3764
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 13, 2017
11 12:37 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I ask everyone present to
11 please bow your heads in a moment of silent
12 prayer and reflection.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT GRIFFO: The
16 reading of the Journal.
17 THE SECRETARY: In Senate, Monday,
18 June 12th, the Senate met pursuant to
19 adjournment. The Journal of Sunday, June 11th,
20 was read and approved. On motion, Senate
21 adjourned.
22 ACTING PRESIDENT GRIFFO: Without
23 objection, the Journal will stand approved as
24 read.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 The Secretary will read.
3 THE SECRETARY: On page 87,
4 Senator Gallivan moves to discharge, from the
5 Committee on Rules, Assembly Bill Number 6353B
6 and substitute it for the identical Senate Bill
7 5494A, Third Reading Calendar 1560.
8 ACTING PRESIDENT GRIFFO: The
9 substitution is so ordered.
10 Messages from the Governor.
11 Reports of standing committees.
12 Reports of select committees.
13 Communications and reports of state
14 officers.
15 Motions and resolutions.
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: I'd like to
18 call up Senate Print 875A, by Senator Ortt,
19 recalled from the Assembly, which is now at the
20 desk.
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 117, by Senator Ortt, Senate Print 875A, an act
25 to amend the County Law.
3767
1 SENATOR DeFRANCISCO: I now move
2 to reconsider the vote by which the bill was
3 passed.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll on reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 35.
8 SENATOR DeFRANCISCO: I'd next
9 like to call up Senate Print 6096, by Senator
10 Young, recalled from the Assembly, which is now
11 at the desk.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 Senator DeFrancisco, were there
15 amendments on that previous bill too?
16 SENATOR DeFRANCISCO: There was.
17 And I would --
18 ACTING PRESIDENT GRIFFO: So would
19 you offer the amendments?
20 SENATOR DeFRANCISCO: I'd like to
21 offer them.
22 ACTING PRESIDENT GRIFFO: The
23 amendments are received.
24 The Secretary will continue.
25 THE SECRETARY: Calendar Number
3768
1 982, by Senator Young, Senate Print 6096, an act
2 to direct.
3 SENATOR DeFRANCISCO: I now move to
4 reconsider the vote by which the bill was passed.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will call the roll on reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 35.
9 SENATOR DeFRANCISCO: I now offer
10 the following amendments.
11 ACTING PRESIDENT GRIFFO: The
12 amendments are received.
13 SENATOR DeFRANCISCO: On page 59, I
14 offer the following amendments to Calendar 1176,
15 Senate Print 5273, by Senator Gallivan, and ask
16 that said bill retain its place on the Third
17 Reading Calendar.
18 ACTING PRESIDENT GRIFFO: The
19 amendments are received, and the bill shall
20 retain its place on third reading.
21 SENATOR DeFRANCISCO: On page 72, I
22 offer the following amendments to Calendar 1380,
23 Senate Print 870, by Senator Young, and ask that
24 said bill retain its place on the Third Reading
25 Calendar.
3769
1 ACTING PRESIDENT GRIFFO: The
2 amendments are received. The bill shall retain
3 its place on third reading.
4 SENATOR DeFRANCISCO: On page 10, I
5 offer the following amendments to Calendar 270,
6 Senate Print 3552, and ask that said bill retain
7 its place on the Third Reading Calendar. It's a
8 bill by Senator Golden.
9 ACTING PRESIDENT GRIFFO: The
10 amendments are received, and the bill shall
11 retain its place on third reading.
12 SENATOR DeFRANCISCO: On page 88, I
13 offer the following amendments to Calendar 1574,
14 Senate Print 6470A, by Senator Marcellino, and
15 ask that said bill retain its place on the Third
16 Reading Calendar.
17 ACTING PRESIDENT GRIFFO: The
18 amendments are received, and the bill shall
19 retain its place on third reading.
20 SENATOR DeFRANCISCO: Can we now
21 take up previously adopted Resolution 626, by
22 Senator Kennedy, read the title only, and call on
23 Senator Kennedy.
24 ACTING PRESIDENT GRIFFO: The
25 Secretary will read.
3770
1 THE SECRETARY: Legislative
2 Resolution Number 626, by Senator Kennedy,
3 commending Donna Fernandes upon the occasion of
4 her retirement after 17 years of distinguished
5 service as President and Chief Executive Officer
6 of the Buffalo Zoo in Buffalo, New York.
7 ACTING PRESIDENT GRIFFO: Senator
8 Kennedy.
9 SENATOR KENNEDY: Thank you,
10 Mr. President.
11 I rise today to honor Donna
12 Fernandes, the outgoing president of the Buffalo
13 Zoo, who has joined us here today in the Senate
14 chamber.
15 After 17 years of selfless service
16 to the zoo, Donna leaves behind a transformed
17 organization, one that's central to the culture
18 and character of Buffalo.
19 Donna is not a Buffalo native; she
20 came to us from Massachusetts. But she quickly
21 became part of our city, and she sold us on a new
22 vision for the third-oldest zoo in the nation.
23 When Donna came here, the zoo was reflective of
24 our city: Downtrodden, outdated and struggling.
25 It had lost its accreditation from the
3771
1 Association of Zoos and Aquariums and was
2 struggling to attract visitors, with only
3 345,000 visitors a year. Simply put, the zoo was
4 in rough shape.
5 In 2000, when she joined the zoo,
6 Donna Fernandes set about reversing that downward
7 trend. She looked around and realized that the
8 Buffalo-Niagara region, whose history and
9 geography is shaped by water, deserved a zoo with
10 a focus on that exact theme.
11 Under her leadership, they have
12 regained their accreditation with the Association
13 of Zoos and Aquariums, and they've fundraised
14 millions of dollars to pay for renovations,
15 including new attractions such as the Otter
16 Creek, the Sea Lion Cove, the M&T Bank Rainforest
17 Falls, the Vanishing Animals, the Ecostation, the
18 Delta Sonic Heritage Farm, and Arctic Edge
19 Annual.
20 Now the zoo attracts over half a
21 million visitors a year who flock to see these
22 new attractions and the many animals that have
23 successfully been birthed under the zoo's captive
24 breeding program. From polar bears to Indian
25 rhinos to gorillas and lions, the Buffalo Zoo
3772
1 continues to be a leading institution in helping
2 to preserve and protect these amazing endangered
3 species.
4 The success the zoo experiences
5 today is a testament to the work ethic and vision
6 that Donna Fernandes brought to the job. She
7 leaves behind a strong and stable institution,
8 and she has more than earned her retirement with
9 her husband Robert.
10 So Donna, today we thank you so much
11 for everything that you have done for our zoo,
12 for Western New York, for our community across
13 this great State of New York. And we give you
14 the greatest, greatest respect and admiration for
15 everything that you have done and accomplished,
16 and we wish you the greatest achievement in your
17 retirement in the next phase of your life.
18 And I have got to tell you, as the
19 father of three young children that were brought
20 up under the jurisdiction with you in charge of
21 the zoo, I know for a fact that the zoo has never
22 looked better. And there is no place on earth my
23 children love to go more than the wonderful
24 Buffalo Zoo, because of you.
25 So thank you once again. Welcome to
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1 the Senate chamber, and congratulations.
2 Thank you, Mr. President.
3 ACTING PRESIDENT GRIFFO: Senator
4 Jacobs.
5 SENATOR JACOBS: Thank you,
6 Mr. President.
7 I am honored to be here on this
8 happy and sad occasion that we're recognizing
9 Donna Fernandes, but also her retirement from the
10 Buffalo Zoo.
11 I'm honored to have the Buffalo Zoo
12 in my district, one of the oldest zoos in the
13 nation. I also have a perspective, as I was a
14 board member of the Buffalo Zoo when Donna came
15 onto the board. I was on the board for a period
16 of time just before, and it was a very difficult
17 time, as Senator Kennedy mentioned, kind of
18 emblematic of Buffalo at that time. The zoo was
19 on a bit of decline and trying to develop a
20 vision for the future.
21 And I commend the leadership of the
22 zoo board at that point in time in not going to
23 an internal candidate but, through the support of
24 the likes of Bob Wilmers and M&T Bank, supporting
25 a national search to go for the best. And we did
3774
1 attain the best in Donna Fernandes.
2 And over the last number of decades,
3 she has transformed the zoo. Many thought, when
4 she came in, the zoo was struggling because it
5 was a smaller zoo and it needed to be huge like
6 many others. She said no, that is an asset, that
7 is an asset for younger families because it is a
8 walkable zoo the young families can enjoy. Let's
9 build upon that.
10 And what we see today is a
11 dramatically transformed institution that, as was
12 mentioned, had only about 300,000 visitors when
13 she came. It's now over half a million visitors
14 and on the upswing.
15 So Donna, on behalf of all the
16 citizens of Western New York, thank you for your
17 service. We know you are going into retirement,
18 and retirement for you will probably mean working
19 more than most people and continuing your passion
20 in zoology and helping other zoos do what you
21 have achieved in Buffalo.
22 Thank you for being here, and thank
23 you for all that you've done for our region.
24 ACTING PRESIDENT GRIFFO: Senator
25 Gallivan.
3775
1 SENATOR GALLIVAN: Thank you,
2 Mr. President.
3 I too rise to congratulate Donna
4 Fernandes on her retirement and thank her in much
5 simpler words for saving our zoo. We know the
6 direction that it was going in before you came.
7 My colleagues have let everybody in the Senate
8 know of your accomplishments and the role that
9 you played in transforming the zoo.
10 What I didn't know at the time --
11 thank you, Senator Jacobs, for being on the board
12 and bringing Donna to Buffalo.
13 But Donna, you did great things for
14 the zoo, and you were more involved even beyond
15 the borders of the zoo and Delaware Park, and
16 involved in the betterment of Western New York.
17 And I thank you for that and wish you the best in
18 retirement.
19 ACTING PRESIDENT GRIFFO: As
20 indicated, the resolution was adopted on
21 February 14th of 2017.
22 Donna, we thank you for your
23 leadership and your hard work at the Buffalo Zoo.
24 We extend our congratulations on your retirement,
25 welcome you to the Senate today, also extend to
3776
1 you the courtesies of the house and wish you the
2 best of luck in the next chapter of your life.
3 Let's stand and recognize Donna.
4 (Standing ovation.)
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Can we now
8 take up a privileged resolution by Senator
9 Flanagan, read it in its entirety, and call on
10 Senator Flanagan to speak.
11 ACTING PRESIDENT GRIFFO: The
12 Secretary will read.
13 Can I have some order in the house,
14 please.
15 The Secretary will continue.
16 THE SECRETARY: Legislative
17 Resolution by Senator Flanagan, honoring
18 Raymond Hess upon the occasion of his retirement
19 after 25 years of distinguished service to the
20 New York State Senate.
21 "WHEREAS, It is the custom of this
22 Legislative Body to recognize and honor those
23 distinguished citizens of this great Empire State
24 who have devoted themselves to faithfully serving
25 the best interests of their community and the
3777
1 needs of its residents; and
2 "WHEREAS, Attendant to such concern,
3 and in full accord with its long-standing
4 traditions, this Legislative Body is justly proud
5 to honor Raymond Hess upon the occasion of his
6 retirement after 25 years of distinguished
7 service to the New York State Senate; he
8 officially retired from the position of
9 Maintenance Worker on Tuesday, June 6, 2017; and
10 "WHEREAS, Raymond Hess,
11 affectionately known as Ray, began his
12 illustrious career with the New York State Senate
13 in November of 1992 as a Maintenance Man; and
14 "WHEREAS, In this capacity, Ray Hess
15 served with loyalty, honor and distinction,
16 earning the admiration, esteem and affection of
17 his colleagues; in January of 1993, his official
18 title changed to Maintenance Worker; and
19 "WHEREAS, Throughout his career, Ray
20 Hess served the New York State Senate with
21 intelligence and caring dedication, continuously
22 striving to effectively fulfill the duties of his
23 position; and
24 "WHEREAS, Sincerely loved and
25 greatly respected by all those with whom he
3778
1 worked, Ray Hess will be remembered for his
2 honesty, integrity, and keen sense of duty; and
3 "WHEREAS, Rare indeed is the
4 occurrence of such a compassionate blending of
5 strength, leadership and commitment as that
6 demonstrated by Ray Hess over a lifetime of
7 sacrifice and dedication to others; and
8 "WHEREAS, It is the sense of this
9 Legislative Body that those who enhance the
10 quality of life in their community, and have
11 shown a long and sustained commitment to the
12 maintenance of high standards in their
13 profession, certainly have earned the recognition
14 and applause of all the citizens of this great
15 Empire State; now, therefore, be it
16 "RESOLVED, That this Legislative
17 Body pause in its deliberations to honor Raymond
18 Hess upon the occasion of his retirement after
19 25 years of distinguished service to the New York
20 State Senate; and be it further
21 "RESOLVED, That a copy of this
22 resolution, suitably engrossed, be transmitted to
23 Raymond Hess."
24 ACTING PRESIDENT GRIFFO: Senator
25 Flanagan.
3779
1 SENATOR FLANAGAN: Thank you,
2 Mr. President.
3 As I'm listening to the description
4 and the content of this resolution, I'm reminded
5 of a number of different things. So Senator
6 DeFrancisco and I were just chatting. I hope in
7 some way that Ray is listening. And if he's not,
8 we're certainly going to get him a copy of this
9 so that he can hear not only what's in this
10 resolution but what people have to say.
11 And I don't think Ray would be the
12 least bit offended by me saying this, but Ray is
13 one of the little people.
14 (Laughter.)
15 SENATOR FLANAGAN: Not a big guy in
16 stature, but a gigantic heart. And I'm just
17 going to personally describe my own interactions
18 with him. A gentleman of the highest order,
19 sweet, affectionate, thoughtful, always
20 deferential -- probably far more respectful than
21 many of us deserved along the way.
22 But I do recall one thing in
23 particular. Not too long ago, my mother was here
24 visiting in Albany. After she met Ray -- of
25 course who was beyond gracious to her --
3780
1 periodically I would be talking to my mother, and
2 she would say, "How's Ray?" "How's Ray?"
3 So I don't think -- I know that I am
4 not alone in any way, shape or form. Ray Hess
5 has treated me with just unbelievable affection
6 and respect.
7 And let's be clear; everyone knows
8 Ray is in a tough spot. So our prayers and
9 thoughts and all good wishes go to him. And when
10 I mention him as one of the little people, it's
11 sort of a double entendre. Because when we work
12 in government, everyone knows that we're elected
13 officials. Everyone knows that we have a job
14 title that says New York State Senator. But
15 everyone also knows, if they really do pay
16 attention, this place operates because of many,
17 many, many, many good people. From the simple
18 things.
19 I can remember coming in early in
20 the morning -- and everyone knows this -- Ray
21 would be coming in with a big cart. And this is
22 like 7 o'clock in the morning. So I'm thinking
23 like, 7 o'clock in the morning he's coming in, he
24 had already been to the grocery store basically
25 buying the day's rations to keep all of us, well,
3781
1 hopefully in a better mood. And I think he was
2 very successful at that.
3 But I don't want to belabor the
4 point. The simplicity would be: Ray -- and I'm
5 just speaking personally -- I adore you, I wish
6 you only the best, and I am eternally grateful
7 for the fact that you have spent time working
8 here, not just in the State of New York, but more
9 notably in the New York State Senate. Good guy.
10 Really, really good guy.
11 Mr. President, thank you.
12 ACTING PRESIDENT GRIFFO: Thank
13 you, Senator Flanagan.
14 Senator Stewart-Cousins.
15 SENATOR STEWART-COUSINS: Yes,
16 thank you. Thank you, Mr. President.
17 And I really want to join Senator
18 Flanagan and I'm sure all of us here in sending
19 our highest regards and best wishes and prayers
20 to Ray Hess. That's the only person I ever knew
21 in that lounge area, and I think many of us are
22 in that same situation until very, very recently.
23 And many of us got here in many
24 different ways; some just simply walked in, some
25 were really, really big battles. And everybody,
3782
1 I think, no matter from where or how, when you
2 walk into this chamber for the first time, it is
3 and can be quite intimidating and just a scary
4 place.
5 And then you go to the lounge. And
6 how you're greeted, how you're treated, how
7 you're respected makes all the difference,
8 because that was a haven. And with Ray's
9 attention to detail -- I mean, we knew sort of
10 what was on the menu. But if there were little
11 things that could make it a little bit more
12 appetizing or just a little bit more customized
13 to your tastes, if he knew exactly what you
14 wanted, you could depend on Ray to say, "Here, I
15 got a little of this for you," "I got a little of
16 that for you."
17 Twenty-five years is a long time,
18 but for us at this point I think it's come a
19 little too fast. But I believe that how you've
20 served and who you've served and the quality of
21 what you've done is really the legacy that you
22 will leave. And in his capacity, he played a
23 huge role that made an incredibly positive
24 difference to every single member that had an
25 opportunity to walk into the land where Ray was
3783
1 king and be treated like royalty.
2 God bless you, Ray.
3 ACTING PRESIDENT GRIFFO: Thank
4 you, Senator Stewart-Cousins.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Yes, I hope
7 Ray is listening, because I want to defend him
8 against the little people comment.
9 (Laughter.)
10 SENATOR DeFRANCISCO: Because I can
11 say unequivocally and literally that Ray and I
12 saw eye to eye.
13 (Laughter.)
14 SENATOR DeFRANCISCO: And, you
15 know, I've been here 25 years. I didn't realize
16 Ray was with the Senate 25 years, so our term of
17 duty is the same at this point.
18 And there have been others in that
19 lounge before Ray, but when Ray came, it was just
20 like this smile. It was tough to get into an
21 argument with anybody in the lounge -- where we
22 get into many arguments out here -- because he's
23 always so gracious, always so much fun.
24 Sometimes the butt of jokes -- some people gave
25 him a harder time than others, Senator Robach.
3784
1 (Laughter.)
2 SENATOR DeFRANCISCO: But everybody
3 loved and still loves Ray -- maybe that's where
4 the show came from, "Everybody Loves Raymond" --
5 because that's the type of person he was.
6 And on a very serious note, Senator
7 Flanagan mentioned that he's having a hard time.
8 He's having a real hard time. And I would hope
9 that everyone would say some prayers for him;
10 they do work. And they should work for somebody
11 like Ray. And we want to see him back on his
12 feet and around and about again.
13 Ray, we all love you.
14 ACTING PRESIDENT GRIFFO: Senator
15 Parker.
16 SENATOR PARKER: Thank you,
17 Mr. President.
18 Let me first associate myself with
19 the words of the leaders who have spoken before
20 me.
21 We are almost at that point in the
22 program where everything has been said, but
23 everybody hasn't said it. But I could not let
24 this moment go by without acknowledging the
25 retirement of somebody who in my time here has
3785
1 become a real friend, somebody that outside of
2 just the work relationship, somebody who --
3 sometimes I'm in the lounge by myself -- just
4 would come over and be like, "Are you okay?" You
5 know, and it's actually that kind of attention
6 and love and literally affection that he would
7 give that made him -- makes him such a special
8 man.
9 You know, we spend -- those of who
10 work in this chamber spend so much of our time
11 helping others, oftentimes we go without people
12 even asking us are we okay. You know, how is
13 your day going? Like, how are you? He would
14 always ask, like, "How are you doing?" Like, you
15 know, forget all this stuff, are you okay? Is
16 there something I can do for you?
17 And as all my colleagues before me
18 have indicated, that it really made the lounge a
19 respite. And we wish him well on his retirement,
20 but he's going to be sorely missed here.
21 I just want to share one personal
22 thing. My big joke, like everybody else, is
23 always being dissatisfied with what they have,
24 you know, what's in the lounge. Like, you know,
25 Do you have this or do you have that? And I used
3786
1 to joke with him about getting an omelette
2 station.
3 And then one time we started talking
4 about getting a Ted's Fish Fry. He was really
5 fond of Ted's Fish Fry, as am I. And so we would
6 talk about that and say that we were going to go
7 to the leader and try to petition him to get to a
8 Ted's Fish Fry in the lounge.
9 And so I remember those moments
10 fondly. I'm going to continue to think about
11 those moments but also pray for my friend Raymond
12 Hess and wish him well on his journey.
13 As I close, Mr. President, let me
14 just leave him and all of us with this passage
15 from Hebrews 6:10 in the First Testament of the
16 Bible: "God is not unjust; he will not forget
17 your work and the love you have shown him as you
18 have helped his people and continue to help
19 them."
20 God bless you, Ray.
21 ACTING PRESIDENT GRIFFO: Senator
22 Sanders.
23 SENATOR SANDERS: It is usually a
24 bold man who comes after Senator Parker, but I
25 will take this moment.
3787
1 Ray epitomizes servant leadership,
2 where to lead leaders is like herding cats. But
3 Ray was a giant in his station.
4 He was often gruff, with love. If
5 he was gruff to you, you'd know that you were
6 doing something that was not in the interests of
7 the whole. And he managed to move -- and at the
8 end of it, you thanked him. Amazing. If I could
9 just learn those qualities, how far I could go.
10 Ray was an amazing -- is an amazing
11 individual who -- he's a tough guy. This is
12 really a tough guy. I saw him the other day, and
13 he's not taking this stuff. He's fighting. This
14 is a fighter and should be known and our spirits
15 should go to him as a person who is fighting.
16 Fighting for life, fighting to enjoy it -- not
17 simply to exist, as most people do, but to enjoy
18 it.
19 It is true that I'm surprised that
20 so many other people -- I thought Ray was my
21 personal friend. He managed to get everybody to
22 believe that he was their personal friend, and he
23 was. And he is. Because he would sit down with
24 me and he would -- he would encourage me to drink
25 cranberry juice. And that was our personal
3788
1 thing. And maybe he was having an inside joke at
2 my behalf every time I would drink that worthy
3 liquid. It would be an amazing thing. He would
4 never drink it with me, mind you, he would
5 encourage me to do it.
6 So he epitomizes in that sense a
7 type of servant leadership where he got to know
8 everybody on a personal basis and at the same
9 time kept his domain going in the way that it
10 should.
11 So we are happy to know Ray and to
12 have had those moments with him. Ray, I say go
13 for it. You've taught a great lesson. I say you
14 might as well continue to teach this lesson. So
15 I'm sending my prayers to Ray and thanking him
16 for looking in on my family and everyone else's
17 family.
18 And I still say, go for it. Let's
19 learn from Ray.
20 Thank you, Mr. President.
21 ACTING PRESIDENT GRIFFO: Senator
22 LaValle.
23 SENATOR LaVALLE: Thank you,
24 Mr. President.
25 There's something called the Senate
3789
1 family, and we're beginning to see that taking
2 place today and in days before.
3 You really don't want to feel this
4 in a family, because that means that something
5 not good is going on in your life. But people
6 here care, deeply, and we're hearing that today
7 by all the members who are speaking and those who
8 are thinking and have feelings in their heart.
