Gaveled in 4:39 PM · Albany, New York · 2015–16 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 24, 2015
4:39 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:In the absence of clergy, I would everyone to please bow their head in a moment of silent prayer.
And as we reflect today, let's remember Ecclesiastes, Chapter 7, Verse 8: Better is the end of a thing than the beginning thereof.
(Laughter.)
ACTING PRESIDENT GRIFFO:The reading of the Journal.
THE SECRETARY:In Senate, Tuesday, June 23rd, the Senate met pursuant to adjournment. The Journal of Monday, June 22nd, was read and approved. On motion, Senate adjourned.
ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.
Presentation of petitions.
I have to ask for some order in the house because we have a number of substitutions, I believe, and messages from the Assembly.
The Secretary will read.
THE SECRETARY:On page 7, Senator Young moves to discharge, from the Committee on Rules, Assembly Bill Number 2362 and substitute it for the identical Senate Bill Number 4193, Third Reading Calendar 243.
On page 9, Senator Flanagan moves to discharge, from the Committee on Rules, Assembly Bill Number 7315 and substitute it for the identical Senate Bill Number 4187A, Third Reading Calendar 300.
On page 11, Senator Libous moves to discharge, from the Committee on Rules, Assembly Bill Number 796 and substitute it for the identical Senate Bill Number 2931, Third Reading Calendar 407.
On page 18, Senator Martins moves to discharge, from the Committee on Rules, Assembly Bill Number 3390A and substitute it for the identical Senate Bill Number 4402A, Third Reading Calendar 682.
On page 19, Senator Carlucci moves to discharge, from the Committee on Rules, Assembly Bill Number 2122A and substitute it for the identical Senate Bill Number 4266A, Third Reading Calendar 723.
On page 19, Senator Hannon moves to discharge, from the Committee on Rules, Assembly Bill Number 7427A and substitute it for the identical Senate Bill Number 5170A, Third Reading Calendar 825.
On page 21, Senator Latimer moves to discharge, from the Committee on Rules, Assembly Bill Number 2761B and substitute it for the identical Senate Bill Number 4166C, Third Reading Calendar 1001.
On page 21, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 2458A and substitute it for the identical Senate Bill Number 71A, Third Reading Calendar 1011.
On page 22, Senator Flanagan moves to discharge, from the Committee on Rules, Assembly Bill Number 3057A and substitute it for the identical Senate Bill Number 2696A, Third Reading Calendar 1032.
On page 24, Senator Amedore moves to discharge, from the Committee on Rules, Assembly Bill Number 7753 and substitute it for the identical Senate Bill Number 4975, Third Reading Calendar 1109.
On page 27, Senator Kennedy moves to discharge, from the Committee on Judiciary, Assembly Bill Number 2026 and substitute it for the identical Senate Bill Number 2152, Third Reading Calendar 1226.
On page 27, Senator Bonacic moves to discharge, from the Committee on Rules, Assembly Bill Number 7645 and substitute it for the identical Senate Bill Number 5678, Third Reading Calendar 1228.
On page 27, Senator Marchione moves to discharge, from the Committee on Finance, Assembly Bill Number 2778 and substitute it for the identical Senate Bill Number 1081, Third Reading Calendar 1257.
On page 32, Senator Gallivan moves to discharge, from the Committee on Rules, Assembly Bill Number 8177B and substitute it for the identical Senate Bill Number 5854B, Third Reading Calendar 1728.
And on page 32, Senator Lanza moves to discharge, from the Committee on Rules, Assembly Bill Number 5317B and substitute it for the identical Senate Bill Number 5893B, Third Reading Calendar 1743.
ACTING PRESIDENT GRIFFO:The substitutions are so ordered as read and presented.
Messages from the Governor.
Reports of standing committees.
Report of select committees.
Communications and reports of state officers.
Motions and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: First, an observation.
ACTING PRESIDENT GRIFFO:Yes.
SENATOR DeFRANCISCO: Whether the end of a thing is better than the beginning of the thing depends upon what the thing is.
(Laughter.)
SENATOR DeFRANCISCO: And that's from Senator DeFrancisco, Verses 1 through 5.
(Laughter.)
SENATOR DeFRANCISCO: Back to motions and resolutions.
