 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 1815, Senator Nozzolio moves to discharge, from the Committee on Transportation, Assembly Bill Number 3341 and substitute it for the identical Senate Bill Number 4114, Third Reading Calendar 1815.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1815, by Member of the Assembly Peoples-Stokes, Assembly Print Number 3341, an act authorizing.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1816, Senator Panepinto moves to discharge, from the Committee on Agriculture, Assembly Bill Number 2369 and substitute it for the identical Senate Bill Number 4158, Third Reading Calendar 1816.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1816, by Member of the Assembly Barrett, Assembly Print Number 2369, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Espaillat recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1817, by Senator Flanagan, Senate Print 4219, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. 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 1818, by Senator Boyle, Senate Print 4401, an act in relation to a certain agreement.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Hamilton recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1819, Senator Boyle moves to discharge, from the Committee on Rules, Assembly Bill Number 7274A and substitute it for the identical Senate Bill Number 4577A, Third Reading Calendar 1819.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1819, by Member of the Assembly Jean-Pierre, Assembly Print Number 7274A, 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.
Calendar Number 1820, by Senator Stavisky, lacks a home-rule message, so the bill will be laid aside.
Calendar Number 1821 is before the house.
THE SECRETARY:In relation to Calendar 1821, Senator Breslin moves to discharge, from the Committee on Rules, Assembly Bill Number 6941 and substitute it for the identical Senate Bill Number 4757, Third Reading Calendar 1821.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1821, by Member of the Assembly McDonald, Assembly Print Number 6941, 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 1822, by Senator Ranzenhofer, Senate Print 4829A, 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.)
ACTING PRESIDENT GRIFFO:Senator Espaillat to explain his vote.
SENATOR ESPAILLAT:Thank you, Mr. President. I'll be brief.
As you may know, the State of New York stands to get over $6.4 billion to the DSRIP program, a program designed to reduce hospitalization and emergency room visits by patients by 25 percent.
However, the application process has been somewhat insular. Community groups, particularly community-based physicians, primary care physicians and patients, have not had the adequate input in this particular program. And many feel that this will be a nasty money grab by the hospitals.
So for that reason -- and as a matter of fact, I've introduced legislation to have a monitor, a special independent pro-patient monitor to guarantee that the funding will go towards reducing hospital visits for this particular program, the DSRIP program. For those reasons, I will be voting in the negative.
ACTING PRESIDENT GRIFFO:Senator Espaillat to be recorded in the negative.
Announce the results.
THE SECRETARY:Ayes, 60. Nays, 3. Senators Espaillat, Hamilton and Parker recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1823, Senator Hannon moves to discharge, from the Committee on Finance, Assembly Bill Number 7208 and substitute it for the identical Senate Bill Number 4893, Third Reading Calendar 1823.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1823, by Member of the Assembly Gottfried, Assembly Print Number 7208, an act to amend the Social Services Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 60th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1824, by Senator Hoylman, Senate Print 4972, an act directing.
SENATOR GIANARIS:Lay it aside for the day.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1825, by Senator Golden, Senate Print 5012, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1826, by Senator Flanagan, Senate Print 5069A, 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 1827, by Senator Ranzenhofer, Senate Print 5196A, 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 1828, by Senator Murphy, Senate Print 5238, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1829, Senator Savino moves to discharge, from the Committee on Judiciary, Assembly Bill 2242 and substitute it for the identical Senate Bill Number 5240, Third Reading Calendar 1829.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1829, by Member of the Assembly Bronson, Assembly Print Number 2242, an act to amend the Civil Rights Law.
SENATOR DeFRANCISCO: Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:In relation to Calendar 1830, Senator Perkins moves to discharge, from the Committee on Rules, Assembly Bill Number 2409 and substitute it for the identical Senate Bill Number 5369, Third Reading Calendar 1830.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1830, by Member of the Assembly Rodriguez, Assembly Print Number 2409, an act to amend the Administrative Code of the City of New York.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:In relation to Calendar 1830: Ayes, 61. Nays, 2. Senators Amedore and Martins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1831, by Senator Avella, Senate Print 5387B, 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 60th 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.
The dilemma with this bill is that it would be duplicative of requirements already in existence in New York City and potentially would delay the City of New York from being able to construct new schools or move forward with leases in new schools.
In order to do that, they now already participate with local PEP committees. There is notice because there are zoning changes, potentially, with schools. And the public does have opportunities to learn about proposed schools being built or rented.
And this bill, adding requirements with time frames of up to six months, would potentially delay a new school from opening almost for an entire new school calendar year.
Speaking for myself and my district, within New York City we are always desperate for new school space. We are constantly in search of new school locations. And I would hate to see any opportunity lost because we at the state level were putting on more burdensome and duplicative requirements than New York City already has in place. So I urge a no vote for New York City.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar 1831, those recorded in the negative are Senators Comrie, Gianaris, Hoylman, Krueger, Little, Montgomery, Rivera, Sanders, Serrano, Squadron and Stewart-Cousins.
Ayes, 52. Nays, 11.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1832, Senator Rivera moves to discharge, from the Committee on Crime Victims, Crime and Correction, Assembly Bill Number 7501A and substitute it for the identical Senate Bill Number 5428A, Third Reading Calendar 1832.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1832, by Member of the Assembly Blake, Assembly Print Number 7501A, an act to amend the Correction 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 1833, by Senator Latimer, Senate Print 5436A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 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 1834, by Senator LaValle, Senate Print 5607A, an act to amend the Education 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 1835, by Senator Gallivan, Senate Print 5668, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR DeFRANCISCO: Lay the bill aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:In relation to Calendar 1836, Senator Farley moves to discharge, from the Committee on Education, Assembly Bill 7626A and substitute it for the identical Senate Bill Number 5718, Third Reading Calendar 1836.
ACTING PRESIDENT GRIFFO:We're on Calendar Number 1836.
The substitution is so ordered, and the Secretary will read.
THE SECRETARY:Calendar Number 1836, by Member of the Assembly Abinanti, Assembly Print Number 7626A, an act directing.
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.
Can I have some order in the house, please.
Senator Hamilton, did you want to explain your vote?
SENATOR HAMILTON:Yes.
ACTING PRESIDENT GRIFFO:Senator Hamilton to explain his vote.
SENATOR HAMILTON:I would like to commend Senator Farley on moving our educational system into the technological age of the Internet.
Right now many books that are written, by the time they reach our children, are out of date as far as technology. So this is a step in the right direction for electronic books. Many private schools have electronic books, as far as letting students bring the iPad to the school and curriculum is in the Cloud.
So I thank you for your foresight in putting this bill forward, and I'd love to see more bills coming in this direction to have electronic books rather than textbooks. Thank you, Senator Farley, for this bill.
ACTING PRESIDENT GRIFFO:Senator Hamilton to be recorded in the affirmative.
The Secretary will reannounce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1837, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 7547 and substitute it for the identical Senate Bill Number 5785, Third Reading Calendar 1837.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1837, by Member of the Assembly Abbate, Assembly Print Number 7547, an act to amend the Retirement and Social Security Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1838, by Senator Marcellino, Senate Print 5798, 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 1839, by Senator Comrie, Senate Print 5848, an act to amend the Not-For-Profit Corporation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 62. Nays, 1. Senator Hannon recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1840, by Senator Latimer, Senate Print 5851, an act relating 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, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1841, Senator Golden moves to discharge, from the Committee on Rules, Assembly Bill Number 2124A and substitute it for the identical Senate Bill Number 5856, Third Reading Calendar 1841.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1841, by Member of the Assembly Rosenthal, Assembly Print Number 2124A, an act to amend the Real Property Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 30th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1842, by Senator Ranzenhofer, Senate Print 5868A, an act to amend the Not-For-Profit Corporation Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 19. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1843, Senator Serino moves to discharge, from the Committee on Rules, Assembly Bill Number 382A and substitute it for the identical Senate Bill Number 5902, Third Reading Calendar 1843.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1843, by Member of the Assembly Rosenthal, Assembly Print Number 382A, 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 1844, by Senator Funke, Senate Print 5908, an act to amend the Election 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 1845, by Senator Klein, Senate Print 5955, 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.)
ACTING PRESIDENT GRIFFO:Senator Klein to explain his vote.