9 Senator Flanagan really set the
10 stage. And I liked the way he said -- and I hope
11 Ray is listening -- he really is a really good
12 guy. And that we all know.
13 Senator Sanders, you're so right how
14 he knew everyone and what their tastes were and
15 how they were feeling. And if you weren't
16 feeling good, he would bring you up.
17 For me, our special relationship
18 centered around Winston. For those that don't
19 know, Winston is my beloved dog. Spoiled. And
20 Ray would always ask how Winston was doing, was
21 he in trouble with his mom. And I would say no,
22 everything is fine. But once in a while I would
23 say, Well, he really -- he got in trouble with
24 his mom. And "Oh," Ray would say, "I hope
25 everything will be all right. You know, he's
3790
1 such a good guy, Winston." I said, "Yeah, he
2 really is."
3 And when I got home, I would build a
4 relationship between Ray here and Winston back in
5 Port Jefferson. For those of you who have pets,
6 you understand how this could actually take
7 place. And after a while, my wife would get into
8 the act and say: "How is Ray? And what did he
9 have to say this week?"
10 And Winston has a move, he cocks his
11 head to the side. Well, since Ray has been ill,
12 I haven't mentioned Ray at home to Winston or
13 to -- I have mentioned Ray to my wife, that he
14 was undergoing some difficult times.
15 It's very interesting -- I was very
16 touched by Senator Parker going to the Bible.
17 And other people, Senator Flanagan talking about
18 prayers and they do work. And we hope that
19 whatever happens, that a loving God will embrace
20 him and understand and know that he served here
21 on earth the way a person should, and he was a
22 role model for all of us.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Bailey.
3791
1 SENATOR BAILEY: Thank you,
2 Mr. President.
3 You know, I know Joe Robach is
4 looking at me and saying what is this freshman
5 doing standing up. But when you're a freshman,
6 it takes you time to get acclimated, whether
7 you're a freshman in school or a freshman at your
8 workplace. You really have to figure out where's
9 the bathroom, where's the lounge.
10 But when I walked into the lounge,
11 it wasn't a situation where it was hazing. I
12 think we spoke about this, Leader Flanagan and
13 Leader Stewart-Cousins, we spoke about it as a
14 safe haven, as a place where your party doesn't
15 matter, just what's on that television screen
16 matters, what snacks are in front of you. And
17 how are your families? And how are you doing
18 today? Not what's the work of the people, but
19 how are you doing today?
20 And that's lost, I guess lost in
21 translation, folks. We often are too busy to say
22 hello. And I encourage you as part of what I'm
23 saying today to say hello to your fellow man and
24 your fellow woman. Just say hello. Hello goes a
25 long way.
3792
1 Ray always said hello. Didn't
2 matter how you were feeling, didn't matter how
3 you walked into that lounge. Ray stopped you and
4 said hello. I haven't been here that long, but
5 I've seen it happen.
6 When I was there, Ray showed me
7 where everything was. This is the water, this is
8 the refrigerator, these are the sodas, these are
9 the snacks. And it might seem banal or trite,
10 but for somebody that literally does not know
11 what's going on, that introduction the first time
12 when you go into that lounge, that means
13 something. That means a lot.
14 Ray took pride in his work. And as
15 Martin Luther King famously said, if a man is to
16 be a street sweeper, he should sweep streets how
17 Michelangelo painted or how Beethoven composed
18 music. Raymond had some pride in what he did.
19 He knew that I liked apples, Granny
20 Smith or Pink Lady. True story. Raymond and I
21 would talk about apples and how the only time,
22 when I was younger, I would ever come to upstate
23 New York is when I was apple picking. And I
24 would talk about the Mutsus and the Honey Crisps
25 and the Gala apples that I would see, and then
3793
1 Ray would chime in about recipes that his mother
2 would make for apple pie once upon a time.
3 At the end of the day, we're not "R"
4 or "D," we are people. We are people that serve
5 one God.
6 And Raymond, I hope you're
7 listening. Thank you for serving us. And I'm
8 going to keep eating those apples in your name,
9 my friend. God bless you.
10 ACTING PRESIDENT GRIFFO: Senator
11 Gallivan.
12 SENATOR GALLIVAN: Thank you,
13 Mr. President.
14 I too rise to congratulate Ray
15 Hess on his retirement and to thank him for the
16 type of person that he was, for all that he did
17 for me, for all that he's done for all of us and
18 all the people who passed through the chamber
19 over his 25 years.
20 It's pretty interesting to sit here
21 and listen to people and reflect a little bit on
22 Ray and the type of individual that he was. And
23 we all know that the business that we're in,
24 quite often harsh words are spoken, people get
25 angry. But what I'm thinking about in listening
3794
1 to everybody talk about Ray, is there's a person,
2 an individual, that was universally liked.
3 I never heard, in my seven years
4 here, one person say a bad word about Ray. And
5 of course that of course is a reflection on the
6 type of honest, decent, and good human that he
7 was.
8 And I'm grateful for it. I'd like
9 to thank Ray for making sure that I had hot
10 peppers almost every day, and all the good things
11 that he's done.
12 Ray and I spoke in this past session
13 about his plans to come out to Western New York
14 this year for a Hibernian convention that's being
15 held out in Western New York. And the plan was
16 to go to Niagara Falls, among other things, to
17 get together to go to some Irish bar and have a
18 pint.
19 And I know that one way or the
20 other, Ray will be there with many of us, and I
21 look forward to it. And I wish him Godspeed.
22 ACTING PRESIDENT GRIFFO: Senator
23 Robach.
24 SENATOR ROBACH: Yes,
25 Mr. President, let me too rise. Appreciate all
3795
1 the comments of my friends.
2 But when you talk about Ray being
3 part of us, you know, while his job was behind
4 the scenes, Senator LaValle said it: He was
5 certainly part of this family. How many other
6 guys do you know -- you know, he was Ray Ray,
7 Uncle Ray, Little Big Man, probably a lot of
8 other names I didn't know about. But he was
9 really part of the everyday conversation.
10 And I would agree very strongly with
11 that thing that he was a role model. He took his
12 job very seriously and would say to me, the
13 better adjusted you are out there, the better job
14 you're going to do for the people of New York.
15 Now, a lot of people would not take
16 that position, having that job, but Ray
17 legitimately did. And he liked telling you about
18 his wife, his Hibernian activity, his kids. And
19 when he asked you how you were doing and how your
20 kids were or something else, he legitimately
21 meant it.
22 He was a great guy. I'm going to
23 disagree with Senator DeFrancisco; I never gave
24 Ray a hard time except for when he first came on.
25 I said to Ray, "Ray, stop calling me sir." I go,
3796
1 "It's making me sound old." And his answer was:
2 "Sir, I'm much older than you are." And that's
3 when the wrestling started.
4 (Laughter.)
5 SENATOR ROBACH: So we had a lot of
6 fun in the lounge. But he was a great guy.
7 But I would say this. We're all
8 rooting for Ray very much at this very, very
9 important challenge in his life. But I would say
10 this, not to diminish any of my colleagues. As
11 much as any of us in this room -- and I love many
12 and have learned a lot from many -- I would say
13 this. Getting to know Ray -- we're certainly
14 diminished by his early retirement. But getting
15 to know that man certainly enhanced my life.
16 And he was a great role model, a
17 good guy, and somebody I got to know off the job
18 and spend time with because he was that kind of
19 guy. He was a lover of life and a lover of
20 people and we're wishing him all the best. I do,
21 too, hope he's listening with his whole family.
22 We wish you all the best at this challenging
23 time.
24 Thank you, Mr. President.
25 ACTING PRESIDENT GRIFFO: Thank
3797
1 you, Senator Robach.
2 Senator Comrie.
3 SENATOR COMRIE: Thank you,
4 Mr. President.
5 I rise also to join with my
6 colleagues in praising Ray Hess for his service,
7 for his light, for his personality. Ray was very
8 unique. He would remember the small things that
9 you told him. He would remember, as members have
10 said, the animals. My kids, he knew that my kids
11 were in college, he constantly brought that up.
12 He constantly understood the dynamics of people
13 as they came into the lounge, whether they were
14 in a good mood or in a bad mood.
15 As other members said, he had
16 special things that he would give them, whether
17 it was a special concoction if you had a cold.
18 With me, he saw that there was not much I would
19 turn down, so I was his taste tester a lot.
20 (Laughter.)
21 SENATOR COMRIE: And so he would --
22 anytime he brought in a new fruit that I didn't
23 understand, he would have me taste it because he
24 was a connoisseur of trying to find unique items
25 to bring into the lounge to share with people.
3798
1 And he got up -- as the Majority
2 Leader said -- and got to the lounge at 7 o'clock
3 in the morning and started preparing and just
4 started making sure that everything was right for
5 every individual that came in.
6 Ray defended me a lot from Robach
7 when he gets into his riffs. And Robach's in the
8 lounge doing his jokes and just enjoying life,
9 and he would take a couple of shots at me, and
10 Ray would try to defend me from Robach like I was
11 in trouble, even though we're all having fun.
12 You know, and Ray would actually come stand next
13 to me and act like I needed defending.
14 But Ray was just a protector of
15 people. You know, he truly enjoyed his station
16 in life. Ray knew what motivated him. He had a
17 rare gift. A lot of people are trying to be more
18 than they are, trying to be better than they
19 think they are, trying to own ten cars or have a
20 hundred items. Ray knew what he wanted in life.
21 He enjoyed his farm, he enjoyed being on his
22 tractor, he enjoyed going to state parks, he
23 enjoyed engaging all of us. He had to be a
24 little crazy to understand all of us.
25 But he also understood the history
3799
1 of this place. He understood the members. He
2 understood all of the people that served the
3 members as well. And he especially tried to take
4 care of all the sergeants here as well.
5 Ray has a special gift. Not many of
6 us know what our final days are going to be. Not
7 many of us have an opportunity to understand what
8 God is preparing for us. Not many people get a
9 chance to count down and get your life in order.
10 Ray has got that opportunity.
11 God bless you, Ray. We'll miss you.
12 We can't replace you.
13 Thank you, Mr. President.
14 ACTING PRESIDENT GRIFFO: Senator
15 Savino.
16 SENATOR SAVINO: Thank you,
17 Mr. President.
18 Senator Comrie, you made me cry now.
19 It's been a long time since I was a
20 freshman, but I do remember, you know, how -- the
21 experience of walking into the Senate chamber for
22 the first time as a new member, and there's so
23 many things going on, there's so many people.
24 And you realize how quickly how many people it
25 takes to keep this place operational and how many
3800
1 people that we depend upon.
2 And it's quite startling and almost
3 frightening when you realize that you're a member
4 of the New York State Senate, and then you find
5 there's a place here for all of us. You know,
6 there's that room over there that really we're
7 the only ones allowed in. And so the first time
8 you walk in that door and you encounter Ray Hess
9 and he says hello -- and the way he always says
10 "Hello, hello." And he sees you five times a
11 day, he'll say hello like he hadn't seen you
12 before. He's always happy to see us.
13 And I just remember the first time I
14 encountered Ray, it was like, oh, my God, it's
15 like he's -- he's ours. He's like -- at the
16 time, he was our 63rd Senator. Today he would be
17 the 64th.
18 But Ray is as much a member of this
19 body as any of us who are elected. And he
20 existed for the sole purpose of taking care of
21 each and every one of us. In his own way, he
22 figured out what each and every one of us liked.
23 You know, like he knew that I liked Irish
24 breakfast tea, and he made sure that the lounge
25 always had a box of it. And in fact, before
3801
1 anybody else was allowed to take any of it, he'd
2 check with me just to make sure, because it was
3 mine. And I know every one of you who drinks my
4 Irish breakfast tea, by the way.
5 He made sure that -- you know, I
6 remember when Senator Hassell-Thompson was here,
7 he would make her tea. He takes care of Senator
8 Larkin because he knows it's important that we
9 have those moments because we sometimes are so
10 stressed in the job that we do here. We're being
11 pulled in ten different directions. And Ray was
12 able to provide that little bit of comfort for
13 us.
14 And at the same time, you know, we
15 loved him in so many ways. And I used to tease
16 him all the time, because it was easy. It really
17 was. He was such a -- he is such a sweet guy,
18 but he had his own idiosyncrasies. You know, he
19 was a little obsessive-compulsive about the way
20 he laid the table in the lounge, and what would
21 be on the trays. And you're laughing, I see,
22 some of you.
23 And I would sometimes look at it and
24 I'd say, "Ray, you know, I notice that everyone
25 eats the liverwurst immediately, but nobody ever
3802
1 eats that turkey ham. Why don't you just get rid
2 of the turkey ham and get more liverwurst? He'd
3 go, "Oh, Senator, no, I can't do that." Kevin's
4 laughing. Right, he'd say, "Oh, I can't do
5 that." Because for whatever reason, he would
6 decide what was going on that tray regardless of
7 what we wanted, because he knew what was best for
8 us.
9 He was taking care of us in a way
10 that we really needed. We needed nourishment and
11 nurturing, and that's what Ray provided behind
12 that door that says "Senators Only." And he was
13 as much as a Senator behind that door as we are.
14 So I am happy that he is retired
15 now, and I will pray like hell that he's able to
16 enjoy that retirement for as long as possible
17 because he certainly has earned it, he deserves
18 it, he deserves every honor and respect as a
19 member of this body for as long as he possibly
20 can.
21 Thank you, Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Little.
24 SENATOR LITTLE: Thank you,
25 Mr. President.
3803
1 And since Senator Flanagan started
2 out by talking about Ray as a little person, I
3 thought that I should stand up since I am the
4 only real Little here, so --
5 (Laughter.)
6 SENATOR LITTLE: You know, all of
7 us, when we think about Ray, can think of all the
8 things he said. But some of the most common
9 words out of his mouth were "Can I help you?"
10 "What do you need?" "Do you like this? How
11 about that?" "What else do we need here?" He
12 was just always concerned that he was putting out
13 the right food and the right things and making
14 people happy.
15 And from the comments that we've
16 heard today, we can say that -- I believe that
17 all of the members here didn't just know Ray but
18 had a personal relationship with him. And I
19 treasure that.
20 And Ray, you are in my thoughts and
21 prayers, and we love you.
22 ACTING PRESIDENT GRIFFO: Senator
23 Marcellino.
24 SENATOR MARCELLINO: This is a rare
25 moment. I'm almost at a loss for words. That
3804
1 never happens.
2 But we're talking about a special
3 person. Just listen to the comments that have
4 been made. It's unanimous. There's not a person
5 in this room who doesn't love Ray, for good
6 reason. He took care of us like we were his
7 family. He watched over us.
8 When I had my hip surgery: Senator,
9 how are you feeling? Are you okay? Can I get
10 the door for you? Can I help you here? Is this
11 too heavy? Do you like this? Is your tea right,
12 is your coffee good? All that sort of good
13 stuff. He took care of us.
14 I'll venture to say everybody who
15 goes home, your family members know the name Ray.
16 I know my wife did. It got to the point where
17 she thought I was going gay, I kept taking about
18 Ray and how Ray would prepare food in a certain
19 way. My wife would say, "Well, you like Ray's
20 cooking better than mine? So be it." She was
21 joking. She understood. And understands.
22 Ray is one of those special people
23 who you just couldn't help but like. There was
24 nothing evil about him, there was nothing that
25 was done for a nefarious reason. He was good
3805
1 people. We need more of that here. We need more
2 of that in this chamber. We need more Rays in
3 this world to make it a better place.
4 Raymond, God bless you.
5 ACTING PRESIDENT GRIFFO: Senator
6 Squadron.
7 SENATOR SQUADRON: Thank you,
8 Mr. President.
9 Every week when I would arrive here
10 and go into the lounge, the first thing Ray would
11 ask about is how my kids were, every single time.
12 And he always seemed sincerely happy to hear they
13 were doing well. Then whatever food I started to
14 take, he would point out how healthy it was or
15 was not. And he would ask, if I hadn't gotten
16 one of these seltzers -- which I drink very many
17 of, and he is highly aware of.
18 And then we would talk about the
19 Jets. So Ray and I would often have negative
20 conversations. Coach Bowles, I want to put you
21 on warning, Ray is not particularly impressed
22 with last season, and I share it.
23 When we were here -- a couple of
24 years we were here in the fall, Ray and I would
25 have Jets games to talk about. In fact, my first
3806
1 couple of seasons we had we were here during
2 extraordinary playoff runs and the AFC
3 championship game, which would give us both
4 extraordinary joy in the weeks when we were up
5 here, partially because of all the non-Jets fans
6 who seemed so upset about it.
7 And he would always be polite to the
8 fans of other teams -- we do have some other
9 great teams in New York, the Giants and the
10 Bills -- but would then turn to me and say,
11 "They're not the Jets." And I agree.
12 Ray would also do things like point
13 out to me things that I liked -- "Oh, you know,
14 you really love those cherries." "No, I don't,
15 Ray." "No, you do." "You're right, I do." And
16 I would take them. He knew better than me.
17 Now, of course, as I think many
18 people here know, Ray in fact had his own bars,
19 restaurants, was a bartender, stood behind the
20 bar for very many years. And in Ray here in the
21 Senate, we had a bartender greater than, you
22 know, the famous Sam Malone, somebody who created
23 a place where everybody does know your name, a
24 sense of camaraderie that I often hear about in
25 the old days of the Senate and experience here in
3807
1 reality much less frequently -- except in Ray's
2 domain. Really it is a place where Ray, through
3 his personality and his effort and his kindness
4 and all of the beautiful qualities that have been
5 discussed, created that environment for all of
6 us. I've had, frankly, conversations with some
7 colleagues in the lounge who I've never much
8 spoken to outside of it. And that is an
9 extraordinarily important role and really speaks
10 to the fact that we're sent here by our
11 constituents, at some point we get sent home by
12 our constituents, but there's a permanent and
13 critically important institution that is the
14 Senate. That's personified by the people up
15 there and by the sergeants-at-arms and not
16 personified better than Ray by anyone.
17 So I know Ray is listening, and I
18 know Ray is listening and saying exactly what he
19 always says and always said when he would listen
20 right next door when we were here, which is "When
21 will it be over? You think we'll get out of here
22 soon?" And I'm sure he knows better than I do,
23 because he would always win our little wagers on
24 what time we would go home, how long we'll go on.
25 So, Ray, hopefully we're going on a
3808
1 little bit longer than you expected, and I hope
2 you understand that unlike so many of the
3 speeches that we make here, this one is really
4 important and we all really mean it. We're going
5 to miss you on your retirement. We are praying
6 for you and your energy and your health, and
7 we're going to keep talking until you get fed up.
8 Thank you for everything, Ray.
9 ACTING PRESIDENT GRIFFO: Senator
10 Hoylman.
11 SENATOR HOYLMAN: Thank you,
12 Mr. President.
13 I want to thank my colleagues for
14 their comments and of course thank Ray and his
15 family for their service, for his service to this
16 chamber and to the State of New York.
17 Ray, like many of my colleagues,
18 always asked about my daughter. I would show him
19 pictures, he would laugh and continue to ask and
20 continue to be amused.
21 One of my favorite stories involves
22 him knowing so many different passageways and
23 doorways throughout this Capitol. And apparently
24 there's a doorway that leads to a rooftop, which
25 then leads to a space where he used to barbecue
3809
1 during the summer months. Until the Governor
2 caught him once, and he never did that again.
3 He always used to tell me about all
4 the ghosts that he would see in these hallways
5 late at night and times when he was alone.
6 But Senator Savino reminded me about
7 her tea. And when I first arrived in the Senate,
8 I found some tea, some very fancy English tea, in
9 that cupboard, and I used to take it every day
10 until Ray caught me. And he was like, "You don't
11 like that tea." And I was, "What's wrong with
12 it? It's English breakfast tea." He said, "No,
13 no, no, try the Lipton. It's better."
14 (Laughter.)
15 SENATOR HOYLMAN: I tried the
16 Lipton. Ever since then, I have used Lipton tea.
17 My husband asks me why am I buying Lipton tea,
18 and I have become a real devotee of Lipton tea.
19 And that's due to Ray and his foresight and
20 wisdom as it pertains to the New York State
21 Senate.
22 Thank you, Ray. Thank you for your
23 service.
24 ACTING PRESIDENT GRIFFO: Senator
25 Young.
3810
1 SENATOR YOUNG: Thank you,
2 Mr. Speaker -- Mr. President.
3 And I would like to join everyone's
4 voices in actually speaking directly to Ray. Ray
5 has been my friend for the 12 years that I've
6 served in the New York State Senate. And if Ray
7 Hess ever had a bad day, he never showed it. He
8 would tell us about what was happening in his
9 life, but he always wanted to do a great job.
10 And I remember several years ago Ray
11 actually had an accident -- some of the members
12 may remember this -- he was working at his house,
13 and he had part of a tree fall on him. And he
14 had injuries. And despite that fact, he could
15 not wait to get back to work.
16 Two years ago, Ray had a stroke.
17 Same situation. He loved his job, he loved the
18 members, he loved being here, he loved being part
19 of the Senate family, and he could not wait to
20 get back to be with us.
21 And every member in this room runs
22 into so many people. Every single day, we meet
23 people, new people. But for me, Ray is one of
24 those people that stands out. He's a person that
25 I aspire to be like. I would like to be more
3811
1 like Ray. I would like to have that positive
2 attitude. I would like to care so deeply about
3 other people that I wanted to show it every
4 single second. And that's really what Ray did.
5 So, Ray, I too hope you're
6 listening. I want to thank you for your 12 years
7 of friendship. I want to thank you for your
8 devotion to the New York State Senate. And I
9 want to say that you are somebody that I am going
10 to continue to be inspired by throughout the rest
11 of my life. And think about it, the impact that
12 you have had on the Senate, and you inspire all
13 of us. And we will go out and take what you've
14 done for us and translate it into what we do
15 every single day on behalf of the people of New
16 York State.
17 I'd like to say that, you know, when
18 you're kind to somebody, it grows exponentially.
19 And Ray, what you've been able to do for us and
20 for so many people in this state is profound.
21 So thank you, Ray. We do love you.
22 We do miss you. We do give you our best thoughts
23 because of what you've done for us. And you
24 truly are a very unique and special person.
25 ACTING PRESIDENT GRIFFO: Senator
3812
1 Kennedy.
2 SENATOR KENNEDY: Thank you,
3 Mr. President.
4 I rise to honor the legacy of Ray
5 Hess here in Albany, here in the Senate. We have
6 heard from so many of our colleagues here on what
7 an amazing individual Ray was and is. And
8 although he may have been small or, as some have
9 offered in this chamber today, little in stature,
10 we all know Ray, as our friend, as a towering
11 giant.
12 And to think about the role that he
13 played here in not just taking care of us every
14 day but also, you know, being a leader here in
15 this chamber -- you know, dealing with the
16 characters and the egos and the stresses and the
17 personalities, good and bad, of so many hundreds
18 of Senators that have come through this chamber
19 through 25 years, we owe Ray Hess an
20 extraordinary debt of gratitude in his
21 retirement.
