3071
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 5, 2017
11 3:40 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR THOMAS D. CROCI, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
3072
1 P R O C E E D I N G S
2 ACTING PRESIDENT CROCI: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me our Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT CROCI: In the
10 absence of clergy, may we please bow our heads
11 in a moment of silent prayer.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT CROCI: Reading
15 of the Journal.
16 THE SECRETARY: In Senate, Sunday,
17 June 4th, the Senate met pursuant to
18 adjournment. The Journal of Saturday, June 3rd,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT CROCI: Without
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 The Secretary will read.
3073
1 THE SECRETARY: On page 47,
2 Senator Griffo moves to discharge, from the
3 Committee on Health, Assembly Bill Number 2380
4 and substitute it for the identical Senate Bill
5 2422, Third Reading Calendar 410.
6 On page 56, Senator Marchione moves
7 to discharge, from the Committee on Local
8 Government, Assembly Bill Number 6508 and
9 substitute it for the identical Senate Bill
10 5384, Third Reading Calendar 583.
11 On page 60, Senator Gallivan moves
12 to discharge, from the Committee on
13 Investigations and Government Operations,
14 Assembly Bill Number 2750A and substitute it for
15 the identical Senate Bill 2392A, Third Reading
16 Calendar 640.
17 On page 73, Senator Akshar moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 7391 and substitute it for
20 the identical Senate Bill 5636, Third Reading
21 Calendar 818.
22 And on page 80, Senator Little
23 moves to discharge, from the Committee on
24 Health, Assembly Bill Number 7614 and substitute
25 it for the identical Senate Bill 5750, Third
3074
1 Reading Calendar 907.
2 ACTING PRESIDENT CROCI: The
3 substitutions are so ordered.
4 Messages from the Governor.
5 Reports of standing committees.
6 Reports of select committees.
7 Communications and reports from
8 state officers.
9 Motions and resolutions.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Yes.
12 Mr. President, would you please call on
13 Senator Griffo for a very brief introduction of
14 an important individual who has to leave the
15 hallowed halls of Albany soon.
16 ACTING PRESIDENT CROCI: Very
17 well.
18 Senator Griffo.
19 SENATOR GRIFFO: Thank you,
20 Mr. President. Appreciate that.
21 Thank you, Senator DeFrancisco.
22 We have a number of distinguished
23 guests today that we will be introducing shortly
24 to talk about Italian-American Heritage Day here
25 in the City of Albany and throughout New York
3075
1 State. But for the purposes of the schedule, I
2 want to be able to introduce someone who is very
3 special.
4 When you talk about
5 Italian-Americans, we actually have somebody
6 who's a native of Rome.
7 (Laughter.)
8 SENATOR GRIFFO: And he is someone
9 who really epitomizes, to me, what it means when
10 you look at culture and the impact they had.
11 His ancestors, his
12 great-grandparents, came from Italy, they
13 immigrated here, and I think really and truly
14 instilled in his family, and particularly in the
15 commissioner, a lot of great values and sense of
16 duty and sense of commitment to community.
17 So Commissioner Manfred, who is
18 here -- and it is his from his mother's side, who
19 is the Aquino, Mrs. Aquino, his mother. His dad
20 and mom, Bob and Phyllis, and Phyllis, his mom,
21 is where he gets the good Italian genes from, and
22 a lot of other things.
23 But we are so proud that we were
24 able to honor him today, to bring him here. The
25 commissioner is from Rome. He attended Cornell
3076
1 and Harvard Law. He is married -- I think,
2 Commissioner, if I have this right, today is your
3 35th wedding anniversary. So the
4 Commissioner's --
5 (Applause.)
6 SENATOR GRIFFO: And that's
7 probably one of the reasons we've got to get him
8 out of here.
9 And he has four great children.
10 He was elected the tenth
11 commissioner of Major League Baseball in August
12 of 2014. And he has had a rich history in
13 Major League Baseball, where he's done so many
14 different things.
15 I think one of the -- and I know we
16 have Mr. LaBarbera here -- one of the greatest
17 accomplishments, we were talking about this --
18 just if you look at what he's accomplished, and
19 there are many things that he has done, but he is
20 expanding youth participation in Major League
21 Baseball, looking at improving the pace of the
22 game. I know everybody's been giving you ideas
23 today, commissioner, while you've been here. The
24 infusion of new technology into Major League
25 Baseball, increased marketing and furthering the
3077
1 diversity of the game's goal.
2 But Mr. LaBarbera, what I was going
3 to refer to, he has presided over one of the
4 longest time periods of great collective
5 bargaining, where there have been no strikes.
6 Because of his leadership and as a result of his
7 efforts, he has had an unprecedented track record
8 of labor peace which will continue to 2021. So I
9 think that's a great accomplishment too, to show
10 the respect that he has not only from the
11 management side but also from the labor, from the
12 ballplayers.
13 So, Commissioner, we thank you, we
14 are honored that you are here with us today. We
15 are proud of you from your hometown, but also we
16 are extremely proud of what you've been able to
17 do in your career, what it means to have that
18 essence of family. What was instilled to you by
19 your great-grandparents and your grandparents
20 and, most importantly, your dad and mom, that
21 really has resonated. And that's why I think you
22 have been not only an extraordinary leader in
23 Major League Baseball, but you're an exceptional
24 person.
25 So God bless you. Thanks for being
3078
1 here.
2 (Standing ovation.)
3 ACTING PRESIDENT CROCI: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO: Yes, thank
6 you. Would you now please recognize Senator
7 Stewart-Cousins.
8 ACTING PRESIDENT CROCI: Senator
9 Stewart-Cousins.
10 SENATOR STEWART-COUSINS: Thank
11 you, Mr. President.
12 I rise to introduce a new colleague
13 to the chamber. We are pleased that Senator
14 Brian Benjamin of the 30th District is joining us
15 today.
16 I am really excited, obviously,
17 because now there are 32 Democrats in the
18 chamber. And it is certainly not just a person
19 who's doing this, but an innovator, an
20 entrepreneur. He has an MBA from Harvard. He
21 sat on his community board for years. He brings
22 an expertise and a commitment to public service
23 that I know will benefit this chamber.
24 We are very, very pleased that he is
25 committed also to education and to making sure
3079
1 that he is a strong advocate for Harlem and all
2 of New York State.
3 So I want to welcome Senator Brian
4 Benjamin to the chamber. Thank you.
5 (Standing ovation.)
6 ACTING PRESIDENT CROCI: Senator
7 DeFrancisco.
8 SENATOR DeFRANCISCO: Could we
9 please now take up a privileged resolution by
10 Senator Croci, have it read in its entirety, and
11 call on Senator Carlucci to speak.
12 ACTING PRESIDENT CROCI: The
13 Secretary will read.
14 THE SECRETARY: Legislative
15 resolution by Senator Croci, memorializing
16 Governor Andrew M. Cuomo to proclaim June 5,
17 2017, as Italian American Day in the State of
18 New York.
19 "WHEREAS, It is the sense of this
20 Legislative Body, in keeping with its
21 time-honored traditions, to recognize
22 celebrations which foster ethnic pride and
23 enhance the profile of cultural diversity which
24 strengthens the fabric of the communities of
25 New York State; and
3080
1 "WHEREAS, Attendant to such concern,
2 and in full accord with its long-standing
3 traditions, this Legislative Body is justly proud
4 to memorialize Governor Andrew M. Cuomo to
5 proclaim June 5, 2017, as Italian American Day in
6 the State of New York; and
7 "WHEREAS, Italian American Day is a
8 joyous celebration of culture, civic conviviality
9 and other merriment, held annually throughout the
10 State of New York, in commemoration of the
11 Republic of Italy's national holiday Festa Della
12 Repubblica Italiana, Italy's 4th of July; and
13 "WHEREAS, Festa Della Repubblica is
14 the Italian National Day and Republic Day, which
15 is celebrated on June 2nd of each year; and
16 "WHEREAS, The day commemorates the
17 institutional referendum held by universal
18 suffrage in 1946, in which the Italian people
19 were called to the polls to decide on the form of
20 government, following World War II and the fall
21 of fascism; and
22 "WHEREAS, Prior to the foundation of
23 the republic, the Italian national day was the
24 first Sunday in June, anniversary of the granting
25 of the Statuto Albertino; and
3081
1 "WHEREAS, From 1977 to 1999, due to
2 economic reasons, this was the date of the
3 celebrations for the 1946 foundation of the
4 republic; the June 2nd date became official in
5 2000, and the first official parade was held in
6 Turin in 1961 to mark the centennial year of
7 Italian unification; and
8 "WHEREAS, This auspicious day
9 provides an opportunity to celebrate the
10 significant contributions of Italian Americans so
11 that all people may know and appreciate Italian
12 history and traditions and of the role Italian
13 Americans have played, and will continue to
14 play, in our society; now, therefore, be it
15 "RESOLVED, That this Legislative
16 Body pause in its deliberations to memorialize
17 Governor Andrew M. Cuomo to proclaim June 5,
18 2017, as Italian American Day in the State of
19 New York; and be it further
20 "RESOLVED, That a copy of this
21 resolution, suitably engrossed, be transmitted to
22 the Honorable Andrew M. Cuomo, Governor of the
23 State of New York."
24 ACTING PRESIDENT CROCI: Senator
25 Carlucci.
3082
1 SENATOR CARLUCCI: Thank you,
2 Mr. President. It's an absolute honor and a
3 privilege to rise and speak on behalf of this
4 resolution on behalf of the Italian-American
5 Legislators Conference.
6 And we have some distinguished
7 guests here today; we'll hear each one's reso on
8 the floor. But today, as the Secretary had said,
9 we commemorate Italian American Day here in New
10 York State, in collaboration with Festa
11 Repubblica in Italy. And tonight at 6:30, at the
12 Italian-American Community Center in Troy, we'll
13 be having our Festa. So we invite everyone to
14 come, to join our honorees, Gary LaBarbera, our
15 commissioner of baseball, and Richie Cannata as
16 well. We're so excited that they're here with
17 us.
18 And in New York State we have a
19 proud legacy of Italian-American culture. We
20 have the largest population of Italian-Americans
21 anywhere in the country right here in New York
22 State, with over 2.7 million Italian-Americans
23 living in our state. And it's a proud culture,
24 from cuisine to music to architecture, to the
25 arts, to politics -- we've had multiple
3083
1 governors, we've got state legislators, and from
2 every elected office in New York State.
3 So we're just honored and privileged
4 to be able to have everyone celebrate
5 Italian-American culture today. And today we're
6 all Italian-Americans.
7 So, Mr. President, thank you for
8 allowing us to pass this resolution, and look
9 forward to seeing everyone tonight at Festa.
10 Thank you, Mr. President.
11 ACTING PRESIDENT CROCI: Seeing no
12 other member wishing to be heard, the question is
13 on the resolution. All in favor please signify
14 by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT CROCI: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT CROCI: The
20 resolution is adopted.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Yes, can we
23 now take up a privileged resolution by Senator
24 Croci dealing with the commissioner of baseball.
25 I don't have a number here. Title only, please.
3084
1 ACTING PRESIDENT CROCI: The
2 Secretary will read, title only.
3 THE SECRETARY: Legislative
4 Resolution by Senators Croci and Griffo,
5 commending Robert D. Manford, Jr., upon the
6 occasion of his designation as recipient of the
7 2017 Italian American of the Year Award by the
8 New York Conference of Italian American State
9 Legislators.
10 ACTING PRESIDENT CROCI: The
11 question is on the resolution. All those in
12 favor please signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT CROCI: Opposed,
15 nay.
16 (No response.)