SENATOR KLEIN:Thank you, Mr. President.
This legislation will increase the penalty for unlicensed car dealers to prevent the practice known as curbstoning. Unfortunately, all over in certain areas in New York City, illegal car dealers are selling cars on roadways, taking up very scarce parking places, of course selling cars without a license to sell cars.
This legislation will crack down on this illicit activity, thus first of all making sure people aren't ripped off by these illegal car dealers, and opening up many, many more parking spaces along city streets, especially in Queens and Brooklyn and parts of the Bronx.
So I think this is going to go a long way towards finally cracking down on this illicit industry.
I vote yes, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Klein to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1846, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 7736 and substitute it for the identical Senate Bill Number 5977, Third Reading Calendar 1846.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1846, by Member of the Assembly Brabenec, Assembly Print Number 7736, 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 1846.
SENATOR RIVERA:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1846, those recorded in the negative are Senators Dilan, Hassell-Thompson, Hoylman, Krueger, Montgomery, Parker, Perkins, Rivera and Squadron.
Ayes, 54. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1847 is high and will be laid aside.
Calendar Number 1848, the Secretary will read.
THE SECRETARY:Calendar Number 1848, by Senator Serino, Senate Print 5980, 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.
Calendar Number 1849 is also high and will be laid aside.
Senator DeFrancisco, that completes the noncontroversial reading of Senate Supplemental Calendar 56A before the house.
SENATOR DeFRANCISCO: Could we now go to the supplemental active list -- it's a one-pager dated Thursday, June 18, 2015 -- and do the noncontroversial reading, please.
ACTING PRESIDENT GRIFFO:We will go to the noncontroversial reading of the New York State Senate Supplemental Active List dated June 18th.
And the first bill would be Calendar Number 183, by Senator Lanza. The Secretary will read.
THE SECRETARY:On page 6, Senator Lanza moves to discharge, from the Committee on Rules, Assembly Bill Number 7487 and substitute it for the identical Senate Bill Number 3472A, Third Reading Calendar 183.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 183, by Member of the Assembly Cusick, Assembly Print Number 7487, an act to amend the General City 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:On page 14, Senator Croci moves to discharge, from the Committee on Rules, Assembly Bill Number 6212A and substitute it for the identical Senate Bill Number 3139A, Third Reading Calendar 451.
ACTING PRESIDENT GRIFFO:There is a home-rule message present at the desk.
The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 451, by Member of the Assembly Murray, Assembly Print Number 6212A, an act to authorize.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Croci to explain his vote.
SENATOR CROCI:Thank you, Mr. President.
And I want to thank my colleagues for making sure this is on the active list.
And we're voting on a very important piece of legislation for a very proud small community on the South Shore that was devastated by Superstorm Sandy. What started as a small beach community with small houses is now a working community with working families.
And unfortunately, due to not only the mortgage crisis in this country but also the storms that we have had on the South Shore of Long Island, the zombie house crisis is in no worse shape than in Mastic Beach. It really is a problem. This is a piece of legislation which will give local government a tool to finally do something about it, and I compliment the Senate for pushing it forward.
ACTING PRESIDENT GRIFFO:Senator Croci to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 724, by Senator Griffo, Senate Print 4467C, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect 18 months 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:On page 24, Senator Ranzenhofer moves to discharge, from the Committee on Rules, Assembly Bill Number 7331 and substitute it for the identical Senate Bill Number 5070, Third Reading Calendar 924.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 924, by Member of the Assembly Schimminger, Assembly Print Number 7331, 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, 2. Senators Díaz and Sanders recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1023, by Senator Venditto, Senate Print 4952A, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Cam we have some order in the house, please.
The Secretary will continue.
THE SECRETARY:Calendar Number 1027, by Senator Serino, Senate Print 5538A, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:There is a home-rule message at the desk.
The Secretary will read the last section.
THE SECRETARY:Section 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 1076, by Senator O'Mara, Senate Print 4926A, 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.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1276, by Senator Ritchie, Senate Print 4543, an act requiring.
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 1411, by Senator Young, Senate Print 4784C, 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 1461, by Senator Carlucci, Senate Print 4472D, an act to amend the Mental Hygiene Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. This act shall take effect April 1, 2016.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Carlucci to explain his vote.
SENATOR CARLUCCI:Thank you, Mr. President.
I want to thank my colleagues for supporting this very important legislation. This legislation is referred to as the ABLE Act, which means Achieving a Better Life Experience.
And what this will do is allow for men and women and families of individuals living with disabilities to save in a tax-free account. And that will allow those families and those individuals to spend that money on qualifying expenses to achieve a better life experience. It could be to hire an aide, it could be to reconfigure your home to allow you to live more independently.
So I want to thank the over 40 cosponsors we have here in the Senate that signed on to make sure that we pass this important legislation. This will help tens of thousands of families and individuals here in New York State to live a better quality of life.
So I want to thank my colleagues in the Senate for fighting to make sure we pass this legislation and want to thank everyone that made this possible.
So I'll be voting in the affirmative.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Carlucci to be recorded in the affirmative.
Senator Marchione to explain her vote.
SENATOR MARCHIONE:Yes, thank you, Mr. President.
I'd like to thank Senator Carlucci for sponsoring this legislation and just to say to my colleagues how thankful I am too for their support on this.
I know you'll all remember on Down Syndrome Awareness Day when I handed out socks to everyone to talk about the differences in a fun way.
And, you know, I have a family member with Down syndrome, and one of the most difficult parts of having a child that has special needs is that you don't know how they're going to be taken care of when you're no longer with them. And this bill will allow my niece and so many other people across New York State to be able to plan for their child when the day comes that they're no longer here, and yet they won't lose the Medicaid that's so vital to so many of these individuals.
So I'd like to ask for my colleagues' support on this important piece of legislation. I do know in the Down Syndrome Association, worldwide, this was their most important piece of legislation.
So again, thank you, Senator Carlucci.
ACTING PRESIDENT GRIFFO:Senator Marchione to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco, that completes the noncontroversial reading of the supplemental active list dated Thursday, June 18th.
SENATOR DeFRANCISCO: Could we go to motions and resolutions and pass the Resolution Calendar, except for Resolution Number 2995.
And as far as that one is concerned, I'll wait till you pass the Resolution Calendar.
ACTING PRESIDENT GRIFFO:All in favor of adopting the Resolution Calendar which is before the house, with the exception of Resolution Number 2995, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The Resolution Calendar is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Would you please now adopt Resolution Number 2995, read the short title only, and recognize Senator Hassell-Thompson.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Concurrent Resolution of the Senate and Assembly, Resolution Number 2995, by Senator Hassell-Thompson, relating to the provision of civil legal services to the poor.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
I rise to commend New York State's Chief Judge Jonathan Lippman, the judges and the staff of OCA, who have worked tirelessly to ensure that equal justice and access to the court system stays a priority in the legal community.
New York's civil justice system has held the line instead under the weight of the greatest economic instability since the Great Depression. Our times paint a picture of a historic number of foreclosures, spikes in unemployment cases, domestic violence cases, debt collection and credit cases, and disability and workers' compensation cases.
New York State's chief judge, Judge Lippman, supported by advocates all over the nation, has traveled the state, through public hearings and speaking engagements, in a crusade to provide lawyers to the poor who are working to obtain or maintain the basic necessities of life; that is, litigating to protect their homes, to ensure that families have sufficient money to feed their children, and to ensure that there is basic medical care for the elderly as well as the young.
Since 2010, Democrats and Republicans have supported funding for civil legal services, which translates into providing legal advice or appointment of counsel for New Yorkers from Rochester to Jackson Heights. We have voted to help New Yorkers navigate through foreclosure actions, evictions, unemployment and disability benefits. And we will continue our efforts to achieve the ideal of equal access to justice for all.
I'm appreciative to Judge Lippman as he will be retiring this year, as of December 31, 2015. But in the time that he has served as New York State's chief judge, he has done a yeoman's job, I believe, in restructuring our courts and trying to bring justice and legal representation to all New Yorkers who need it.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator Hassell-Thompson.
The question is on the resolution. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, on the Resolution Calendar there's a Resolution Number 3002, by Senators Larkin and Croci, commemorating the 70th anniversary of Victory in Japan Day.