22 It could be offered that he
23 personally had an impact on millions of people
24 across this state because of his work, because of
25 the interactions he had with each and every one
3813
1 of us, the lessons that he taught us, both
2 directly, in many of the conversations that were
3 mentioned here today, as well as indirectly, in
4 simply his actions, treating others the way we
5 want to be treated, treating others the way they
6 should be treated and he wanted to be treated,
7 giving everyone dignity and respect, Senators and
8 non-Senators alike. However, don't you dare go
9 in that chamber if you're not a Senator and run
10 into Ray Hess, because he'll be running you right
11 out of there, running you out of town if he had
12 to.
13 You know, he was a guy who had a lot
14 of guts. You know, and he needs those guts right
15 now in his fight. And we all know that our
16 thoughts and prayers are with him and his family
17 in this difficult time. But, you know, the guts
18 that he showed, he wasn't afraid to step up and
19 speak up and speak out if he needed to say
20 something to you. He didn't care about whether
21 or not you were a Senator or -- he cared about
22 whether things were being done right in his
23 world, in our world.
24 And, you know, I just saw a lot of
25 young children that had joined us here today to
3814
1 watch these deliberations. You know, as we pause
2 here today -- and we all know that there's
3 hundreds of bills to be passed -- but I think
4 this is so fitting a tribute to give to this
5 giant of a man. And, you know, if there were one
6 lesson that I would ask that these children and
7 our children and the younger generation take from
8 the sort of individual Ray was, it's this. It's
9 whatever job they have, whatever job we have, do
10 it, do it right, and do it well.
11 And that's exactly what Ray Hess did
12 every single day, the way he treated us and
13 everyone around him. I am proud and honored to
14 be able to call Ray Hess a friend. I will miss,
15 in his retirement, our long conversations about
16 the weather, of course. Being from Buffalo, the
17 conversation seemed to always revolve around the
18 weather -- when it would snow in Buffalo, when it
19 wasn't snowing in Buffalo. When the heat waves
20 were coming through, like we're dealing with
21 today, we'd get into that.
22 And all around, it centered around
23 the fact that us upstaters were hardened by the
24 weather and we had to demonstrate to our
25 downstate colleagues this toughness that us in
3815
1 upstate enjoyed because of the weather that
2 defined us.
3 So to Ray Hess, we will miss you in
4 this chamber, we love you and honor your legacy,
5 and we thank you for 25 years of extraordinary
6 service to this great state.
7 Thank you, Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Peralta.
10 SENATOR PERALTA: Thank you,
11 Mr. President.
12 I rise today, as well as all my
13 colleagues, to honor Ray Hess.
14 You know, Ray was really the
15 gatekeeper of that members' lounge, and he
16 really epitomized what everyone said about him.
17 Not only was he a friend, but he knew so much
18 about each and every one of us because he really
19 took the time to ask us about our lives.
20 Not only did he always say hello,
21 but he realized that once you walked through
22 those doors, that there wasn't really a "D" or an
23 "R" or an "IDC," it was about who the individual
24 was. And he would ask you about your family, he
25 would ask you about your friends, he would ask
3816
1 you about your pets, but he would go deeper and
2 he would know what type of food you like. And
3 sometimes when you asked for a particular food,
4 he would tell you, "I don't have that right now,
5 but I'll work on it." And the next day he may
6 bring a little bit of what you asked him for, and
7 he'll say, "I got this for you this morning, but
8 don't tell anyone else."
9 (Laughter.)
10 SENATOR PERALTA: And that's the
11 type of man he was and he is. He will go above
12 and beyond to get you those little things that
13 you're asking for, that you're craving for, and
14 to really put a smile on your face. Because he
15 knows that sometimes we go through tough times
16 and we make tough decisions in this chamber, and
17 he knows that we're constantly trying to do
18 what's right for our community and for the people
19 that we represent.
20 I, for one, would always -- anyone
21 who knows me either sees me with a Pepsi can or
22 with a Snapple bottle. And for Lent, I give up
23 soda. And he would call this blue water, and
24 that was our code. He would say, "Oh, you're not
25 drinking blue water today?" And he would know it
3817
1 was Lent time. And he would always say to me,
2 "But blue is good." And some people would always
3 ask, "What are you talking about with Peralta,
4 about blue is good?" Well, soda, because I drink
5 the Pepsi.
6 Every time there was a late night, I
7 would have these battles with him that I wanted
8 Spanish food. And he would say: "No, but we're
9 getting Italian."
10 (Laughter.)
11 SENATOR PERALTA: I would say,
12 "That's nice, Ray. I want Spanish food." And he
13 would say, "That's above my pay grade. You got
14 to talk to Senator Flanagan."
15 I would always ask him for not only
16 Spanish food, but sometimes I'd ask him for
17 wings. And he would come over when he knew that
18 wings were coming, and he would pull me aside and
19 say, "Senator Peralta, we're getting wings
20 today." And he knew that I was very interested
21 in eating wings, so before anybody else knew, I
22 knew that we were getting wings.
23 During the budget process and late
24 at night and the end of session, late nights when
25 we're here for a long time, he knows or he knew
3818
1 that I would play this game of who would play us
2 if there was a TV show or a movie. And he would
3 always ask me who would play Senator Griffo. Of
4 course, Griffo wants Brad Pitt, and Kevin Parker
5 always wanted Denzel Washington.
6 But he would always ask me, "I think
7 I know who can play this Senator," and I would
8 jot it down. Sometimes he was correct, sometimes
9 not so correct. But he understood that to keep
10 our sanity sometimes, late at night, he would
11 join in in creating this casting call for who
12 would play us in the movies.
13 Three times Senator Espaillat ran
14 for Congress, and each of those times he would
15 walk into the members' lounge with Senator
16 Espaillat. And the first time I remember him
17 telling Senator Espaillat, "You know, I don't
18 know, this guy Charlie Rangel, he's big, he's big
19 time. I don't know." And Senator Espaillat
20 would tell him "I can do this." And he says,
21 "Mmm, maybe next time."
22 (Laughter.)
23 SENATOR PERALTA: The second time
24 he ran, Ray approached Senator Espaillat and
25 said, "Wow, You're getting a lot of support. I
3819
1 don't know, maybe, maybe. This may be your
2 chance." Of course it didn't happen the second
3 time.
4 The third time he ran, Ray
5 immediately would go up to Espaillat every time
6 he would see him in the members' lounge, and he
7 would know everything that was happening in his
8 district, in Washington Heights, in the Bronx,
9 and say, "I read that you're the front runner and
10 you're going to win this time. I think this is
11 your time." And Senator Espaillat would tell him
12 and say "I hope so."
13 This is the type of man who really
14 looked not only beyond the titles, but at who the
15 individual was. And that, in this environment,
16 is very precious. So I want to send my blessings
17 to Ray Hess and his family because I know they're
18 going through very difficult times.
19 You know, I want to end it by
20 thanking him because there were three times, on
21 three occasions, I thought we brought some of the
22 most exciting people to Albany. One was Pedro
23 Martinez, and all he kept on asking me for was a
24 signed ball. He said, "You think he can sign a
25 ball?" I said "Sure, Ray." And he was like a
3820
1 little kid because he wanted to see Pedro
2 Martinez.
3 The second was Mike Piazza. Well,
4 Mike Piazza came into the chamber. Again, he was
5 so excited because it was Mike Piazza.
6 Then of course, third, Senator
7 Griffo brought The Most Interesting Man in the
8 World. And he too was excited for The Most
9 Interesting Man in the World, because he would
10 also look and watch those commercials and he
11 would admire the comedy of it.
12 But he was always excited and always
13 had a smile on his face, and that's how I'm
14 always going to remember Ray -- someone who
15 always has a smile on his face, always says
16 hello, and is always kind. Doesn't matter what
17 your party affiliation is, he just wants to know
18 who you are as a person.
19 So God bless you, Ray. God bless
20 your family. And we will keep you in our
21 prayers. Thank you.
22 ACTING PRESIDENT GRIFFO: Senator
23 Tedisco.
24 SENATOR TEDISCO: Thank you,
25 Mr. President.
3821
1 You probably know that there's very
2 few of you in this Senate body that have served
3 in the New York State Legislature holistically
4 more than I have. But the large majority of all
5 of you have served in the New York State Senate
6 for far longer than me. And because of that, I
7 can attest to the fact -- I heard someone say
8 that if you're a stranger you shouldn't go into
9 our Senate lounge.
10 I can attest to the fact that that's
11 not the case, because most of you who are serving
12 here probably have seen me come over from the
13 Assembly chambers over the last many years and go
14 into the back, into the chimney, and call Senator
15 Farley over, or some of my other colleagues who
16 are here, to talk to him about a bill or a piece
17 of legislation. And to tell you the truth, by
18 way of full disclosure, many times that was a
19 ruse. What I wanted to do was get the good food,
20 get into the Senate lounge.
21 Because I don't know how many of you
22 have been over to the Assembly lounge, but
23 there's a lot of fruits and a lot of nuts over
24 there --
25 (Laughter.)
3822
1 SENATOR TEDISCO: I mean in the
2 lounge.
3 (Laughter.)
4 SENATOR FUNKE: And I used to go
5 and be welcomed in the Senate chambers. And Ray
6 used to come up to me and treat me with the same
7 generosity and graciousness and kindness that he
8 continued to treat me with for the first six
9 months I was a Senator and has treated many of
10 you for far longer than I have been here.
11 And the last time I was treated with
12 the niceties and the level of care and kindness
13 that Ray has treated me with was with my mother
14 and father, I think. My dad, who used to work in
15 the foundry for 30 years, I begged him to buy me
16 Converse canvas sneakers, and they were $9 back
17 then. I didn't want PF Flyers, I didn't want
18 Keds. And my dad used to buy those for me. And
19 that was a lot of money back then.
20 My mom used to create great lunches
21 for me. And to tell you the truth -- she died
22 when she was 97 -- she used to iron my underwear,
23 my shirts and my underwear and my socks. I'd get
24 up in the morning, and they were ironed. I was
25 tremendously spoiled when I went to college.
3823
1 Ray, when I'd go into that lounge --
2 and probably the same for you -- Would you like a
3 soda? Would you like a coffee? Would you like
4 some salad? You want a sandwich? What kind of
5 bread?
6 But not only that. How was your
7 weekend? I saw you on a bill on TV talking about
8 it, or in the newspaper, and it was great.
9 Always something positive. At least for me, and
10 probably for the rest of you.
11 And that kind of kindness and
12 graciousness and love of his fellow workers
13 here -- because I looked upon him as just one of
14 the guys and gals here in the New York State
15 Senate and the Legislature -- that kindness that
16 has been mentioned by my colleagues -- family,
17 and concern for others -- to that level is rare.
18 So, Ray, I was honored to be able to
19 serve here while you were here as an Assemblyman
20 and as a Senator, and I appreciate the care and
21 kindness you've given to me and the way that
22 extended onto others who visited here. And I'd
23 just say we wish you and I wish you all the best.
24 God bless you, and thank you for your service.
25 And our prayers are with you right now.
3824
1 Thank you, Mr. President.
2 ACTING PRESIDENT GRIFFO: Senator
3 Klein.
4 SENATOR KLEIN: Thank you,
5 Mr. President.
6 I didn't want this day to go by
7 without saying a few words on behalf of Ray Hess,
8 a very special individual. And I know we're all
9 congratulating him on his 25 years of service in
10 the State Senate.
11 I think most of us know, who serve
12 in the State Senate, that the Senate lounge is
13 sort of kind of an oasis where you can't have
14 staff, there's no reporters there, it's just the
15 members. And certainly what adds to, I think,
16 that sort of relaxation or just kind of
17 collecting your thoughts is really Ray.
18 You know, Ray is a throwback to that
19 type of person that whatever job you do, you're
20 going to do it the best you can. You take pride
21 in your work, you remember the little things.
22 And certainly I know each and every one of us,
23 you know, has a very special story about Ray's
24 dedication.
25 I used to always tease Ray -- and I
3825
1 know Senator Savino brought that up -- you know,
2 when you go to the Senate lounge and the same
3 deli platter is there each and every day year
4 after year, you sort of notice certain things.
5 And I used to tell Ray, I said, "Ray, why is it
6 that everyone always eats the liverwurst first
7 and that's not replenished like the other things
8 are?"
9 And he said he had strict orders to
10 get a certain amount of liverwurst every day, and
11 that's what he was going to stick to. And he did
12 it each and every day.
13 Or the fact when he knew, even
14 though it's not healthy, that I liked white
15 bread. He'd always point out to me that on top
16 of the refrigerator was white bread.
17 He probably did this for each and
18 every one of the members, because I think he had
19 the utmost respect for each and every one of us,
20 Democrat or Republican. And I think he had
21 respect for this institution. And I think that's
22 something that -- I hope we can have more people
23 recognize what we do is important. And certainly
24 what Ray did in making sure to add a smile each
25 and every day to our lives during our very hectic
3826
1 schedules.
2 And I know I'll miss him, and I
3 don't think we'll ever be able to replace
4 Ray Hess.
5 Thank you, Mr. President.
6 ACTING PRESIDENT GRIFFO: Senator
7 Latimer.
8 SENATOR LATIMER: Thank you,
9 Mr. President.
10 It's never easy to say goodbye.
11 We've all lost people that we knew, people that
12 we liked, people that we loved. It's hard not to
13 see them where we're accustomed to seeing them.
14 And we try to figure out how are we going to go
15 on with our lives when that person is no longer a
16 part of them.
17 Every one of us has lost parents,
18 lifetime friends. Some of us have lost spouses.
19 Some of us have lost children.
20 We're all men and women of words.
21 For the last hour and whatever time after I sit
22 down, we'll try to express, each of us in our own
23 way, what we use as part of what we do every day,
24 words, to express how we feel, what we think and
25 to try to say something different and profound so
3827
1 that, added together, all of us are making a
2 statement that Ray can see on YouTube.
3 But we really don't know what to say
4 in a moment like this. We remember anecdotes, we
5 remember personal kindnesses, because we know
6 that when there's loss, there's an emptiness and
7 we don't know how to fill it. We're humans. We
8 don't know how to fill it. We do what we can do
9 to try to deal with it as best as we can.
10 It's still empty inside. I think,
11 in moments like this, we wonder -- because we
12 know that the road that Ray is walking down now
13 is a road that every single one of us in this
14 chamber, however young you are, however old you
15 are, that each one of us in due time will walk
16 down this road. And we don't know what it will
17 look like. We wonder if we'll have a roomful of
18 people spending two hours saying nice things
19 about us.
20 If I regret anything today, and I
21 don't regret much as I listen to all of my
22 colleagues try to find the words in their own
23 perspective, it's that -- and this is true all
24 the time we eulogize somebody. We all do it in
25 our districts, we do it here on the floor with
3828
1 various resos. We praise people that we know we
2 might not have the opportunity to praise again.
3 And we ask ourselves, I ask myself, why didn't I
4 do it earlier? Why didn't we bring him out of
5 that room and have him stand by the clock right
6 there, and we all would say this right so he
7 could see it? He'll see it on YouTube, I'm sure.
8 But we never appreciate it until it's gone, till
9 it's not part of our world.
10 Senator Parker left with a reference
11 to the Bible. I'll do the same. When I think of
12 a moment like this, I think of the parable of
13 Lazarus at the gate, the poor man at the gate
14 that the rich man passed by every day. And at
15 the end of days, it was the rich man who looked
16 across the gulf of salvation to see Lazarus, the
17 poor individual, resting in the bosom of Abraham.
18 The next weeks, the next months --
19 we hope much longer than that -- but whatever the
20 length of time is -- I don't know when I'll see
21 Ray again. Perhaps I won't see him until that
22 time when he completes his walk and I complete my
23 walk. But I'm positive, by the way I've seen him
24 treat everyone in this room and all the people
25 that have been in this room before I ever got
3829
1 here, that I will see Ray again in the bosom of
2 Abraham.
3 ACTING PRESIDENT GRIFFO: Senator
4 Marchione.
5 SENATOR MARCHIONE: Thank you.
6 You know, it's been terrific
7 listening to everyone's remembrances of how Ray
8 served all of us. And you don't know all of
9 those things until you listen today and you hear
10 the great little stories about how he got
11 something for one person and something special
12 for someone else.
13 Well, for me, Ray and I shared what
14 I thought was a secret, because every day I would
15 have a piece of fruit. And at first Ray would go
16 get me a knife, because I like to cut my fruit,
17 and he'd say, "Don't tell anyone, I'm not
18 supposed to have a knife here." And after a
19 while, I guess Ray trusted me, because he showed
20 me the hiding spot for the knife, and he allowed
21 me to go in and get my own knife and cut my own
22 fruit.
23 And, you know, he was -- he is such
24 an amazing man. And many of us have made
25 references today, you know, about our own walk,
3830
1 our own faith that we have. And certainly I have
2 my own, like all of you do. But my day of
3 accepting Christ was the greatest day of my life.
4 And from that point on, you hope God works within
5 your life to make you a servant and to give you
6 that servant's heart and to make you a person
7 that other people would talk about just like
8 we're all talking about Ray.
9 Ray had the most servant's heart
10 that I've ever seen in my entire life. He was a
11 man of love for every single one of us. I loved
12 when he used to come over and just make small
13 talk and make you feel welcome. And I watched
14 how he served.
15 And I missed Ray in the summer. We
16 don't always sometimes miss each other as much as
17 we all missed Ray in the summer.
18 And I just want Ray to know how
19 special our relationship was to me. I actually
20 thought I was special to him, but now I'm hearing
21 he's one of those individuals that could make
22 each one of us feel special.
23 And I just want to add my thanks for
24 his 25 years of service, send him my love, and
25 certainly everyone loves Raymond.
3831
1 Thank you, Mr. President.
2 ACTING PRESIDENT GRIFFO: Senator
3 Serrano.
4 SENATOR SERRANO: Thank you,
5 Mr. President.
6 I wanted to lend my voice to really
7 celebrating the many years that Ray has been with
8 us here as a member of our family. And, you
9 know, Ray was just a very special and unique
10 individual. He knew all of us. He knew all of
11 our concerns.
12 There was one really special thing
13 that Ray knew about me. He knew how much I loved
14 being a Senator these 12 years I've been here,
15 but he also knew how much I missed my family when
16 I was up here for long periods of time. And he
17 knew my son, he met my son when he was a little
18 boy. I used to bring him up here, my wife, and
19 then my daughter came later and he did get to
20 meet her.
21 So my family did get the chance to
22 meet Ray in the lounge. So he understood how
23 they were, and he would often ask me how they
24 were. And he knew that it was difficult for me,
25 and he made sure to ask about them. And whenever
3832
1 there was a bit of break in the action here, I
2 would run into the lounge and get on Face Time
3 and talk to my son about how his day was.
4 But Ray was that humanizing force
5 that allowed me to maintain that connection to
6 what really mattered to me, which is my family.
7 Being here the long hours at night can be a
8 little disheartening. But when you have someone
9 like Ray, who was always cheerful, who
10 understands the humanity and the things that
11 we're working for, it sort of brings you back to
12 what's important. It gives you that moment of
13 clarity to help you understand what we're working
14 so hard here for.
15 So Ray really did foster that level
16 of collegiality, not just with me but with all of
17 the members. Many have spoken about when we walk
18 into the lounge, we are not partisan by any
19 means. And it really did -- I would see a lot of
20 things get worked out in the lounge that couldn't
21 be worked out here on the floor.
22 And I think that level of
23 collegiality is something that we should continue
24 to move forward with. This is something that Ray
25 believes in.
3833
1 And I remember my dad was a member
2 of the Legislature back in the '70s and '80s, as
3 a member of the New York State Assembly, and he
4 used to tell me stories about the level of
5 collegiality, that it seemed to be so much
6 greater back then than it is now. They would do
7 battle and debate on issues, but once it was
8 done, they would get dinner together or play
9 basketball. There was a deep understanding that
10 this was the work we do, but we shouldn't stop
11 being friends.
12 And I think that's something that we
13 should really continue to embrace now. There's
14 no place, I believe, for animosity anywhere here
15 in this chamber. We have disagreements, but it
16 really is not more than that, and it should never
17 be personal. And I really hope that as we
18 continue to move forward in the spirit of what
19 Ray taught us, that we move forward in a
20 collegial way and a happy way that he would do
21 it, as we move forward through the rest of the
22 session.
23 Praying for you, Ray. God bless you
24 and your family.
25 ACTING PRESIDENT GRIFFO: Senator
3834
1 Boyle.
2 SENATOR BOYLE: Thank you,
3 Mr. President.
4 I rise to, with my colleagues, give
5 honor to my friend and fellow Hibernian for five
6 years, Ray Hess.
7 I got a kick out of listening to
8 some of the stories about secret stashes. When I
9 first came here five years ago, Ray welcomed me,
10 as he welcomes all of my colleagues, and he asked
11 what I like to eat. And I said, "I have very
12 sophisticated tastes. I like baloney on white
13 bread, sometimes peanut butter and jelly on white
14 bread." And he leaned over and said, "Senator,
15 we're really not supposed to have white bread in
16 here." "I understand, no problem."
17 The next day when I came in, he
18 said, Senator, I got a place, your white bread is
19 hidden over here." For five years it's been my
20 stash. I thought I was the only one with a
21 stash. I guess everyone had different stashes.
22 But that's the type of guy Ray was.
23 He found out what you liked, and he got it for
24 you. And he talked as a human being, as a
25 friend. We'll always remember him.
3835
1 And I just want to point out that
2 Ray, we love you. You're in our prayers. And I
3 want all my colleagues to remember that sometimes
4 on this floor we get in kind of a heated,
5 contentious debate. Let's remember at those
6 times to treat each other like Ray treated all of
7 us.
8 God bless you, Ray.
9 ACTING PRESIDENT GRIFFO: Senator
10 Murphy.
11 SENATOR MURPHY: Thank you,
12 Mr. President.
13 Ray Ray, we miss you already.
14 He's -- some good times I'd like to just
15 reminisce back, I think it was to last year when
16 I -- Senator Akshar and myself actually held up
17 Ray, he had his hands, I had his feet, and we
18 were swinging him back and forth on these late
19 nights here as you get giddy. And it was a
20 special time. He just showed me a picture of it.
21 It was really, really nice.
22 I will make a recommendation.
23 Twenty-five years working here in the New York
24 State Senate, I will make a recommendation that
25 we name that lounge Ray's Senate Lounge.
3836
1 (Applause.)
2 SENATOR MURPHY: Rename that Ray's
3 Senate Lounge. Twenty-five years, his dedication
4 to the Senate, his dedication to making sure all
5 of our needs were taken care of on both sides of
6 the aisle, like it should be.