17 ACTING PRESIDENT CROCI: The
18 resolution is adopted.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: Yes, can we
21 now take up another resolution by Senator Croci,
22 read the title only, and call on Senator
23 Marcellino.
24 ACTING PRESIDENT CROCI: The
25 Secretary will read.
3085
1 THE SECRETARY: Legislative
2 resolution by Senator Croci, commending Richie
3 Cannata upon the occasion of his designation as
4 recipient of the 2017 Italian American of the
5 Year Award by the New York Conference of Italian
6 American State Legislators.
7 ACTING PRESIDENT CROCI: Senator
8 Marcellino.
9 SENATOR MARCELLINO: Mr. President,
10 it is my pleasure to stand up and second this
11 motion -- or this resolution. I've had the
12 pleasure of knowing Richie Cannata for several
13 years. He's a fantastic musician, known
14 worldwide, produced many records with some of the
15 greats. He is also a fantastic saxophone player.
16 But with all of his accomplishments
17 and all of his international renown, he still
18 finds his way to the opening of the Glen Cove
19 Little League Baseball, and he plays the National
20 Anthem for the kids each and every year. I think
21 that's phenomenal. That tells you the kind of
22 person we're dealing with over there.
23 So, Mr. President, it's my pleasure
24 to second the motion for Richie Cannata.
25 ACTING PRESIDENT CROCI: The
3086
1 question is on the resolution. All those in
2 favor please signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT CROCI: Opposed,
5 nay.
6 (No response.)
7 ACTING PRESIDENT CROCI: The
8 resolution is adopted.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Yes, can we
11 now take up another resolution by that very
12 active Senator Croci, read the title only, and
13 call on Senator Savino.
14 ACTING PRESIDENT CROCI: The
15 Secretary will read.
16 THE SECRETARY: Legislative
17 resolution by Senator Croci, commending Gary
18 LaBarbera upon the occasion of his designation as
19 recipient of the 2017 Italian American of the
20 Year Award by the New York Conference of Italian
21 American State Legislators.
22 ACTING PRESIDENT CROCI: Senator
23 Savino.
24 SENATOR SAVINO: Thank you,
25 Mr. President.
3087
1 I join my colleagues in the Italian
2 American Legislators Conference and actually all
3 those members of the Senate as we congratulate
4 all of the honorees today and also, in
5 particular, Gary LaBarbera, the president of the
6 New York Building and Construction Trades
7 Council.
8 You know, Senator Carlucci spoke a
9 little bit about the contributions of
10 Italian-Americans to this state, and it's easy
11 for us to forget how far we've come in one or two
12 generations when you think about here we are
13 today where we have the Governor of the State of
14 New York is Italian-American, the Mayor of the
15 City of New York is Italian-American, the State
16 Comptroller is Italian-American. We have more
17 Italian-American legislators elected to the
18 New York State Legislature than any other ethnic
19 group, quite frankly. So oftentimes we forget
20 how far we've come.
21 But if you were in The Well earlier
22 today and you heard Gary LaBarbera talk about his
23 own experience, it brings you right back. And in
24 fact if you heard the other honorees talk about
25 where their family was a relatively short period
3088
1 of time ago, that's where we all were. Two
2 generations back, struggling immigrants with very
3 little. You know, working their way, trying to
4 raise their children and bring a bit of the old
5 country to the new country, maintain their
6 culture and bring a little bit here as part of
7 the American dream. That's what Gary LaBarbera's
8 father taught him, that's what he brought here,
9 and it's something that he's put into his entire
10 life.
11 In his career in the labor movement,
12 starting as early as the 1980s, he's always been
13 active, first as a Teamster, working with other
14 members, and then working his way up to the top
15 echelons of the labor movement, making sure that
16 he not only helped lead working men and women and
17 was a good partner for the government -- and if
18 you read his bio, you'll know how he has helped
19 save billions of dollars for the City and the
20 State of New York -- but also making sure that as
21 the building trades changed -- and they do, and
22 they reflect the new and emerging immigrant
23 workforce -- that they have the same protections
24 and the same advocacy that the Italian-Americans
25 had when he was coming along.
3089
1 So that is why Gary LaBarbera is
2 deserving of this award. Congratulations to Gary
3 and to all of today's honorees.
4 Thank you, Mr. President.
5 (Applause.)
6 ACTING PRESIDENT CROCI:
7 Mr. LaBarbera, Mr. Cannata, the Senate welcomes
8 you to our chamber. We congratulate you on being
9 the 2017 honorees of the Conference of
10 Italian-American Legislators. We extend to you
11 all the privileges of the house. And with that,
12 our congratulations to your families as well.
13 If you would please stand and be
14 recognized by this body.
15 (Standing ovation.)
16 ACTING PRESIDENT CROCI: The
17 question is on the resolution. All those in
18 favor please signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT CROCI: Opposed,
21 nay.
22 (No response.)
23 ACTING PRESIDENT CROCI: The
24 resolution is adopted.
25 Senator DeFrancisco.
3090
1 SENATOR DeFRANCISCO: Yes. Each of
2 the resolutions that have been adopted just now
3 are open for cosponsorship by all
4 Italian-American legislators and all of those who
5 are unfortunate not to be.
6 (Laughter.)
7 SENATOR DeFRANCISCO: And we'll
8 assume that you want to be on the resolution. If
9 you don't, please notify the desk.
10 ACTING PRESIDENT CROCI: The
11 resolutions are open for cosponsorship. If you
12 do not wish to be a cosponsor, please notify the
13 desk.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: I'm going to
16 make one other brief comment. This fall I'm
17 going to Italy with my wife and some friends.
18 We're going to stay in the Tuscany region. And
19 most importantly, after the first week we're
20 going to take a van and each of us, most of whom
21 are Italian-Americans, we're going to the
22 villages that our ancestors came from. And that
23 is something I've been wanting to do forever.
24 And since I'm in the fourth quarter and time is
25 running out in the ball game, I'm getting there
3091
1 this year.
2 Thank you for your indulgence,
3 Mr. President.
4 ACTING PRESIDENT CROCI: Senator
5 DeFrancisco, your colleagues and I will be happy
6 to join you on that trip. I'm sure it will make
7 for a more exciting trip.
8 Senator.
9 SENATOR DeFRANCISCO: Can we return
10 to motions and resolutions.
11 ACTING PRESIDENT CROCI: Motions
12 and resolutions.
13 SENATOR DeFRANCISCO: I wish to
14 call up Senator Amedore's bill, recalled from the
15 Assembly, which is now at the desk.
16 ACTING PRESIDENT CROCI: The
17 Secretary will read the title of the bill.
18 THE SECRETARY: Calendar Number 31,
19 by Senator Amedore, Senate Print 894, an act to
20 amend the Highway Law.
21 SENATOR DeFRANCISCO: I now move to
22 reconsider the vote by which the bill was passed.
23 ACTING PRESIDENT CROCI: Call the
24 roll on reconsideration.
25 THE SECRETARY: Ayes, 61.
3092
1 ACTING PRESIDENT CROCI: The bill
2 is restored to its place on the Third Reading
3 Calendar.
4 SENATOR DeFRANCISCO: I now offer
5 the following amendments.
6 ACTING PRESIDENT CROCI: The
7 amendments are received, and the bill retains its
8 place on the Third Reading Calendar.
9 SENATOR DeFRANCISCO: I wish to
10 call up Senator Marcellino's bill, Print Number
11 1296B, recalled from the Assembly, which is now
12 at the desk.
13 ACTING PRESIDENT CROCI: The
14 Secretary will read the title of the bill.
15 THE SECRETARY: Calendar Number
16 121, by Senator Marcellino, Senate Print 1296B,
17 an act authorizing.
18 SENATOR DeFRANCISCO: I now move to
19 reconsider the vote by which this bill was
20 passed.
21 ACTING PRESIDENT CROCI: Call the
22 roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT CROCI: The bill
3093
1 is restored to place on the Third Reading
2 Calendar.
3 SENATOR DeFRANCISCO: I now offer
4 the following amendments.
5 ACTING PRESIDENT CROCI: The
6 amendments are received, and the bill retains its
7 place on the Third Reading Calendar.
8 SENATOR DeFRANCISCO: Now I wish to
9 call up Senator Serino's bill, Print 4285,
10 recalled from the Assembly, which is now at the
11 desk.
12 ACTING PRESIDENT CROCI: The
13 Secretary will read the title of the bill.
14 THE SECRETARY: Calendar Number
15 276, by Senator Serino, Senate Print 4285, an act
16 to amend the Public Health Law.
17 SENATOR DeFRANCISCO: I now move to
18 reconsider the vote by which the bill was passed.
19 ACTING PRESIDENT CROCI: Call the
20 roll on reconsideration.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT CROCI: The bill
24 is restored to its place on the Third Reading
25 Calendar.
3094
1 SENATOR DeFRANCISCO: I now offer
2 the following amendments.
3 ACTING PRESIDENT CROCI: The
4 amendments are received, and the bill retains its
5 place on the Third Reading Calendar.
6 SENATOR DeFRANCISCO: I wish to
7 call up Senator Little's bill, 367, recalled from
8 the Assembly, which is now at the desk.
9 ACTING PRESIDENT CROCI: The
10 Secretary will read the title of the bill.
11 THE SECRETARY: Calendar Number
12 328, by Senator Little, Senate Print 367, an act
13 to amend the General Municipal Law.
14 SENATOR DeFRANCISCO: I now move to
15 reconsider the vote by which the bill was passed.
16 ACTING PRESIDENT CROCI: Call the
17 roll on reconsideration.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT CROCI: The bill
21 is restored to its place on the Third Reading
22 Calendar.
23 SENATOR DeFRANCISCO: I now offer
24 the following amendments.
25 ACTING PRESIDENT CROCI: The
3095
1 amendments are received, and the bill will retain
2 its place on the Third Reading Calendar.
3 SENATOR DeFRANCISCO: I now wish to
4 call up Senator Akshar's bill, Number 4473,
5 recalled from the Assembly, which is now at the
6 desk.
7 ACTING PRESIDENT CROCI: The
8 Secretary will read the title of the bill.
9 THE SECRETARY: Calendar Number
10 472, by Senator Akshar, Senate Print 4473, an act
11 to amend the Highway Law.
12 SENATOR DeFRANCISCO: I now move to
13 reconsider the vote by which this bill was
14 passed.
15 ACTING PRESIDENT CROCI: Call the
16 roll on reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT CROCI: The bill
20 is restored to its place on the Third Reading
21 Calendar.
22 SENATOR DeFRANCISCO: I now offer
23 the following amendments.
24 ACTING PRESIDENT CROCI: The
25 amendments are received, and the bill retains its
3096
1 place on the Third Reading Calendar.
2 SENATOR DeFRANCISCO: I now wish to
3 call up Senate Print Number 4475, by Senator
4 Akshar, recalled from the Assembly, which is now
5 at the desk.
6 ACTING PRESIDENT CROCI: The
7 Secretary will read the title of the bill.
8 THE SECRETARY: Calendar Number
9 473, by Senator Akshar, Senate Print 4475, an act
10 to amend the Highway Law.
11 SENATOR DeFRANCISCO: I now move to
12 reconsider the vote by which this bill was
13 passed.
14 ACTING PRESIDENT CROCI: Call the
15 roll on reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT CROCI: The bill
19 is restored to its place on the Third Reading
20 Calendar.
21 SENATOR DeFRANCISCO: I now offer
22 the following amendments.
23 ACTING PRESIDENT CROCI: The
24 amendments are received, and the bill retains its
25 place on the Third Reading Calendar.
3097
1 SENATOR DeFRANCISCO: I wish to
2 call up Senator Marchione's bill, Print 4662,
3 recalled from the Assembly, which is now at the
4 desk.
5 ACTING PRESIDENT CROCI: The
6 Secretary will read the title of the bill.
7 THE SECRETARY: Calendar Number
8 474, by Senator Marchione, Senate Print 4662, an
9 act to amend the Highway Law.
10 SENATOR DeFRANCISCO: I now move to
11 reconsider the vote by which the bill was passed.
12 ACTING PRESIDENT CROCI: Call the
13 roll on reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT CROCI: The bill
17 is restored to its place on the Third Reading
18 Calendar.
19 SENATOR DeFRANCISCO: I now offer
20 the following amendments.