I just want to note that Senator Larkin and Senator Croci would like to open that resolution up for cosponsorship. And if anybody does not want to be a cosponsor, they can tell the desk.
ACTING PRESIDENT GRIFFO:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, notify the desk.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Can you do the noncontroversial reading of Senate Supplemental Calendar --
ACTING PRESIDENT GRIFFO:56B?
SENATOR DeFRANCISCO: Not yet. I've got another instruction here.
There's another resolution on the Resolution Calendar, Resolution Number 3000 -- which I don't see. There's no 3000 on the calendar.
But while they're figuring out what resolution they want the title read, we'll go to the noncontroversial reading of Senate Supplemental Calendar 56B.
ACTING PRESIDENT GRIFFO:We will turn to Senate Supplemental Calendar 56B, and the Secretary will begin the noncontroversial reading, Calendar Number 1850.
THE SECRETARY:Calendar Number 1850, by Senator Flanagan, Senate Print 2147, an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 8. 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 1851, Senator Marchione moves to discharge, from the Committee on Investigations and Government Operations, Assembly Bill Number 2414 and substitute it for the identical Senate Bill Number 3827, Third Reading Calendar 1851.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1851, by Member of the Assembly Barrett, Assembly Print Number 2414, an act to amend the Tax Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 1852, by Senator Nozzolio, Senate Print 3891, an act to amend the Volunteer Firefighters' Benefit Law.
ACTING PRESIDENT GRIFFO:Read the last section.
SENATOR DeFRANCISCO: Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1853, by Senator Young, Senate Print 3893B, an act to amend the Mental Hygiene 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.)
SENATOR DeFRANCISCO: Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:In relation to Calendar 1854, Senator Savino moves to discharge, from the Committee on Rules, Assembly Bill Number 5352 and substitute it for the identical Senate Bill Number 3923, Third Reading Calendar 1854.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1854, by Member of the Assembly Cymbrowitz, Assembly Print Number 5352, an act to amend the Elder Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1855, by Senator Felder, Senate Print 4172, 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:In relation to Calendar 1855, those recorded in the negative are Senators Bonacic, DeFrancisco, Gianaris, Kennedy, Krueger, Perkins, Rivera and Stewart-Cousins. Also Senator Sanders.
Ayes, 54. Nays, 9.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1856, Senator Hoylman moves to discharge, from the Committee on Children and Families, Assembly Bill Number 4347 and substitute it for the identical Senate Bill Number 4288, Third Reading Calendar 1856.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1856, by Member of the Assembly Davila, Assembly Print 4347, an act to amend the Executive Law.
ACTING PRESIDENT GRIFFO: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.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1856, those recorded in the negative are Senators Bonacic, Boyle, Croci, Gallivan, Griffo, Lanza and Larkin. Also Senator Murphy. Also Senator Serino. Also Senator Funke.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1856, those recorded in the negative are Senators Amedore, Bonacic, Boyle, Croci, DeFrancisco, Farley, Funke, Gallivan, Griffo, Lanza, Larkin, Little, Marcellino, Martins, Murphy, Ortt, Ranzenhofer, Ritchie and Serino. Also Senator Seward. Also Senator O'Mara. Also Senator Marchione.
Ayes, 41. Nays, 22.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1857, by Senator Seward, Senate Print 4313A, an act to amend the Education Law.
SENATOR DeFRANCISCO: Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1858, by Senator Savino, Senate Print 4748A, an act to amend the Real Property 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 1859, by Senator Carlucci, Senate Print 5119, an act to amend the Education Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 90th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1860, Senator DeFrancisco moves to discharge, from the Committee on Rules, Assembly Bill Number 7939A and substitute it for the identical Senate Bill Number 5533B, Third Reading Calendar 1860.
ACTING PRESIDENT GRIFFO:The substitution is ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1860, by Member of the Assembly Weinstein, Assembly Print Number 7939A, an act to amend the Judiciary 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 1861, by the Senate Committee on Rules, Senate Print Number 5671, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 61. Nays, 2. Senators Kennedy and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1862, by the Senate Committee on Rules, Senate Print Number 5719, 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, 59. Nays, 4. Senators Kennedy, LaValle, Murphy and Panepinto recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1863, by Senator Stewart-Cousins, Senate Print 5749, 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 1864, by Senator Felder, Senate Print 5755, an act relating to.
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 1865, by Senator LaValle, Senate Print 5784, an act to amend the Local Finance 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 DeFrancisco recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1866, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 8083 and substitute it for the identical Senate Bill Number 5833, Third Reading Calendar 1866.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1866, by Member of the Assembly Weinstein, Assembly Print Number 8083, an act to amend the Judiciary 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 Bonacic to explain his vote.
SENATOR BONACIC:Thank you, Mr. President.
E-filings started back in 1999. And because of expanding technology, it has been an enormous success in the courts. To date, there have been more than 820,000 cases that have been E-filed in the New York courts, and by year's end we expect that number will grow in excess of 1 million. And more than 58,000 attorneys in the State of New York have become registered users of the state's electronic filing.
And for it to happen in the courts, the county clerks must agree to this stuff in every county, and they're all supportive of this kind of expansion. It saves paper, saves travel for attorneys, less cost -- hopefully they pass it on to the clients. And it helps job efficiency in the county clerk's office.
So I vote aye, and I thank my colleagues for their support.
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator Funke recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:In relation to Calendar 1867, Senator Robach moves to discharge, from the Committee on Rules, Assembly Bill Number 8172 and substitute it for the identical Senate Bill Number 5883, Third Reading Calendar 1867.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1867, by Member of the Assembly Morelle, Assembly Print Number 8172, 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:In relation to Calendar 1868, Senator Felder moves to discharge, from the Committee on Rules, Assembly Bill Number 8239 and substitute it for the identical Senate Bill Number 5935, Third Reading Calendar 1868.
ACTING PRESIDENT GRIFFO:The substitution is so ordered.
The Secretary will read.
THE SECRETARY:Calendar Number 1868, by Member of the Assembly Persaud, Assembly Print Number 8239, 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 1869, by Senator Murphy, Senate Print 5951, an act to amend the Workers' Compensation 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.)
ACTING PRESIDENT GRIFFO:Senator Panepinto to explain his vote.
SENATOR PANEPINTO:Yes, I want to stand and compliment Senator Murphy on bringing --
ACTING PRESIDENT GRIFFO:Can I get some order in the chamber, please.
Senator Panepinto.
SENATOR PANEPINTO:I want to compliment Senator Murphy on, you know, passing this amendment to the workers' compensation statute.
For too long we've penalized spouses, whether they be men or women who are getting married, from getting the death indemnity benefits. And in this state we have an antiquated workers' comp system that penalizes claimants, it penalizes doctors, it penalizes medical providers.
And I look forward to working with Senator Murphy to fix our workers' compensation statute in this state. And this is a great reform that will help working families in the State of New York.
I vote aye.
ACTING PRESIDENT GRIFFO:Senator Panepinto to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 62. Nays, 1. Senator DeFrancisco recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1870, by Senator Funke, Senate Print 5958, an act to amend the Election Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 13. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Gianaris to explain his vote.
SENATOR GIANARIS:Thank you, Mr. President.
I'm going to be voting in the negative on this legislation, and I want to explain my reasons.
This is a bill that would change the presidential primary date. Unfortunately, it's a one-house bill that only conforms to the needs of the national Republican Party and its calendar. There are numerous technical problems with this bill that put it out of compliance with the Democratic National Committee rules and requirements. And also the way that the date has been selected would create additional penalties in terms of the delegates awarded to our state.
So I'm hopeful that we can come to an agreement on a two-house bill that can pass the Assembly and Senate so that that does not occur. But as it stands now, this bill does absolutely nothing to achieve a Democratic primary process that would be fair, and therefore I must vote in the negative.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Gianaris to be recorded in the negative.
Senator Martins to explain his vote.
SENATOR MARTINS:Thank you, Mr. President.
And I want to thank Senator Funke for introducing this piece of legislation.
It is inconceivable to me that we would -- or anyone would schedule a primary date on a religious holiday. Just a fact. And this is what has happened for next year.
We have the ability as a chamber for New York State and for those who practice that faith to offer certain protections, because people shouldn't have to decide whether or not they vote or whether they exercise their faith. That's just a fact.