7 Thank you, Mr. President.
8 Ray, we love you. God bless.
9 ACTING PRESIDENT GRIFFO: Senator
10 Amedore.
11 SENATOR AMEDORE: Mr. President, I
12 just want to give a quick message to Ray, because
13 I know, I believe that he is watching us talk
14 about his life, his service, and what he has done
15 for every one of us members of the New York State
16 Senate.
17 Ray, you have been blessed -- maybe
18 not in the stature and height, but you have been
19 blessed in the way that you have made all of our
20 lives a -- made a big difference for us. From a
21 new member to a veteran member, you have served
22 us all. And I know that you have been
23 instrumental on helping us just bring some levity
24 as well as some stability. Because in the late
25 hours of the night, you're there with us, you are
3837
1 feeding us, you are making sure that we have the
2 things that we like.
3 And I believe that you will have a
4 large mansion in the Land of Glory because of
5 your love that you've given to all of us.
6 So God bless you, Ray. Keep up, be
7 strong, keep the faith.
8 ACTING PRESIDENT GRIFFO: Senator
9 Montgomery.
10 SENATOR MONTGOMERY: Thank you,
11 Mr. President.
12 I want to thank all of my colleagues
13 for the wonderful memories and stories and
14 vignettes.
15 And to Ray, you have heard everyone
16 talk so lovingly about you, I'm sure it must be a
17 little bit of a surprise to know how closely we
18 paid attention to all of your words and your
19 moves and how much you loved us. We have
20 received your love, and we certainly appreciate
21 it. We want to express it today.
22 And today from each of us, I think,
23 we are giving you back our love to say how much
24 we appreciate you and thank you so much for being
25 such a good friend and showing us that we are all
3838
1 equal in the eyes of God, you and all of us.
2 Thank you, and God bless you, Ray.
3 Thank you, Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Hamilton.
6 SENATOR HAMILTON: Yes,
7 Mr. President, I rise to pay tribute and say,
8 Ray, wishing you the best.
9 Ray was a great human being. As
10 elected officials, we meet many people, and there
11 are a few people who we really care about and
12 they care about us.
13 And there's an expression, you don't
14 miss a good thing until it's gone. And now I go
15 into the lounge, it's like a -- there's something
16 missing, something of someone who's caring about
17 you, someone who's always laughing with you,
18 someone who's always giving you what you want.
19 And when I first came here, I was
20 intimidated, coming here for the first time, and
21 Ray was a person who made me feel at home. The
22 second time I came here and felt a little bit
23 uneasy was when I joined the IDC and people who I
24 would speak to, who I spoke to before, wouldn't
25 say hello.
3839
1 And Ray said to me, he said, "You
2 know what, Senator, what really matters is that
3 you love your family and take care of your
4 children. Because everything else is that
5 superficial."
6 And so I say to Ray, thank you for
7 saying -- keeping me in the lounge and keeping me
8 always fed and keeping me always at ease. And so
9 he in a way was my therapist. You know, not
10 realizing it, if you had a situation where you
11 felt upset, you went into the lounge, Ray made it
12 his business to make sure you walked out of there
13 feeling good. Feeling fed, nurtured, and
14 mentally feeling at ease.
15 And so for him, I praise him that
16 when I walked into that lounge, I knew I would
17 leave there feeling at ease and feeling good to
18 come back into the chamber, especially during the
19 budget time when we're here late nights.
20 So I just want to say God bless you,
21 Ray. I wish you the best. And God bless you and
22 your family.
23 Thank you.
24 ACTING PRESIDENT GRIFFO: Senator
25 O'Mara.
3840
1 SENATOR O'MARA: Thank you,
2 Mr. President.
3 I rise to also pay tribute to Ray
4 for his 25 years of service throughout the years
5 to all of us here in the Senate. His stories of
6 being a Hibernian that we relished, as I am
7 myself, his great involvement in that
8 organization and all the fine work he's done with
9 that, I want to thank him for also.
10 Ray, we certainly miss you here in
11 the Senate. Godspeed to you. And from one
12 brother Hibernian to another, {in Gaelic}.
13 ACTING PRESIDENT GRIFFO: We thank
14 Senator Flanagan for putting forward this
15 privileged resolution and for all the members
16 today recollecting and expressing some of their
17 fond and shared experiences with Ray and sending
18 him so many good wishes.
19 We just want to remind Ray that he
20 is in our thoughts and prayers, and as a man of
21 faith, to leave him with another reading to keep
22 to his heart. From Deuteronomy, "The Lord
23 himself goes before you and will be with you; he
24 will never leave you nor forsake you."
25 The question is on the resolution.
3841
1 All in favor say aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT GRIFFO: Opposed?
4 (No response.)
5 ACTING PRESIDENT GRIFFO: The
6 resolution is adopted, and all members will be
7 listed as cosponsors.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Yes, I wish
10 to call up Bill Print Number 6549, by Senator
11 Flanagan, recalled from the Assembly, which is
12 now at the desk.
13 ACTING PRESIDENT GRIFFO: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 1504, by Senator Flanagan, Senate Print 6549, an
17 act to amend the Highway Law.
18 SENATOR DeFRANCISCO: I now move to
19 reconsider the vote by which this bill was
20 passed.
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will call the roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 SENATOR DeFRANCISCO: I now offer
3842
1 the following amendments.
2 ACTING PRESIDENT GRIFFO: The
3 amendments are received.
4 SENATOR DeFRANCISCO: Please
5 recognize Senator Valesky.
6 ACTING PRESIDENT GRIFFO: Senator
7 Valesky.
8 SENATOR VALESKY: Thank you,
9 Mr. President.
10 I wish to call up Senator Peralta's
11 bill, Print 5754, recalled from the Assembly,
12 which is now at the desk.
13 ACTING PRESIDENT GRIFFO: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 976, by Senator Peralta, Senate Print 5754, an
17 act to direct.
18 SENATOR VALESKY: I now move to
19 reconsider the vote by which the bill was passed.
20 ACTING PRESIDENT GRIFFO: The
21 Secretary will call the roll on reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 SENATOR VALESKY: I now offer the
25 following amendments.
3843
1 ACTING PRESIDENT GRIFFO: The
2 amendments are received.
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Yes, I now
5 move to adopt the Resolution Calendar, with the
6 exception of Resolutions 2792 and 2808.
7 ACTING PRESIDENT GRIFFO: All in
8 favor of adopting the Resolution Calendar, with
9 the exception of Resolutions 2792 and 2808,
10 signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT GRIFFO: Opposed?
13 (No response.)
14 ACTING PRESIDENT GRIFFO: The
15 Resolution Calendar is adopted as indicated.
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: Can we now
18 take up Resolution 2322, title only, and call on
19 Senator Tedisco.
20 ACTING PRESIDENT GRIFFO: The
21 Secretary will read.
22 THE SECRETARY: Legislative
23 Resolution Number 2322, by Senator Tedisco,
24 commending Marshall G. Jones, Ph.D., upon the
25 occasion of his induction into the National
3844
1 Inventors Hall of Fame.
2 ACTING PRESIDENT GRIFFO: Senator
3 Tedisco.
4 SENATOR TEDISCO: Thank you,
5 Mr. President.
6 Mr. President and my colleagues, up
7 in the balcony before you I would like to
8 introduce to you an outstanding man, an
9 individual who has achieved unbelievable
10 successes. I'm truly honored and privileged to
11 have with us today Dr. Marshall G. Jones from
12 Glenville, my hometown, who has been inducted
13 into the National Inventors Hall of Fame, an
14 unbelievable achievement.
15 Dr. Jones spent his early years
16 growing up on a duck farm on Long Island.
17 Throughout his life, he has overcome many
18 obstacles to get to where he is today.
19 After a distinguished 43-year career
20 in the field of engineering, Dr. Jones was
21 selected for his significant contributions to
22 manufacturing and engineering. He is actually
23 credited with pioneering the use of lasers for
24 industrial materials. Dr. Jones also holds more
25 than 50 domestic patents and 31 foreign patents
3845
1 in this particular industry.
2 He is also a big supporter of STEM
3 initiatives. He regularly travels to schools
4 throughout the country, educating children about
5 lasers, and sharing his inspirational story.
6 The inventors listed with him in the
7 National Hall of Fame include names like Thomas
8 Edison, George Eastman, and Alexander Graham
9 Bell. That is tantamount to being a basketball
10 player and being named in the same breath as
11 James and Durant. Unbelievable, outstanding
12 giants, and he is now among them.
13 In addition to his inventions and
14 patents, Dr. Jones has authored a book, Never
15 Give Up: The Marshall Jones Story, about his
16 life.
17 I'm honored and proud to welcome and
18 introduce Dr. Marshall G. Jones to the Senate
19 chambers today.
20 Doctor, if you would stand, I would
21 ask you, Mr. President, to welcome him, to
22 congratulate him, to thank him for visiting here
23 today, and provide him all the cordialities of
24 this august Senate body.
25 ACTING PRESIDENT GRIFFO: As
3846
1 previously indicated, the resolution was adopted
2 on May 23rd of 2017.
3 Dr. Jones, we extend a warm welcome
4 to you. We congratulate you on such a distinct
5 honor. We appreciate your presence in the
6 chamber today and extend all the courtesies of
7 the house to you.
8 Let's recognize Dr. Jones.
9 (Standing ovation.)
10 ACTING PRESIDENT GRIFFO: Senator
11 DeFrancisco.
12 SENATOR DeFRANCISCO: Could you
13 please take up previously adopted
14 Resolution 2228, by Senator Kennedy, read the
15 title only, and call on Senator Kennedy for some
16 brief remarks.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 2228, by Senator Kennedy,
21 commending Community Beer Works upon the occasion
22 of winning the 2017 TAP New York Governors'
23 Brewers' Cup.
24 ACTING PRESIDENT GRIFFO: Senator
25 Kennedy.
3847
1 SENATOR KENNEDY: Thank you,
2 Mr. President.
3 I rise today to commemorate
4 Community Beer Works of Buffalo on their
5 contribution to the local and state economies and
6 recognize their achievements in beer and food
7 festivals across the state. Community Beer Works
8 was founded five years ago in April 2012 by Ethan
9 Cox, Dan Conley, and Gregory Patterson-Tanski.
10 Ethan Cox is here us with us today
11 in the chamber. Welcome.
12 Community Beer Works started by
13 offering their beers at Cole's and Mr. Goodbar on
14 Elmwood Avenue in Buffalo, two staples in the
15 community. Since then, they've proven their
16 skill and craftsmanship by winning multiple
17 awards in competitions throughout the state.
18 In April of this year, Community
19 Beer Works won the Governors' Cup at the 2017 TAP
20 New York Craft Beer and Food Festival. This
21 award recognizes the brewery with the best
22 individual beer in the State of New York.
23 The TAP New York Craft Beer and Food
24 Festival began in 1998 as a festival in just the
25 Hudson Valley. Now this puts breweries from the
3848
1 tip of Long Island all the way to Buffalo on
2 display, to show off this unique and popular
3 industry. At this year's festival, more than
4 120 breweries participated, featuring over
5 400 different individual beers.
6 In 2013, Community Beer Works won
7 second place in the Brewing News National IPA
8 Championship.
9 Community Beer Works has been a
10 model for business success in Buffalo, helping to
11 pave the way for the breweries and distilleries
12 that have followed. Community Beer Works staff
13 have not only served the people of Buffalo, but
14 they've been pioneers in their craft. They've
15 been instrumental in making Buffalo a brewery-
16 and distillery-friendly city that welcomes these
17 small businesses and the craft scene as a whole.
18 Their model of fantastic
19 entrepreneurial management has been exemplary,
20 and the guys at Community Beer Works continue to
21 grow and innovate. They opened a small satellite
22 brewery at the Hydraulic Hearth in Buffalo's
23 Larkinville neighborhood, and soon will be
24 opening the first brewery in the City of
25 Niagara Falls in 75 years.
3849
1 On top of that, they're not
2 forgetting their home neighborhood on Buffalo's
3 West Side. They'll be renovating a 14,000 square
4 foot building into a brewery, packaging center,
5 and taproom, along with an outdoor beer garden.
6 So to Ethan and the rest of the
7 team, congratulations on your success, cheers to
8 many, many more, and thank you for what you've
9 given to our community -- beer.
10 Congratulations.
11 (Applause.)
12 ACTING PRESIDENT GRIFFO: Mr. Cox,
13 welcome here.
14 The resolution was passed on
15 May 23rd of 2017.
16 We congratulate you on the New York
17 Brewers' Cup award that you received, and we
18 welcome all the New York State brewers who are
19 here tonight. Thank you.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: Can we now
22 take up Resolution 2792, by Senator Peralta, read
23 the title only, and call on Senator Peralta.
24 ACTING PRESIDENT GRIFFO: The
25 Secretary will read.
3850
1 THE SECRETARY: Legislative
2 Resolution Number 2792, by Senator Peralta,
3 commemorating the 207th anniversary of Colombia's
4 Declaration of Independence on July 20, 2017.
5 ACTING PRESIDENT GRIFFO: Before I
6 call on Senator Peralta, I just want to let every
7 member know that both the Kennedy resolutions are
8 open for cosponsorship. Should you choose to be
9 a cosponsor, please notify the desk.
10 Senator Peralta.
11 SENATOR PERALTA: Thank you,
12 Mr. President.
13 This year we'll be celebrating the
14 207th year of Colombia's independence. Colombia
15 is recognized by many as the oldest democracy in
16 Latin America. Colombians celebrate each
17 Independence Day on the 20th of July. This is
18 the date Colombia commemorates the Declaration of
19 Independence of 1810.
20 More than two centuries ago, the
21 citizens of Bogota, Colombia's capital,
22 established the first representative council,
23 which led to Colombia's very first national
24 government. Independence did not come that same
25 day; it took Colombia another nine years to
3851
1 obtain full independence from Spain. The
2 struggle was led by Simón Bolívar, El Libertador.
3 Victory was declared in August of 1819.
4 Since then, Colombians celebrate
5 every year the first Grito de Independencia, or
6 cry of independence.
7 My district is home to many
8 Colombian restaurants, including La Pequeña
9 Colombia, or Little Colombia. It is located in
10 the heart of my district in Jackson Heights,
11 where generations of Colombian families grew up
12 and still call home.
13 One of these families is the family
14 of actor and comedian John Leguizamo, who went to
15 I.S. 145, just a few blocks from my house.
16 Today, approximately 25,000
17 Colombians live in my district, which as many of
18 you know, I call the United Nations of all Senate
19 districts. Colombians have contributed to make
20 New York what it is today -- a vibrant, friendly,
21 multicultural city.
22 By way of this resolution,
23 Mr. President, we extend our best wishes to our
24 Colombian-American friends across the city and
25 the state.
3852
1 Thank you very much, Mr. President.
2 ACTING PRESIDENT GRIFFO: Thank
3 you, Senator Peralta.
4 The question is on the resolution.
5 All in favor say aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT GRIFFO: Opposed?
8 (No response.)
9 ACTING PRESIDENT GRIFFO: The
10 resolution is adopted.
11 And Senator Peralta has opened up
12 the resolution for cosponsorship. If you choose
13 to be a cosponsor, please notify the desk.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: On page 33, I
16 offer the following amendments to Calendar 777,
17 Senate Print 5309, by Senator Ritchie, and ask
18 that said bill retain its place on the Third
19 Reading Calendar.
20 ACTING PRESIDENT GRIFFO: The
21 amendments are received, and the bill shall
22 retain its place on third reading.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: Could you now
25 take up the noncontroversial reading.
3853
1 ACTING PRESIDENT GRIFFO: The
2 Secretary will begin the noncontroversial
3 reading.
4 THE SECRETARY: Calendar Number 74,
5 by Senator Carlucci, Senate Print 711, an act to
6 amend the Penal Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 120th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Krueger to explain her vote.
16 SENATOR KRUEGER: Thank you,
17 Mr. President.
18 I'm voting no on this bill because
19 while certainly we don't want anyone stealing
20 service -- in this case it would be not paying
21 their toll at a toll site -- this bill would
22 actually, on a second time through without paying
23 your toll, open you up to a felony conviction, up
24 to four years in jail.
25 So I think everyone should pay their
3854
1 toll, whether it's a cash toll or an E-ZPass
2 payment, but I really think we've gone a step
3 beyond when we're talking about felony conviction
4 and prison time for a second-time failure to pay
5 something.
6 I vote no, Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Krueger to be recorded in the negative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 74, those recorded in the negative are
12 Senators Benjamin, Dilan, Hoylman, Krueger,
13 Montgomery, Parker, Rivera, Sanders and Squadron.
14 Ayes, 54. Nays, 9.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 100, by Senator Felder, Senate Print 1110, an act
19 to amend the Education Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of April.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3855
1 (The Secretary called the roll.)
2 ACTING PRESIDENT GRIFFO: Senator
3 Bailey to explain his vote.
4 SENATOR BAILEY: Yes,
5 Mr. President, very briefly.
6 I think this is overall a good bill,
7 I just think we should look at -- and I would
8 encourage the sponsor into looking into expanding
9 this to possibly include CUNY.
10 That's pretty much it. Thank you.
11 ACTING PRESIDENT GRIFFO: Senator
12 Bailey in the affirmative?
13 SENATOR BAILEY: Yes.
14 ACTING PRESIDENT GRIFFO: Announce
15 the results.
16 THE SECRETARY: Ayes, 62. Nays, 1.
17 Senator Ranzenhofer recorded in the negative.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 278, substituted earlier by Member of the
22 Assembly Magee, Assembly Print 4972A, an act to
23 amend the Alcoholic Beverage Control Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3856
1 THE SECRETARY: Section 5. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62. Nays, 1.
7 Senator Díaz recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 378, by Senator LaValle, Senate Print 2980, an
12 act to amend the Real Property Tax Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect January 1, 2018.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60. Nays, 3.
21 Senators Bonacic, DeFrancisco and Ranzenhofer
22 recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3857
1 418, by Senator Little, Senate Print 5141, an act
2 to amend Private Housing Finance Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 491, by Senator Alcantara, Senate Print 1342A, an
15 act to amend the Penal Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 180th day.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GRIFFO: Senator
24 Parker to explain his vote.
25 SENATOR PARKER: To explain my
3858
1 vote, Mr. President.
2 One, let me just thank the sponsor
3 for her concern on this issue.
4 The issue of gang violence and gang
5 activity in particularly New York City has -- is
6 out of control, and it's certainly something that
7 we really need to address. I certainly don't
8 question the sponsor's motives, but just somewhat
9 disagree on how we address it.
10 I think that continuing to
11 criminalize and create criminal sanctions around
12 gang activities is not the way that we need to
13 go. We need to engage our young people in school
14 and out of school, and we need more school-based
15 athletics, we need more beacon schools and
16 community schools, we need to put more money into
17 youth development throughout the State of New
18 York, but particularly in the City of New York,
19 where we have this problem.
20 And so I would love to work with the
21 members of this chamber to in fact come up with
22 some different solutions, particularly as relates
23 around the budget. And so although I am
24 regrettably voting no on this bill, I am looking
25 forward to working with the sponsor and others on
3859
1 a solution to the serious gang problem that we
2 have in the City of New York.
3 ACTING PRESIDENT GRIFFO: Senator
4 Parker to be recorded in the negative.
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar 491, those recorded in the negative are
8 Senators Benjamin, Comrie, Dilan, Montgomery and
9 Parker.
10 Ayes, 58. Nays, 5.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 515, by Senator Ranzenhofer, Senate Print 3709,
15 an act to amend the Elder Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3860
1 THE SECRETARY: Calendar Number
2 531, by Senator Griffo, Senate Print 2420B, an
3 act to amend the General Municipal Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of January.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 566, by Senator Golden, Senate Print 5130, an act
16 to amend the Retirement and Social Security Law.
17 ACTING PRESIDENT GRIFFO: There is
18 a home-rule message at the desk.
19 The Secretary will read the last
20 section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3861
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 579, by Senator Croci, Senate Print 5305A, an act
6 authorizing.
7 SENATOR DeFRANCISCO: Lay the bill
8 aside for the day, please.
9 ACTING PRESIDENT GRIFFO: Lay it
10 aside for the day.
11 THE SECRETARY: Calendar Number
12 716, by Senator Hannon, Senate Print 2271, an act
13 to amend the Public Health Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 747, by Senator Hannon, Senate Print 2243, an act
3862
1 to amend the Executive Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: In relation to
10 Calendar 747, those recorded in the negative are
11 Senators DeFrancisco, Hoylman and Ranzenhofer.
12 Ayes, 60. Nays, 3.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO:
17 Mr. President, can I interrupt the calling of the
18 noncontroversial calendar. Would you please
19 recognize Senator Valesky for a motion.
20 ACTING PRESIDENT GRIFFO: Senator
21 Valesky.
22 SENATOR VALESKY: Thank you,
23 Mr. President.
24 On behalf of Senator Avella, on
25 page 86 I offer the following amendments to
3863
1 Calendar 1550, Senate Bill 4833, and ask that
2 said bill retain its place on the Third Reading
3 Calendar.
4 ACTING PRESIDENT GRIFFO: We have
5 returned to motions and resolutions.
6 The amendments are received, and the
7 bill retains its place on third reading.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Could you
10 continue the reading of the noncontroversial
11 calendar.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will continue the reading of today's
14 active list, noncontroversial.
15 THE SECRETARY: Calendar Number
16 778, by Senator Klein, Senate Print 5664B, an act
17 to amend the Agriculture and Markets Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 180th day.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 63.
3864
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 779, by Senator Murphy, Senate Print 4395, an act
5 to amend the Administrative Code of the City of
6 New York.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 SENATOR GIANARIS: Lay it aside.
10 ACTING PRESIDENT GRIFFO: Lay it
11 aside.
12 SENATOR DeFRANCISCO: Lay it aside
13 for the day.
14 ACTING PRESIDENT GRIFFO: Lay it
15 aside for the day.
16 THE SECRETARY: Calendar Number
17 791, by Senator DeFrancisco, Senate Print 5007,
18 an act in relation to authorizing.
19 ACTING PRESIDENT GRIFFO: There is
20 a home-rule message present at the desk.
21 The Secretary will read the last
22 section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
3865
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 817, by Senator Larkin, Senate Print 5401, an act
7 to amend the Alcoholic Beverage Control Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 63.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Excuse me. Ayes
19 62. Nays, 1. Senator Díaz recorded in the
20 negative.
21 ACTING PRESIDENT GRIFFO: The bill
22 is still passed.
23 THE SECRETARY: Calendar Number
24 866, by Senator LaValle, Senate Print 3177, an
25 act to amend the Environmental Conservation Law.
3866
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GRIFFO: Senator
9 Krueger to explain her vote.
10 SENATOR KRUEGER: Thank you,
11 Mr. President.
12 I keep seeing this bill over time,
13 or variations on it.
14 So we at one time passed a law that
15 limited the size of commercial fishing ships. We
16 then grandfathered in people who own their ships.
17 We then started to make exceptions to allow
18 people to replace their ships with a new ship in
19 violation of the size for the state law.
20 Either there's something wrong with
21 the state law or there's not, but I really do not
22 understand the process of making exceptions for
23 certain people in commercial fishing but not
24 others, or somehow treating this as if you can
25 just pass laws for individual people with
3867
1 individual ship purchase size needs.