21 ACTING PRESIDENT CROCI: The
22 amendments are received, and the bill retains its
23 place on the Third Reading Calendar.
24 SENATOR DeFRANCISCO: I wish to
25 call up Senator Golden's bill, 233, recalled from
3098
1 the Assembly, which is now at the desk.
2 ACTING PRESIDENT CROCI: The
3 Secretary will read the title of the bill.
4 THE SECRETARY: Calendar Number
5 596, by Senator Golden, Senate Print 233, an act
6 to establish.
7 SENATOR DeFRANCISCO: I now move to
8 reconsider the vote by which the bill was passed.
9 ACTING PRESIDENT CROCI: Call the
10 roll on reconsideration.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT CROCI: The bill
14 is restored to its place on the Third Reading
15 Calendar.
16 SENATOR DeFRANCISCO: I now offer
17 the following amendments.
18 ACTING PRESIDENT CROCI: The
19 amendments are received, and the bill retains its
20 place on the Third Reading Calendar.
21 SENATOR DeFRANCISCO: I wish to
22 call up Senator Jacobs' bill, Print 5795,
23 recalled from the Assembly, which is now at the
24 desk.
25 ACTING PRESIDENT CROCI: The
3099
1 Secretary will read the title of the bill.
2 THE SECRETARY: Calendar Number
3 977, by Senator Jacobs, Senate Print 5795, an act
4 to amend the State Administrative Procedure Act.
5 SENATOR DeFRANCISCO: I move to
6 reconsider the vote by which the bill was passed.
7 ACTING PRESIDENT CROCI: Call the
8 roll on reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT CROCI: The bill
12 is restored to its place on the Third Reading
13 Calendar.
14 SENATOR DeFRANCISCO: I now offer
15 the following amendments.
16 ACTING PRESIDENT CROCI: The
17 amendments are received, and the bill retains its
18 place on the Third Reading Calendar.
19 SENATOR DeFRANCISCO:
20 Amendments are offered to the following Third
21 Reading Calendar bills:
22 Senator Golden, page 35, Calendar
23 Number 106, Senate Print 1634;
24 Senator Murphy, page 38, Calendar
25 Number 219, Senate Print 2303A;
3100
1 Senator LaValle, page 41, Calendar
2 Number 299, Senate Print 2482A;
3 Senator Ortt, page 48, Calendar
4 Number 425, Senate Print 1152;
5 Senator Golden, page 55, Calendar
6 Number 568, Senate Print 5484;
7 Senator Griffo, page 53, Calendar
8 Number 531, Senate Print 2420A;
9 Senator Gallivan, page 54, Calendar
10 Number 539, Senate Print 2393;
11 Senator Phillips, page 96, Calendar
12 Number 627, Senate Print 4456;
13 Senator LaValle, page 60, Calendar
14 Number 637, Senate Print 5567;
15 Senator Murphy, page 62, Calendar
16 Number 666, Senate Print 3037;
17 Senator Seward, page 62, Calendar
18 Number 675, Senate Print 3959;
19 Senator Golden, page 68, Calendar
20 Number 765, Senate Print 1615;
21 Senator Young, page 71, Calendar
22 Number 793, Senate Print 5244;
23 Senator LaValle, page 75, Calendar
24 Number 846, Senate Print 5133;
25 Senator Akshar, page 75, Calendar
3101
1 Number 849, Senate Print 5635;
2 Senator LaValle, page 78, Calendar
3 Number 884, Senate Print 2466;
4 Senator Bonacic, page 79, Calendar
5 Number 895, Senate Print 3898;
6 Senator Lanza, page 82, Calendar
7 Number 938, Senate Print 4796;
8 Senator Serino, page 85, Calendar
9 Number 964, Senate Print 2139A;
10 Senator Akshar, page 85, Calendar
11 Number 965, Senate Print 4474;
12 Senator Robach, page 86, Calendar
13 Number 985, Senate Print 1006;
14 Senator Little, page 88, Calendar
15 Number 1010, Senate Print 4276A;
16 Senator Gallivan, page 91, Calendar
17 Number 1034, Senate Print 5512;
18 Senator Bonacic, page 37, Calendar
19 Number 198, Senate Print 999;
20 Senator Hannon, page 47, Calendar
21 Number 412, Senate Print 3941;
22 Senator Hannon, page 48, Calendar
23 Number 436, Senate Print 3567A.
24 And I move that these bills retain
25 their place on the order of third reading.
3102
1 ACTING PRESIDENT CROCI: Senator,
2 the amendments are received, and the bills retain
3 their place on the Third Reading Calendar.
4 SENATOR DeFRANCISCO: Can we now
5 take up previously adopted Resolution 1866, by
6 Senator Akshar, read it in its entirety, and call
7 on Senator Akshar to speak.
8 ACTING PRESIDENT CROCI: The
9 Secretary will read.
10 THE SECRETARY: Legislative
11 Resolution Number 1866, by Senator Akshar,
12 mourning the death of the Honorable Donald Ray
13 Magill, Justice of the Town of Maine, New York.
14 "WHEREAS, It is the custom of this
15 Legislative Body to mourn publicly the death of
16 prominent citizens of the State of New York whose
17 lifework and civic endeavor served to enhance the
18 reputation of the State; and
19 "WHEREAS, It is with feelings of
20 deepest regret that this Legislative Body records
21 the passing of the Honorable Donald Ray Magill,
22 Justice of the Town of Maine, New York, noting
23 the significance of the loss of a man whose
24 altruistic spirit will be greatly missed; and
25 "WHEREAS, Judge Donald Ray Magill
3103
1 died on Thursday, April 6, 2017, in Maine, at the
2 age of 72; and
3 "WHEREAS, After graduating from
4 Hollidaysburgh High School in Pennsylvania,
5 Judge Donald Ray Magill earned his bachelor's
6 degree in computer science from Penn State
7 University; and
8 "WHEREAS, Judge Donald Ray Magill
9 proudly served his country as a member of the
10 United States Army from March 14, 1967, to
11 December 19, 1969, during the Vietnam War, where
12 he was an OH-6 Light Observation Helicopter Pilot
13 and flew 980 combat hours; for his meritorious
14 service and heroic actions, he was awarded the
15 Air Medal with one oak leaf cluster with 'V'
16 device for valor, a Purple Heart medal with one
17 oak leaf cluster after being wounded in combat on
18 January 1, 1968, and a second Purple Heart in
19 February of 1968; and
20 "WHEREAS, After the conclusion of
21 the war, Judge Donald Ray Magill served in the
22 Civil Air Patrol and as an instructor pilot for
23 the New York State National Guard, retiring as a
24 Chief Warrant Officer 3; for 40 years, he was a
25 valued employee at IBM; and
3104
1 "WHEREAS, In 1987, Donald Ray Magill
2 was appointed to the position of Town of Maine
3 Justice, and in 1988, was elected for his first
4 four-year term, beginning a long and
5 distinguished career serving his community; in
6 January of 2017, he was sworn in for his
7 30th year as town justice; and
8 "WHEREAS, In 2004, Judge Donald Ray
9 Magill held the title of President of the
10 New York State Magistrate's Association; in 2014,
11 he was the recipient of the New York State
12 Magistrate's Association's statewide Honorable
13 Eugene W. Salisbury Magistrate of the Year Award;
14 and
15 "WHEREAS, A legal scholar with a
16 keen mind, good judgment and, above all, an
17 unfaltering sense of justice and fairness,
18 Judge Donald Ray Magill was the author of
19 Magill's Manual, a website and printed manual of
20 the Vehicle and Traffic and Penal Law, used by
21 town and village justices through the State of
22 New York; and
23 "WHEREAS, Proud of his heritage,
24 Judge Donald Ray Magill was a Potentate at the
25 Kalurah Shrine and a 33rd-Degree member of the
3105
1 Scottish rite; and
2 "WHEREAS, Judge Donald Ray Magill
3 also held the title of Master of the Maine
4 Masonic Lodge, and was a member of the Royal Arch
5 Masons, Cryptic Masons, Knights of the York Cross
6 of Honor, and the Red Cross of Constantine; in
7 addition, he served on the Board of Governors of
8 Shriner's Hospital for Children and was an
9 emeritus member; and
10 "WHEREAS, Affectionately called
11 'Dutch,' Judge Donald Ray Magill set an example
12 for all individuals by exemplifying what it means
13 to give of oneself; he was a beautiful light in
14 the lives of all those with whom he came in
15 contact; and
16 "WHEREAS, Predeceased by his
17 parents, Edgar C. and Helen Magill, two brothers,
18 Albert and Edgar Magill, Jr., and one daughter,
19 Theresa Petrzaka Morris, Judge Donald Ray Magill
20 is survived by his wife of 20 years, Patricia
21 (Coughlin) Magill; two daughters, Heather
22 (Douglas) MacQueen and Kerri Petrzala; two sons,
23 Frank (Jean Ticen) Petrzala and Dennis (Sandra)
24 Coughlin; seven grandchildren, Daniel, Nicholas,
25 Jared, Michelle, Kelly, Allison and Michael; one
3106
1 brother, Robert Magill, and one sister-in-law,
2 Laura Magill, as well as several nieces, nephews
3 and friends; and
4 "WHEREAS, Armed with a humanistic
5 spirit, imbued with a sense of compassion, and
6 comforted by a loving family, Judge Donald Ray
7 Magill's life was a portrait of service, a legacy
8 which will long endure the passage of time and
9 will remain as a comforting memory to all he
10 served and befriended; now, therefore, be it
11 "RESOLVED, That this Legislative
12 Body pause in its deliberations to mourn the
13 death of the Honorable Donald Ray Magill, Justice
14 of the Town of Maine, New York; and be it further
15 "RESOLVED, That a copy of this
16 resolution, suitably engrossed, be transmitted to
17 the family of the Honorable Donald Ray Magill."
18 ACTING PRESIDENT CROCI: Senator
19 Akshar on the resolution.
20 SENATOR AKSHAR: Mr. President,
21 thank you so much.
22 Senator DeFrancisco, thank you for
23 the time on an extremely busy day.
24 I rise today to pay tribute
25 posthumously to a constituent of mine who was a
3107
1 man of immeasurable character and grace, as you
2 just heard: The Honorable Judge Donald Magill,
3 affectionately referred to as "Dutch" by those
4 who knew him. Judge Magill served many roles in
5 SD 52. He was a much valued employee at IBM for
6 over 40 years; 31 distinguished years serving as
7 the justice in the Town of Maine. And Justice
8 Magill was certainly someone that I looked up to
9 and sought advice from as a former member of law
10 enforcement, both legal and judicial advice, on
11 many occasions.
12 As many of you in this house
13 remember, we had an opportunity to pay tribute to
14 the Vietnam veterans on March 29th of this year.
15 I want to thank Senator Murphy for spearheading
16 that effort, because to the Magill family that
17 was eight short days before he passed away. And
18 all of us had a wonderful opportunity that day to
19 pay homage to the veterans. And of course, as I
20 said, amongst those in attendance was my friend
21 Dutch and his beautiful and loving wife Pat, who
22 is with us here today along with her family.
23 And for those of you that were here,
24 and many of you were, Dutch sat right behind
25 Senator Murphy and I. He was in a wheelchair,
3108
1 with Pat. And he certainly enjoyed his day.
2 Among the judge's many
3 accomplishments, Dutch's love for his country was
4 unmatched and never wavered. I think we could
5 all agree on that. Dutch proudly served in the
6 United States Army as a decorated helicopter
7 pilot, achieving the rank of warrant officer.
8 And after being wounded in action in the Vietnam
9 War, Dutch earned not one but two Purple Hearts
10 for his heroism and bravery. The year, 1968.