This isn't about politics, this isn't gamesmanship, this is about protecting a person's right to exercise their faith. And understanding that when mistakes are made at a federal level, we have a responsibility at a state level to protect our constituents, to make sure that they have an opportunity to exercise their right.
So yes, we have a bill before us today, we have an opportunity to vote on this bill today. I will mention that there are 70-plus members of the other house in this Legislature that sent a letter also calling for a change of date. We just took the initiative.
So I vote aye. I congratulate my colleague for introducing this piece of legislation. And I encourage all of my colleagues to vote aye as well.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Martins to be recorded in the affirmative.
Senator Krueger to explain her vote.
SENATOR KRUEGER:Thank you very much, Mr. President.
As a proud Jewish American woman, I completely agree with part of my colleague's comments. We shouldn't put the election on Passover. There are many other dates that we could put the election on. Unfortunately, this bill has technical errors and mistakes.
So just want to make it clear, those of us who are voting no on this side are not voting no because we wish the election to be on a Passover. There are several other possible dates that are available that will neither violate religious holidays nor violate the actual rules of the election process.
I vote no. Thank you.
ACTING PRESIDENT GRIFFO:Senator Krueger to be recorded in the negative.
Senator Stavisky to explain her vetoing.
SENATOR STAVISKY:Thank you, Mr. President.
As another Jewish woman who observes Passover, I'm troubled by this bill. I like the idea that it takes it away from the eight days that we celebrate Passover, but there are so many bad parts of the bill that I am absolutely -- I have to vote no.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Stavisky to be recorded in the negative.
Senator Squadron to explain his vote.
SENATOR SQUADRON:Thank you, Mr. President.
I want to share the sentiment that we should not have the primary during the holiday of Passover.
The choice between the holiday of Passover and a primary that only works for one of the two major parties in this country is exactly political gamesmanship. It's inconceivable to me that it would be argued to be anything different.
I'm put in mind of the time not too many years ago when we were called back the second night of Passover to vote on the budget in this house, which should not have happened and hopefully will not happen in the future.
We should be respecting these holidays with our primaries, with our legislative calendar. I'll be voting no and hoping a real bill comes to the floor.
I vote no. Thank you.
ACTING PRESIDENT GRIFFO:Senator Squadron to be recorded in the negative.
Announce the result.
THE SECRETARY:In relation to Calendar 1870, those recorded in the negative are Senators Addabbo, Avella, Breslin, Carlucci, Comrie, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Kennedy, Klein, Krueger, Latimer, Montgomery, Panepinto, Parker, Perkins, Rivera, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins and Valesky.
Ayes, 36. Nays, 27.
ACTING PRESIDENT GRIFFO:The bill is passed.
Calendar Number 1871.
ACTING PRESIDENT GRIFFO:Calendar Number 1871, by the Senate Committee on Rules, Senate Print Number 5963, an act to amend the Executive Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
SENATOR LaVALLE: Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:The bill is laid aside for the day.
Senator LaValle, that completes the noncontroversial reading of Senate Supplemental Calendar 56B.
SENATOR LaVALLE: Mr. President, I'd like to go back to motions and resolutions.
ACTING PRESIDENT GRIFFO:Motions and resolutions.
SENATOR LaVALLE: Senator Panepinto has a previously adopted resolution, Number 3000. Would you have the title read only and then call on Senator Panepinto.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 3000, by Senator Panepinto, congratulating the Orchard Park High School Girls Varsity Softball Team upon the occasion of capturing the New York State Class AA Championship.
ACTING PRESIDENT GRIFFO:Senator Panepinto on the resolution.
SENATOR PANEPINTO:Yes, I apologize for the late hour, but I would be remiss if I didn't compliment the young women at Orchard Park High School that's in the 60th Senate District.
They won the AA championship this past weekend. They played Senator DeFrancisco and Senator Valesky's town of Liverpool, and they won in a spectacular game, 11 to 2.
And this is an amazing group of young women who started off the season losing three of their first five games. They weren't the top-ranked team in their division, but they came together as a team and were the best-hitting team in New York State over the course of the last month of the season.
And there's seven seniors on this team, or six seniors who this was their last game this week. And the nine starters are girls that I'm all familiar with. My daughter is a softball player and has played against many of them over the years. And it was just a beautiful thing to watch this team come together.
And in their Saturday game, their pitcher, Molly Hennessy, walked 11 batters and struck three. And you usually take a big loss when you walk 11 batters and strike three, but she was able to strike out another 15 girls in that game to get out of the game and then also went, I think, three for four and drove in several runs.
So my hat's off to the Orchard Park Girls Softball Team. They are the first state championship for the Lady Quakers, and they'll continue a proud tradition at Orchard Park.
Thank you very much.
ACTING PRESIDENT GRIFFO:Thank you, Senator Panepinto.
As noted, the resolution was previously adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'm making a motion to reconsider the vote by which Senate 2147 was passed.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 1850, by Senator Flanagan, Senate Print 2147, an act to amend the Vehicle and Traffic Law.
SENATOR DeFRANCISCO: And now could you restore the bill to third reading and lay it aside for the day.
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 is restored to third reading and will be laid aside for the day.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, we're going back to Supplemental Calendar Number 56A. And please do the controversial reading of Calendar Number 1829.
ACTING PRESIDENT GRIFFO:We are now on Senate Supplemental Calendar 56A. The Secretary will ring the bell.
And it is Calendar Number 1829, by Senator Savino. The Secretary will read.
THE SECRETARY:Calendar Number 1829, substituted earlier by Member of the Assembly Bronson, Assembly Print Number 2242, an act to amend the Civil Rights Law.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, it's my understanding this bill basically allows for a judge to waive the publication in a proceeding to change a name.
May I ask Senator Savino if she would answer some questions.
ACTING PRESIDENT GRIFFO:Senator Savino, do you yield?
SENATOR SAVINO:Certainly.
ACTING PRESIDENT GRIFFO:The Senator yields.
SENATOR DeFRANCISCO: And, Senator Savino, basically this bill says that a judge can waive the publication requirement. And in waiving the publication requirements, a court shall not deny a waiver solely on the basis that the applicant lacks specific instances of or a personal history of a threat to personal safety; correct?
SENATOR SAVINO:Through you, Mr. President, yes.
SENATOR DeFRANCISCO: So basically someone could say I'm in -- I'm concerned about my personal safety, and when I change my name I don't want the world to know who I am. Is that basically what it is?
SENATOR SAVINO:Through you, Mr. President, that would -- what the proposed statute says is that a judge would be able to waive the publication requirements to protect the personal safety of an individual in certain circumstances, based on the totality of the circumstances.
Which could include, Senator DeFrancisco, that that person not have to show actual past or historical abuse or violence against the petitioner.
SENATOR DeFRANCISCO: All right. So what can someone -- what does someone have to show, what evidence do you have if you don't have evidence of specific instances where that person is in fear of violence?
SENATOR SAVINO:Through you, Mr. President. Obviously the judge would make that determination.
This piece of legislation was introduced recognizing that individuals who are victims of domestic violence, more than anything, oftentimes seek to change their name to be able to hide from their abusers.
Unfortunately, as you know -- as we know, as we deal with domestic violence cases -- you may not always have a criminal record against your abuser because, unfortunately, victims of domestic violence don't always follow through with criminal prosecution.
SENATOR DeFRANCISCO: But you said the judge will decide. But if he has no specific incidents of violence, what evidence does a person have to show in order to not tell the world that they're changing their name?
SENATOR SAVINO:Through you, Mr. President, the judge would have to take into consideration the testimony that was provided by the applicant for the name change and base it on, I guess, the veracity of the tale that was presented to the court.
SENATOR DeFRANCISCO: Well, if the person can't give specific instances where they could show that they've been a victim of violence or that they're in jeopardy physically, what do they prove?
SENATOR SAVINO:Through you, Mr. President, they may not be able to provide legal evidence, there may not be a criminal record, but they can provide evidence with respect to assaults, to -- through you, Mr. President, we seem to be having this conversation on our own here.
There could be medical records, there could be witness testimony, there could be corroborating information from family members, there could be a whole host of things. Which is why a judge has the ability to make that determination based upon a totality of the circumstances.
SENATOR DeFRANCISCO: But if there's medical records, wouldn't that be proof of a specific incidence of violence?