2 I don't think it's the right way to
3 approach legislation. I'm going to vote no,
4 Mr. President.
5 ACTING PRESIDENT GRIFFO: Senator
6 Krueger to be recorded in the negative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar 866, those recorded in the negative are
10 Senators Hoylman, Krueger, Sanders and Serrano.
11 Ayes, 59. Nays, 4.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 895, by Senator Bonacic, Senate Print 3898A, an
16 act to amend the Racing, Pari-Mutuel Wagering and
17 Breeding Law.
18 SENATOR GIANARIS: Lay it aside.
19 ACTING PRESIDENT GRIFFO: Lay it
20 aside.
21 THE SECRETARY: Calendar Number
22 931, by Senator Ritchie, Senate Print 728, an act
23 to amend the Agriculture and Markets Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3868
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62. Nays, 1.
7 Senator Montgomery recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 954, by Senator Young, Senate Print 856, an act
12 to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 120th day.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT GRIFFO: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 954, those recorded in the negative are
24 Senators Bailey, Hoylman, Krueger, LaValle,
25 Rivera, Serrano and Stavisky.
3869
1 Ayes, 56. Nays, 7.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1008, by Senator Lanza, Senate Print 4062, an act
6 to amend the Tax Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect July 1, 2017.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Krueger to explain her vote.
16 SENATOR KRUEGER: Thank you,
17 Mr. President.
18 This is yet another bill to reduce
19 funds for the MTA.
20 Lots of people don't like the
21 commuter tax for lots of reasons. I certainly
22 hope we're going to see a bill soon that will
23 come up with the revenue that the MTA needs as we
24 cut their revenue piece by piece by piece with
25 these individual slashing-MTA-funds bills.
3870
1 So until I see an alternative way
2 being provided in this legislative home to fund
3 the MTA, I will continue to vote against these
4 bills that do away with selected universes within
5 the MTA commuter transportation mobility tax.
6 I vote no, Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Krueger to be recorded in the negative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 1008, those recorded in the negative are
12 Senators Alcantara, Dilan, Hoylman, Krueger,
13 Parker, Persaud, Rivera, Sanders and Squadron.
14 Also Senator Gianaris. Also Senator Díaz.
15 Ayes, 52. Nays, 11.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 Senator DeFrancisco.
19 SENATOR DeFRANCISCO: Yes, I would
20 request that we stop the noncontroversial reading
21 and go directly to a bill later on in the
22 calendar. And if I can find it, I'll tell you
23 which one it is.
24 ACTING PRESIDENT GRIFFO: We will
25 suspend the current reading of the active list,
3871
1 noncontroversial.
2 SENATOR DeFRANCISCO: If we can do
3 1506, Calendar Number 1506, please.
4 ACTING PRESIDENT GRIFFO: The
5 Secretary will call up Calendar Number 1506.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1506, by Senator Flanagan, Senate Print 6567, an
9 act to amend the Education Law.
10 SENATOR GIANARIS: Lay it aside.
11 ACTING PRESIDENT GRIFFO: Lay it
12 aside.
13 SENATOR DeFRANCISCO: Can we take
14 that bill up now, please.
15 ACTING PRESIDENT GRIFFO: The
16 Secretary will ring the bell.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1506, by Senator Flanagan, Senate Print 6567, an
20 act to amend the Education Law.
21 ACTING PRESIDENT GRIFFO: Can we
22 have some order in the house, please.
23 Somebody have a question?
24 Senator Hoylman.
25 SENATOR HOYLMAN: May I have an
3872
1 explanation, please?
2 ACTING PRESIDENT GRIFFO: Senator
3 Hoylman requests an explanation.
4 Senator Flanagan.
5 SENATOR FLANAGAN: Thank you,
6 Mr. President.
7 This is one of three bills that
8 we'll be taking up that extends mayoral control
9 for -- this initial bill is for a year. And
10 there are other components in here affecting
11 other aspects of public education for the
12 children of the City of New York.
13 ACTING PRESIDENT GRIFFO: Senator
14 Hoylman.
15 SENATOR HOYLMAN: Would the sponsor
16 yield to some questions.
17 ACTING PRESIDENT GRIFFO: Senator
18 Flanagan, do you yield?
19 SENATOR FLANAGAN: Yes.
20 SENATOR HOYLMAN: Thank you.
21 Through you, Mr. President.
22 How is this bill different than the
23 other two bills we're considering in connection
24 with mayoral control? And let me first say it's
25 an honor to ask you these questions on the floor,
3873
1 Senator. Sincerely.
2 SENATOR FLANAGAN: You might want
3 to wait to hear my answers first, though.
4 (Laughter.)
5 SENATOR HOYLMAN: I mean that
6 sincerely.
7 SENATOR FLANAGAN: No, Senator
8 Hoylman, I would say -- I know we're speaking
9 about one bill in particular. I'm going to give
10 you my own characterization, which I think is
11 relatively accurate.
12 The first bill is a one-year
13 extender with other components. The second bill
14 is a two-year extender with very similar
15 components, if not identical. And the third bill
16 is a five-year extension of mayoral control with
17 additional components that do not exist in the
18 first two bills.
19 SENATOR HOYLMAN: Will the sponsor
20 continue to yield?
21 SENATOR FLANAGAN: Yes.
22 ACTING PRESIDENT GRIFFO: The
23 sponsor yields.
24 SENATOR HOYLMAN: I'm curious to
25 know if there's any precedent in the Senate
3874
1 passing three simultaneous versions on a single
2 issue like mayoral control that are demonstrably
3 different.
4 SENATOR FLANAGAN: Well, I'm not
5 sure that I would agree with the characterization
6 that they're demonstrably different. There's a
7 number of facets that are similar in each of the
8 three pieces of legislation.
9 And to your question, yes, I believe
10 there are -- I can recall various iterations on
11 mayoral control that go back to the creation of
12 mayoral control, when Mayor Bloomberg was mayor
13 of the City of New York.
14 SENATOR HOYLMAN: Will the sponsor
15 continue to yield?
16 SENATOR FLANAGAN: Yes.
17 ACTING PRESIDENT GRIFFO: The
18 sponsor yields.
19 SENATOR HOYLMAN: Thank you.
20 Through you, Mr. President.
21 What would be the impact of us
22 passing all three versions today simultaneously,
23 different bills with different lengths of mayoral
24 control? Which one do we support?
25 SENATOR FLANAGAN: Well, I'm
3875
1 supporting all three. I'm not going to speak for
2 anyone else, but I'm supporting all three.
3 And let me fundamentally demonstrate
4 to our colleagues -- I know Senator Felder is the
5 sponsor of at least one of these pieces of the
6 legislation.
7 There's a lot of hullabaloo and
8 misconceptions. Senator Hoylman, neither you nor
9 anyone else could find a time or place where I
10 said I don't believe in mayoral control. I've
11 said unequivocally that I believe in mayoral
12 control. And I don't care if it's Giuliani,
13 Bloomberg, de Blasio, whoever it may be sitting
14 in that office, I believe that the mayor should
15 ultimately be responsible for the good parts and
16 whatever negative parts there may be.
17 And from a historical perspective,
18 I'm going to add that I think I'm one of the few
19 people that says this. The person who is the
20 catalyst and the architect of mayoral control was
21 really Mayor Giuliani, but he didn't get it done.
22 He didn't get it done. Mayor Bloomberg is the
23 one who was able to drive it across the finish
24 line, and of course in accord with the Senate and
25 the Assembly and the Executive here.
3876
1 But if we look back from a
2 historical perspective, there have been various
3 different pieces of legislation. We had mayoral
4 control at its inception. We had mayoral control
5 in its renewal. And the last time there was a
6 renewal, there was at least one, four or five
7 years. If I'm off by a year, I apologize. But
8 that entailed many, many, many meetings, many,
9 many visits, many, many hearings, particularly by
10 the State of New York Assembly, when Mayor
11 Bloomberg was the mayor of the City of New York.
12 So I plan on voting for all three.
13 SENATOR HOYLMAN: If the sponsor
14 would continue to yield.
15 SENATOR FLANAGAN: Yes.
16 ACTING PRESIDENT GRIFFO: The
17 sponsor yields.
18 SENATOR HOYLMAN: If the sponsor
19 unequivocally supports mayoral control for the
20 City of New York, why the different versions?
21 Why not just a straight extender? Why the
22 extraneous issues of charter schools and
23 education tax credits?
24 SENATOR FLANAGAN: Therein lies the
25 rub. The word "extraneous" I completely and
3877
1 utterly disagree with.
2 There are roughly 1.1 million
3 students in the City of New York -- and if I'm
4 wrong on my statistics, I'm sure I will be
5 corrected. But there's certainly north of a
6 million children in the City of New York.
7 And while everybody talks about
8 these types of issues, I always marvel, I always
9 marvel at the fact that people talk about charter
10 schools as if they're from some Third World
11 country. These are public schools, by definition
12 and by operation of law.
13 There are about 100,000 students in
14 charter schools already. I know unequivocally --
15 I'll use the word again -- that there are over
16 40,000 children who are on waiting lists to try
17 and get into charter schools. And when I meet
18 and I see the parents of these children, what
19 they're begging, begging and clamoring for, is
20 opportunity, access, and the same type of
21 education that my three kids got in the great
22 public schools that they attended.
23 So extraneous, that's your
24 interpretation. "Integral" would be the word I
25 would use.
3878
1 SENATOR HOYLMAN: Will the sponsor
2 continue to yield?
3 SENATOR FLANAGAN: Yes.
4 ACTING PRESIDENT GRIFFO: The
5 sponsor yields.
6 SENATOR HOYLMAN: But again, if we
7 passed only on the issue of charters for another
8 day -- which is a worthy debate in and of itself,
9 I think we can agree on that -- isn't the
10 fundamental issue to the sponsor the question of
11 whether mayoral control, whether control of the
12 New York City public school system, whether the
13 results that have been borne out by mayoral
14 control are worthy of an extension?
15 I again fail to see the connection
16 between charter schools and mayoral control.
17 SENATOR FLANAGAN: Senator Hoylman,
18 I'm going to maybe turn it around a little. Let
19 me ask you, if I may. And I want to respond to
20 your question. To me, it's hand in glove. They
21 go together.
22 So if I may, would Senator Hoylman
23 yield?
24 SENATOR HOYLMAN: Oh. Yes.
25 ACTING PRESIDENT GRIFFO: Senator
3879
1 Hoylman yields.
2 SENATOR HOYLMAN: It's an honor.
3 SENATOR FLANAGAN: Senator Hoylman,
4 do you believe that charter schools are public
5 schools?
6 SENATOR HOYLMAN: Yes.
7 SENATOR FLANAGAN: Do you believe
8 that the children that attend those schools
9 deserve the same quality education that you want
10 for your family and that I want for my own?
11 SENATOR HOYLMAN: Yes, I believe
12 that they should be -- they are public schools.
13 And like public schools, charter schools should
14 receive the same amount of scrutiny and
15 regulation and accountability and transparency
16 that we impose on our public school system.
17 That's why we in the Senate Democratic Conference
18 introduced a bill to that effect, which I hope we
19 can bring to the floor for consideration before
20 the session is out.
21 SENATOR FLANAGAN: Do you believe
22 that the mayor of the City of New York has
23 oversight and control of charter schools under
24 the rubric of mayoral control?
25 SENATOR HOYLMAN: I believe, if I
3880
1 may, that charter schools have a special
2 relationship with our public education system
3 that demands we provide actually more scrutiny,
4 more transparency. They draw at least a billion
5 dollars' worth of public education funds from the
6 traditional public schools. I think we, as
7 government officials who represent constituents,
8 and as parents -- I have a daughter in the
9 New York City public school system -- need to
10 know where that money is going and how it's being
11 spent and ensure that contracts are being made
12 that are aboveboard and worthy of the great State
13 of New York.
14 So yes, the mayor has oversight over
15 the charter school system. That said, we know
16 that there are particular exceptions and that
17 charter schools are not subject to every rule and
18 regulation that our traditional public schools
19 are, which at times can create confusion and
20 disagreement among our colleagues.
21 SENATOR FLANAGAN: If the Senator
22 would continue to yield.
23 ACTING PRESIDENT GRIFFO: Senator
24 Hoylman, do you continue to yield?
25 SENATOR HOYLMAN: Yes, but only if
3881
1 I can get back to my questions.
2 ACTING PRESIDENT GRIFFO: You
3 yielded the floor; correct?
4 SENATOR FLANAGAN: This is a
5 colloquy back and forth. I will certainly
6 answer --
7 SENATOR HOYLMAN: I appreciate
8 that.
9 SENATOR FLANAGAN: -- whatever
10 questions there may be. Let me ask you a
11 threshold question.
12 SENATOR HOYLMAN: A what?
13 SENATOR FLANAGAN: I'm going to ask
14 you a threshold question, because I think it may
15 differentiate our fundamental opinions.
16 Do you believe in charter schools at
17 all or, tangentially, would you support
18 legislation to repeal the existence of charter
19 schools?
20 SENATOR HOYLMAN: Oh, I believe
21 that charter schools have their place in our
22 education system. They have shown positive
23 results.
24 I would say that in some instances
25 they are a shoehorn to the privatization of our
3882
1 public education system. We saw in Michigan,
2 under the campaign that Betsy DeVos and her
3 family has engineered in that state, they began
4 with a charter school mandate which has now
5 resulted in a voucher system, and you've seen the
6 results of both charter schools and the public
7 voucher system there plummet as a result.
8 So I think we have to approach this
9 issue very carefully. While we recognize the
10 charter school reality -- 10 percent of the
11 New York public school system -- that is the, you
12 know, tail wagging the proverbial dog.
13 Our kids who are in the traditional
14 public school system demand the resources that we
15 should be providing them. Charter schools raise
16 private monies, which are oftentimes
17 unaccountable to us in this chamber. They have
18 hiring practices -- which we're looking to
19 change -- in terms of teacher certification,
20 allowing them to be uncertified for up to three
21 years. And to, you know, continue to collocate
22 in schools when they may have the financing that
23 our traditional public schools don't have.
24 Plus the charter schools have the
25 advantage of selectivity and not having the same
3883
1 requirements in terms of English language
2 learners or students with disabilities or
3 learning disabilities. They are under great
4 pressure.
5 So for us to siphon off resources,
6 as I think this bill points to, is straight out
7 of the Michigan playbook, respectfully, and leads
8 to a system that we see being advocated in
9 Washington, D.C., where we are giving up on our
10 public education in favor of privatization. That
11 is what I'm concerned about. That is what I'm
12 concerned about as a New Yorker, but primarily as
13 a parent of a 6-year-old who graduates first
14 grade next week.
15 So we should approach this issue
16 with public hearings and a great sense of
17 responsibility to the millions of schoolchildren,
18 not just in New York City but across the state.
19 I think that it is -- and I've heard the sponsor
20 say this in the past, one of our fundamental
21 responsibilities is to provide for our public
22 education system. Charter school systems have a
23 place within that system, but they --
24 unregulated, without scrutiny -- can undermine
25 it.
3884
1 SENATOR FLANAGAN: So I would
2 hasten to add a couple of things. First of all,
3 I would -- I don't even need to speak to a
4 charter school parent -- to make a reference as
5 that's the tail wagging the dog, I'm -- frankly,
6 I think that's an insult. Because those same
7 parents want the very quality education that you
8 want for your 6-year-old child and that I wanted
9 for my own children.
10 As regard to a Michigan playbook,
11 honestly, I don't know what the heck you're
12 talking about. I'm the architect of this
13 legislation. The only thing I care about is
14 what's going on in the State of New York. I'm
15 not guided by what's happening in Washington, I'm
16 guided by what's happening here.
17 And what I listen to and what I see
18 and when I meet with thousands of parents on
19 these subjects, if they're doing good things in
20 Michigan, great. If there are things that are
21 going well in the Bronx or Staten Island or
22 Queens or Suffolk County or Nassau County or
23 Westchester County, so be it. I'm focusing on
24 what are we doing for children.
25 Now, by way of example, I would
3885
1 hasten to add that we send roughly $10 billion to
2 the City of New York. And I have said this time
3 and time again, they need the money and they
4 deserve the money. But I'm not going to
5 apologize for one New York minute for asking
6 questions.
7 I'm looking right at Senator
8 Montgomery, a veteran of this State Senate. She
9 has every right to know, as I do and you do,
10 where is money being spent.
11 So let me -- I'm going to ask a very
12 direct question.
13 ACTING PRESIDENT GRIFFO: Do you
14 continue to yield, Senator Hoylman?
15 SENATOR HOYLMAN: Yes.
16 SENATOR FLANAGAN: Senator Hoylman,
17 will you yield, please.
18 SENATOR HOYLMAN: Yes, I do.
19 SENATOR FLANAGAN: I'm going to
20 give an example. The mayor plays an integral
21 role in terms of mayoral control and the
22 interaction between New York City, the New York
23 City Department of Education, and charter school
24 existence.
25 Do you support what the mayor has
3886
1 done on collocation, under which there have been
2 almost 100 applications that the City of New York
3 has denied the ability to collocate and virtually
4 in every single instance they have been
5 overturned by the State Department of Education?
6 I'm not talking about, you know, 5 percent, I'm
7 talking like a hundred percent.
8 So do you support what the mayor
9 has done in rejecting virtually every single
10 application for charter school collocation?
11 SENATOR HOYLMAN: Through you,
12 Mr. President. I think that it's obviously a
13 complicated issue when you're weighing resources
14 and trying to determine whether collocation is
15 acceptable or not. I hear from my
16 constituents -- and I'll tell you this, I don't
17 know how many charter schools the sponsor has in
18 his district. He can explain that, I guess, in a
19 minute when I'm returning to asking questions.
20 But I'll say this, that it is
21 incredibly disconcerting for my constituents who
22 have students in a traditional public school that
23 is collocated with a charter school, to see that
24 the charter school students walk up a different
25 set of stairs, to see that the charter school
3887
1 students may have a yoga studio and they have to
2 double up their lunchroom, to see that the
3 charter school students may have a fancy,
4 well-appointed playground and they have to use an
5 old schoolyard.
6 So it's the resource question that
7 is fundamental. And that's why we should be
8 providing the same amount of scrutiny and
9 accountability and transparency to our charter
10 school system, which we agree is part of our
11 public school system.
12 So the real question, though, is
13 whether we are extending mayoral control. It is
14 a diversion to talk about charter schools.
15 Charter schools have been a part of the New York
16 City school system for years, but the issue at
17 hand is three proposals before us on extending
18 mayoral control.
19 So I think, you know, what -- you
20 know, what make this year's -- if I may ask the
21 sponsor a question.
22 SENATOR FLANAGAN: Absolutely.
23 SENATOR HOYLMAN: What makes this
24 year's consideration of an extension of mayoral
25 control any different than previous years, where
3888
1 this body willingly and enthusiastically extended
2 the provision for mayoral control under Mayor
3 Michael Bloomberg for seven years at two
4 different times? Why is this year different than
5 any other year?
6 ACTING PRESIDENT GRIFFO: Senator
7 Flanagan, do you yield?
8 SENATOR FLANAGAN: Yes, I do.
9 If I am wrong, Senator Hoylman, I
10 will stand corrected. I don't believe we've
11 extended mayoral control for seven years at any
12 time. I believe that we extended it for --
13 SENATOR HOYLMAN: Sorry, six.
14 SENATOR FLANAGAN: Okay. But if
15 we're going to facts, I have been here long
16 enough to understand and know that there was no
17 unmitigated willingness and enthusiasm to extend
18 mayoral control after its first permutation.
19 There were hours and hours and hours and hours of
20 hearings at the time. And there were changes
21 made. Many of those changes came from Senate
22 Democrats who believed that the present system
23 was not working the way they wanted.
24 So willingness and enthusiasm -- you
25 know, when we have dealt with the City of
3889
1 New York and the mayor in particular, Senator
2 Marcellino chairs the Education Committee,
3 Senator Young chairs the Finance Committee. We
4 have actually had a deliberative process which is
5 known as the public hearings throughout the
6 budget. Senator Krueger has spent many, many,
7 many, many hours listening to public testimony,
8 not only on education.
9 But I believe that we have extended
10 mayoral control, and we've kept it on a tight
11 time frame because, frankly, some of us, myself
12 included, are not -- I don't think we have a
13 level of confidence that you do in the present
14 administration in terms of what they're doing.
15 And we can have a philosophical difference, but
16 we have -- no one can suggest for a moment that
17 we have not extended mayoral control, because we
18 have. It may be shorter than some people want,
19 but that's what we ended up enacting, in concert
20 with the Assembly and the Governor.
21 SENATOR HOYLMAN: Would the sponsor
22 continue to yield?
23 ACTING PRESIDENT GRIFFO: Senator
24 Flanagan, do you yield?
25 SENATOR FLANAGAN: Yes.
3890
1 ACTING PRESIDENT GRIFFO: The
2 Senator yields.
3 SENATOR HOYLMAN: I just heard the
4 sponsor say that he doesn't have the same level
5 of confidence that I do in the mayor of the City
6 of New York. But I did want to ask him about the
7 statistics that the City of New York has -- the
8 school system has demonstrated in terms of
9 mayoral control and its effectiveness. The
10 graduation rate is 72.6 percent, the highest it's
11 ever been, even under the previous mayor. The
12 dropout rate is 8.5 percent, the lowest it's ever
13 been. The highest-ever postsecondary enrollment
14 rate is current, 55 percent under the Class of
15 2015. The highest-ever number of New York City
16 students are taking and passing advanced
17 placement exams in 2016, with an 8.4 percent
18 jump. Test scores are increasing steadily. For
19 the first time, English test scores are better
20 than the state's. Crime in the school is at
21 historic lows. The highest number of arts
22 teachers in 11 years. Hundreds of new guidance
23 counselors. The department has opened up 88 new
24 bilingual programs. The results seem to speak
25 for themselves.
3891
1 I want to ask the sponsor, why does
2 he not have confidence in the mayor's control of
3 the public school system with those tremendous
4 results, some of which I have read to you?
5 ACTING PRESIDENT GRIFFO: Senator
6 Flanagan.
7 SENATOR FLANAGAN: Thank you,
8 Mr. President.
9 Senator Hoylman, I think we're going
10 to have a difference of opinion. I'm going to
11 give a couple of examples. I'm not going to
12 assert numbers, and frankly I'm not going to
13 quibble with what you just outlined.
14 If I look at how things have been
15 done through the budgetary process and
16 thereafter, I want to know where the money is
17 going. I want to know is it being spent in
18 schools where there's a higher proportion of
19 homeless students, ESL, students with
20 disabilities, all those factors. And frankly,
21 the administration has been quite slow and
22 recalcitrant, in my opinion, in providing us
23 information, and it took a lot of work to get
24 stuff -- and by the way, let me be clear, not
25 only from my Republican colleagues but my
3892
1 Democratic colleagues, both in the Senate and the
2 Assembly.
3 I'm just giving you an unvarnished
4 opinion. I'll leave the names out to protect the
5 innocent. I don't think there's a whole bevy of
6 people saying, By golly, this administration has
7 been so incredibly forthcoming; whenever we need
8 stuff, we get answers.