11 That certainly didn't deter him.
12 After the Vietnam War, Dutch continued to serve
13 our country as a volunteer in the Civil Air
14 Patrol and as an instructor pilot for the New
15 York State National Guard.
16 I want to thank Pat Magill, Dutch's
17 beautiful and loving wife, and their children,
18 Kerri, Frank and Heather; the rest of the family
19 members that are with us in the gallery, a couple
20 of grandkids there that are with us as well. I
21 want to thank Tom McMillin, a good friend of
22 Dutch's and also a Vietnam veteran, for being
23 with us. Also, we're joined by members of the
24 New York State Magistrates Association. Thank
25 you kindly for being with us.
3109
1 To Pat and all of Dutch's family, I
2 simply say thank you for sharing Dutch with our
3 community and with the people of this great
4 state. It is abundantly clear to me that Dutch
5 was a loving husband, a loving father, a brother,
6 a grandfather, and a public servant who clearly
7 put service before self every day that he went
8 out into the community -- and, most importantly,
9 someone I considered a friend. He will truly be
10 missed by everybody in our community and by the
11 people of this great state.
12 Mr. President, I thank you for your
13 indulgence and ask that you extend all the
14 privileges and the courtesies of this great house
15 to Judge Magill's family and friends who are with
16 us here today.
17 ACTING PRESIDENT CROCI: To the
18 Magill family, we extend our deepest condolences
19 on behalf of the Senate for your loss. And we
20 ask that you stand and be recognized for Judge
21 Magill's long service to his country and to this
22 state.
23 (Standing ovation.)
24 ACTING PRESIDENT CROCI: Senator
25 DeFrancisco.
3110
1 SENATOR DeFRANCISCO: Could we now
2 take up previously adopted Resolution 2271, by
3 Senator Serino, read the title only, and call on
4 Senator Serino to speak.
5 ACTING PRESIDENT CROCI: The
6 Secretary will read, title only.
7 THE SECRETARY: Legislative
8 Resolution Number 2271, by Senator Serino,
9 memorializing Governor Andrew M. Cuomo to
10 proclaim June 2017 as Alzheimer's and Brain
11 Awareness Month in the State of New York.
12 ACTING PRESIDENT CROCI: Senator
13 Serino on the resolution.
14 SENATOR SERINO: Thank you,
15 Mr. President.
16 I thank my colleagues for the
17 opportunity to recognize June as Alzheimer's and
18 Brain Awareness Month here in the State of
19 New York.
20 Unfortunately, you would be
21 hard-pressed to find a person that doesn't know
22 someone whose family has been touched by
23 Alzheimer's disease or dementia. But it wasn't
24 until I became chair of the Senate's Aging
25 Committee that I really began to understand the
3111
1 full scale of the problem here in New York.
2 According to the Alzheimer's
3 Association, every 66 seconds someone in the
4 United States develops Alzheimer's disease, a
5 disease that kills more patients than breast
6 cancer and prostate cancer combined. There are
7 5.5 million Americans living with Alzheimer's
8 disease and dementia, and almost 400,000 of those
9 live right here in New York.
10 Currently there is no robust
11 treatment or cure for Alzheimer's and dementia,
12 and the burden of caring for someone struggling
13 with these diseases often falls on the shoulders
14 of family members and unpaid caregivers.
15 New York's caregivers provide over 1 billion
16 hours of unpaid care to their loved ones with
17 Alzheimer's. But I can tell you from speaking
18 with so many of them, they will rarely complain
19 about that time or the thousands of dollars they
20 spent each year to maintain quality of life for
21 those patients.
22 What they will tell you about is the
23 utter shock and pain that comes along with the
24 first time their parent with Alzheimer's doesn't
25 remember their name, or the sheer horror they
3112
1 felt when they got a phone call from the police
2 letting them know that they found their loved one
3 wandering the street late at night. Or the
4 confusion and frustration that comes with
5 watching a formerly self-sufficient loved one
6 forget how to even brush their own teeth.
7 Alzheimer's and dementia diagnoses
8 impact not only the patients but an entire
9 family, changing life as they knew it forever.
10 This month is about shining light on these
11 diseases and showing support for those living
12 with Alzheimer's and dementia and their families.
13 We're making incredible strides here in New York,
14 a state that has committed millions to battling
15 the diseases -- but there is still work to be
16 done, which is why pausing to raise awareness
17 couldn't be more important.
18 I thank you for the opportunity, and
19 I invite my colleagues to help further the cause
20 by cosponsoring this resolution and spreading the
21 word throughout their communities.
22 Thank you.
23 ACTING PRESIDENT CROCI: The
24 resolutions are open for cosponsorship. If you
25 would like to be a cosponsor, please notify the
3113
1 desk.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: As to the
4 last resolution, Number 2271, I think it would be
5 appropriate to indicate that everyone is on
6 unless they don't want to be on.
7 ACTING PRESIDENT CROCI: As to the
8 resolution honoring Justice Magill, if you do not
9 wish to be a cosponsor, please notify the desk.
10 SENATOR DeFRANCISCO: Also the
11 Alzheimer's one.
12 ACTING PRESIDENT CROCI: And
13 Senator Serino's resolution, as we said, if you
14 do not wish to be a cosponsor, please notify the
15 desk.
16 SENATOR DeFRANCISCO: Thank you.
17 Would you please call on Senator Valesky for some
18 motions.
19 ACTING PRESIDENT CROCI: Senator
20 Valesky.
21 SENATOR VALESKY: Thank you,
22 Mr. President.
23 First of all, I wish to call up my
24 bill, Senate Bill 1078, recalled from the
25 Assembly, which is now at the desk.
3114
1 ACTING PRESIDENT CROCI: The
2 Secretary will read the title of the bill.
3 THE SECRETARY: Calendar Number
4 278, by Senator Valesky, Senate Print 1078, an
5 act to amend the Alcoholic Beverage Control Law.
6 SENATOR VALESKY: I now move to
7 reconsider the vote by which this bill was
8 passed.
9 ACTING PRESIDENT CROCI: Call the
10 roll on reconsideration.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT CROCI: The bill
14 is restored to its place on the Third Reading
15 Calendar.
16 SENATOR VALESKY: I now offer the
17 following amendments.
18 ACTING PRESIDENT CROCI: The
19 amendments are received, and the bill retains its
20 place on the Third Reading Calendar.
21 SENATOR VALESKY: On behalf of
22 Senator Savino, I move that Senate Bill 6446 be
23 discharged from its respective committee and be
24 recommitted with instructions to strike the
25 enacting clause.
3115
1 ACTING PRESIDENT CROCI: So
2 ordered.
3 SENATOR VALESKY: And,
4 Mr. President, I have amendments that I'm
5 offering to the following Third Reading Calendar
6 bills:
7 By Senator Peralta, page 39,
8 Calendar 248, Senate Bill 587;
9 Senator Valesky, page 39, Calendar
10 250, Bill 1104;
11 Senator Valesky, page 41, Calendar
12 302, Senate Bill 4346;
13 Senator Savino, page 56, Calendar
14 585, Senate Bill 5429;
15 Senator Avella, page 56, Calendar
16 591, Senate Bill 5426;
17 And Senator Klein, on page 70,
18 Calendar 778, Senate Bill 5664.
19 I move that these bills retain their
20 place on the order --
21 (Loud thunderclap.)
22 SENATOR VALESKY: -- of third
23 reading.
24 (Laughter.)
25 ACTING PRESIDENT CROCI: Senator,
3116
1 the amendments are received and the bills retain
2 their place on the Third Reading Calendar.
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: When Senator
5 Valesky speaks, the heavens listen.
6 (Laughter.)
7 SENATOR DeFRANCISCO: Could you now
8 call on Senator Gianaris.
9 ACTING PRESIDENT CROCI: Senator
10 Gianaris, can you top that?
11 SENATOR GIANARIS: I'm afraid to
12 say anything, Mr. President.
13 On behalf of Senator Persaud, on
14 page 61 I offer the following amendments to
15 Calendar 653, Senate Print 1199, and ask that
16 said bill retain its place on the Third Reading
17 Calendar.
18 ACTING PRESIDENT CROCI: The
19 amendments are received, and the bill shall
20 retain its place on the Third Reading Calendar.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Can we now
23 take up the reading of the noncontroversial
24 calendar.
25 ACTING PRESIDENT CROCI: The
3117
1 Secretary will read.
2 THE SECRETARY: Calendar Number 69,
3 by Senator Young, Senate Print 457, an act to
4 amend the Penal Law.
5 ACTING PRESIDENT CROCI: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of November.
9 ACTING PRESIDENT CROCI: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT CROCI: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 116, by Senator Ortt, Senate Print 874A, an act
17 to amend the Real Property Tax Law.
18 ACTING PRESIDENT CROCI: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 120th day.
22 ACTING PRESIDENT CROCI: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61. Nays, 1.
3118
1 Senator Little recorded in the negative.
2 ACTING PRESIDENT CROCI: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 163, by Senator Lanza, Senate Print 2619, an act
6 to amend the Penal Law.
7 ACTING PRESIDENT CROCI: Read the
8 last section.
9 THE SECRETARY: Section 7. This
10 act shall take effect on the first of November.
11 ACTING PRESIDENT CROCI: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT CROCI: The bill
16 is passed.
17 THE SECRETARY: In relation to
18 Calendar 163: Ayes, 61. Nays, 1. Senator
19 Montgomery recorded in the negative.
20 ACTING PRESIDENT CROCI: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 226, by Senator Avella, Senate Print 1487, an act
24 to amend the Real Property Tax Law.
25 SENATOR GIANARIS: Lay it aside.
3119
1 ACTING PRESIDENT CROCI: The bill
2 will be laid aside.
3 THE SECRETARY: Calendar Number
4 231, by Senator Little, Senate Print 2252, an act
5 to amend the Town Law.
6 ACTING PRESIDENT CROCI: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first of January.
10 ACTING PRESIDENT CROCI: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT CROCI: Announce
14 the result.
15 THE SECRETARY: In relation to
16 Calendar 231, those recorded in the negative are
17 Senators Bailey, Benjamin, Breslin, Brooks,
18 Comrie, DeFrancisco, Díaz, Gianaris, Hamilton,
19 Hoylman, Kaminsky, Krueger, Latimer, Montgomery,
20 Peralta, Persaud, Rivera, Sanders, Serrano,
21 Squadron, Stavisky and Stewart-Cousins.
22 Ayes, 40. Nays, 22.
23 ACTING PRESIDENT CROCI: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3120
1 247, by Senator Young, Senate Print 565, an act
2 to amend the General Business Law.
3 ACTING PRESIDENT CROCI: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT CROCI: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: In relation to
11 Calendar 247, those recorded in the negative are
12 Senators Alcantara, Hamilton and Savino.
13 Ayes, 59. Nays, 3.
14 ACTING PRESIDENT CROCI: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 300, by Senator Lanza, Senate Print 3308, an act
18 to amend the Public Authorities Law.
19 SENATOR GIANARIS: Lay it aside.
20 ACTING PRESIDENT CROCI: The bill
21 will be laid aside.
22 THE SECRETARY: Calendar Number
23 334, by Senator Marchione, Senate Print 3865, an
24 act to amend the General Municipal Law.
25 ACTING PRESIDENT CROCI: Read the
3121
1 last section.
2 SENATOR GIANARIS: Lay it aside.
3 ACTING PRESIDENT CROCI: Lay it
4 aside.
5 THE SECRETARY: Calendar Number
6 344, by Senator Gallivan, Senate Print 3580, an
7 act to amend the Racing, Pari-Mutuel Wagering and
8 Breeding Law.
9 ACTING PRESIDENT CROCI: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT CROCI: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT CROCI: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 347, by Senator Little, Senate Print 1674, an act
21 to amend the Navigation Law.
22 ACTING PRESIDENT CROCI: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3122
1 ACTING PRESIDENT CROCI: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT CROCI: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 352, by Senator Funke, Senate Print 3988, an act
9 to amend the Economic Development Law.
10 ACTING PRESIDENT CROCI: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT CROCI: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT CROCI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 365, by Senator Marcellino, Senate Print 1694A,
22 an act to amend the Education Law.