I wish to call up Senator Venditto's bill at the desk, Senate Print Number 3822, recalled from the Assembly, which is now at the desk.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Calendar Number 231, by Senator Venditto, Senate Print 3822, an act to amend the Criminal Procedure Law.
SENATOR DeFRANCISCO: I now move to reconsider the vote by which the bill was passed.
ACTING PRESIDENT GRIFFO:Call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
SENATOR DeFRANCISCO: I now offer the following amendments.
ACTING PRESIDENT GRIFFO:The amendments are received.
SENATOR DeFRANCISCO: Also at this time I'd like to hand up some committee assignments.
ACTING PRESIDENT GRIFFO:The committee assignments are received and they shall be filed in the Journal.
SENATOR DeFRANCISCO: All right, now if we could please go to the noncontroversial reading of the active list for today.
ACTING PRESIDENT GRIFFO:Okay. The Secretary will read the noncontroversial reading of today's active list.
THE SECRETARY:Calendar Number 243, substituted earlier by Member of the Assembly Brindisi, Assembly Print Number 2362, 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.)
ACTING PRESIDENT GRIFFO:Can you raise your hands again if you're in the negative.
Calendar Number 243, announce the results.
THE SECRETARY:In relation to Calendar 243, those recorded in the negative are Senators Martins, Panepinto and Ranzenhofer.
Ayes, 57. Nays, 3.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 300, substituted earlier by Member of the Assembly Thiele, Assembly Print Number 7315, 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 first of November.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Ranzenhofer recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 407, substituted earlier by Member of the Assembly Braunstein, Assembly Print Number 796, an act to amend the State Finance 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.)
ACTING PRESIDENT GRIFFO:Will those in the negative please raise your hand.
(Pause.)
ACTING PRESIDENT GRIFFO:The Secretary will announce the results.
SENATOR GIANARIS:Mr. President.
ACTING PRESIDENT GRIFFO:Senator Gianaris, why do you rise?
SENATOR GIANARIS:Never mind, Mr. President. Thank you.
(Laughter.)
ACTING PRESIDENT GRIFFO:I hope you stretched well.
The Secretary will announce the results.
THE SECRETARY:In relation to Calendar 407, those recorded in the negative are Senators Avella, Breslin, Carlucci, Comrie, Díaz, Dilan, Espaillat, Gianaris, Hamilton, Hassell-Thompson, Hoylman, Kennedy, Klein, Krueger, Latimer, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera, Sanders, Savino, Serrano, Squadron, Stavisky, Stewart-Cousins and Valesky.
Ayes, 32. Nays, 28.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 606, by Senator O'Mara, Senate Print 1151, an act to amend the General Municipal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 635, by Senator Golden, Senate Print --
SENATOR DeFRANCISCO: Lay it aside temporarily, please.
ACTING PRESIDENT GRIFFO:The bill will be laid aside temporarily.
THE SECRETARY:Calendar Number 682, substituted earlier by Member of the Assembly Titone, Assembly Print Number 3390A, an act to amend the Workers' Compensation Law.
ACTING PRESIDENT GRIFFO:The Secretary will read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 682, those recorded in the negative are Senators Breslin, Comrie, Díaz, Dilan, Espaillat, Gianaris, Hoylman, Latimer, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky and Stewart-Cousins.
Ayes, 43. Nays, 17.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 723, substituted earlier by Member of the Assembly Jaffee, Assembly Print Number 2122A, an act relating to the transfer.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 825, substituted earlier by Member of the Assembly Cusick, Assembly Print Number 7427A, an act to amend the Public Health Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
THE SECRETARY:Calendar Number 826, by Senator Hannon, Senate Print 5313, an act to amend the Public Health 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, 59. Nays, 1. Senator Felder recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 948, by Senator Golden, Senate Print 4072, an act to amend the Penal Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 40. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 59. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1001, substituted earlier by Member of the Assembly Mayer, Assembly Print 2761B, 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, 59. Nays, 1. Senator Perkins recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1011, substituted earlier by Member of the Assembly Bronson, Assembly Print Number 2458A, an act to amend the Public 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, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1032, substituted earlier by Member of the Assembly Morelle, Assembly Print 3057A, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect January 1, 2017.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1109, substituted earlier by Member of the Assembly Morelle, Assembly Print 7753, an act to amend the Labor Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 4. This act shall take effect on the first of January.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:In relation to Calendar 1109, those recorded in the negative are Senators Comrie, Dilan, Espaillat, Gianaris, Hamilton, Hoylman, Kennedy, Krueger, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky.