9 And by the way, you asked me about
10 charter schools. For my own districts, I ask
11 questions all the time. I look at indices of
12 poverty, I look at ESL, I look at graduation
13 rates, I look at work after high school,
14 employment after high school, college after
15 high school. So I'm not isolating this to the
16 City of New York.
17 But when we have this magnitude of
18 authority and discretion that we have to deal
19 with, as I said before, I'm not going to
20 apologize, nor should I think anybody would have
21 to, for asking these questions.
22 So fundamentally, again, I believe
23 in mayoral control. Am I thrilled with the job
24 that I would believe that Mayor de Blasio has
25 been doing? No. And you're going to absolutely
3893
1 disagree with me, but that's why we have this
2 deliberative process.
3 SENATOR HOYLMAN: Would the sponsor
4 continue to yield?
5 SENATOR FLANAGAN: Yes.
6 ACTING PRESIDENT GRIFFO: Senator
7 Flanagan yields.
8 SENATOR HOYLMAN: Thank you.
9 Through you, Mr. President.
10 So I have a letter that the sponsor
11 sent to the mayor requesting specific information
12 about results and data and saying that the lack
13 of detail in New York City on how New York City
14 spends -- referencing what the sponsor just
15 said -- almost $9 billion provided to it by the
16 state has been one of the key determining factors
17 in a short-term extension of mayoral control.
18 That was sent May 22, 2017.
19 But I ask the sponsor, why then, if
20 he wants more information for this body, didn't
21 he link an extension of mayoral control to more
22 data or to data that perhaps he and his
23 conference, you know, could use? Why link it to
24 issues like charter schools? If it's about the
25 data, then link mayoral control to the data.
3894
1 SENATOR FLANAGAN: Mr. President,
2 through you. Senator Hoylman, this is where we
3 have a difference. All I'm focused on is the
4 students. The data is helpful, but this is about
5 the kids, plain and simple.
6 And why did I not link -- and by the
7 way, this is not me, this is our conference
8 talking about these issues. Why did we do this?
9 Some of the things that we asked from --
10 SENATOR HOYLMAN: Yes.
11 SENATOR FLANAGAN: Some of the
12 things which we asked the City of New York for,
13 they were obligated to do by law, and they
14 didn't. And they were Obligated to present it in
15 certain forms, and they didn't.
16 So if I'm going to go back and say,
17 hey, Template A was supposed to be used and you
18 decided that B was better because that's what you
19 liked, I'm going back and say, you'd better give
20 me A. You'd better give it to us so we can
21 discern what it means to the constituents that
22 our members represent, as well as you and your
23 own members.
24 SENATOR HOYLMAN: Will the sponsor
25 continue to yield?
3895
1 SENATOR FLANAGAN: Yes.
2 ACTING PRESIDENT GRIFFO: The
3 sponsor yields.
4 SENATOR HOYLMAN: Well, I've spoken
5 to the City of New York, and they say they have
6 provided you with all the information that you
7 requested in various formats. It's over 7,000
8 pages of data.
9 But I'll continue to ask the
10 question as to the two different -- well, I think
11 it's three different parts of the law -- two
12 different parts of the law that we're addressing
13 here in connection with this mayoral control
14 extension. Education Law Sections 2851 through
15 2857; Finance Law Section 179-q.
16 The question I have is what happens
17 on June 30th if we don't renew mayoral control?
18 Has the sponsor considered that?
19 SENATOR FLANAGAN: Mr. President,
20 if I may. Frankly, I'm confused. Senator
21 Hoylman made reference. Are we talking about the
22 bill that's before us? So the sections you're
23 referencing are on Bill 6567?
24 SENATOR HOYLMAN: Yes.
25 SENATOR FLANAGAN: Okay. And, you
3896
1 know, I'm going to put this in a positive vein.
2 I'm going to assume to a degree --
3 assumptions are always dangerous -- that your
4 question is somewhat rhetorical. Because have I
5 contemplated what would happen? As I've had
6 discussions with Senator Lanza, Senator Felder,
7 Senator Golden about what it means not to have
8 mayoral control, you're darn right I have. Darn
9 right I have.
10 And by the way, there are some
11 people sitting on this side of the room who I
12 know -- I know, because I've had some of the
13 those personal conversations -- they'd like to
14 see mayoral control go away. They'd like to see
15 some reversion back to the way things used to be.
16 I'm not opining one way or the other as to the
17 value of that, but I know there are members who
18 want -- Senator Klein, while he's not here at the
19 moment, wants different parental reforms.
20 And yes, I believe -- I may be off
21 by a hair again -- that if we lost mayoral
22 control -- and let me be really clear. I believe
23 we can have mayoral control before we leave here
24 on June 21st. And for anyone who's listening,
25 we're leaving June 21st. And if that doesn't get
3897
1 me a round of applause, nothing will.
2 (Laughter; scattered applause.)
3 SENATOR FLANAGAN: But in all --
4 Senator Hoylman, in all sincerity, they would
5 return -- and I'm going to -- it may be a tad
6 inartful, but we would in essence revert back to
7 an old system and there would have to be a series
8 of elections in November with community boards.
9 And I think the number that I heard is about 243
10 or thereabouts. And I've had legislators come to
11 me and say that would be awesome. That would be
12 awesome.
13 I believe in mayoral control. I
14 want the buck to stop at somebody's desk. And if
15 things are going well, as you touted, then
16 whomever is sitting in that office deserves the
17 credit. If things are not going well, they
18 should be shouldering the blame.
19 SENATOR HOYLMAN: Would the sponsor
20 continue to yield?
21 ACTING PRESIDENT GRIFFO: The
22 sponsor yields.
23 SENATOR FLANAGAN: Yes.
24 SENATOR HOYLMAN: So what does
25 happen is the Board of Education is revived, it's
3898
1 a seven-member board with two appointments by the
2 mayor, five by the borough presidents. In May
3 2018, the community school boards would reawaken,
4 elections would be held among 32 school
5 districts, they'd appoint superintendents. The
6 chancellor would lose her job, and the board
7 would have to appoint a new one.
8 I guess the question is, why are we
9 risking the level of confusion and uncertainty --
10 if you run a business, as I know many of my
11 colleagues have done, predictability is one of
12 your North Stars. Why don't we have that kind of
13 predictability and certainty in government so we
14 can build confidence among our citizenry? Why
15 are we leaving this (a) until the last minute and
16 (b) being hung up on issues that we disagree,
17 arguably, are related or unrelated to the bigger
18 picture, which we agree on is the extension of
19 mayoral control?
20 SENATOR FLANAGAN: So I'm thinking
21 about what you're saying. And I'm going to
22 reiterate -- and if I do it 5,000 times, that's
23 fine. I believe we can still have mayoral
24 control before we leave here. Your hypotheticals
25 and your facts about what happens thereafter I
3899
1 respect, but I'm focusing on the here and now.
2 And as everyone knows in this room,
3 while we essentially have six days left of
4 session, that in most other worlds could be about
5 17 years. There's a lot of work that happens in
6 the latter part of the stages of session.
7 So when I look at this, if people
8 want to be critical, so be it. People want to
9 say it's ridiculous that you have three bills,
10 that's fine. That's their interpretation. No
11 one can say that we haven't put options on the
12 table.
13 And now, Senator Hoylman, I'm going
14 to make a major distinction. We have three bills
15 right here before us that involve children,
16 students, the City of New York, mayoral control,
17 and the well-being of all kids who are attending
18 school in the City of New York.
19 And I always say -- I see Senator
20 Robach; if things are going well for the children
21 in the City of New York, that bodes well for
22 Rochester. If you're in the Southern Tier and
23 you're out by Fred Akshar and things are not
24 going well where he is, that affects the children
25 in the City of New York. It's all one team.
3900
1 Unlike the Assembly -- unlike the
2 Assembly, Senator Hoylman, we've packaged three
3 bills and every component of these bills has to
4 do with education of students all across the
5 State of New York and in the City of New York.
6 The Assembly -- you all know this --
7 the Assembly said about a month ago -- I got
8 beaten about the head, which is fine. I got
9 beaten about the head because they said I was
10 bringing up charter schools and was castigated
11 for having any linkage. The Assembly said:
12 Absolutely not. No trades, no nothing, we're not
13 doing that. This is about the mayor and mayoral
14 control, and that's it. Poof.
15 About a week later, the Assembly
16 comes out with a mayoral control bill for two
17 years that links it to sales tax extenders all
18 across the State of New York, potentially hanging
19 up a number of people who serve in this room who
20 need revenue for their local municipalities and
21 local governments.
22 I'll take every ounce of criticism
23 that's leveled at what we're advocating. But the
24 one thing I know, all of this is about education
25 of children.
3901
1 SENATOR HOYLMAN: Will the sponsor
2 continue to yield?
3 ACTING PRESIDENT GRIFFO: Senator
4 Flanagan, do you yield?
5 SENATOR FLANAGAN: Yes.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR HOYLMAN: I appreciate the
9 fact that the sponsor has had -- had had
10 hearings last year before the one-year extension
11 of mayoral control. No hearings this year. I
12 was wondering why.
13 SENATOR FLANAGAN: Senator, if you
14 would repeat that, I apologize.
15 SENATOR HOYLMAN: I appreciate the
16 fact that you had hearings last year before we
17 extended mayoral control for one year, and I was
18 curious to know why you did not hold any hearings
19 this year on mayoral control.
20 SENATOR FLANAGAN: Well, I believe
21 mayoral control was discussed at length in the
22 context of the budget process and the hearings
23 through the finance committees. The mayor
24 appeared, as he does, at the Local Government
25 hearing, and there were conversations that took
3902
1 place on that.
2 And we're going to have a
3 qualitative difference. I can just tell you that
4 I'm only speaking for myself personally. On an
5 issue of this magnitude, the first real
6 conversation I had with the mayor on this subject
7 was in the latter part of last week. If this is
8 the be-all and end-all, you know, waiting four
9 months to pick up the phone? Maybe not the
10 smartest thing to do.
11 SENATOR HOYLMAN: Will the sponsor
12 continue to yield?
13 SENATOR FLANAGAN: Yes.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR HOYLMAN: The reference to
17 the phone was the mayor calling -- not calling
18 you? Is that -- I'm sorry, I missed -- I didn't
19 understand that last response.
20 SENATOR FLANAGAN: Senator Hoylman,
21 I have -- since the budget process, I have not
22 had one conversation with the mayor about mayoral
23 control until last week. But I want to -- you
24 know what? We're going off track here.
25 This is about getting something
3903
1 done. It's about getting something done. It's
2 about doing things that are good on behalf of
3 children. The mayor and I had a very cordial
4 conversation last week. Yesterday, because we
5 got caught up in the work we were doing here, I
6 missed a phone call that was supposed to happen.
7 I have a scheduled call with him today. I'm
8 laying it all out so everyone knows. I'll sit
9 down, I'll meet, I'll talk, I'll go through all
10 this stuff.
11 But you're asking, so I'm
12 explaining. You know, I thought there was
13 extensive conversations during the budget
14 process. We did not have hearings. But there
15 were certain things that the city was obligated
16 to do by law, and they did not get it done in a
17 timely fashion. And even when it came, as I said
18 before, it wasn't in a form that was particularly
19 helpful.
20 SENATOR HOYLMAN: Will the sponsor
21 continue to yield?
22 SENATOR FLANAGAN: Yes.
23 ACTING PRESIDENT GRIFFO: The
24 sponsor yields.
25 SENATOR HOYLMAN: Thank you.
3904
1 I wanted to make sure the sponsor
2 was aware of the business community's support for
3 a lengthy extension of mayoral control,
4 writing -- a group of 100 CEOs signed -- not all
5 of them, certainly, fans of Mayor de Blasio --
6 signed a letter saying that mayoral control
7 {reading} has restored the confidence of
8 employers in our city school system.
9 {Reading.} They released a letter
10 signed by more than 100 CEOs of major businesses
11 urging the Legislature to extend mayoral control
12 on its current terms. The signatories are not
13 necessarily Democrats nor fans of Mayor de
14 Blasio, they are advocates for a well-run public
15 system. We hope the Legislature appreciates the
16 importance of this issue to rise above politics
17 and extend mayoral control for at least three
18 years.
19 Were there any recommendations from
20 the 2016 hearings that you held or from the
21 finance hearings that you say where we discussed
22 mayoral control that are in any of these three
23 proposals or the one that we're discussing now?
24 SENATOR FLANAGAN: Mr. President, I
25 think there were two questions. You asked about
3905
1 whether or not I was aware of the support of the
2 business community. The answer is yes.
3 SENATOR HOYLMAN: Oh, this -- would
4 the sponsor continue to yield?
5 SENATOR FLANAGAN: Yes.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR HOYLMAN: Sorry about that.
9 Were there any recommendations from
10 your hearings in 2016 or your finance hearings
11 that are incorporated in the three versions -- or
12 the first version that you and I are discussing
13 now?
14 SENATOR FLANAGAN: Yes.
15 SENATOR HOYLMAN: Would the sponsor
16 continue to yield?
17 SENATOR FLANAGAN: Yes.
18 ACTING PRESIDENT GRIFFO: The
19 sponsor yields.
20 SENATOR HOYLMAN: Could the sponsor
21 elaborate, please?
22 SENATOR FLANAGAN: I think I've
23 spoken to it at least three or four times
24 already. We made changes in the law that asked
25 for further disclosure and more detail from the
3906
1 City of New York, which is pertinent to how money
2 is being spent and if it's being spent properly.
3 SENATOR HOYLMAN: Will the sponsor
4 continue to yield?
5 SENATOR FLANAGAN: Yes.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR HOYLMAN: I don't believe
9 that provision is in this bill, the bill that you
10 and I -- the first one that we're discussing. Am
11 I incorrect?
12 SENATOR FLANAGAN: You asked me a
13 question about whether we did anything based on
14 the hearings that have taken place in the past.
15 The answer is yes. And that was part of the
16 budgetary process. There were changes made to
17 the law that are fundamentally linked to the
18 issues that we're discussing.
19 So we took action based on what took
20 place in those hearings.
21 SENATOR HOYLMAN: Will the sponsor
22 continue to yield?
23 SENATOR FLANAGAN: Yes.
24 ACTING PRESIDENT GRIFFO: The
25 sponsor yields.
3907
1 SENATOR HOYLMAN: I wanted to ask a
2 few questions about the charter provisions in
3 S6567. You and I disagree, as we've established,
4 on whether they should be connected at all.
5 But do you know how many charters
6 have-- there's a provision about allowing
7 charters to be closed -- to be reissued without
8 being counted toward the cap. Can the sponsor
9 explain the rationale behind that?
10 SENATOR FLANAGAN: Through you,
11 Mr. President. Yes. The rationale is we --
12 again, I'm going to go back. There's over
13 100,000 kids who are in charter schools, over
14 40,000 who are on waiting lists. We want to make
15 sure that we provide the ultimate amount of
16 flexibility and options for parents who are
17 trying to do the best by their children.
18 SENATOR HOYLMAN: Will the sponsor
19 continue to yield?
20 SENATOR FLANAGAN: Yes.
21 ACTING PRESIDENT GRIFFO: The
22 sponsor yields.
23 SENATOR HOYLMAN: Thank you,
24 Mr. President.
25 The other -- another provision
3908
1 extends the window that a charter may apply to
2 change its chartering entity from one to two
3 years.
4 What's the purpose of a charter
5 school changing its chartering entity? Like, is
6 there -- in the sponsor's mind, is there a
7 qualitative difference between applying to the
8 Department of Education or the Board of Regents
9 versus SUNY?
10 SENATOR FLANAGAN: I don't know if
11 there's a qualitative difference. It provides an
12 option that can make things more timely, and
13 that's just a function of listening to people who
14 are in the field and trying to figure out what's
15 the quickest and most efficient way, with
16 appropriate oversight and regulation, to make
17 sure that those options are available.
18 SENATOR HOYLMAN: Will the sponsor
19 continue to yield?
20 SENATOR FLANAGAN: Yes.
21 ACTING PRESIDENT GRIFFO: The
22 sponsor yields.
23 SENATOR HOYLMAN: On the provision
24 that changes the charter teacher certification, I
25 wanted to understand why you -- why the sponsor's
3909
1 bill changes the number of years from their start
2 date to meet teacher certification requirements.
3 Could the sponsor explain why he makes that
4 change in the legislation?
5 SENATOR FLANAGAN: Mr. President,
6 through you, it's actually quite simple. This is
7 about making sure you have the best and most
8 appropriate teachers in front of any classroom,
9 charter school or traditional public school.
10 We have made amendments to the law
11 for, quote, unquote, traditional public school
12 teacher certification. We have an extensive time
13 period under which people can seek their
14 certification. We have a waiver and an amendment
15 process that can elongate that process.
16 I don't care if it's STEM, English,
17 arts, music, history, whatever it is; if I listen
18 to people in the field, whether it's NYSUT or UFT
19 or school boards or superintendents, they come to
20 us and say, These changes in the law would help.
21 That's why it's in there.
22 SENATOR HOYLMAN: Through you,
23 Mr. President, would the sponsor continue to
24 yield?
25 SENATOR FLANAGAN: Yes.
3910
1 ACTING PRESIDENT GRIFFO: The
2 sponsor yields.
3 SENATOR HOYLMAN: Are charter
4 schools having a difficult time recruiting
5 teachers? Is that part of the rationale?
6 SENATOR FLANAGAN: No.
7 SENATOR HOYLMAN: Would the sponsor
8 continue to yield?
9 SENATOR FLANAGAN: Yes.
10 ACTING PRESIDENT GRIFFO: The
11 sponsor yields.
12 SENATOR HOYLMAN: The language in
13 the bill allows teachers employed by a
14 high-performing charter school with a, quote,
15 rigorous teacher training program to have three
16 years from the start date to meet their teacher
17 certification requirements.
18 Where is "high-performing charter
19 school" and "rigorous teaching teacher training
20 program" defined? How is it defined? I couldn't
21 find reference to it.
22 SENATOR FLANAGAN: I think that
23 will be interpreted by the State Department of
24 Education.
25 SENATOR HOYLMAN: Will the sponsor
3911
1 continue to yield?
2 SENATOR FLANAGAN: Yes.
3 ACTING PRESIDENT GRIFFO: The
4 sponsor yields.
5 SENATOR HOYLMAN: Thank you.
6 I guess my final question is about
7 New York City and its ability to self-govern.
8 Where else in the state do we require Albany's
9 assent for a local matter on public edu -- the
10 appointment of a chancellor, for example, in our
11 public education system? Why is New York City
12 being singled out on this issue?
13 SENATOR FLANAGAN: Senator
14 DeFrancisco just reminded me of something so
15 incredibly simple. The city asked for mayoral
16 control. Not everyone wants mayoral control.
17 And there are hundreds, hundreds of
18 examples. And we will have a bevy of local bills
19 between now and the end of session that deal with
20 management of local school districts for which we
21 have oversight and regulation. There will be
22 transportation forgiveness contracts. There will
23 be a whole litany of legislation that properly
24 understands the role that we play in overseeing
25 education and educational policy in the State of
3912
1 New York.
2 SENATOR HOYLMAN: Thank you.
3 On the bill, Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Hoylman on the bill.
6 SENATOR HOYLMAN: I want to thank
7 the sponsor sincerely for his responses. We have
8 established many differences on this issue.
9 Again, I address this primarily as a
10 parent in the public school system, as someone
11 who interfaces, you know, on every day I drop my
12 daughter off at school or go to a PTA meeting or
13 pick her up in the yard, the confusion that
14 exists among my fellow members of the parent
15 community about the direction of the New York
16 City public school system. We have these
17 results, which I relayed.
18 Again, just to take another, the
19 highest-ever percentage of high school juniors
20 taking the SAT; currently, in the New York City
21 public school system, 52 percent. Test scores
22 increasing steadily. The highest-ever college
23 readiness rate -- 37 percent of all students and
24 51 percent of graduates in the Class of 2016
25 graduated high school on time and met CUNY
3913
1 standards for college readiness in English and
2 math.
3 And what's interesting is that the
4 sponsor isn't disputing the evidence. The
5 sponsor isn't saying that mayoral control isn't
6 working. The sponsor isn't saying that New York
7 City schools are not on the right path. Quite
8 the opposite. The sponsor agrees that mayoral
9 control should be extended, as I understand it.
10 It's just what bells and whistles
11 get attached to it and what we can use,
12 apparently, to leverage the extension of mayoral
13 control to win other issues, whether it be
14 charter schools or a tax credit for private
15 institutions.
16 I think it's fundamentally wrong and
17 cynical, frankly, to link an issue that has
18 widespread support in this chamber to issues we
19 know are controversial, not only in this house
20 but especially in the Assembly.
21 Calling our kids a political
22 football in this scenario is actually an
23 understatement. They are being used as almost
24 human shields to battle, to do battle with our
25 colleagues on the other side of the Capitol. I
3914
1 really take umbrage with that because mainly, as
2 I said, I'm a parent with a child in the public
3 school system.
4 And let's talk about the chaos that
5 this is engendering. There's not just confusion
6 on the playground among my parent community;
7 you've got business leaders saying, What are they
8 doing up in Albany? Why are they questioning
9 probably the most uniformly lauded change in
10 government in the last decade and saying that it
11 perhaps should be either extinguished or severely
12 curtailed? That doesn't make sense to business
13 leaders. And I don't blame them, because we have
14 the statistics that show mayoral control is
15 working.
16 And then it's the issue of
17 self-governance. I mean, look, saying it's
18 always been done that way isn't an excuse for
19 continuing to do it that way. The fact that
20 New York City had to come to Albany to ask for
21 mayoral control is actually part of the problem.
22 New York City should be able to -- the mayor of
23 New York City should be able to appoint, you
24 know, his or her own chancellor without having to
25 jump through flaming hoops here on the floor of
3915
1 the Senate chamber in order to get that done.
2 I'll also say that the chaos that
3 we're engendering is due to the fact we have
4 three different bills before us. I mean, I think
5 it's kind of crazy to an outsider to see that
6 we're presenting this buffet table of options for
7 our colleagues in the other house, rather than
8 actually sitting down with them and hammering out
9 a bill that works for our schoolchildren.
10 Look, I really appreciate the
11 sponsor's responses. But if our colleagues
12 across the aisle support mayoral control, let's
13 get it done. Let's extend it for three years, as
14 has been proposed. Let's not weight it down with
15 issues that have nothing to do with the issue at
16 hand, issues that aren't relevant to whether the
17 mayor is performing well.
18 If you have problems about the
19 data -- as the sponsor apparently does -- being
20 provided to this chamber, then why not build in a
21 provision in the extension of mayoral control
22 that actually addresses that issue, rather than
23 complain about it, write letters, and then
24 present bills that don't address it?