SENATOR SAVINO:Through you, Mr. President, perhaps. But we would allow, again, a judge to make that determination.
SENATOR DeFRANCISCO: And what if a witness saw someone get beaten up? Wouldn't that be specific evidence of violence?
SENATOR SAVINO:It's possible.
SENATOR DeFRANCISCO: All right, let me ask it this way, because this is what I'm getting back down to.
SENATOR SAVINO:Sure.
ACTING PRESIDENT GRIFFO:Do you want Senator Savino to continue to yield?
SENATOR DeFRANCISCO: I would like to.
ACTING PRESIDENT GRIFFO:Senator Savino yields.
SENATOR DeFRANCISCO: So my question is this. What if it's the abuser, the abuser who's going into court for a name change because he wants to get out of the area, start a new life, comes to New York, wants to -- and he says to the judge: "Judge, I really -- my life is hell. I've literally been beaten up by my -- by other people in the world. And if I put my name out in a publication, they'll know where I am." In an effort, in an effort to be -- his name changed so he could go abuse other women.
SENATOR SAVINO:Through you, Mr. President. Senator DeFrancisco --
SENATOR DeFRANCISCO: Wouldn't you think -- let me finish. Wouldn't you think that there ought to be at least specific incidents that the judge bases the order to waive the publication?
SENATOR SAVINO:Through you, Mr. President, that is an excellent question, Senator DeFrancisco.
SENATOR DeFRANCISCO: I know it is.
(Laughter.)
SENATOR SAVINO:The current statute in fact does state that an individual who applies for a name change has an obligation to notify and disclose to the court any criminal history or bankruptcy proceedings so that they're not trying to escape from creditors. This is so the judge can weigh whether the applicant is trying to avoid potential criminal charges or creditors.
In addition, the criminal procedure statute actually requires notification to victims if a criminal makes an application to change their name.
SENATOR DeFRANCISCO: I understand that.
May I ask another question?
ACTING PRESIDENT GRIFFO:Do you yield, Senator Serino -- Savino?
SENATOR SAVINO:Savino yields.
(Laughter.)
ACTING PRESIDENT GRIFFO:I got it, Senator.
SENATOR SAVINO:Savino, Serrano, Serino.
(Laughter.)
ACTING PRESIDENT GRIFFO:Savino, I got it.
Let's get some decorum in the chamber, okay? I expect both of you to work through the chair now. Okay?
SENATOR SAVINO:I'm trying.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco -- do you yield, Senator Savino?
SENATOR SAVINO:I do.
ACTING PRESIDENT GRIFFO:You got it. Senator DeFrancisco, pose your question.
SENATOR DeFRANCISCO: Yes, I will.
Now -- I don't have any further questions. I'd just like to speak on the bill.
SENATOR SAVINO:Thank you.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco on the bill.
SENATOR DeFRANCISCO: You know, the whole purpose -- many people want to get a name change for different reasons. The whole purpose of publication is to give the world notice that somebody may want to go underground with a new name that's either been an abuser, either been someone who's defaulted on all of his or her debts, someone who just wants to get a name change and is willing to -- and the public should be notified of that.
So it's easy to think about the victims of domestic violence, but that's not the whole slew -- that's not the whole -- pardon me?
SENATOR HANNON:The whole spectrum.
SENATOR DeFRANCISCO: That's not the whole spectrum of people who apply for name changes.
And it's just as likely that an abuser might -- to go underground, would seek a name change. Wouldn't you think, to avoid publication, the judge should at least have some specific instances that are alleged and not only alleged but proven at trial? I don't have any specific incidents, Judge, but I'm really scared to death.
And it seems to me that when we look at legislation through the eyes of one individual, that's not necessarily all the individuals that you have to look at legislation for.
And that's the point I'm raising, and that's why I'm going to vote no on this legislation. Not because I'm one of those horrible people who doesn't protect victims of domestic violence, but because the publication has a reason behind it. And this, I think, gives too much leeway to have people who shouldn't get name changes, who shouldn't avoid publication, get the name change and also go underground, to the detriment of many people.
Thank you. Thank you, Senator Savino.
And thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Thank you, Senator DeFrancisco.
Senator Nozzolio.
SENATOR NOZZOLIO:Thank you, Mr. President.
Mr. President, on the bill.
ACTING PRESIDENT GRIFFO:Senator Nozzolio on the bill.
SENATOR NOZZOLIO:Mr. President, I believe the sponsor of this legislation is very well-intentioned in trying to ensure that the criminal justice system recognizes the elements of danger in our society and how that danger could be inflicted upon an innocent victim.
What I fear this measure contains, though, is an overly broad approach to not only trying to protect the victim but inadvertently protecting the perpetrator of the crime.
For instance, in a domestic violence circumstance where the perpetrator was the male in the domestic violence incident and perpetrated the violence, sent to prison as a result, could come out of prison, allege that because he was involved with very dangerous types behind the prison walls, that that dangerous circumstance would in fact allow him to get a name change.
Now, how is that protective of the real reason why that person was in prison incarcerated in the first instance? That's a perpetrator of domestic violence, goes to prison, can come out and say "Well, never mind" to society and then have his name erased from the record book.
That, Mr. President, is an extreme, sadly extreme but realistic result of what the sponsor is trying to do. I know it's an unintended consequence.
But the fact of the matter is if the measure was limited to victims, I would wholeheartedly support and ask the sponsor to join her as a cosponsor, to be able to join the legislation as a cosponsor. But I think that this loophole is significant enough that we need to analyze and think twice before allowing those individuals, who put themselves in harm's way because of their own bad acts, in effect then get the protections of this ability to change your name, erase your record, and go back into society without society even knowing.
Now, a judge could limit this. And I'm particularly concerned with Megan's Law, the sex perpetrator going to prison, the same fact pattern. Involved with dangerous individuals, comes back and petitions the court for eliminating their current name, going to a new name. That new name then would basically potentially shield that perpetrator from the responsibility of the sexual assault offense.
So, Mr. President, for those reasons I think this very well-intentioned legislation needs a few amendments to close those loopholes, is necessary in order to protect the public interest.
ACTING PRESIDENT GRIFFO:Thank you, Senator Nozzolio.
Senator Krueger.
SENATOR KRUEGER:Thank you. I rise to support the bill.
I think that my two colleagues who are objecting are coming up with hypotheticals that I believe Senator Savino answered by explaining the statutes that are already on the books, so that the possibility of a criminal getting a judge to allow him to do a name change without the judge knowing that in fact this was a predator, this was a criminal, and that far more investigation would need to be done before ever allowing the consideration of that person's name change, is already established in statute and in law.
On the other hand, for victims of sexual violence, domestic violence, people who have had their children kidnapped from them by the other spouse and having to fight to protect, to get their children back, to start a new life in safety, to ensure that -- or at least to hope to ensure that they can go back into the world at some level of safety and normalcy and continue their lives in a new community with their children, it is critical to be able to change one's name.
I would argue that the criminal element is not so likely to go to court to try to get a name change, they'll just go a/k/a, as you see all the time with criminals faking many different names. They don't go to court and try to change their name, they're the ones who simply write a new name and hide under that.
It is the victims in our society, and their children, who end up having to live in fear because they can't get that fresh start. And they will have to prove to the judge themselves why they have a basis for needing to not have their name published.
But I think anybody who's ever worked with survivors of domestic violence understands the critical importance of being able to keep information about your whereabouts and even your identity confidential. Because there's been too many tragedies when that information got out.
I want to thank the sponsor for the bill, and vote yes.
ACTING PRESIDENT GRIFFO:Senator Savino.
SENATOR SAVINO:Thank you, Mr. President.
Let me just try and address some of the concerns of Senator Nozzolio. And I think I tried to address Senator DeFrancisco.
The current statute states very clearly that there are publication requirements if an individual applies to the court for the purposes of changing their name. They must be publicized so that people will be aware of it.
There are certain circumstances in which they are currently waived. Under the current law, a court can authorize a waiver of publication and sealing of the court record if -- upon a finding that the publication of a name change would jeopardize the safety of the person.
Under Criminal Procedure Law, that criminal that Senator Nozzolio described would be required to publish it, not be granted a waiver under any circumstance, and be required to notify any of his potential victims or past victims that a potential application to change his name had been made.