ACTING PRESIDENT GRIFFO:In the negative, please raise your hands.
The Secretary will reannounce the results.
THE SECRETARY:Those recorded in the negative are Senators Comrie, Dilan, Espaillat, Gianaris, Hamilton, Hoylman, Kennedy, Krueger, Montgomery, Panepinto, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron and Stavisky.
Ayes, 42. Nays, 18.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1111, by Senator Martins, Senate Print 5274, an act to amend the Labor Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 5. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:Announce the results again.
THE SECRETARY:In relation to Calendar 1111: Ayes, 59. Nays, 1. Senator Peralta recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1226, substituted earlier by Member of the Assembly Ryan, Assembly Print 2026, an act to amend the General Obligations 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 Kennedy to explain his vote.
SENATOR KENNEDY:Thank you, Mr. President.
I rise today on this important piece of legislation that will help provide greater financial security to the families who have lost loved ones to vicious acts of terror.
These families have already suffered the ultimate heartbreak at the hands of callous extremists. And when it boils down to it, no financial settlement can ever equate to the pain that they've suffered. But we need to do our part to make sure that they're receiving what's rightfully theirs and help to give them some sense of comfort in their time of grief.
So many Americans search for ways to help after witnessing terrorist attacks on our nation, and it's our responsibility to make sure we're doing everything we can to facilitate that aid.
With this bill annuity insurers can structure settlements granted to families of victims of terrorist attacks and do so pro bono if they choose, providing a greater payout to these families. Currently they're not able to do so under state law, and they may risk losing their licenses if they do so.
We've already granted this type of waiver to families of the victims of 9/11. But sadly, there's many more cases when this kind of waiver could be useful -- cases like the Boston marathon bombing, the 1993 World Trade Center bombing, or the story that's made headlines lately in Washington, the Beirut bombing of 1983.
While the families of the 241 Americans who were killed in the bombing of a Marine Corps barracks in Lebanon wait for the U.S. Supreme Court decision on a potentially $1.75 billion settlement from the Bank of Iran, I'm proud that the New York State Senate is doing our part to ensure that these families get every single penny that they rightfully deserve.
There are several of our colleagues whose input and support was essential in this process. I'd like to thank Senator Bonacic, Senator Nozzolio, Senator Gallivan, Senator Klein, Senator Flanagan, and of course my leader, Senator Andrea Stewart-Cousins, for their help in bringing this important bill to the floor today.
And I'm confident Governor Cuomo will swiftly sign this bill into law to help these grieving families.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:Senator Kennedy to be recorded in the affirmative.
Senator Croci to explain his vote.
SENATOR CROCI:Thank you, Mr. President.
I do want to compliment my colleague, the sponsor, for this important legislation. And it is very important that we take care of the families who have been victims in the terrorist attacks on the United States.
But it should not in any way abrogate our responsibilities as the upper house of this state to do everything we can, and in some cases to lead the executive branch and the lower house of this state, to take every possible step to prevent a terrorist attack so that other families will not have to endure the hardships and the tragedies that we have seen in all of the terrorist attacks on the United States.
We have an opportunity to take those steps now. As not only elected officials in this body but elected leaders of our communities, our most profound responsibility is the protection of our communities. No community, no state was more deeply wounded on September 11, 2001, than the communities of the New York. And so we have an even greater responsibility to do so.
I compliment my colleague on this important piece of legislation, and I look forward to even greater efforts to make sure that we prevent the kind of attacks that have so deeply wounded our nation.
Thank you. I vote aye.
ACTING PRESIDENT GRIFFO:Senator Croci to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1228, substituted earlier by Member of the Assembly Weinstein, Assembly Print Number 7645, an act to amend the Domestic Relations 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 removal R.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Senator Bonacic to explain his vote.
SENATOR BONACIC:Thank you, Mr. President.