25 I'm mystified by the approach that
3916
1 our colleagues are taking on mayoral control. We
2 have a proven success story here in the state.
3 We have people who disagree with the current
4 mayor on a number of issues, but yet they all
5 seem to agree that he's managing the school
6 system well. And if they don't, they can at
7 least take comfort in the fact that the
8 statistics suggest he is.
9 So I'm despondent, a little
10 depressed that this is the way we do business in
11 this chamber. That rather than forge an
12 agreement with the city and our colleagues in the
13 other chamber, we are indeed using kids, New York
14 City public schoolkids, my daughter, as a proxy
15 for political warfare.
16 So I'll be voting in the negative,
17 Mr. President. But I'll be interested to hear
18 from the sponsor and from my other colleagues on
19 this issue.
20 Thank you.
21 ACTING PRESIDENT GRIFFO: Seeing
22 and hearing no other Senator that wishes to be
23 heard, the debate is closed and the Secretary
24 will ring the bell.
25 Read the last section.
3917
1 THE SECRETARY: Section 6. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: Senator
7 Montgomery to explain her vote.
8 SENATOR MONTGOMERY: Yes, thank
9 you, Mr. President.
10 I am voting no on this. I'm voting
11 no on the process.
12 But I rise to remind my colleagues
13 that I predicted so many years ago that this was
14 a bad idea, that this would politicize education
15 in the City of New York forever. And here we are
16 debating whether or not the 1 million children in
17 the City of New York should be subjected to us
18 having this kind of debate where --
19 ACTING PRESIDENT GRIFFO: Excuse
20 me, Senator Montgomery.
21 Can I have some order in the house.
22 SENATOR MONTGOMERY: -- where we
23 conflate one issue which has nothing to do with
24 mayoral control, and that is charter schools.
25 We should be having a debate, a
3918
1 discussion about the meaning of charter schools,
2 which is not supposed to be another system. It's
3 supposed to be a program within the public
4 education system. But that's neither here nor
5 there.
6 Mayoral control means that we
7 politicize education. And who suffers from that?
8 Who suffers from this madness of this debate up
9 here? Not -- all due respect to Senator
10 Flanagan, I don't think you did this by yourself.
11 But all of those years ago, I knew that this
12 would happen. Because this is what happens to
13 everything that we touch. It becomes a political
14 football for people -- your side, my side, up,
15 down, up north, down south, the city versus
16 everybody else, whatever.
17 So I am so upset that this has come
18 to the place where it is, where we're talking
19 about what happens, providing stability for the
20 1 million children in the City of New York.
21 Shame on us. We should not be doing this. It's
22 a bad process. I vote no because it's the wrong
23 thing to do to those children in the City of
24 New York.
25 I vote no, Mr. President.
3919
1 ACTING PRESIDENT GRIFFO: Senator
2 Montgomery to be recorded in the negative.
3 Senator Savino to explain her vote.
4 SENATOR SAVINO: Thank you,
5 Mr. President.
6 First I want to thank Senator
7 Flanagan and Senator Hoylman for that debate.
8 You know, I am still young enough
9 that I remember a lot. I remember when mayoral
10 control was first proposed by Mayor Giuliani and
11 didn't get anywhere. I remember when mayoral
12 control was proposed by Mayor Bloomberg and it
13 was roundly criticized by I think every Democrat
14 in the State of New York, certainly every
15 Democrat in the City of New York. I remember
16 when mayoral control came up for extension when
17 the Democrats held the majority and how
18 contentious it was then. And all of the changes
19 that we wanted to see in mayoral control,
20 suddenly nobody wants to see because we have a
21 different administration. I remember every
22 hypocritical position on mayoral control.
23 I'm going to vote for this bill and
24 every other bill that comes before us today, and
25 I'm going to tell you why. Because I do think
3920
1 mayoral control does work, but I do think it
2 needs to be changed. I also support charter
3 schools. I believe in parental choice. I
4 believe in our Catholic school system. I've said
5 that on the floor many times.
6 But you know, I got a bunch of memos
7 and letters -- and I'll try and do this as
8 quickly as I can. I got a letter from the
9 congressional delegation -- they even got my own
10 congressman, Danny Donovan, to sign onto it --
11 begging me and every one of us to pass mayoral
12 control, it's so critically important.
13 I got letters from labor leaders
14 saying that if we don't pass mayoral control, I
15 think the world will end and the children will
16 die. I got letters from business leaders saying
17 we absolutely must do this.
18 So you know what? All of these
19 people must be pretty smart. They come from
20 different walks of life. They all believe that
21 mayoral control is the most important thing that
22 we have to do.
23 We have three bills before us today.
24 I don't know which one is going to be the one
25 that the Assembly likes. Maybe none of them
3921
1 will. But I think that mayoral control is so
2 important, because all of these people keep
3 telling me it's so important, I'm going to vote
4 for every mayoral control bill that comes through
5 here until we get it right.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Savino to be recorded in the affirmative.
9 Senator Parker to explain his vote.
10 SENATOR PARKER: Thank you,
11 Mr. President, to explain my vote.
12 First let me also thank Senator
13 Flanagan for his work, not just on this issue but
14 on education. He's somebody who prior to
15 becoming the leader of the chamber chaired the
16 Education Committee for a significant amount of
17 time and always was somebody who kind of fought
18 for the children and fought to make our system
19 better.
20 And so I certainly understand where
21 he's coming from with this bill. I disagree with
22 the approach of combining mayoral control with
23 the issues around charter schools. I'm
24 definitely pro-charter school. I think that we
25 don't necessarily use them in the right way. And
3922
1 I think there's lots of things that we could do
2 to make them even better in terms of serving our
3 children.
4 Charter schools should be
5 laboratories in which we take the best
6 educational practices and then generalize them to
7 the entire system to make the system better. We
8 have not done that. I'm hoping that going
9 forward that we'll get to that place. But
10 certainly the notion of expanding the cap is
11 something that I think separately I could vote
12 for.
13 There is a bill that already was
14 passed as relates to mayoral control in the
15 Assembly. I'm going to urge this body to take
16 this bill up and pass it as soon as possible so
17 that mayoral control gets done.
18 Again, it is, you know, kind of the
19 height of a contradiction to be for mayoral
20 control when Bloomberg was the mayor and, now
21 that de Blasio is the mayor, to not be for
22 mayoral control.
23 We should not do a two- or
24 three-year extender, we should just make mayoral
25 control permanent. I certainly agree with
3923
1 Senator Hoylman, who believes that mayoral
2 control should be the purview of the City Council
3 in New York City and not the State Legislature.
4 And so on those bases, I vote nay.
5 ACTING PRESIDENT GRIFFO: Senator
6 Parker to be recorded in the negative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar 1506, those recorded in the negative are
10 Senators Addabbo, Alcantara, Bailey, Benjamin,
11 Breslin, Brooks, Carlucci, Comrie, Dilan,
12 Gianaris, Hoylman, Kaminsky, Kennedy, Krueger,
13 Latimer, Montgomery, Parker, Peralta, Persaud,
14 Rivera, Sanders, Serrano, Squadron, Stavisky and
15 Stewart-Cousins.
16 Absent from voting: Senator Díaz.
17 Ayes, 37. Nays, 25.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 Calendar Number 1507. The Secretary
21 will read.
22 THE SECRETARY: Calendar Number
23 1507, by Senator Flanagan, Senate Print 6568, an
24 act to amend the Education Law.
25 SENATOR GIANARIS: Lay it aside.
3924
1 ACTING PRESIDENT GRIFFO: Lay it
2 aside.
3 The Secretary will ring the bell.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1507, by Senator Flanagan, Senate Print 6568, an
7 act to amend the Education Law.
8 ACTING PRESIDENT GRIFFO: Again,
9 I'm going to ask for some order in the house.
10 There are a number of things taking place right
11 now, and I'd ask that the conversations could
12 take place outside the chamber.
13 Senator Squadron.
14 SENATOR SQUADRON: Thank you,
15 Mr. President. If the sponsor would yield.
16 ACTING PRESIDENT GRIFFO: Senator
17 Flanagan, do you yield?
18 SENATOR FLANAGAN: Yes.
19 ACTING PRESIDENT GRIFFO: The
20 Senator yields.
21 SENATOR SQUADRON: Let me open by
22 saying when you became leader of your conference,
23 I congratulated you. I also breathed a sigh of
24 relief that I would never be debating you again
25 on the floor.
3925
1 (Laughter.)
2 SENATOR SQUADRON: So I am sorry to
3 see you here, though I do appreciate it very
4 much, and I think you'll understand.
5 SENATOR FLANAGAN: Is that a
6 backhanded compliment or something like that?
7 SENATOR SQUADRON: I think it was
8 just a compliment.
9 SENATOR FLANAGAN: Happy to engage
10 in the discussion.
11 SENATOR SQUADRON: I think it's
12 going to be downhill from here.
13 (Laughter.)
14 SENATOR SQUADRON: But if the
15 sponsor would yield.
16 SENATOR FLANAGAN: Yes.
17 ACTING PRESIDENT GRIFFO: The
18 sponsor yields.
19 SENATOR SQUADRON: How is this bill
20 different from the prior bill that was taken up?
21 SENATOR FLANAGAN: This is a
22 two-year extension.
23 SENATOR SQUADRON: If the sponsor
24 will continue to yield.
25 ACTING PRESIDENT GRIFFO: The
3926
1 sponsor yields.
2 SENATOR SQUADRON: Are there any
3 other differences between this bill and the
4 prior?
5 SENATOR FLANAGAN: No.
6 ACTING PRESIDENT GRIFFO: Senator
7 Squadron? He said no.
8 SENATOR FLANAGAN: Oh. Senator
9 Squadron, I apologize. I made a mistake. On the
10 ability to differentiate, where you seek to get a
11 charter, this bill is different. It's two years,
12 and that makes that option permanent. It does
13 not extend it for one year.
14 SENATOR SQUADRON: If the sponsor
15 would continue to yield.
16 SENATOR FLANAGAN: Yes.
17 ACTING PRESIDENT GRIFFO: The
18 sponsor yields.
19 SENATOR SQUADRON: Is there any
20 alignment in time period between the length of
21 this extension and that change in the authorizing
22 entity?
23 SENATOR FLANAGAN: Yes.
24 SENATOR SQUADRON: If the sponsor
25 would yield, what is the alignment?
3927
1 SENATOR FLANAGAN: I think when we
2 are looking to do things, we have a menu of
3 options here, as has been discussed. And I know
4 we have a third bill that goes on to five years.
5 And it's our contention that if we're going to be
6 extending things, that we want to provide other
7 options. So it's a legislative prerogative.
8 SENATOR SQUADRON: If the sponsor
9 would continue to yield.
10 SENATOR FLANAGAN: Yes.
11 ACTING PRESIDENT GRIFFO: The
12 sponsor yields.
13 SENATOR SQUADRON: It's absolutely
14 a legislative prerogative to put forward any
15 bill, and certainly the leader's prerogative
16 under the rules of the house. I just want to
17 sort of be clear that I'm not missing a policy
18 linkage between an extra year of mayoral control
19 authorization and a permanent authorization for
20 charter schools to apply to different authorizing
21 entities.
22 SENATOR FLANAGAN: I'm sorry, is
23 the question is there a policy linkage?
24 SENATOR SQUADRON: Right.
25 SENATOR FLANAGAN: Yes.
3928
1 SENATOR SQUADRON: If the sponsor
2 would yield and explain it.
3 ACTING PRESIDENT GRIFFO: The
4 sponsor yields. And he's asked for an
5 explanation of that.
6 SENATOR FLANAGAN: Senator
7 Squadron, as I had just described, anyone can
8 introduce pieces of legislation. There are
9 thousands of bills introduced by you and other
10 members in this house.
11 I put this legislation in. And yes,
12 there's a policy linkage between the length of
13 the extension and making that choice. That's why
14 we have three bills.
15 SENATOR SQUADRON: If the sponsor
16 would continue to yield.
17 SENATOR FLANAGAN: Yes.
18 ACTING PRESIDENT GRIFFO: The
19 sponsor yields.
20 SENATOR SQUADRON: Did the sponsor
21 support the extension of mayoral control in 2009
22 for a six-year period?
23 SENATOR FLANAGAN: Senator
24 Squadron, you have now vexed me with that
25 question. I -- because I know if I give the
3929
1 wrong answer, it will be tweeted out in
2 five seconds.
3 I have to apologize. I don't
4 recall. I do remember how many debates there
5 were on a lot of the issues that were out there,
6 but I am sure that that will be fact-checked by
7 our staff instantaneously. So I reserve the
8 right to amend my answer.
9 SENATOR SQUADRON: Actually, while
10 we're checking that, if the sponsor will continue
11 to yield.
12 SENATOR FLANAGAN: Yes.
13 ACTING PRESIDENT GRIFFO: The
14 sponsor yields.
15 SENATOR SQUADRON: Were there -- by
16 the way, my strong recollection, but I much
17 prefer the fact-checking of the staff on both
18 sides of the aisle, all sides of the aisle, is
19 yes. As did I.
20 But moving on to the second point
21 while we fact-check that --
22 SENATOR FLANAGAN: You know, 2009
23 was kind of a fuzzy year, so I just have to --
24 I've got to check a few things out.
25 SENATOR SQUADRON: That extension
3930
1 was complicated.
2 SENATOR FLANAGAN: The answer is,
3 Senator, I voted yes.
4 SENATOR SQUADRON: Thank you very
5 much.
6 SENATOR FLANAGAN: Just to prove
7 that I do support mayoral control.
8 SENATOR SQUADRON: As did I.
9 Were there charter provisions in
10 that bill, to the sponsor's recollection?
11 SENATOR FLANAGAN: I believe yes.
12 Do I know the exact content of it? No. And if
13 I'm wrong, I'm sure you'll correct me.
14 SENATOR SQUADRON: I don't believe
15 there were in that bill. There were a lot of
16 discussion of charter schools that year out of
17 mayoral control. I believe that there were some
18 changes made to the mayoral control law to
19 strengthen parent input and create some new
20 processes, but that charter schools themselves
21 were not dealt with in that legislation.
22 And does the sponsor recall -- this
23 is an easier one -- who the mayor was at the
24 time?
25 SENATOR FLANAGAN: I'm sorry?
3931
1 SENATOR SQUADRON: Who the mayor of
2 the City of New York was at the time in 2009.
3 SENATOR FLANAGAN: Mayor Bloomberg.
4 SENATOR SQUADRON: How long an
5 extension -- because as the sponsor has
6 mentioned, he's put forward a menu of options
7 here. Just on the question of mayoral control,
8 in an ideal world, how long an extension does the
9 sponsor support now?
10 SENATOR FLANAGAN: In an ideal
11 world I would have gotten a lot more answers to
12 pertinent questions that are relevant to many of
13 the members on both sides of the aisle in this
14 house.
15 So if one -- I'll tell you what.
16 When I see the ideal world, then I can give you a
17 better answer.
18 SENATOR SQUADRON: If the sponsor
19 would continue to yield.
20 SENATOR FLANAGAN: Yes.
21 ACTING PRESIDENT GRIFFO: The
22 sponsor yields.
23 SENATOR SQUADRON: In the actual
24 world, what is the length of time that the
25 sponsor thinks is the appropriate period of time
3932
1 for mayoral control to be extended?
2 SENATOR FLANAGAN: Senator
3 Squadron, I want to say this as respectfully as
4 possible. You know the answer to that question,
5 because we have three pieces of legislation right
6 here. One year, two years, five years, all with
7 different policy considerations and implications.
8 And as I said to Senator Hoylman
9 before, if someone wants to castigate me or any
10 of our colleagues for advancing that stuff, that
11 is absolutely your prerogative. So unlike a lot
12 of other people, I actually put bills on the
13 floor.
14 SENATOR SQUADRON: Unlike a lot of
15 other people, you have --
16 ACTING PRESIDENT GRIFFO: Senator
17 Squadron.
18 SENATOR SQUADRON: -- the right
19 under the --
20 ACTING PRESIDENT GRIFFO: Senator
21 Squadron --
22 SENATOR SQUADRON: -- the rules to
23 decide what bills come to the floor.
24 ACTING PRESIDENT GRIFFO: Senator
25 Squadron --
3933
1 SENATOR SQUADRON: But if the
2 sponsor would continue to yield.
3 ACTING PRESIDENT GRIFFO: Senator
4 Squadron, are you asking the Senator to yield?
5 SENATOR SQUADRON: Yes.
6 SENATOR FLANAGAN: Yes, I will.
7 ACTING PRESIDENT GRIFFO: The
8 Senator yields.
9 SENATOR SQUADRON: So then I should
10 take the bills at face value to understand that
11 the sponsor supports a one-year extension of
12 mayoral control provided only that the limit of
13 50 charters in New York City is lifted, and that
14 there's a two-year window for charters to change
15 their chartering entity; that the sponsor
16 supports a two-year extension of mayoral control
17 if that window is made permanent; and, from the
18 bill that will be before us later, the sponsor
19 supports a five-year extension of mayoral control
20 if, in addition to those changes, there is also a
21 so-called education tax credit. And that the
22 sponsor doesn't have any position on the length
23 of mayoral control absent those other issues.
24 SENATOR FLANAGAN: Mr. President,
25 I'm not really sure I have a proper answer to
3934
1 that question. I don't know how it could be any
2 more evident. You see a one-year bill, you see a
3 two-year bill, a five-year bill.
4 And by the way, I just proved -- we
5 just proved I'm not the only one that supports
6 it. I listened to the eloquence of Senator
7 Savino and my colleagues who supported the last
8 bill. So this is not like the Flanagan personal
9 legislative agenda. This is about what are we
10 doing for the City of New York mayoral control
11 for 1.1 million students.
12 If someone else wants to put in the
13 a bill to make it permanent or seven years, I
14 highly doubt that there are going to be a lot of
15 people who support just a permanent extension of
16 mayoral control, because I know members who have
17 deep-seated concerns about the present status of
18 the educational system in the City of New York.
19 SENATOR SQUADRON: If the sponsor
20 would continue to yield.
21 SENATOR FLANAGAN: Yes.
22 ACTING PRESIDENT GRIFFO: The
23 sponsor yields.
24 SENATOR SQUADRON: Does the sponsor
25 believe that mayoral control -- that the wisdom
3935
1 of mayoral control has been called into question
2 by the current administration?
3 SENATOR FLANAGAN: Mr. President, I
4 frankly don't understand the question.
5 SENATOR SQUADRON: I'll restate it.
6 I guess on the same question.
7 Does the sponsor believe that
8 there's a crisis in New York City right now that
9 would justify the ending of mayoral control?
10 SENATOR FLANAGAN: First of all, it
11 depends upon how one defines crisis. Do I think
12 there's a crisis? No. Do I think there are
13 missed opportunities and failures? Absolutely.
14 And it's astounding to me that I'm
15 listening to these purported thoughts about the
16 end of mayoral control. We're passing bills to
17 extend it. I don't know how much clearer it can
18 be.
19 If people don't want to agree with
20 our positions, so be it. But anyone who walks
21 out of here and says we're trying to end mayoral
22 control obviously knows nothing about the
23 legislative process.
24 SENATOR SQUADRON: If the sponsor
25 will continue to yield.
3936
1 SENATOR FLANAGAN: Yes.
2 ACTING PRESIDENT GRIFFO: The
3 sponsor yields.
4 SENATOR SQUADRON: Are there
5 provisions in this bill that apply to charter
6 schools -- not to mayoral control -- that are so
7 critical they are worth losing mayoral control
8 over the course of the next five days?
9 SENATOR FLANAGAN: I just
10 completely disagree with the premise of the
11 question. The legislative content -- the bill is
12 easy to read, it's straightforward. There's
13 nothing about losing mayoral control. That's
14 what the whole discussion and debate is about.
15 SENATOR SQUADRON: If the sponsor
16 will continue to yield.
17 SENATOR FLANAGAN: Yes.
18 ACTING PRESIDENT GRIFFO: The
19 sponsor yields.
20 SENATOR SQUADRON: And the sponsor
21 just made this point, but I think it bears
22 repeating, and it's a critically important one.
23 The sponsor just said that we are passing bills
24 to extend mayoral control now. In the prior
25 debate, the sponsor said quite clearly that he
3937
1 was confident that something will happen between
2 now and June 21st --
3 ACTING PRESIDENT GRIFFO: Senator
4 Squadron, do you have a question?
5 SENATOR SQUADRON: I do, yes.
6 ACTING PRESIDENT GRIFFO: Direct.
7 SENATOR SQUADRON: These are the
8 underlying facts of the question, Mr. President.
9 In the prior debate, the sponsor
10 said that he was confident that something would
11 happen before June 21st. Now, yesterday the
12 Daily News reported, quoting a source close to
13 the leader saying that it really may not happen
14 before the Senate goes home. Since there's a
15 different position there than have been in the
16 public sphere, I wanted to give the sponsor and
17 the leader of our house the opportunity to just
18 very clearly tell us which of those two outcomes
19 it is.
20 SENATOR FLANAGAN: Senator
21 Squadron, this is getting -- I'm going to put it
22 this way. I'm going to answer this question, and
23 if there's other questions like this, I'm just
24 going to stop yielding. Okay?
25 Unnamed sources? You're talking to
3938
1 me. You're talking to me as a colleague and a
2 member of this house. And I'll put it in jocular
3 terms. You're talking to the horse. You'll
4 figure out what part of the horse you're talking
5 to, but you're hearing it right from me.
6 As I said very firmly before, we
7 have not failed to do the people's business. We
8 have extended mayoral control. In the last two
9 years, a one-year extension. We have proven that
10 we believe in mayoral control and that we will
11 extend it under the right circumstances.
12 I am fully prepared to sit down and
13 negotiate with the mayor, with the Governor, with
14 Senator Klein and Speaker Heastie, to get this
15 done as part of the people's business.
16 SENATOR SQUADRON: If the sponsor
17 would yield for another question.
18 SENATOR FLANAGAN: Yes.
19 SENATOR SQUADRON: Thank you.
20 ACTING PRESIDENT GRIFFO: The
21 sponsor yields.
22 SENATOR SQUADRON: Is -- does the
23 sponsor believe that there is a policy benefit to
24 having annual expirations and extensions of
25 mayoral control from an educational point of
3939
1 view?
2 SENATOR FLANAGAN: Yes. Yes, I do.
3 SENATOR SQUADRON: And if the
4 sponsor wouldn't mind explaining that a little
5 bit, I'd appreciate it. If the sponsor will
6 yield.
7 SENATOR FLANAGAN: I just did.
8 That's my opinion, and it's -- by the way, it's
9 proven to be the collective wisdom of the
10 assembly, the Senate and the Governor. Because
11 mayoral control got passed for one year by virtue
12 of the people in this body, in the other house,
13 and the Governor.