The current statute, as I said, has an obligation for an applicant for a name change to disclose their criminal history or a bankruptcy. So they can't hide from people who they owe money to or someone that they may have harmed in the past.
This statute that we're talking about today preserves all of those things but allows for a waiver from a judge if they determine that -- if the court finds that the publication of an applicant's name would jeopardize the applicant's personal safety, but adds an additional exception based on the totality of the circumstances.
So the question I have to all of us here, do we have no faith in our judges who will examine these applications and make the determination? It's not an automatic waiver of the notification of name change. It's under certain circumstances where a judge decides that a person's personal safety could be at risk and they may not be able to provide the actual documentation to prove it, but based on the totality of the circumstances.
But that criminal who's coming out of prison is not going to be able to change his name without being required to publicize it. That's just not going to happen.
So I would hope that we would examine the statute that is before us and recognize that people have circumstances in their life that sometimes give them the need to start over, for their own personal safety. And I would hope that we would take that into consideration.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that wishes to be heard, 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 GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco to explain his vote.
SENATOR DeFRANCISCO: I just want to try to clarify, because based on some of the debate, I don't think people really understood what I was talking about.
What I'm talking about is this is written so broadly that it says the judge can still deny a waiver even if the person cannot point to specific instances of or a personal history or threat to personal safety. How else do you prove it?
So any judge has got to follow the law. And you follow the law, you don't have to show anything to avoid publication.
And I'm not talking about people in jail -- Senator Nozzolio was -- I'm talking about an average Joe who's beating up his wife or doing sexual offenses. There's no criminal record, so -- but someone, by publication, may recognize the name and say "Wait a minute," notify the judge or notify a lawyer or whatever.
So that was my point to the language as far as the lack of proof that's required. And it could backfire and protect the identity of a bad guy rather than an abused person.
So that's why I vote no.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco will be recorded in the negative.
Announce the results.
THE SECRETARY:In relation to Calendar 1829, those recorded in the negative are Senators Amedore, Bonacic, DeFrancisco, Golden, Hannon, Little, Marchione, Murphy, Nozzolio, O'Mara, Ortt, Serino and Young. Also Senator Martins. Also Senator Larkin.
Absent from voting: Senators Peralta and Sampson.
Ayes, 46. Nays, 15.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr. President, can you now call up Calendar 1851 on the controversial calendar.
ACTING PRESIDENT GRIFFO:We're on 56B, it will be Senate Supplemental Calendar 56B, Calendar Number 1851 on Senate Supplemental 56B.
The Secretary will ring the bell, and the Secretary will read.
THE SECRETARY:Calendar Number 1851, substituted earlier by Member of the Assembly Barrett, Assembly Print Number 2414, an act to amend the Tax Law.
ACTING PRESIDENT GRIFFO:Senator Squadron.
SENATOR SQUADRON:Thank you, Mr. President. If the sponsor would yield for some questions.
ACTING PRESIDENT GRIFFO:Senator Marchione, do you yield?
SENATOR MARCHIONE:Yes, Mr. President.
ACTING PRESIDENT GRIFFO:I'm going to ask for some order in the house so the members can hear each other.
Senator Squadron, proceed.
SENATOR SQUADRON:Thank you, Mr. President.
First of all, I want to say that I think I understand the intent of this bill, and it's one that makes a great deal of sense to me. We have farmers throughout the state. In order to get that their product to market, they need to take the highways and byways of the state, including the State Thruway. And the idea of lowering the cost for farmers on the State Thruway makes a great deal of sense.
If, Senator Marchione, I understand the purpose of the bill correctly?
ACTING PRESIDENT GRIFFO:Senator Marchione.
SENATOR MARCHIONE:I'm sorry, I didn't hear the question.
SENATOR SQUADRON:I apologize. It's a busy night here.
My understanding of the bill is that it's meant to lower costs for farmers throughout the state who need to take the roads of the state to deliver their product to market, to get the equipment needed to farm. It's meant to lower the costs for them when they have to use the Thruway so as to make it more viable to engage in those farm activities. As someone who represents the New York City area, I very much appreciate when farmers use the Thruway to come down and sell their products to us at farmers markets and the like.
I just wanted to confirm that I understand the intent of the bill.
SENATOR MARCHIONE:Yes, that's the bill, is to allow a tax credit for tolls on the New York State Thruway up to 150 miles from the farm.
SENATOR SQUADRON:Great. If the sponsor would continue to yield.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR MARCHIONE:Yes.
SENATOR SQUADRON:Thank you.
So I just have a couple of sort of technical questions about this bill. And I know it's a bill that's been around a couple of years; first time we're seeing it move. And I think that -- I was not involved in it in the committee process.
But so I understand, does this use any of the existing Department of Motor Vehicle definitions for farm vehicles or agricultural trucks?
SENATOR MARCHIONE:I don't think I could answer that without looking at the law. A farm vehicle is a vehicle that is used to get a product to market.
In the law -- in the bill it states, under Section B, that for the purposes of this section, farm vehicle shall mean a vehicle which is registered with the Department of Motor Vehicles and authorized to travel on the New York State Thruway, having a gross weight of less than 26,000 pounds.
SENATOR SQUADRON:Great. So just so I understand, that means anyone who owns a vehicle and owns a farm and is on the Thruway?
SENATOR MARCHIONE:They have to be carrying the product. There are three -- they have to be -- is used to transport agricultural products, farm machinery, farm supplies or all the aforementioned -- or all that we've talked about, yes.
SENATOR SQUADRON:Great. So it's anyone who owns a vehicle, owns a farm and has, say, a bag of fertilizer in the truck?
SENATOR MARCHIONE:Up to 26,000 pounds, if you're a small to medium-sized farmer.
SENATOR SQUADRON:So anyone who owns a vehicle --
ACTING PRESIDENT GRIFFO:Senator Squadron, I just want to remind you that I'm exercising the same flexibility with you that I did previously with Senator Savino.
So you may continue.
SENATOR SQUADRON:Thank you so much, Mr. President. I appreciate the fairness and consistency with which you rule.
(Laughter.)
SENATOR SQUADRON:Through you, Mr. President, if the sponsor would continue to yield.
SENATOR MARCHIONE:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Thank you.
So it's if you own a farm and you own a vehicle, it's under 26,000 pounds, and you have a bag of fertilizer in the trunk, you get 75 percent back on the Thruway toll?
SENATOR MARCHIONE:The intent is to make sure that you are using it to transport, as the bill has stated.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR MARCHIONE:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Did the sponsor consider using one of the existing definitions in law for farm or agricultural vehicles, such as the one that the Department of Motor Vehicles, you know, lets you register on its MV-82 form to mark it as an agricultural truck, which is, to my understanding, sort of the standard way that this sort of equipment or products are transported?
SENATOR MARCHIONE:No. I've already given you the definition of farm vehicle as used in this law.
SENATOR SQUADRON:I think the question I'm asking is why not use the definition that exists in the Vehicle and Traffic Law that already defines farm vehicles and agricultural trucks, as opposed to this new definition that only exists here?
SENATOR MARCHIONE:Because this is the definition that we elected to use in this particular bill.
If that's not the right definition for what you would like, then you certainly vote no. But this is the definition that we've used here. This is helpful to our farmers to be able to reduce their costs.
There's been so many times in this chamber that I've listened to New York City people tell me about not being able to get adequate amounts of healthy good food and we need to move them. That's just what this bill will do. Helping our small and medium farmers to be able to drive the products down and to get a reduction in the cost of the tolls truly may make us open for business, as we've been saying we are.
SENATOR SQUADRON:If the sponsor would continue to yield.
SENATOR MARCHIONE:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:I could not agree more that we should be doing a lot more to help small and medium-sized farmers transport and sell their goods, that in New York City we would love to have a much greater supply of New York farmers' products to buy, and that they are the envy of the world. And we should be making it a lot cheaper. I think we should be clear, the goal of this bill is one I really understand and respect.
I'm just trying to figure out why there's a new definition of farm vehicle that seems maybe not to achieve that goal, instead of an existing definition that we have at the State Department of Motor Vehicles.
SENATOR MARCHIONE:Through you, Mr. President, I believe that the definition of farm vehicle in this bill does achieve the goal that the bill is looking for.