This will is a very important and significant piece of legislation. Back in 2010, when Senator Ruth Hassell-Thompson was chairwoman of Judiciary, the no-fault divorce law was passed in the State of New York. We were the last state to do it.
And at the time we realized, as members of the Judiciary Committee, that we had to revisit the cap of which the parties would have to pay spousal maintenance, both before a divorce and after a divorce.
So what happened was that there were about three years of matrimonial experience, what was going on in the courts. And the Law Revision Commission back in 2013 issued a report and said something has to be done, because the courts were getting congested with matrimonial actions.
Because the cap was so high -- and when I say the cap was so high, it's that there was 19 considerations where a judge could determine how much support traditionally the breadwinner, the man, would pay the wife. And because of that big spread, many lawyers both were skeptical, whether they were representing the man or the woman, and did not come to court too quickly because they didn't know what to expect.
In 2014, Senator Thompson and I had legislative hearings, and we asked all the stakeholders in the State of New York that worked on matrimonials -- the Bar Association, the women's bar, the judges, all the women's groups. We heard testimony.
And finally, as a result of that consensus that came from all of the stakeholders, from the bottom up to us, there was an agreement by all of the parties except the magistrates. And I didn't count that too much because the magistrates are not a court of record.
So from now on, through Family Court, Supreme Court, no matter what court you choose to go in, when you're talking about spousal maintenance -- nothing to do with child support -- before a divorce and after a divorce, there's going to be guidelines, stricter guidelines.
The cap has been reduced to $175,000. So wherever the payor -- let's say, for the most part, the husband. It could be the wife, but let's say it's the husband -- is making $175,000 or less, there is a formula in place that will bring clarity and predictability to the amount of spousal support. And that was extremely important. It will take care of 94 percent of all the divorce actions that come before our judges.
And again, I want to single out Ruth Hassell-Thompson, who was always committed to working on this issue, from when we started to where we are today.
Now, those actions where the payor is above $175,000, 6 percent of the actions, that will be still subject to 19 considerations where a judge will make determinations -- durability of the marriage, earning capacity, the health of each spouse, and I can go on and on and on. But there a judge would use his discretion above the cap.
So this is monumental. We thought this affects many people's lives. Judge Sunshine, who brought all the groups together, was a strong factor in bringing consensus, so we congratulate him for that.
And the other thing I may add, when one gets divorced, spousal maintenance or alimony, as we know it, ends. That's not the case today under current law, but it will be once this passes. It's already passed the Assembly. It will pass today. And I thank all my colleagues for their support. It was a long journey to get here from 2010.
Thank you, Mr. President. I vote aye.
ACTING PRESIDENT GRIFFO:Senator Bonacic to be recorded in the affirmative.
Senator Hassell-Thompson to explain her vote.
SENATOR HASSELL-THOMPSON:Thank you, Mr. President.
There's very little left to say; thank you, Senator Bonacic. Except that I want to thank you for not only the work that you conscientiously put into this, but for continuing to allow me to share in the passage of this legislation and to participate in every way fully, even though I am in the minority. I think it's very rare that that happens in this chamber. I wish it happened more. But I have a great appreciation and respect for you, and particularly more so since the work that you allowed me to continue to -- you know, my input into this bill.
The other thing is that I want to thank all of our colleagues that signed on and were patient while this was being negotiated. There were a lot of people who didn't think that this was going to happen. They were very disappointed because they thought that we would never get a good maintenance bill.
But I think that as you have explained, all of the people who have a vested interest in this came together finally and put all their differences in the pot and came out with something that I think that all of us can now live with.
So I'm very proud of the legislation that we did, and particularly because of the people who will be most adversely affected were it not so. And again, Mr. President, I want to thank you -- through you, Mr. President, I want to thank Senator Bonacic for his support of me throughout this entire process.
ACTING PRESIDENT GRIFFO:Senator Hassell-Thompson to be recorded in the affirmative.
Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1257, substituted earlier by Member of the Assembly McDonald, Assembly Print Number 2778, 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.)
ACTING PRESIDENT GRIFFO:Senator Marchione to explain her vote.
SENATOR MARCHIONE:Thank you, Mr. President.