23 ACTING PRESIDENT CROCI: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3123
1 act shall take effect immediately.
2 ACTING PRESIDENT CROCI: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT CROCI: Announce
6 the result.
7 THE SECRETARY: In relation to
8 Calendar 365, those recorded in the negative are
9 Senators Alcantara, Avella, Bailey, Brooks,
10 Carlucci, Comrie, Hoylman, Kennedy, Krueger,
11 Montgomery and Sanders. Also Senator Rivera and
12 Senator Tedisco.
13 Ayes, 49. Nays, 13.
14 ACTING PRESIDENT CROCI: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 369, by Senator Lanza, Senate Print 2629A, an act
18 to amend the Education Law.
19 ACTING PRESIDENT CROCI: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT CROCI: Call the
24 roll.
25 (The Secretary called the roll.)
3124
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT CROCI: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 373, by Senator Marcellino, Senate Print 3479, an
6 act to amend the Education Law.
7 ACTING PRESIDENT CROCI: Read the
8 last section.
9 THE SECRETARY: Section 13. This
10 act shall take effect immediately.
11 ACTING PRESIDENT CROCI: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: In relation to
15 Calendar 373, those recorded in the negative are
16 Senators Alcantara, Avella and Carlucci.
17 Ayes, 59. Nays, 3.
18 ACTING PRESIDENT CROCI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 374, by Senator Helming, Senate Print 4538, an
22 act to amend the Education Law.
23 ACTING PRESIDENT CROCI: Read the
24 last section.
25 THE SECRETARY: Section 13. This
3125
1 act shall take effect on the first of July.
2 ACTING PRESIDENT CROCI: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61. Nays, 1.
6 Senator Ranzenhofer recorded in the negative.
7 ACTING PRESIDENT CROCI: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 410, substituted earlier by Member of the
11 Assembly Brindisi, Assembly Print 2380, an act to
12 amend the Public Health Law.
13 ACTING PRESIDENT CROCI: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day.
17 ACTING PRESIDENT CROCI: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT CROCI: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 456, by Senator Helming, Senate Print 2571, an
25 act to amend the General Municipal Law.
3126
1 ACTING PRESIDENT CROCI: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT CROCI: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT CROCI: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 483, by Senator Lanza, Senate Print 2601, an
13 act --
14 SENATOR DeFRANCISCO: Lay it aside
15 for the day, please.
16 ACTING PRESIDENT CROCI: The bill
17 will be laid aside for the day.
18 THE SECRETARY: Calendar Number
19 498, by Senator Squadron, Senate Print 3654, an
20 act to amend the Penal Law.
21 ACTING PRESIDENT CROCI: Read the
22 last section.
23 THE SECRETARY: Section 11. This
24 act shall take effect immediately.
25 ACTING PRESIDENT CROCI: Call the
3127
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT CROCI: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 503, by Senator Ritchie, Senate Print 2125, an
8 act to amend the Correction Law.
9 ACTING PRESIDENT CROCI: Read the
10 last section.
11 SENATOR GIANARIS: Lay it aside.
12 ACTING PRESIDENT CROCI: The bill
13 will be laid aside.
14 THE SECRETARY: Calendar Number
15 525, by Senator Golden, Senate Print 5063, an act
16 to amend the Public Authorities Law.
17 ACTING PRESIDENT CROCI: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT CROCI: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT CROCI: The bill
3128
1 is passed.
2 Calendar Number 531 is high.
3 Calendar Number 539 is also high.
4 THE SECRETARY: Calendar Number
5 565, by Senator Golden, Senate Print 5118B, an
6 act to amend the Civil Service Law.
7 SENATOR GIANARIS: Lay it aside.
8 ACTING PRESIDENT CROCI: The bill
9 will be laid aside.
10 THE SECRETARY: Calendar Number
11 583, substituted earlier by member of the
12 Assembly Magnarelli, Assembly Print 6508, an act
13 to amend Chapter 492 of the Laws of 1993.
14 ACTING PRESIDENT CROCI: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT CROCI: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT CROCI: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 594, by Senator Golden, Senate Print 229, an act
3129
1 to amend the Public Authorities Law.
2 ACTING PRESIDENT CROCI: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT CROCI: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT CROCI: Announce
10 the result.
11 THE SECRETARY: In relation to
12 Calendar 594, those recorded in the negative are
13 Senators Bonacic, Croci, DeFrancisco, Felder,
14 Funke, Helming, Jacobs, Larkin, LaValle,
15 Marchione, Murphy, Ortt, Serino and Tedisco.
16 Also Senator Ranzenhofer. Also Senator Griffo.
17 Also Senator Akshar.
18 Ayes, 45. Nays, 17.
19 ACTING PRESIDENT CROCI: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 640, substituted earlier by Member of the
23 Assembly Paulin, Assembly Print 2750A, an act to
24 amend the Public Officers Law.
25 ACTING PRESIDENT CROCI: Read the
3130
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT CROCI: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT CROCI: The bill
9 is passed.
10 And Calendar Number 637 is being
11 amended; the bill is high.
12 THE SECRETARY: Calendar Number
13 641, by Senator Murphy, Senate Print 5481, an act
14 to direct.
15 ACTING PRESIDENT CROCI: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT CROCI: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT CROCI: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3131
1 655, by Senator DeFrancisco, Senate Print 3716,
2 an act to amend the Penal Law.
3 SENATOR GIANARIS: Lay it aside.
4 ACTING PRESIDENT CROCI: The bill
5 is laid aside.
6 Calendar Number 675 is high.
7 THE SECRETARY: Calendar Number
8 700, by Senator Ranzenhofer, Senate Print 3236,
9 an act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT CROCI: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 120th day.
14 ACTING PRESIDENT CROCI: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT CROCI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 745, by Senator Carlucci, Senate Print 1646, an
22 act to amend the State Administrative Procedure
23 Act.
24 ACTING PRESIDENT CROCI: Read the
25 last section.
3132
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT CROCI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT CROCI: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 748, by Senator Griffo, Senate Print 2323, an act
11 to amend the General Municipal Law.
12 ACTING PRESIDENT CROCI: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT CROCI: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT CROCI: Senator
20 Helming.
21 SENATOR HELMING: Thank you,
22 Mr. President.
23 I rise today in support of this bill
24 and in support of eliminating the unfair practice
25 of burdening our local governments and school
3133
1 districts with unfunded mandates. In the six
2 counties that I represent, unfunded mandates
3 amount to more than 80 percent of each county's
4 budget. This makes it difficult to stay under
5 the property tax caps and to reduce burdensome
6 property taxes.
7 I firmly believe New York State must
8 stop passing the buck by placing the
9 responsibility for funding mandates on our local
10 governments and schools. If New York State feels
11 a program or service is worthwhile, it should be
12 funded by the state.
13 I thank Senator Griffo for
14 sponsoring this important legislation, and I vote
15 aye, Mr. President.
16 ACTING PRESIDENT CROCI: Announce
17 the result.
18 THE SECRETARY: In relation to
19 Calendar 748, those recorded in the negative are
20 Senators Bailey, Comrie, Hoylman, Krueger,
21 Montgomery, Rivera, Sanders, Serrano, Squadron
22 and Stavisky.
23 Ayes, 52. Nays, 10.
24 ACTING PRESIDENT CROCI: The bill
25 is passed.
3134
1 THE SECRETARY: Calendar Number
2 752, by Senator Murphy, Senate Print 4245, an act
3 to amend the Tax Law.
4 SENATOR GIANARIS: Lay it aside.
5 ACTING PRESIDENT CROCI: The bill
6 is laid aside.
7 THE SECRETARY: Calendar Number
8 759, by Senator Klein, Senate Print 1987A, an act
9 to amend the Alcoholic Beverage Control Law.
10 ACTING PRESIDENT CROCI: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT CROCI: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT CROCI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 781, by Senator Ortt, Senate Print 1480, an act
22 authorizing.
23 ACTING PRESIDENT CROCI: There is a
24 home-rule message at the desk.
25 Read the last section.
3135
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT CROCI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT CROCI: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 794, by Senator Helming, Senate Print 5251A, an
11 act to amend the General Municipal Law.
12 ACTING PRESIDENT CROCI: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT CROCI: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT CROCI: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 795, by Senator Lanza, Senate Print 5322, an act
24 to amend Chapter 759 of the Laws of 1973.
25 ACTING PRESIDENT CROCI: Read the
3136
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT CROCI: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT CROCI: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 801, by Senator Larkin, Senate Print 5630, an act
12 authorizing.
13 ACTING PRESIDENT CROCI: There is a
14 home-rule message at the desk.
15 Read the last section.
16 SENATOR DeFRANCISCO: Lay it aside
17 for the day.
18 ACTING PRESIDENT CROCI: The bill
19 will be laid aside for the day.
20 THE SECRETARY: Calendar Number
21 807, by Senator Boyle, Senate Print 5125A, an act
22 to amend the General Municipal Law.
23 ACTING PRESIDENT CROCI: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3137
1 act shall take effect immediately.
2 ACTING PRESIDENT CROCI: Call the
3 roll.
4 (The Secretary called the roll.)
5 SENATOR DeFRANCISCO: Excuse me.
6 ACTING PRESIDENT CROCI: Senator
7 DeFrancisco.
8 SENATOR DeFRANCISCO: Lay that bill
9 aside for the day, please.
10 ACTING PRESIDENT CROCI: Calendar
11 807 is laid aside for the day.
12 THE SECRETARY: Calendar Number
13 818, substituted earlier by Member of the
14 Assembly Lupardo, Assembly Print 7391, an act to
15 amend the Alcoholic Beverage Control Law.
16 ACTING PRESIDENT CROCI: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT CROCI: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT CROCI: The bill
25 is passed.
3138
1 THE SECRETARY: Calendar Number
2 819, by Senator Funke, Senate Print 1020, an act
3 to amend the Education Law.
4 ACTING PRESIDENT CROCI: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT CROCI: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT CROCI: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 820, by Senator Funke, Senate Print 1021, an act
16 to amend the Education Law.
17 ACTING PRESIDENT CROCI: Read the
18 last section.
19 SENATOR GIANARIS: Lay it aside.
20 ACTING PRESIDENT CROCI: The bill
21 is laid aside.
22 THE SECRETARY: Calendar Number
23 824, by Senator Avella, Senate Print 1428, an act
24 to establish.
25 ACTING PRESIDENT CROCI: Read the
3139
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT CROCI: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT CROCI: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 833, by Senator Seward, Senate Print 3962, an act
12 to amend the Education Law.
13 ACTING PRESIDENT CROCI: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT CROCI: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61. Nays, 1.
21 Senator Carlucci recorded in the negative.
22 ACTING PRESIDENT CROCI: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 836, by Senator Lanza, Senate Print 5281, an act
3140
1 to amend the Education Law.
2 ACTING PRESIDENT CROCI: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT CROCI: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT CROCI: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 841, by Senator Young, Senate Print 2585, an act
14 to amend the Highway Law.
15 ACTING PRESIDENT CROCI: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT CROCI: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT CROCI: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3141
1 869, by Senator Amedore, Senate Print 5506, an
2 act to amend Chapter 75 of the Laws of 2015.
3 ACTING PRESIDENT CROCI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT CROCI: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT CROCI: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 885, by Senator Helming, Senate Print 2567, an
16 act to amend the State Finance Law.
17 ACTING PRESIDENT CROCI: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT CROCI: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT CROCI: Announce
25 the result.
3142
1 THE SECRETARY: In relation to
2 Calendar 885, those recorded in the negative are
3 Senators Bailey, Benjamin, Breslin, Comrie,
4 Dilan, Hoylman, Kennedy, Krueger, Rivera, Sanders
5 and Stavisky.
6 Ayes, 51. Nays, 11.
7 ACTING PRESIDENT CROCI: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 887, by Senator Hamilton, Senate Print 2716A, an
11 act to enact.