SENATOR SQUADRON:And if the sponsor would continue to yield.
SENATOR MARCHIONE:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:What's the sponsor's expectation -- or through the fiscal note, if the sponsor can refer to the fiscal note -- of the cost of this bill to the state?
SENATOR MARCHIONE:We believe it will be minimal.
ACTING PRESIDENT GRIFFO:Senator Squadron.
SENATOR SQUADRON:If the sponsor will continue to yield.
SENATOR MARCHIONE:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Just to unpack that just briefly, you know, we're talking about people who own a farm, own a vehicle under a gross vehicle weight of 26,000 pounds, are transporting anything related to the farm, essentially, I think we've agreed, on the Thruway. I think we all of us who take the Thruway know Thruway tolls are quite high, a lot higher than many of us would like.
Is the Thruway Authority going to be the one that picks up the tab?
SENATOR MARCHIONE:The State of New York.
SENATOR SQUADRON:Will the sponsor will continue to yield.
SENATOR MARCHIONE:Yes.
ACTING PRESIDENT GRIFFO:The sponsor yields.
SENATOR SQUADRON:Does the sponsor have sort of an estimate of how many -- well, I guess any measure, how many vehicles, how many farmers, how many trips it would use this year, sort of any measure of scale?
SENATOR MARCHIONE:No.
SENATOR SQUADRON:Okay, thank you very much.
On the bill.
ACTING PRESIDENT GRIFFO:Senator Squadron on the bill.
SENATOR SQUADRON:I thank the sponsor very much for answering the questions and for carrying this bill. Which again, I think the sponsor articulated an important and worthy goal for this bill, one that I want to reiterate I share. I think many of us in this chamber do.
I appreciate the fact that the sponsor put the bill in and is trying to push to make the transporting of these goods, the equipment necessary to farm more affordable. And the Thruway is a great way to do that, because of course it is a state -- it's a public authority, but it is a state charge.
My concern here is just that sort of as this kind of came through the committee process and to the floor, I worry about the fact that we're not using an existing definition of farm vehicle, because I think it makes it hard to know exactly why someone is on the Thruway transporting these goods, since we do have that definition in the law.
And I'm concerned about the fact that we don't know the cost and we're not, you know, considering whether we should charge it back to the Thruway, for example, as opposed to the taxpayers, which this bill does.
So with a heavy heart, I'm going to have to vote no on this version of the bill.
But I'd say to the sponsor that I look forward to seeing the bill again, if it doesn't become law this year, and certainly working together on exactly the goals the sponsor articulated, which, as I say, I find worthy and something that we should be spending focus on in this state.
So I'll be voting no, Mr. President.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that -- Senator Montgomery.
SENATOR MONTGOMERY:Yes, Mr. President, thank you.
I rise to support this legislation. While I certainly can understand some of the questions raised by my colleague Senator Squadron -- he and I have districts that abut each other -- nothing pleases me more than when I leave home on Saturday morning and I pass by one of the green markets in my district, which is -- and there's one solid block of trucks that I hope all of them being from upstate. Unfortunately, some of them are from New Jersey.
But for the most part, they are farmers who have come in to the green market. And that particular green market is more crowded and busier than any of the supermarkets that I've ever visited. So people actually are so hungry for fresh produce and so excited to be able to make that connection with our farmers from upstate.
And I believe -- I often think what could we do to even more so support the farmers so that we can ensure the sustainability of this relationship that we have with them and they with us, as the market for their produce.
So I certainly am supporting this. Maybe it's not the perfect, but it certainly is something that I believe we should be doing, especially since it is an attempt to say to the farmers in our own state that we want to continue to support you in whatever small ways that we can, this being one of the them.
So if you're willing to get up I guess at 3 o'clock in the morning and drive down to be at our green market by 7:00 or 8:00 in the morning, the least we can do is hopefully offer you some -- give you some support in being able to do that.
So I want to say, to Senator Marchione, thank you. This is something that I would certainly like to be able to do myself, because I thank those farmers.
And so on behalf of the people in my district, and I think all over our city, who are so excited about the green markets where farmers come and bring produce so that we have access to fresh produce from our own farmers in our own state, I thank you on their behalf.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:Seeing and hearing no other Senator that wishes to be heard, 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 GRIFFO:The Secretary will call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
Senator Ritchie to explain her vote.
SENATOR RITCHIE:Thank you, Mr. President.
I just wanted to take a moment to thank Senator Marchione for her bill today.
Not a day goes by that I don't hear from someone across the state, many of my colleagues, how important it is to get farmers' products from upstate downstate. And I think this bill does just that.
The number-one obstacle is transportation costs. This would give them a 75 percent tax credit. This is something that has come up over and over again. Besides paying the driver and the cost of the vehicle, the tolls are an impediment to get that done.
So, Senator Marchione, I want to thank you for this bill.
And just in closing, I'd like to mention the definition of a farm vehicle is what came up. If anything, Senator Marchione took great pains in making sure that she has language in here to control the costs when it comes to giving exemptions on -- the rebates for the tolls that are on the highway. And so, Senator, thank you for that, and I'm sure farmers across New York State will thank you too.
I vote aye.
ACTING PRESIDENT GRIFFO:Senator Ritchie to be recorded in the affirmative.
Senator Carlucci to explain his vote.
SENATOR CARLUCCI:Thank you, Mr. President.
I too want to thank Senator Marchione for sponsoring this legislation and thank Senator Ritchie and Senator Montgomery for your comments.
The cost of tolls is a huge problem for all New Yorkers. And this is an important step in the right direction to make sure that we're keeping our farms alive in New York State.
And I'd like us to go even further. The cost of rising tolls eats away at middle-class families' buying power, and we should do everything possible to help fight that. We need to do a toll tax credit for middle-class families for tolls.
So I want to thank the sponsor for pushing this forward and pledge to work with you to make sure we address the issue of the rising tolls in New York State to help all middle-class families across this state.
Thank you, Mr. President. I vote affirmative.
ACTING PRESIDENT GRIFFO:Senator Carlucci to be recorded in the affirmative.
Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President.
I'm supporting this bill, but I did want to say that I think we should be mindful that we need to score bills to understand what their fiscal implications are. They could be great policy ideas, but we should have a sense of how much that's going to cost the State of New York and its taxpayers.
Simply saying the cost is minimal isn't enough, because we know that that can mean a lot of different things to a lot of different people. So I think we need do to do a better job in understanding what the costs are to the taxpayers.
I'll be voting aye.
ACTING PRESIDENT GRIFFO:How do you vote, Senator Hoylman?
SENATOR HOYLMAN:Aye.
ACTING PRESIDENT GRIFFO:Senator Hoylman to be recorded in the affirmative.
Senator Hamilton to explain his vote.
SENATOR HAMILTON:Yes, Mr. President, I rise to support this bill.
Senator Marchione, I think it's a great idea to get fruit from upstate New York to downstate. And we're saving money on tolls, but we're saving much more than that. As we get fresh fruit down to the city and to urban areas, we're cutting down on medical costs, we're cutting down on diabetes, we're cutting down on high blood pressure. And we're just cutting down on bad eating habits.
So I think this is a great idea, Senator Marchione, in making this happen. I think we should have more tax credits to get more fresh fruit down to our urban centers that have basically a fruit and vegetable desert.
So I applaud you for this bill, and I will support your other bills for getting fresh fruit down to New York City. Thank you very much, Senator Marchione.
ACTING PRESIDENT GRIFFO:Thank you. Senator Hamilton to be recorded in the affirmative.
Senator Stavisky to explain her vote.
SENATOR STAVISKY:Yes, thank you, Senator, for introducing this bill.
A number of years ago your predecessor invited a number of us to tour some of the farms in Rensselaer County, which I was delighted to participate. Because too often people in the city assume that food -- that milk comes from the supermarket, that an apple comes from the supermarket. And we visited apple farms and fruit farms and dairy farms.
And I think there should be more of this interaction, because we are one state. It may be grown upstate and consumed downstate, but I'm very proud of the farmers market that we have in Queens, opposite Queens College. And I think these are terrific programs. And anything we can do to help the agricultural community in upstate New York, I'm delighted to support.
Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Stavisky to be recorded in the affirmative.
Senator Marchione.
SENATOR MARCHIONE:Thank you, Mr. President.