I just would like to talk about this bill a little bit. You know, the purpose of it is that it authorizes up to 20 percent of the New York State Animal Population Control Fund to be used for trapping, neutering, spaying and releasing feral cats. It does not mandate that municipalities or entities have to embark upon a TNR program. It doesn't state that if municipalities or entities have a different way of handling feral cats, that they can't continue to do that.
It simply allows up to 20 percent of this fund to be able to be used for TNR, which in my mind is a proven way of handling feral cats.
Here are some statistics. In Buffalo, TNR reduced a feral cat population at Ralph Wilson Stadium by 90 percent. In Syracuse, TNR reduced the feral cat population by almost 35 percent.
In New York City, the euthanasia rate was 32,000 in 2003. With TNR over this time period, in 2013 the euthanasia rate dropped to 6,000. There has been a 30 percent decline in population across the city's 2,000 feral cat colonies since TNR was implemented in each.
TNR programs have been operating in New York State for over 30 years. This simply allows the administrator of the New York State Animal Population Control Fund, the ASPCA, to offer another program to handle this concern.
You know, in my district the reason that I even became a sponsor of this bill is I had some farmers who would tell me they used to try to take the cats and have them spayed and then return them, and it's just getting too expensive for them. And that's the method that they would prefer to use.
So, Mr. President, for all of those reasons, I vote aye.
ACTING PRESIDENT GRIFFO:Senator Marchione to be recorded in the affirmative.
Senator Hoylman to explain his vote.
SENATOR HOYLMAN:Thank you, Mr. President.
I rise to support the Senator's bill and want to thank her for her leadership and those compelling statistics on how the trap, neuter and release program actually reduces the number of feral cats.
I did want to raise a couple of concerns about the bill which have to do with endangered birds -- in particular, one bird, which is evocative of the problem. It's called the piper plover, and there are only about 200 of them left, and they live on sandy beaches in Long Island and Queens. And the problem with the way they inhabit these beaches is that they nest on shells and are very vulnerable to feral cats attacking them.
And we need to at the same time Mr. President, as we move forward with this legislation that will humanely reduce the feral cat population, look at ways that we can provide more money in protecting birds and other endangered species from feral cats.
So I'll be voting in the positive and thank again the Senator for her leadership. Thank you, Mr. President.
ACTING PRESIDENT GRIFFO:Senator Hoylman to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 1257, those recorded in the negative are Senators Avella, Bonacic, Carlucci, DeFrancisco, Flanagan, Griffo, Little, Marcellino, Seward and Valesky. Also Senator Funke. Also Senator Hassell-Thompson.
Ayes, 48. Nays, 12.
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 --
SENATOR DeFRANCISCO: Lay it aside for the day, please.
ACTING PRESIDENT GRIFFO:Lay the bill aside for the day.
THE SECRETARY:Calendar Number 1728, substituted earlier by Member of the Assembly DiPietro, Assembly Print 8177B, an act to amend the Highway Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect immediately.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:Announce the results.
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1729, by Senator Marchione, Senate Print 5857A, 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, 58. Nays, 2. Senators Bonacic and Larkin recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1743, substituted earlier by Member of the Assembly Braunstein, Assembly Print Number 5317B, an act to amend the General Business Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the 180th day.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 59. Nays, 1. Senator Seward recorded in the negative.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1849, by Senator Robach, Senate Print 5987, an act to amend a chapter of the Laws of 2015.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the same date and in the same manner as a chapter of the Laws of 2015.
ACTING PRESIDENT GRIFFO:Call the roll.
(The Secretary called the roll.)
THE SECRETARY:Ayes, 60.
ACTING PRESIDENT GRIFFO:The bill is passed.
THE SECRETARY:Calendar Number 1871, by the Senate Committee on Rules, Senate Print 5963, an act to amend the Executive Law.
SENATOR GIANARIS:Lay it aside.
ACTING PRESIDENT GRIFFO:Lay the bill aside.
Senator DeFrancisco, that completes the noncontroversial reading of today's active-list calendar.
SENATOR DeFRANCISCO: Yes, could we now go to the controversial reading and take up Calendar Number 825, by Senator Hannon.
ACTING PRESIDENT GRIFFO:We're going to go to the controversial calendar. The Secretary will ring the bell.