12 ACTING PRESIDENT CROCI: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT CROCI: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT CROCI: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 888, by Senator Tedisco, Senate Print 2883, an
24 act to amend the State Finance Law.
25 ACTING PRESIDENT CROCI: Read the
3143
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 90th day.
4 ACTING PRESIDENT CROCI: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT CROCI: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 907, substituted earlier by Member of the
12 Assembly Jones, Assembly Print 7614, an act to
13 amend the Public Health Law.
14 ACTING PRESIDENT CROCI: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT CROCI: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT CROCI: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 908, by Senator Hannon, Senate Print 5774, an act
3144
1 to amend the Social Services Law.
2 ACTING PRESIDENT CROCI: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT CROCI: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT CROCI: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 918, by Senator Carlucci, Senate Print 3039, an
14 act to amend the Criminal Procedure Law.
15 ACTING PRESIDENT CROCI: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT CROCI: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61. Nays, 1.
23 Senator DeFrancisco recorded in the negative.
24 ACTING PRESIDENT CROCI: The bill
25 is passed.
3145
1 THE SECRETARY: Calendar Number
2 947, by Senator Gallivan, Senate Print 4630, an
3 act to amend the Mental Hygiene Law.
4 ACTING PRESIDENT CROCI: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT CROCI: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT CROCI: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 955, by Senator Marchione, Senate Print 1048, an
16 act to amend the Highway Law.
17 ACTING PRESIDENT CROCI: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT CROCI: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT CROCI: The bill
3146
1 is passed.
2 THE SECRETARY: Calendar Number
3 961, by Senator Carlucci, Senate Print 1721, an
4 act to amend the Vehicle and Traffic Law.
5 ACTING PRESIDENT CROCI: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT CROCI: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT CROCI: Senator
13 Carlucci to explain his vote.
14 SENATOR CARLUCCI: Thank you,
15 Mr. President.
16 This legislation is extremely
17 important. I want to thank my colleagues for
18 supporting it. This Memorial Day unfortunately
19 kicks off the 100 deadliest days of drinking and
20 driving in the United States, from Memorial Day
21 to Labor Day. That's when a 26 percent increase
22 in fatalities happens. On average, 27 people
23 will die from a drinking and driving accident.
24 Unfortunately, that statistic hit my
25 community extremely hard when we lost Larisa
3147
1 Karassik, a young girl in 8th grade. She was
2 part of my student advisory committee. We were
3 up here in Albany doing a mock session -- in
4 fact, she sat I believe in the desk where Senator
5 Bailey is sitting -- and three weeks later she
6 was killed by a drunk driver. And this drunk
7 driver had two previous convictions.
8 And what this legislation will do is
9 make sure that repeat offenders will not be able
10 to operate a motor vehicle. We've got to make
11 sure that there's zero tolerance. We've got to
12 make sure that people that are over and over
13 again committing this crime, that this doesn't
14 happen again.
15 So in memory of Larisa, and to make
16 sure that we keep our roads safe, let's pass this
17 legislation and make sure we keep drunk drivers
18 off the road.
19 Thank you, Mr. President.
20 ACTING PRESIDENT CROCI: Senator
21 Carlucci to be recorded in the affirmative.
22 Announce the result.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT CROCI: The bill
25 is passed.
3148
1 THE SECRETARY: Calendar Number
2 963, by Senator Bonacic, Senate Print 2081, an
3 act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT CROCI: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT CROCI: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT CROCI: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 976, by Senator Peralta, Senate Print 5754, an
16 act to direct.
17 ACTING PRESIDENT CROCI: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT CROCI: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT CROCI: The bill
3149
1 is passed.
2 THE SECRETARY: Calendar Number
3 986, by Senator Robach, Senate Print 1498, an act
4 to amend the Correction Law.
5 ACTING PRESIDENT CROCI: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT CROCI: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT CROCI: Announce
13 the result.
14 THE SECRETARY: In relation to
15 Calendar 986, those recorded in the negative are
16 Senators Alcantara, Bailey, Benjamin, Comrie,
17 Dilan, Gianaris, Hamilton, Hoylman, Krueger,
18 Montgomery, Rivera, Sanders, Squadron and
19 Stavisky.
20 Ayes, 48. Nays, 14.
21 ACTING PRESIDENT CROCI: The bill
22 is passed.
23 THE SECRETARY: On page 87, Senator
24 Gallivan moves to discharge, from the Committee
25 on Rules, Assembly Bill Number 7569 and
3150
1 substitute it for the identical Senate Bill 5430,
2 Third Reading Calendar 994.
3 ACTING PRESIDENT CROCI: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 994, by Member of the Assembly Weprin, Assembly
8 Print 7569, an act to amend the Correction Law.
9 ACTING PRESIDENT CROCI: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Section 4. This
13 act shall take effect on the 120th day.
14 ACTING PRESIDENT CROCI: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT CROCI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 995, by Senator Gallivan, Senate Print 5894, an
22 act to amend Chapter 573 of the Laws of 2011.
23 SENATOR GIANARIS: Lay it aside.
24 ACTING PRESIDENT CROCI: The bill
25 is laid aside.
3151
1 THE SECRETARY: Calendar Number
2 1002, by Senator LaValle, Senate Print 2548, an
3 act to amend the Education Law.
4 ACTING PRESIDENT CROCI: Read the
5 last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT CROCI: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT CROCI: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1009, by Senator Akshar, Senate Print 4087, an
16 act to amend the Public Officers Law.
17 ACTING PRESIDENT CROCI: Read the
18 last section.
19 THE SECRETARY: Section 2. This act
20 shall take effect immediately.
21 ACTING PRESIDENT CROCI: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT CROCI: The bill
3152
1 is passed.
2 THE SECRETARY: Calendar Number
3 1021, by Senator Croci, Senate Print 925, an act
4 to amend the Penal Law.
5 ACTING PRESIDENT CROCI: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT CROCI: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT CROCI: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1023, by Senator Croci, Senate Print 954, an act
17 to amend the Penal Law.
18 ACTING PRESIDENT CROCI: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of November.
22 ACTING PRESIDENT CROCI: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60. Nays, 2.
3153
1 Senators Krueger and Montgomery recorded in the
2 negative.
3 ACTING PRESIDENT CROCI: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1043, by Senator Avella, Senate Print 1387, an
7 act to amend the Environmental Conservation Law.
8 ACTING PRESIDENT CROCI: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT CROCI: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT CROCI: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1048, by Senator DeFrancisco, Senate Print 3131,
20 an act to amend the Real Property Tax Law.
21 ACTING PRESIDENT CROCI: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the first of January.
25 ACTING PRESIDENT CROCI: Call the
3154
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT CROCI: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1062, by Senator Ortt, Senate Print 2836, an act
8 to amend the Mental Hygiene Law.
9 ACTING PRESIDENT CROCI: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT CROCI: Call the
14 roll.
15 (The Secretary called the roll.
16 THE SECRETARY: Ayes, 61. Nays, 1.
17 Senator Hoylman recorded in the negative.
18 ACTING PRESIDENT CROCI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1063, by Senator Ritchie, Senate Print 3307, an
22 act to amend the State Finance Law.
23 ACTING PRESIDENT CROCI: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3155
1 act shall take effect immediately.
2 ACTING PRESIDENT CROCI: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT CROCI: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1064, by Senator Golden, Senate Print 3671, an
10 act to amend the Retirement and Social Security
11 Law.
12 ACTING PRESIDENT CROCI: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT CROCI: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT CROCI: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1065, by Senator Ritchie, Senate Print 4023, an
24 act to amend the Tax Law.
25 ACTING PRESIDENT CROCI: Read the
3156
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT CROCI: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT CROCI: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1074, by Senator Hannon, Senate Print 6394, an
12 act to amend the Retirement and Social Security
13 Law.
14 ACTING PRESIDENT CROCI: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT CROCI: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61. Nays, 1.
22 Senator Sanders recorded in the negative.
23 ACTING PRESIDENT CROCI: The bill
24 is passed.
25 Senator DeFrancisco, that completes
3157
1 the reading of the noncontroversial calendar.
2 SENATOR DeFRANCISCO: Yes. Could
3 you at this time, as far as Calendar 226, Senate
4 Print 1487, lay the Senator Avella bill aside for
5 the day.
6 ACTING PRESIDENT CROCI: Calendar
7 Number 226 is laid aside for the day.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Yes, the
10 Senate Democrat conference is now handing up some
11 committee assignments, please. They're on their
12 way.
13 Now, as that's being done, I would
14 like to call -- first of all --
15 ACTING PRESIDENT CROCI: Senator,
16 the committee assignments are received and are
17 filed with the Journal Clerk.
18 Senator DeFrancisco.
19 SENATOR DeFRANCISCO: And I'm
20 calling out to all those who aren't present at
21 the moment but are within my hearing. I'm
22 calling an immediate meeting of the Rules
23 Committee, which has many, many bills on it. And
24 there's many, many things going on after session.
25 So coming early would be very much appreciated.
3158
1 It's in Room 332.
2 ACTING PRESIDENT CROCI: There will
3 be an immediate meeting of the Rules Committee in
4 Room 332.
5 The Senate will stand at ease.
6 (Whereupon, the Senate stood at ease
7 at 4:52 p.m.)
8 (Whereupon, the Senate reconvened at
9 6:07 p.m.)
10 ACTING PRESIDENT CROCI: The Senate
11 will come to order.
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: Yes, can we
14 go back to the active list. And we had
15 inadvertently laid aside a Senator Larkin bill,
16 which was Calendar 801, Bill Number 5630. Can we
17 take that up noncontroversial, please.
18 ACTING PRESIDENT CROCI: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 801, by Senator Larkin, Senate Print 5630, an act
22 authorizing.
23 ACTING PRESIDENT CROCI: There is a
24 home-rule message at the desk.
25 Please read the last section.
3159
1 THE SECRETARY: Section 7. This
2 act shall take effect immediately.
3 ACTING PRESIDENT CROCI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT CROCI: The bill
8 is passed.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: We're waiting
11 for a -- do you have a supplemental calendar at
12 the desk?
13 ACTING PRESIDENT CROCI: We do.
14 SENATOR DeFRANCISCO: Do you think
15 you could share it with me?
16 (Laughter.)
17 ACTING PRESIDENT CROCI: Senator,
18 there is a Rules report at the desk.
19 SENATOR DeFRANCISCO: Oh, a Rules
20 report at the desk. Okay. I move to accept the
21 report of the Rules Committee.