Thank you for the support that we're getting on the floor for this bill. This really is a terrific bill for our farming community. This bill really helps them. You know, you have to sell a lot of heads of lettuce in order to make a profit. And when you're spending the kind of money they're spending on trying to get the products around, this will be so helpful to our farmers.
You know, and there's a lot of other benefits besides health benefits for this. The farmers will be able to sell more of their products --
ACTING PRESIDENT GRIFFO:Excuse me, Senator Marchione.
Can we have some order in the chamber.
Proceed, Senator.
SENATOR MARCHIONE:Thank you.
The more products, of course, that they're able to sell and able to move, the more income they'll make, the more discretionary income there is to spend. And just a better overall economy, truly making New York, as I said, open for business.
So from our farmers, this is a tremendous bill for them, and I'm pleased to support it and to sponsor it.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Marchione to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar Number 1851, those recorded in the negative are Senators Espaillat and Squadron.
Absent from voting: Senators Peralta and Sampson.
Ayes, 59. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator Marcellino.
SENATOR MARCELLINO:Mr. President, can we return to Calendar Number 1852, by Senator Nozzolio, which had been laid aside for the day. We'll remove the lay-aside and take it up noncontroversial.
ACTING PRESIDENT GRIFFO:Without objection, the Secretary will read, noncontroversial, Calendar Number 1852, by Senator Nozzolio.
THE SECRETARY:Calendar Number 1852, by Senator Nozzolio, Senate Print 3891, an act to amend the Volunteer Firefighters' Benefit 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.
Senator Marcellino.
SENATOR MARCELLINO:Mr. President, I believe you have some committee assignments that have been handed up to the desk. Can we have them accepted?
ACTING PRESIDENT GRIFFO:The committee assignments are received and shall be ordered to be put into the Journal.
SENATOR MARCELLINO:Can the Senate stand at ease for a moment or two.
ACTING PRESIDENT GRIFFO:The Senate will stand at ease momentarily.
(Whereupon, the Senate stood at ease at 9:50 p.m.)
ACTING PRESIDENT GRIFFO:Senator Marcellino.
SENATOR MARCELLINO:Yes, sir, Mr. President.
ACTING PRESIDENT GRIFFO:We'd like to acknowledge two significant individuals who have special events upcoming tomorrow.
We understand that Senator Jack Martins and Senator Jose Serrano will both celebrate their birthdays tomorrow. So we want to extend them a very happy birthday.
(Applause.)
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: I don't want to be critical, but you could just wait a couple of hours and --
(Laughter.)
ACTING PRESIDENT GRIFFO:I don't think Senator Díaz wants us to wait that long. Right?
SENATOR DIAZ:No.
(Laughter.)
ACTING PRESIDENT GRIFFO:We'll remain at ease, Senator Marcellino.
(Whereupon, the Senate reconvened at 9:52 p.m.)
ACTING PRESIDENT GRIFFO:Senator Marcellino.
SENATOR MARCELLINO:I would like to say there will be an immediate meeting of the rules Committee at 10:05.
ACTING PRESIDENT GRIFFO:There will be an almost immediate meeting of the Rules Committee at 10:05.
SENATOR MARCELLINO:In Room 332.
ACTING PRESIDENT GRIFFO:In Room 332. A meeting of the Rules Committee at 10:05 in Room 332.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 9:52 p.m.)
(Whereupon, the Senate reconvened at 10:23 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I understand you have a report from the Rules Committee.
ACTING PRESIDENT GRIFFO:I do have a report of the Rules Committee before the desk.
SENATOR DeFRANCISCO: Can we take up that report.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Senator Flanagan, from the Committee on Rules, reports the following bill direct to third reading:
Senate Print 5997, by the Senate Committee on Rules, an act to amend Chapter 576 of the Laws of 1974.
SENATOR DeFRANCISCO: 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 of the Rules Committee is accepted and before the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: We now have Calendar 56C. Please do the noncontroversial reading.
ACTING PRESIDENT GRIFFO:On Calendar Number 56C, which is before the house, the Secretary will read Calendar Number 1872.
THE SECRETARY:Calendar Number 1872, by the Senate Committee on Rules, Senate Print Number 5997, an act to amend Chapter 576 of the Laws of 1974.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco, the bill is high.
SENATOR DeFRANCISCO: Is there a message of necessity at the desk?
ACTING PRESIDENT GRIFFO:There is a message of necessity by the Governor before the desk.
SENATOR DeFRANCISCO: I move that we accept the message.
ACTING PRESIDENT GRIFFO:All in favor of accepting the message of necessity of the Governor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(Response of "Nay.")
ACTING PRESIDENT GRIFFO:The message is accepted, and the bill is before the house.
SENATOR DeFRANCISCO: Okay. Will you read the last section.
ACTING PRESIDENT GRIFFO:The Secretary will 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:Senator Espaillat, to explain his vote.
SENATOR ESPAILLAT:Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Order, please.
SENATOR ESPAILLAT:This has been a difficult week for many of us, putting in long hours throughout the week, but it certainly has not been as difficult as it was for tenants in the City of New York, who have been anxiously waiting for us to complete our work.
And we have seen several pieces of legislation floated around that address the issue of rent stabilization for the City of New York. One of them provided an eight-year extender. The other one that never hit the floor allegedly provided a four-year extender for these rules.
However, we all know that we must do better and that in fact we must address the issues of affordability and the high rents that are impacting dramatically 2.5 million New Yorkers across the five boroughs of the City of New York and other counties.
We must come back in four days. This bill proposes that we come back on Tuesday. It proposes a straight extender towards Tuesday.
And we must come back, and we must take up vacancy decontrol. We must take up the 20 percent bonus that is given to landlords. We must take up major reforms for capital improvements and individual apartment improvements and preferential rent. These are the substantive issues that drive the rent up. The rest is window dressing.
So we're happy that at least there is a discussion with the other side of the aisle and with the other chamber and the second floor, and we will be looking forward to coming back next Tuesday to address this particular problem.
This legislative session has already seen real accomplishments for the state, from landmark education investment, a fifth timely and responsible budget, major investment in infrastructure, and upstate economic renewal, and new protections to help combat the epidemic of sexual assault on college campuses.
There are important issues that must still be addressed. And by working collaboratively, we remain confident that the 2015 legislative session would end with the passage of additional reforms to help keep New Yorkers moving forward.
Thank you, Mr. President. I will be voting in the affirmative.
ACTING PRESIDENT GRIFFO:Senator Espaillat to be recorded in the affirmative.
Senator Hassell-Thompson to explain her vote. No? Senator Hassell-Thompson, thank you very much.
Senator Sanders to explain his vote.
SENATOR SANDERS:I will take her time, Mr. President.
Very briefly, it is -- with all of the good things that were mentioned previously, I would remiss to say that it is still a shameful act that we have done such brinkmanship and brought so many people to such a place of despair.
However, if all of that results in us working on something that New York City and the state can truly live with, then this is good. And I vote aye, and I look forward to being back on Tuesday.
And if we say we're going to stay until then, I wouldn't be -- well -- well, let's come back on Tuesday.
(Laughter.)
ACTING PRESIDENT GRIFFO:Senator Sanders to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 63.
ACTING PRESIDENT GRIFFO:The bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we lay aside Calendar 1765 for the day.
ACTING PRESIDENT GRIFFO:It is so ordered.
SENATOR DeFRANCISCO: And can we go back to motions and resolutions.
ACTING PRESIDENT GRIFFO:We're returning to motions and resolutions.
SENATOR DeFRANCISCO: And on behalf of Senator Gallivan, I offer the following amendments to Calendar 1835, Senate Print 5668, and ask that the bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT GRIFFO:The amendments are received, and the bill shall retain its place on third reading.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business before the desk.
SENATOR DeFRANCISCO: Then --
ACTING PRESIDENT GRIFFO:Let's stay tuned.
SENATOR DeFRANCISCO: -- I move the session will be adjourned until 3:00 p.m., Tuesday, June 23rd, intervening days being legislative days.
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Tuesday, June 23rd, at 3:00 p.m., intervening days being legislative days.
The Senate stands adjourned.
(Whereupon, at 10:29 p.m., the Senate adjourned.)
Highest impact first.
Not yet analyzed. Open the bill for its official title.
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Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
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Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.