The Secretary will read Calendar Number 825, by Senator Hannon.
THE SECRETARY:Calendar Number 825, substituted earlier by Member of the Assembly Cusick, Assembly Print Number 7427A, an act to amend the Public Health Law.
ACTING PRESIDENT GRIFFO:Read the last section.
THE SECRETARY:Section 3. This act shall take effect on the 120th day.
ACTING PRESIDENT GRIFFO:The debate is closed, seeing no Senator that wishes to be heard.
The last section has been read. Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT GRIFFO:The bell has been rung.
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 825, those recorded in the negative are Senators Díaz and Seward.
Absent from voting: Senator Sampson.
Ayes, 58. Nays, 2.
ACTING PRESIDENT GRIFFO:The bill is passed.
And that completes the controversial reading of Calendar Number 825, Senator DeFrancisco.
SENATOR DeFRANCISCO: Thank you.
I would like to now call for an immediate meeting of the Investigations and Government Operations Committee, followed by the Finance Committee, which I'll announce at the time the Investigations Committee is done. And that meeting will be in Room 332.
Until both meetings are done, we'll be at ease.
ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Senate Committee on Investigations and Government Operations in Room 332, an immediate meeting of the Senate Committee on Investigations and Government Operations in Room 332.
That will be followed by a meeting of the Senate Committee on Finance, also in Room 332, which will be called upon the completion of the meeting of the Senate Committee on Investigations and Government Operations.
The Senate will stand at ease.
(Whereupon, the Senate stood at ease at 5:22 p.m.)
(Whereupon, the Senate reconvened at 5:48 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
Senator DeFrancisco.
SENATOR DeFRANCISCO: It's my understanding that the meeting of the Investigations and Government Operations Committee is completed. And we're now going to call the Finance Committee meeting in Room 332, and stay at ease until we get back.
ACTING PRESIDENT GRIFFO:There is an immediate meeting of the Senate Finance Committee in Room 332. All members of the Senate Finance Committee, please report to Room 332.
The Senate is at ease.
(Whereupon, the Senate stood at ease at 5:48 p.m.)
(Whereupon, the Senate reconvened at 6:48 p.m.)
ACTING PRESIDENT GRIFFO:The Senate will come to order.
SENATOR DeFRANCISCO: It's my understanding that you have a report from the Finance Committee at the desk.
ACTING PRESIDENT GRIFFO:There is a report of the Finance Committee at the desk.
The Secretary will read.
THE SECRETARY:Senator DeFrancisco, from the Committee on Finance, reports the following nominations.
As commissioner and chairman of the State Liquor Authority, Vincent Bradley, Jr., of Kingston.
SENATOR DeFRANCISCO: I move the nomination.
ACTING PRESIDENT GRIFFO:The nomination has been moved. All in favor of Vincent Bradley as chairman and commissioner of the State Liquor Authority, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Vincent Bradley, Jr., has been confirmed as chairman and commissioner of the New York State Liquor Authority.
Congratulations, Mr. Bradley, and good luck.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:As chairman and chief executive officer of the Metropolitan Transportation Authority, Thomas Prendergast, of Brewster.
SENATOR DeFRANCISCO: Before moving the nomination, I want to apologize to the two nominees that are appearing.
Everyone is moving today, as fast as we can, to get through these last days of session, hopefully the last day of session. So we apologize that we don't have a lot of fine words.
But for both of you, you definitely were clearly well-qualified and unanimously went through all the committees. And we appreciate your being willing to serve. Great nominations by the Governor.
With that said, I now move the nomination of Mr. Prendergast.
ACTING PRESIDENT GRIFFO:Senator Robach.
SENATOR ROBACH:Yes, very expeditiously, Mr. President. Let me rise to support this nomination.
He has a record that obviously speaks for itself; he's been doing that job. And it is a big system, for anyone who's ever ridden it. Between the subway and the buses and everything, I believe the number is they move a quarter -- or three-quarters, excuse me, of the people moved by train in our whole nation are done by the MTA. And that in itself is a monumental job.
But they really keep one of the most vibrant cities in our state and in our nation moving, and he's done that very, very well.