22 ACTING PRESIDENT CROCI: The
23 Secretary will read.
24 THE SECRETARY: Senator Flanagan,
25 from the Committee on Rules, reports the
3160
1 following bills:
2 Senate Print 176, by Senator
3 Marchione, an act to amend the Penal Law;
4 Senate 219, by Senator Marchione, an
5 act to amend the Tax Law;
6 Senate 284, by Senator Murphy, an
7 act to amend the Vehicle and Traffic Law;
8 Senate 285, by Senator Robach, an
9 act to amend the Penal Law;
10 Senate 302, by Senator Murphy, an
11 act to amend the Agriculture and Markets Law;
12 Senate 303, by Senator Murphy, an
13 act to direct;
14 Senate 376, by Senator Ortt, an act
15 to amend the Education Law;
16 Senate 416, by Senator Croci, an act
17 to amend the Vehicle and Traffic Law;
18 Senate 420, by Senator Golden, an
19 act to amend the Criminal Procedure Law;
20 Senate 503, by Senator Díaz, an act
21 to amend the Elder Law;
22 Senate 513, by Senator Young, an act
23 to amend the Criminal Procedure Law;
24 Senate 554, by Senator Young, an act
25 to amend the Criminal Procedure Law;
3161
1 Senate 677, by Senator DeFrancisco,
2 an act to amend the Labor Law;
3 Senate 695, by Senator Ortt, an act
4 to amend the Canal Law;
5 Senate 716, by Senator Carlucci, an
6 act to amend the Penal Law;
7 Senate 744, by Senator Ritchie, an
8 act to amend the Correction Law;
9 Senate 759, by Senator Ritchie, an
10 act to amend the Penal Law;
11 Senate 783, by Senator Carlucci, an
12 act to amend the Public Health Law;
13 Senate 833, by Senator Young, an act
14 to establish;
15 Senate 869, by Senator Ritchie, an
16 act to amend the State Finance Law;
17 Senate 870, by Senator Young, an act
18 to amend the Civil Rights Law;
19 Senate 880, by Senator Ortt, an act
20 to amend the Penal Law;
21 Senate 915, by Senator Croci, an act
22 to amend the Education Law;
23 Senate 1027, by Senator Bonacic, an
24 act to amend the Vehicle and Traffic Law;
25 Senate 1032, by Senator Bonacic, an
3162
1 act to amend the Penal Law;
2 Senate 1036, by Senator Carlucci, an
3 act to amend the Tax Law;
4 Senate 1111, by Senator Felder, an
5 act establishing;
6 Senate 1173, by Senator Marcellino,
7 an act to amend the Vehicle and Traffic Law;
8 Senate 1178, by Senator Marcellino,
9 an act to amend the Penal Law;
10 Senate 1237, by Senator Valesky, an
11 act to amend the State Administrative Procedure
12 Act;
13 Senate 1248, by Senator Akshar, an
14 act to amend the Judiciary Law;
15 Senate 1257, by Senator Marcellino,
16 an act to amend the Vehicle and Traffic Law;
17 Senate 1259, by Senator Marcellino,
18 an act to amend the Penal Law;
19 Senate 1266, by Senator Avella, an
20 act to amend the Administrative Code of the City
21 of New York;
22 Senate 1292, by Senator Marcellino,
23 an act to amend the Penal Law;
24 Senate 1309, by Senator Marcellino,
25 an act to amend the Highway Law;
3163
1 Senate 1312, by Senator Marcellino,
2 an act to amend the Vehicle and Traffic Law;
3 Senate 1469, by Senator Ritchie, an
4 act to amend the Education Law;
5 Senate 1518A, by Senator Avella, an
6 act authorizing;
7 Senate 1558, by Senator Avella --
8 ACTING PRESIDENT CROCI: Hold on.
9 Hold on, please.
10 It's much easier for the Secretary
11 if we have a little order in the house. Thank
12 you.
13 Go ahead. The Secretary will
14 continue.
15 THE SECRETARY: Senate 1558, by
16 Senator Avella, Concurrent Resolution of the
17 Senate and Assembly;
18 Senate 1616A, by Senator Golden, an
19 act to amend the Public Authorities Law;
20 Senate 1662, by Senator Seward, an
21 act to amend the Criminal Procedure Law;
22 Senate 1696, by Senator Bonacic, an
23 act to amend the Vehicle and Traffic Law;
24 Senate 1703, by Senator Parker, an
25 act to amend the Vehicle and Traffic Law;
3164
1 Senate 1704, by Senator Parker, an
2 act to amend the Vehicle and Traffic Law;
3 Senate 1710, by Senator Marcellino,
4 an act to amend the Education Law;
5 Senate 1744, by Senator Golden, an
6 act to amend the Public Authorities Law;
7 Senate 1752, by Senator Ortt, an act
8 to amend the Public Authorities Law;
9 Senate 1832, by Senator Kennedy, an
10 act to amend the Highway Law;
11 Senate 1908, by Senator Ritchie, an
12 act to amend the Vehicle and Traffic Law;
13 Senate 1979, by Senator Comrie, an
14 act to amend the Penal Law;
15 Senate 1995A, by Senator O'Mara, an
16 act to amend the Vehicle and Traffic Law;
17 Senate 2050A, by Senator Bonacic, an
18 act to amend the Criminal Procedure Law;
19 Senate 2073, by Senator LaValle, an
20 act to amend the Education Law;
21 Senate 2101, by Senator Ritchie, an
22 act to amend the Vehicle and Traffic Law;
23 Senate 2164, by Senator Serino, an
24 act to amend the Public Authorities Law;
25 Senate 2232, by Senator LaValle, an
3165
1 act to amend the Education Law;
2 Senate 2389, by Senator Larkin, an
3 act to amend the Vehicle and Traffic Law;
4 Senate 2403, by Senator Marcellino,
5 an act to amend the Penal Law;
6 Senate 2418, by Senator Marcellino,
7 an act to amend the Civil Rights Law;
8 Senate 2444, by Senator Hamilton, an
9 act requiring;
10 Senate 2467, by Senator LaValle, an
11 act to amend the Education Law;
12 Senate 2505, by Senator Helming, an
13 act to amend the Vehicle and Traffic Law;
14 Senate 2507, by Senator Helming, an
15 act to amend the Vehicle and Traffic Law;
16 Senate 2512, by Senator Gallivan, an
17 act to amend the Criminal Procedure Law;
18 Senate 2547, by Senator LaValle, an
19 act to amend the Education Law;
20 Senate 2564C, by Senator Helming, an
21 act to amend the Vehicle and Traffic Law;
22 Senate 2566, by Senator Helming, an
23 act to amend the Penal Law;
24 Senate 2578, by Senator Helming, an
25 act to amend the Vehicle and Traffic Law;
3166
1 Senate 2598, by Senator Ranzenhofer,
2 an act to amend the Penal Law;
3 Senate 2625, by Senator LaValle, an
4 act to amend the Education Law;
5 Senate 2641, by Senator Ranzenhofer,
6 an act to amend the Education Law;
7 Senate 2669, by Senator Gianaris, an
8 act to amend the Vehicle and Traffic Law;
9 Senate 2779, by Senator Kennedy, an
10 act to amend the Highway Law;
11 Senate 2818, by Senator Lanza, an
12 act to amend Chapter 47 of the Laws of 1931;
13 Senate 2847, by Senator Parker, an
14 act to establish;
15 Senate 2900, by Senator Young, an
16 act to amend the Agriculture and Markets Law;
17 Senate 3012, by Senator Ritchie, an
18 act to amend the Penal Law;
19 Senate 3031, by Senator Helming, an
20 act to amend the Penal Law;
21 Senate 3042, by Senator Gianaris, an
22 act to amend the New York City Civil Court Act;
23 Senate 3129, by Senator DeFrancisco,
24 an act to amend the Civil Practice Law and Rules;
25 Senate 3137, by Senator Hannon, an
3167
1 act to require;
2 Senate 3242, by Senator Felder, an
3 act to amend the Education Law;
4 Senate 3248, by Senator Larkin, an
5 act to amend the Vehicle and Traffic Law;
6 Senate 3296A, by Senator
7 DeFrancisco, an act to amend the Vehicle and
8 Traffic Law;
9 Senate 3374, by Senator Sanders, an
10 act to amend the Agriculture and Markets Law;
11 Senate 3459A, by Senator Robach, an
12 act to amend the Social Services Law;
13 Senate 3460, by Senator Ortt, an act
14 to amend the Public Authorities Law;
15 Senate 3527, by Senator Breslin, an
16 act to amend the Highway Law;
17 Senate 3542, by Senator Lanza, an
18 act to amend the Vehicle and Traffic Law;
19 Senate 3576, by Senator Tedisco, an
20 act to amend the Retirement and Social Security
21 Law;
22 Senate 3845, by Senator Marchione,
23 an act to amend the Penal Law;
24 Senate 3887, by Senator Ranzenhofer,
25 an act to amend the Criminal Procedure Law;
3168
1 Senate 3924, by Senator Ritchie, an
2 act to amend the Vehicle and Traffic Law;
3 Senate 3927, by Senator Murphy, an
4 act to validate;
5 Senate 3949, by Senator Young, an
6 act to amend the Education Law;
7 Senate 3964, by Senator Seward, an
8 act to amend the Workers' Compensation Law;
9 Senate 3991, by Senator Murphy, an
10 act to amend the Retirement and Social Security
11 Law;
12 Senate 3996, by Senator Funke, an
13 act to amend the Education Law;
14 Senate 4000, by Senator Krueger, an
15 act to amend the Public Health Law;
16 Senate 4064, by Senator Lanza, an
17 act to amend the Highway Law;
18 Senate 4077, by Senator Ritchie, an
19 act to amend the Retirement and Social Security
20 Law;
21 Senate 4138, by Senator LaValle, an
22 act to amend the Education Law;
23 Senate 4175, by Senator Golden, an
24 act to amend the Highway Law;
25 Senate 4252A, by Senator Gallivan,
3169
1 an act to authorize;
2 Senate 4307, by Senator Akshar, an
3 act to amend the Vehicle and Traffic Law;
4 Senate 4317, by Senator Savino, an
5 act to amend the Tax Law;
6 Senate 4318, by Senator Savino, an
7 act to amend the Tax Law;
8 Senate 4329, by Senator Gallivan, an
9 act to amend the General Municipal Law;
10 Senate 4418A, by Senator
11 Stewart-Cousins, an act to amend Chapter 329 of
12 the Laws of 2015;
13 Senate 4421, by Senator DeFrancisco,
14 an act to amend the Penal Law;
15 Senate 4454, by Senator Seward, an
16 act to amend the Vehicle and Traffic Law;
17 Senate 4547, by Senator Seward, an
18 act to amend the Vehicle and Traffic Law;
19 Senate 4559, by Senator LaValle, an
20 act to amend the Education Law;
21 Senate 4590, by Senator Jacobs, an
22 act to amend the State Administrative Procedure
23 Act;
24 Senate 4659, by Senator Marchione,
25 an act to amend the Vehicle and Traffic Law;
3170
1 Senate 4866, by Senator Bonacic, an
2 act to amend the Estates, Powers and Trusts Law;
3 Senate 4994, by Senator Larkin, an
4 act to amend the Penal Law;
5 Senate 5129, by Senator Ritchie, an
6 act to amend the Vehicle and Traffic Law;
7 Senate 5159, by Senator Ranzenhofer,
8 an act to amend the Public Authorities Law;
9 Senate 5213, by Senator Stavisky, an
10 act to amend the Criminal Procedure Law;
11 Senate 5220, by Senator Stavisky, an
12 act to amend the Criminal Procedure Law;
13 Senate 5312, by Senator Bonacic, an
14 act to authorize;
15 Senate 5431A, by Senator Larkin, an
16 act to amend the Vehicle and Traffic Law;
17 Senate 5434, by Senator Seward, an
18 act to amend the Vehicle and Traffic Law;
19 Senate 5451, by Senator Lanza, an
20 act to amend Chapter 154 of the Laws of 1921;
21 Senate 5505, by Senator LaValle, an
22 act to provide;
23 Senate 5537, by Senator Carlucci, an
24 act to amend the Education Law;
25 Senate 5539, by Senator Carlucci, an
3171
1 act to amend the Social Services Law;
2 Senate 5662A, by Senator Valesky, an
3 act to amend the Public Health Law;
4 Senate 5689, by Senator Helming, an
5 act to amend the Penal Law;
6 Senate 5728A, by the Committee on
7 Rules, an act to amend the Tax Law;
8 Senate 5770, by Senator Hamilton, an
9 act to direct;
10 Senate 5791, by Senator Jacobs, an
11 act to amend the State Administrative Procedure
12 Act;
13 Senate 5938A, by Senator Ortt, an
14 act to amend the Tax Law;
15 Senate 5970, by Senator Klein, an
16 act to amend the Insurance Law;
17 Senate 6020A, by Senator Seward, an
18 act to amend the Highway Law;
19 Senate 6072, by Senator LaValle, an
20 act to amend the Vehicle and Traffic Law;
21 Senate 6204, by Senator Lanza, an
22 act to amend the Vehicle and Traffic Law;
23 Senate 6233, by Senator Lanza, an
24 act to amend the Vehicle and Traffic Law;
25 Senate 6303, by Senator Lanza, an
3172
1 act to amend the Public Authorities Law;
2 Senate 6323, by Senator Hamilton, an
3 act to amend the Arts and Cultural Affairs Law;
4 Senate 6393, by Senator Ritchie, an
5 act to amend the Vehicle and Traffic Law;
6 Senate 6549, by Senator Flanagan, an
7 act to amend the Highway Law;
8 Senate 6565, by Senator Marchione,
9 an act to amend the Agriculture and Markets Law;
10 Senate 6567, by Senator Flanagan, an
11 act to amend the Education Law;
12 Senate 6568, by Senator Flanagan, an
13 act to amend the Education Law;
14 And Senate 6569, by Senator
15 Flanagan, an act to amend the Education Law.
16 All bills reported direct to third
17 reading.
18 SENATOR DeFRANCISCO: Move to
19 accept the Rules Committee report.
20 ACTING PRESIDENT CROCI: The
21 question is on whether to accept the Rules
22 Committee report. All those in favor please
23 signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT CROCI: Opposed,
3173
1 nay.
2 (No response.)
3 ACTING PRESIDENT CROCI: The report
4 is accepted.
5 SENATOR DeFRANCISCO: I'm going to
6 next call for the noncontroversial reading of 11
7 bills on Supplemental Calendar 49A.
8 The first bill we're calling up is
9 Calendar 1369, by Senator Díaz.
10 ACTING PRESIDENT CROCI: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 1369, by Senator Díaz, Senate Print 503, an act
14 to amend the Elder Law.
15 ACTING PRESIDENT CROCI: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT CROCI: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT CROCI: The bill
24 is passed.
25 SENATOR DeFRANCISCO: Next bill,
3174
1 Calendar 1375, by Senator Ritchie.
2 ACTING PRESIDENT CROCI: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 1375, by Senator Ritchie, Senate Print 744, an
6 act to amend the Correction Law.
7 ACTING PRESIDENT CROCI: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 120th day.
11 ACTING PRESIDENT CROCI: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT CROCI: Announce
15 the result.
16 THE SECRETARY: In relation to
17 Calendar 1375, those recorded in the negative are
18 Senators Alcantara, Avella, Bailey, Benjamin,
19 Comrie, Dilan, Hoylman, Krueger, Montgomery,
20 Peralta, Rivera, Sanders, Serrano, Squadron and
21 Stavisky. Also Senator Gianaris.
22 Ayes, 46. Nays, 16.
23 ACTING PRESIDENT CROCI: The bill
24 is passed.
25 SENATOR DeFRANCISCO: Next, please,
3175
1 Calendar 1379, by Senator Ritchie.
2 ACTING PRESIDENT CROCI: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 1379, by Senator Ritchie, Senate Print 869, an
6 act to amend the State Finance Law.
7 ACTING PRESIDENT CROCI: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT CROCI: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT CROCI: The bill
16 is passed.
17 SENATOR DeFRANCISCO: Please call
18 up Calendar 1405, by Senator Marcellino.
19 ACTING PRESIDENT CROCI: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 1405, by Senator Marcellino, Senate Print 1710,
23 an act to amend the Education Law.
24 ACTING PRESIDENT CROCI: Read the
25 last section.
3176
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT CROCI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT CROCI: The bill
8 is passed.
9 SENATOR DeFRANCISCO: Next,
10 Calendar 1408, by Senator Kennedy.
11 ACTING PRESIDENT CROCI: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1408, by Senator Kennedy, Senate Print 1832, an
15 act to amend the Highway Law.
16 ACTING PRESIDENT CROCI: There is a
17 home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT CROCI: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT CROCI: Announce
25 the result.
3177
1 THE SECRETARY: In relation to
2 Calendar 1408, those recorded in the negative are
3 Senators Funke, Helming and Marchione.
4 Ayes, 59. Nays, 3.
5 ACTING PRESIDENT CROCI: The bill
6 is passed.
7 SENATOR DeFRANCISCO: Next,
8 Calendar 1409.
9 ACTING PRESIDENT CROCI: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 1409, by Senator Ritchie, Senate Print 1908, an
13 act to amend the Vehicle and Traffic Law.
14 ACTING PRESIDENT CROCI: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of January.
18 ACTING PRESIDENT CROCI: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT CROCI: Senator
22 Squadron to explain his vote.
23 SENATOR SQUADRON: Thank you,
24 Mr. President.
25 I have spoken to the sponsor about,
3178
1 among other things, this bill seems to call on
2 counties to retain a fee that they don't collect,
3 which is problematic. I know that there are some
4 concerns about the financing counties are
5 getting; that may make sense. But it is
6 impossible to retain a fee that has never been
7 collected, and I think the way this deals with
8 the web deals with that.
9 I appreciate the sponsor has said
10 that she will address that issue. I have to be a
11 no today, unfortunately, because rather than
12 holding the bill, we're voting on it. Hopefully
13 it will be recalled and I'll get a chance to vote
14 yes in the future.
15 Thank you, Mr. President.
16 ACTING PRESIDENT CROCI: Senator
17 Squadron to be recorded in the negative.
18 Announce the result.
19 THE SECRETARY: In relation to
20 Calendar 1409, those recorded in the negative are
21 Senators Dilan, Hoylman and Krueger. {Vote
22 retroactively corrected.}
23 Ayes, 59. Nays, 3.
24 ACTING PRESIDENT CROCI: The bill
25 is passed.
3179
1 SENATOR DeFRANCISCO: Next on the
2 Ritchie calendar, 1414.
3 (Laughter.)
4 ACTING PRESIDENT CROCI: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 1414, by Senator Ritchie, Senate Print 2101, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT CROCI: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect April 1, 2018.
13 ACTING PRESIDENT CROCI: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT CROCI: Senator
17 Squadron to explain his vote.
18 SENATOR SQUADRON: To explain my
19 vote.
20 You see 150 bills through the Rules
21 Committee, sometimes the deliberative process can
22 get messed up, and I thank the sponsor for the
23 correction.
24 Everything said on the last bill was
25 incorrect on the last bill -- I'm going to ask
3180
1 unanimous consent to flip my vote in support of
2 that bill -- but it is true simply about this
3 one. I was ahead of myself, as I so often am.
4 I do get the joy of voting yes on
5 the previous bill that I was so eagerly
6 anticipating. However, I have the misfortune of
7 voting no on this bill, since I believe this is
8 the one that the sponsor and I discussed.
9 Forgive me. I'm a no.
10 ACTING PRESIDENT CROCI: Senator
11 Squadron to be recorded this time in the
12 negative.
13 Announce the result.
14 THE SECRETARY: In relation to
15 Calendar 1414, those recorded in the negative are
16 Senators Hoylman, Krueger and Squadron.
17 Ayes, 59. Nays, 3.
18 ACTING PRESIDENT CROCI: The bill
19 is passed.
20 SENATOR DeFRANCISCO: Next,
21 Calendar 1431.
22 ACTING PRESIDENT CROCI: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 1431, by Senator Ranzenhofer, Senate Print 2641,
3181
1 an act to amend the Education Law.
2 ACTING PRESIDENT CROCI: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of July.
6 ACTING PRESIDENT CROCI: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT CROCI: Announce
10 the result.
11 THE SECRETARY: In relation to
12 Calendar 1431, those recorded in the negative are
13 Senators Avella, Bailey, Benjamin, Brooks,
14 Carlucci, Comrie, Dilan, Hamilton, Hoylman,
15 Kaminsky, Krueger, Latimer, Montgomery, Persaud,
16 Rivera, Sanders and Squadron.
17 Ayes, 45. Nays, 17.
18 ACTING PRESIDENT CROCI: The bill
19 is passed.
20 SENATOR DeFRANCISCO: Next,
21 Calendar 1466.
22 ACTING PRESIDENT CROCI: The
23 Secretary will read.
24 (Pause.) Calendar 1466 or 1446,
25 Senator DeFrancisco?
3182
1 SENATOR DeFRANCISCO: 1466.
2 ACTING PRESIDENT CROCI: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 1466, by Senator Akshar, Senate Print 4307, an
6 act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT CROCI: Read the
8 last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect on the first of November.
11 ACTING PRESIDENT CROCI: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT CROCI: The bill
16 is passed.
17 SENATOR DeFRANCISCO: Next,
18 Calendar 1490.
19 ACTING PRESIDENT CROCI: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 1490, by Senator Valesky, Senate Print 5662A, an
23 act to amend the Public Health Law.
24 ACTING PRESIDENT CROCI: Read the
25 last section.
3183
1 THE SECRETARY: Section 2. This
2 act shall take effect January 1, 2018.
3 ACTING PRESIDENT CROCI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT CROCI: The bill
8 is passed.
9 SENATOR DeFRANCISCO: And the last
10 bill on this calendar, Calendar 1494.
11 ACTING PRESIDENT CROCI: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1494, by Senator Jacobs, Senate Print 5791, an
15 act to amend the State Administrative Procedure
16 Act.
17 ACTING PRESIDENT CROCI: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of January.
21 ACTING PRESIDENT CROCI: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61. Nays, 1.
25 Senator Krueger recorded in the negative.
3184
1 ACTING PRESIDENT CROCI: The bill
2 is passed.
3 Senator DeFrancisco, that completes
4 the reading of the 11 bills from the Rules
5 calendar.
6 SENATOR DeFRANCISCO: First, if we
7 could go back to motions and resolutions.
8 ACTING PRESIDENT CROCI: Motions
9 and resolutions.
10 SENATOR DeFRANCISCO: Please
11 recognize Senator Valesky.
12 ACTING PRESIDENT CROCI: Senator
13 Valesky.
14 SENATOR VALESKY: Thank you,
15 Mr. President.
16 On behalf of Senator Alcantara, on
17 page 72 I offer the following amendments to
18 Calendar 808, Senate Bill 5881A, and ask that
19 said bill retain its place on the Third Reading
20 Calendar.
21 ACTING PRESIDENT CROCI: The
22 amendments are received, and the bill shall
23 retain its place on the Third Reading Calendar.
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: One moment,
3185
1 please.
2 Excuse me.
3 ACTING PRESIDENT CROCI: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO: I'm sorry,
6 that wasn't the last bill. There's another bill,
7 1446.
8 ACTING PRESIDENT CROCI: Calendar
9 1446, the Secretary will read.
10 THE SECRETARY: Calendar Number
11 1446, by Senator Sanders, Senate Print 3374, an
12 act to amend the Agriculture and Markets Law.
13 ACTING PRESIDENT CROCI: Read the
14 last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect immediately.
17 ACTING PRESIDENT CROCI: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT CROCI: The bill
22 is passed.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: Is there any
25 further business at the desk?
3186
1 ACTING PRESIDENT CROCI: Senator,
2 there is no further business before the desk.
3 SENATOR DeFRANCISCO: Before we
4 conclude, I'd like to lay aside all the other
5 bills on the first active list.
6 ACTING PRESIDENT CROCI: The
7 remaining bills on the active list will be laid
8 aside.
9 SENATOR DeFRANCISCO: I'd like to
10 now stand at ease for a moment.
11 ACTING PRESIDENT CROCI: The Senate
12 will stand at ease.
13 SENATOR DeFRANCISCO: For a moment.
14 (Whereupon, the Senate stood at ease
15 at 6:32 p.m.)
16 (Whereupon, the Senate reconvened at
17 6:34 p.m.)
18 ACTING PRESIDENT CROCI: The Senate
19 will come to order.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: Can't you
22 tell I'm still at ease?
23 ACTING PRESIDENT CROCI: Oh. No,
24 sir.
25 (Laughter.)
3187
1 SENATOR DeFRANCISCO: I move to
2 adjourn until Tuesday, June 6th, at 3:00 p.m.
3 ACTING PRESIDENT CROCI: On motion,
4 the Senate stands adjourned until Tuesday,
5 June 6th, at 3:00 p.m.
6 (Whereupon, at 6:35 p.m., the Senate
7 adjourned.)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25