And I would just say in addition to reaching out to all the members and being accessible, not only in state government but local government, I would just say under Mr. Prendergast's leadership I also greatly, greatly appreciate the integrated system and trying to use New York vendors for everything associated with transportation when humanly possible, amplifying those transportation dollars.
So very happy to support this nomination and look forward to working with Mr. Prendergast and the entire MTA.
Thank you.
ACTING PRESIDENT GRIFFO:Senator Gianaris.
SENATOR GIANARIS:Thank you, Mr. President.
The MTA is a difficult agency to lead and not a very popular one with many residents. It's a thankless job. But Tom Prendergast has been doing a terrific job, not only running a difficult agency but reaching out to communities and elected representatives to make sure that the input of local residents is a vital part of what he does.
And so I wanted to thank him for that and congratulate him and support his nomination as well.
Thank you.
ACTING PRESIDENT GRIFFO:Thank you, Senator Gianaris.
Senator Murphy.
SENATOR MURPHY:I just rise to congratulate my constituent, Mr. Prendergast.
And we wish you the best, and congratulations.
ACTING PRESIDENT GRIFFO:The question is on the nomination of Thomas F. Prendergast as chairmen and chief executive officer of the Metropolitan Transportation Authority. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Thomas F. Prendergast is confirmed as chairman and chief executive officer of the Metropolitan Transportation Authority.
Mr. Prendergast, congratulations and best of luck.
(Applause.)
ACTING PRESIDENT GRIFFO:The Secretary will continue.
THE SECRETARY:As members of the Port Authority of New York and New Jersey: Steven M. Cohen, of Brooklyn; Hamilton E. James, of New York; and Michael D. Fascitelli, of New York.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Move the nominations.
ACTING PRESIDENT GRIFFO:The question is on the nominations of Steven M. Cohen, Hamilton E. James, and Michael D. Fascitelli as members of the Port Authority of New York and New Jersey. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Steven Cohen, Hamilton James, and Michael Fascitelli are hereby confirmed as members of the Port Authority of New York and New Jersey.
The Secretary will continue.
THE SECRETARY:As a member of the Continuing Care Retirement Community Council, Carol A. Fenter, of South Setauket.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT GRIFFO:The question is on Carol A. Fenter as a member of the Continuing Care Retirement Community Council. All in favor signify by saying aye.
(Response of "Aye.)
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Carol A. Fenter is hereby confirmed as a member of the Continuing Care Retirement Community Council.
The Secretary will continue.
THE SECRETARY:As a commissioner of the State Civil Service Commission, Jeanique Greene, of Yonkers.
ACTING PRESIDENT GRIFFO:Senator DeFrancisco.
SENATOR DeFRANCISCO: Move the nomination.
ACTING PRESIDENT GRIFFO:The question is on Jeanique Greene as a member of the State Civil Service Commission. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:Jeanique Green has been confirmed as a member of the New York State Civil Service Commission.
Senator DeFrancisco, that completes the nominations before the desk.
SENATOR DeFRANCISCO: Thank you. I believe there's a resolution by you, Mr. President, Resolution Number 2666. I'd like to move that resolution.
ACTING PRESIDENT GRIFFO:The Secretary will read.
THE SECRETARY:Legislative Resolution Number 2666, by Senator Griffo, reaffirming the commitment to strengthen the ties between the State of New York and the People's Republic of China, and welcoming Mr. Xi Jinping, President of the People's Republic of China, to the United States.
ACTING PRESIDENT GRIFFO:All in favor of the resolution signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT GRIFFO:Opposed?
(No response.)
ACTING PRESIDENT GRIFFO:The resolution is adopted.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Can we now lay aside Calendars 635 and 1871 for the day.
ACTING PRESIDENT GRIFFO:The two calendar numbers, as identified and listed, will be laid aside for the day.
SENATOR DeFRANCISCO: Is there any further business at the desk?
ACTING PRESIDENT GRIFFO:There is no further business at the desk.
SENATOR DeFRANCISCO: There being none, we are adjourned until June 25 at 11:00 a.m.
ACTING PRESIDENT GRIFFO:On motion, the Senate will stand adjourned until Thursday, June 25th, at 11:00 a.m.
The Senate stands adjourned.
(Whereupon, at 6:55 p.m., the Senate adjourned.)
Highest impact first.
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