14 SENATOR SQUADRON: Thank you very
15 much. I very much thank the sponsor. It's been
16 a long time, and --
17 ACTING PRESIDENT GRIFFO: Senator
18 Squadron, are you on the bill.
19 SENATOR SQUADRON: -- it's good to
20 talk.
21 I am on the bill, Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Squadron on the bill.
24 SENATOR SQUADRON: You know, the
25 challenge here is that of course it's not true
3940
1 that we had one-year extenders the last two years
2 because that's what the Assembly wanted.
3 Certainly it's not true that that's what the City
4 of New York or the New York City Department of
5 Education wanted.
6 What's true is there was a threat
7 implied, and in many cases said out loud, that
8 mayoral control itself would expire and New York
9 City would be sent back to the bad old days
10 without accountability and a clear governance
11 structure. And in that context, the Assembly and
12 the Governor, the City of New York, were forced
13 by this house to accept a one-year extension.
14 It's also true that there's never
15 been a substantive policy argument for why a
16 one-year extension is critically important or is
17 an improvement or is better for our schools. In
18 fact, when the tables were turned, when there was
19 a different control in City Hall, we got a
20 six-year extension that was overwhelming
21 supported by the other conference -- that I also
22 supported -- and now we don't.
23 So it's not fair to suggest that a
24 one-year extension is the collective wisdom of
25 all of the parties here in our Capitol. It is
3941
1 fair to say that it's the best New York City has
2 been able to get when threatened with a
3 catastrophic outcome for our 1.1 million
4 schoolkids, included among them my own son, who's
5 at P.S. 29, and for whom the quality of our
6 school system and the accountability of our
7 school system is an issue no less profound than
8 his basic education and our ability to make a
9 life in the city.
10 It's also a pretty risky game of
11 brinksmanship to say you can get mayoral control,
12 but only if there are really basically unrelated
13 issues that you'll give up.
14 And there is an important question
15 that we need to understand, that those of us who
16 care about the city, those of us who care about
17 mayoral control need to understand, and it's
18 this. If for some reason we can't get to
19 agreement on the charter provisions -- some are
20 for, some are against, some have questions --
21 will we lose mayoral control? And why is it that
22 an issue as important as mayoral control to the
23 education of 1.1 million schoolkids depends not
24 on the best length for that authorization to
25 happen from an educational and oversight
3942
1 standpoint, but on how many boxes get checked on
2 a fundamentally unrelated issue.
3 Mayoral control is not an issue that
4 should fall victim to logrolling or horse
5 trading, to use the sponsor's analogy, or any of
6 these other political issues. It is an issue
7 that is simply too important for that.
8 But it does appear, from the
9 evidence of what we saw in 2009 and the support
10 we saw, the full-throated support we saw for
11 mayoral control in 2009, the incredible challenge
12 getting mayoral control passed each year since
13 2014, that this is an issue that is becoming
14 entirely about politics at the cost of a
15 substantive conversation about a very complex
16 question, which is what is the best way to govern
17 the largest school system in our country, larger
18 than many states? What is the best way to govern
19 the school system that's responsible for
20 educating my son and so many others' kids?
21 And I know it's Albany, and I know
22 in Albany the negotiation and the deal is
23 paramount. On this issue, I wish that weren't
24 the case, because that's exactly what we're
25 seeing. We're seeing hey, New York City, you get
3943
1 one year if you give certain things, you get two
2 years if you give certain other things, you get
3 five years if you give even more. Not you get
4 one year if we answer certain policy questions
5 about mayoral control, you get two years if we
6 answer other policy questions about mayoral
7 control, you get six years if we answer a third
8 set of policy questions.
9 It's been turned into a political
10 issue that risks the very well-being of our
11 school system. That's unfortunately the case. I
12 do really hope and urge the sponsor and the
13 leader of this house, who does determine our
14 agenda, to negotiate with Speaker Heastie and the
15 Governor and Mayor de Blasio, regardless of
16 political disagreements, on the best possible
17 extension of mayoral control itself -- from a
18 policy point of view, from the point of view of
19 the New York City school system, from the point
20 of view of 1.1 million students, from the point
21 of view of my son and his classmates at P.S. 29,
22 who will be stepping up from kindergarten to
23 first grade at 8:30 a.m. on June 22nd.
24 And I will be there, thanks to the
25 leader's commitment on June 21st, and I
3944
1 appreciate that. And I hope that I am there
2 saying we've extended mayoral control and we
3 haven't done it in a tit-for-a-tat or a logroll
4 or a horse trade, we've done it in a way that is
5 best for the students.
6 This bill does not do that, and I'll
7 vote no, Mr. President.
8 ACTING PRESIDENT GRIFFO: Seeing
9 and hearing no other Senator that wishes to be
10 heard, debate is closed.
11 The Secretary will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 6. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Hamilton to explain his vote.
20 SENATOR HAMILTON: Yes,
21 Mr. President, I rise to vote no on this bill.
22 I heard my colleagues in the Senate
23 talk about the pros and cons of mayoral control,
24 but I haven't heard one sentence mentioned about
25 low-performing schools in minority communities.
3945
1 In my Brownsville section of
2 Brooklyn, we have schools where only 13 percent
3 of the kids are reading at grade level, but
4 nothing was mentioned about giving more aid to
5 schools that are failing. In some of my schools
6 in Brownsville, we have 51 percent of the kids
7 coming from shelters, but I have heard nothing
8 about giving more funding to those schools.
9 I heard a lot about charter schools,
10 but we haven't heard anything about progressive
11 schools, progressive schools on the Upper West
12 Side of Manhattan, where you have classes that
13 are predominantly white in schools that are
14 predominantly black that are separated -- sort of
15 like an apartheid system. But we haven't heard
16 about that yet.
17 So we have gentrification happening
18 in our neighborhoods. We have the most
19 segregated schools in the country -- excuse me,
20 in New York City. But I heard nothing today
21 talking about having segregated schools and how
22 to change that. So right now New York City
23 schools are more segregated than in Alabama,
24 Mississippi, in the places where we thought were
25 the places of slavery in our country. So now we
3946
1 lead the nation as far as having the most
2 segregated schools in New York City.
3 So I wish we had more conversations
4 about integrating our schools, more conversations
5 about fixing failing schools, and stop talking
6 about mayoral control and charter schools. In
7 some areas, charter schools are the only option
8 for parents who feel that their children are
9 being left out of the American dream. So I wish
10 we had more discussion about getting funding into
11 our failing schools and making sure all kids have
12 the skill sets to be productive in our society.
13 Thank you very much.
14 ACTING PRESIDENT GRIFFO: Senator
15 Hamilton, how do you vote?
16 SENATOR HAMILTON: I vote no.
17 ACTING PRESIDENT GRIFFO: Senator
18 Hamilton in the negative.
19 Senator Parker to explain his vote.
20 SENATOR PARKER: Thank you very
21 much, Mr. President, to explain my vote.
22 Once again, I want to thank Senator
23 Flanagan for his leadership on this important
24 issue. Just like the last bill we voted on, I
25 think that there's some inherent contradictions
3947
1 in this bill that force me to vote no,
2 unfortunately.
3 I certainly want to see mayoral
4 control happen. I think it should be permanent.
5 I think it should be done probably on the city
6 level as opposed to the state level, to take the
7 politics out of it, which is the point that
8 Senator Montgomery made when she explained her
9 vote on the last vote.
10 And again, no opposition to charter
11 schools or even what we're doing here within the
12 context of expansion of the charter school cap.
13 I certainly would love to vote on that in a
14 separate bill. I think we should bring it to the
15 floor and both deal with our charter schools both
16 around making sure they have enough resources,
17 enough numbers in terms of expanding the system,
18 as well as funding. But that should be a
19 separate issue for what we're currently doing
20 here around mayoral control.
21 I vote nay.
22 ACTING PRESIDENT GRIFFO: Senator
23 Parker to be recorded in the negative.
24 Announce the results.
25 THE SECRETARY: In relation to
3948
1 Calendar 1507, those recorded in the negative are
2 Senators Addabbo, Alcantara, Bailey, Benjamin,
3 Breslin, Brooks, Carlucci, Comrie, Dilan,
4 Gianaris, Hamilton, Hoylman, Kaminsky, Kennedy,
5 Krueger, Latimer, Montgomery, Parker, Peralta,
6 Persaud, Rivera, Sanders, Serrano, Squadron,
7 Stavisky and Stewart-Cousins.
8 Absent from voting: Senator Díaz.
9 Ayes, 36. Nays, 26.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 The Secretary will read Calendar
13 Number 1508.
14 THE SECRETARY: Calendar Number
15 1508, by Senator Flanagan, Senate Print 6569, an
16 act to amend the Education Law.
17 SENATOR GIANARIS: Lay it aside.
18 ACTING PRESIDENT GRIFFO: The bill
19 is laid aside.
20 THE SECRETARY: The Secretary will
21 ring the bell.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1508, by Senator Flanagan, Senate Print 6569, an
25 act to amend the Education Law.
3949
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger, before you begin, I'm going to ask again
3 for some order in the house so that we can hear
4 the members.
5 Senator Krueger.
6 SENATOR KRUEGER: Thank you,
7 Mr. President. If the sponsor would please
8 yield.
9 ACTING PRESIDENT GRIFFO: Senator
10 Flanagan, do you yield?
11 SENATOR FLANAGAN: Yes.
12 ACTING PRESIDENT GRIFFO: The
13 Senator yields.
14 SENATOR KRUEGER: Thank you.
15 So this bill is a continuation of
16 the saga of the last two bills.
17 SENATOR FLANAGAN: Excuse me,
18 Mr. President, I can't hear Senator Krueger.
19 ACTING PRESIDENT GRIFFO: Again,
20 I'm asking everyone in the chamber to please take
21 their conversations outside the chamber and that
22 we continue to have some order in the house.
23 SENATOR FLANAGAN: Thank you.
24 ACTING PRESIDENT GRIFFO: Senator
25 Krueger, you may continue.
3950
1 SENATOR KRUEGER: Thank you.
2 This bill is a continuation of the
3 discussion of the last two bills, and this bill
4 offers a five-year mayoral control extender,
5 after a bill that offered a one-year, then a
6 two-year.
7 Senator Flanagan, when answering a
8 previous question on the earlier bill, said he
9 brings his bills to the floor. Would Senator
10 Flanagan allow me to bring a bill to the floor
11 that had a five-year straight extender for
12 mayoral control for New York City, since clearly
13 he supports that proposal?
14 ACTING PRESIDENT GRIFFO: Senator
15 Flanagan.
16 SENATOR FLANAGAN: Mr. President,
17 we have a deliberative internal process, we have
18 a committee process, Finance Committee,
19 Rules Committee.
20 Do I believe there should a
21 straight-up five-year extension on mayoral
22 control? No.
23 SENATOR KRUEGER: Through you,
24 Mr. President. Just to clarify, Senator Flanagan
25 said --
3951
1 ACTING PRESIDENT GRIFFO: Are you
2 asking the sponsor to yield, Senator Krueger?
3 SENATOR KRUEGER: I'm asking I
4 think perhaps the President to ask Senator
5 Flanagan to repeat that he says he does not
6 support a straight five-year extender bill. I
7 wanted to make sure I heard him correctly.
8 ACTING PRESIDENT GRIFFO: Did
9 Senator Krueger hear you correctly?
10 SENATOR FLANAGAN: Mr. President, I
11 didn't lack for clarity the first time. The
12 answer is the same.
13 SENATOR KRUEGER: Thank you.
14 Through you, Mr. President, if the
15 sponsor will continue to yield.
16 SENATOR FLANAGAN: Yes.
17 ACTING PRESIDENT GRIFFO: The
18 sponsor yields.
19 SENATOR KRUEGER: The sponsor was
20 discussing issues such as collocation of charter
21 schools in the earlier discussion of the bills
22 that are parallel. Can he please point out what
23 section of this bill has anything to do with
24 collocation of charter schools?
25 SENATOR FLANAGAN: There is none.
3952
1 SENATOR KRUEGER: Thank you.
2 Through you, Mr. President, if the
3 sponsor will continue to yield.
4 ACTING PRESIDENT GRIFFO: The
5 sponsor yields.
6 SENATOR KRUEGER: Thank you.
7 I think it was brought up, but just
8 to highlight. There were, in 2016, multiple
9 hearings of this legislative body around proposed
10 changes in mayoral control involving parents,
11 teachers, administrators, community leaders,
12 business leaders. Were any of the
13 recommendations that came from those hearings
14 included in any of these three bills changing the
15 rules around mayoral control?
16 SENATOR FLANAGAN: Senator Krueger,
17 I can't speak to exactly what transpired at those
18 hearings because frankly I was not in attendance.
19 I might have to defer to my learned colleague
20 Senator Marcellino. But I'll put it this way.
21 What you see in this legislation is
22 a reflection of input from a lot of different
23 groups, publicly, privately. But there has been
24 a considerable amount of discussions and input.
25 SENATOR KRUEGER: Through you,
3953
1 Mr. President, if the sponsor would continue to
2 yield.
3 SENATOR FLANAGAN: Yes.
4 ACTING PRESIDENT GRIFFO: The
5 sponsor yields.
6 SENATOR KRUEGER: I thank him for
7 his answer.
8 Apparently factually there are no
9 changes in these bills relating to mayoral
10 control. So whether or not these hearings had
11 specific recommendations that some people might
12 support or not support, none of that is included,
13 because this is a straight extender bill plus
14 other unrelated things to mayoral control.
15 That's not a question, that was just getting a
16 fact on the record.
17 SENATOR FLANAGAN: Excuse me,
18 Mr. President. Mr. President.
19 ACTING PRESIDENT GRIFFO: Senator
20 Flanagan.
21 SENATOR FLANAGAN: The Senator made
22 a comment to suggest that factually there are no
23 changes to mayoral control. That is completely
24 false. There are aspects of mayoral control in
25 this legislation that affect a variety of
3954
1 factors. To suggest that factually there's no
2 changes is just simply a mistake.
3 SENATOR KRUEGER: Through you,
4 Mr. President, if the sponsor would continue to
5 yield.
6 SENATOR FLANAGAN: Yes.
7 ACTING PRESIDENT GRIFFO: The
8 sponsor yields.
9 SENATOR KRUEGER: Could the sponsor
10 please outline for me the changes to mayoral
11 control within Bill 6569?
12 SENATOR FLANAGAN: Yes. In terms
13 of the chartering entity, we make it permanent.
14 Teacher certification is for three years. We
15 make changes to the regional cap. And we have an
16 increase in charter schools and a tax credit.
17 SENATOR KRUEGER: Through you,
18 Mr. President. Perhaps our difference of opinion
19 is because I don't understand how charter school
20 standards or an educational tax credit for
21 private schools --
22 ACTING PRESIDENT GRIFFO: Senator
23 Krueger, are you asking a question or are you on
24 the bill?
25 SENATOR KRUEGER: I am asking a
3955
1 question, Mr. President. Through you. I don't
2 understand how changes in charter school cap
3 numbers or educational tax credits for private
4 schools are actually a part of mayoral control.
5 Could the sponsor please clarify for me?
6 SENATOR FLANAGAN: Yes. I'm going
7 to make two fundamental points.
8 First of all, with regard to the tax
9 credit, to suggest that it only applies to
10 private entities is again just completely
11 mistaken. Fifty percent of the money goes to
12 public schools. There's a tax credit available
13 for teachers up to $200, and for people who
14 provide home instruction.
15 And I don't -- you know, maybe -- I
16 don't know how we get around this, frankly. The
17 mayor is ultimately in charge of the well-being
18 of the school system in the City of New York.
19 That includes charter schools. That includes
20 100,000 children, thereabouts. So if there are
21 problems with things like collocation and finding
22 appropriate space, that's within the purview of
23 the mayor, the New York City Department of
24 Education, and ultimately the State of New York
25 through the State Education Department and the
3956
1 Board of Regents. They're all interrelated.
2 SENATOR KRUEGER: Through you,
3 Mr. President, if the sponsor would continue to
4 yield.
5 SENATOR FLANAGAN: Yes.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR KRUEGER: In his previous
9 back-and-forth with other colleagues on the
10 similar bills, the sponsor used the examples of
11 collocation, he used the examples of the City of
12 New York being late, perhaps, in the reporting of
13 the information the Senate asked for and legally
14 was entitled to.
15 Just for me to keep track of, do we
16 require those same kinds of reports and standards
17 and rules for every other school district in the
18 State of New York?
19 SENATOR FLANAGAN: Yes.
20 SENATOR KRUEGER: Through you,
21 Mr. President, if the sponsor would continue to
22 yield.
23 SENATOR FLANAGAN: Yes, I will.
24 ACTING PRESIDENT GRIFFO: The
25 sponsor yields.
3957
1 SENATOR KRUEGER: So every other
2 school district in the State of New York is
3 producing the detailed reports we have seen the
4 City of New York distribute to us and put up on
5 their website, even though perhaps not in the
6 format the Senate leader would have requested?
7 So every other school district is providing that
8 same quantity of data to us?
9 SENATOR FLANAGAN: Now, see, we
10 have -- Mr. President, we seem to be making a
11 fundamental distinction again.
12 What I've spoken to is what is
13 required by law. It's not what I asked for, it's
14 compliance with the law. Which was not properly
15 done.
16 Secondarily, I believe that other
17 school districts throughout the State of New York
18 actually in many respects probably have to
19 provide more data. Because before every public
20 school vote on the third Tuesday in May, there's
21 a whole extensive process and procedure under
22 which detailed information has to go to SED, has
23 to be approved, it's part of a property tax
24 report card that they're obligated to do by law.
25 So there is a wealth of information
3958
1 that the other approximately 700 other school
2 districts in the State of New York have to
3 provide to the public before any budget vote.
4 SENATOR KRUEGER: Through you,
5 Mr. President, if the sponsor would continue to
6 yield.
7 SENATOR FLANAGAN: Yes.
8 ACTING PRESIDENT GRIFFO: The
9 sponsor yields.
10 SENATOR KRUEGER: Thank you.
11 Do these reports have to be
12 presented to the Legislature, by law, for these
13 other school districts?
14 SENATOR FLANAGAN: Yes, they do.
15 SENATOR KRUEGER: Through you,
16 Mr. President. Where would we find those?
17 SENATOR FLANAGAN: Senator Krueger,
18 I think I'm correct, if I'm saying it a tad
19 inartfully. I believe there are requirements by
20 law that all those documents need to be provided
21 to the respective leaders of the houses and, I
22 believe, the chairs of the respective Finance and
23 Ways and Means Committee in the Assembly.
24 SENATOR KRUEGER: Through you,
25 Mr. President, if the sponsor would continue to
3959
1 yield.
2 SENATOR FLANAGAN: Yes.
3 ACTING PRESIDENT GRIFFO: The
4 sponsor yields.
5 SENATOR KRUEGER: Thank you,
6 Mr. President.
7 The section of this bill that is
8 different than the previous two bills, in
9 addition to going to a five-year extender of
10 mayoral control, is the addition of a
11 nonrefundable education affordability tax credit.
12 Is that correct?
13 SENATOR FLANAGAN: Yes.
14 SENATOR KRUEGER: Through you,
15 Mr. President, if the sponsor will continue to
16 yield.
17 SENATOR FLANAGAN: Yes.
18 ACTING PRESIDENT GRIFFO: The
19 sponsor yields.
20 SENATOR KRUEGER: What is the
21 dollar amount maximum for any individual to draw
22 down under this tax credit?
23 SENATOR FLANAGAN: It depends upon
24 their level of income.
25 SENATOR KRUEGER: Through you,
3960
1 Mr. President, if the sponsor could clarify, if
2 there's some schedule, what the schedule is,
3 depending on their income?
4 SENATOR FLANAGAN: It's if your
5 income is less than $300,000, it can be
6 90 percent of a contribution. And if your income
7 is greater than $300,000, it's 75 percent of
8 contributions.
9 And the way the program would be
10 structured -- because this debate has taken place
11 before -- it's first come, first served. If
12 there's an oversubscription, then Tax and Finance
13 prorates all eligible parties.
14 SENATOR KRUEGER: Through you,
15 Mr. President, if the sponsor would continue to
16 yield.
17 SENATOR FLANAGAN: Senator, if I
18 may, I just think it would be pertinent to --
19 SENATOR KRUEGER: Sure.
20 SENATOR FLANAGAN: -- add there's a
21 cap, $150 million the first year, $225 million
22 the second year, and $300 million in the third
23 year and thereafter.
24 ACTING PRESIDENT GRIFFO: The
25 Senator had requested you to continue to yield.
3961
1 SENATOR FLANAGAN: Yes.
2 ACTING PRESIDENT GRIFFO: The
3 Senator yields.
4 SENATOR KRUEGER: Thank you.
5 Would I be correct that the maximum
6 deduction someone could take from their state
7 taxes under this plan could be as much as
8 $875,000?
9 SENATOR FLANAGAN: That's correct.
10 SENATOR KRUEGER: Through you,
11 Mr. President, if the sponsor would continue to
12 yield.
13 SENATOR FLANAGAN: Yes.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR KRUEGER: And so adding up
17 those three years that the sponsor offered of up
18 to $150 million in 2018, $250 million in 2019,
19 $300 million in 2020, that would total
20 $675 million of revenue that would not come into
21 the state through its normal revenue for perhaps
22 public education, is that correct?
23 SENATOR FLANAGAN: Yes. But I
24 would hasten to add that we're talking about
25 people who will be making contributions, and
3962
1 50 percent of the money that would be eligible
2 for each of those first three years and
3 thereafter goes to public institutions. I could
4 make a cogent argument that that is directly
5 related to public school education.
6 SENATOR KRUEGER: Through you,
7 Mr. President, if the sponsor will continue to
8 yield.
9 SENATOR FLANAGAN: Yes.
10 ACTING PRESIDENT GRIFFO: The
11 sponsor yields.
12 SENATOR KRUEGER: The sponsor used
13 the term "contribution." Does he mean charitable
14 contribution when he says "contribution"?
15 SENATOR FLANAGAN: Senator Krueger,
16 I simply mean contribution. Whether one
17 considers it philanthropic, benevolent,
18 charitable, wise, prudent, imprudent, that can
19 be -- you can make that decision on your own.
20 SENATOR KRUEGER: Through you,
21 Mr. President, if the sponsor would continue to
22 yield.
23 SENATOR FLANAGAN: Yes.
24 ACTING PRESIDENT GRIFFO: The
25 sponsor yields.
3963
1 SENATOR KRUEGER: I think the word
2 "contribution" is important here because as I
3 read the Senator's bill, you are not paying your
4 taxes, you are instead contributing in a variety
5 of possible ways. But it's not in addition to
6 paying your taxes, as would be the case if it was
7 a charitable contribution under existing law, it
8 would be I'm not paying my taxes to the State of
9 New York, I am taking this allowable annual
10 credit instead. Am I correct?
11 SENATOR FLANAGAN: Senator Krueger,
12 I'm not even going to remotely begin to suggest
13 that I am a financier or someone who is
14 particularly knowledgeable in tax law. This is
15 how I look at it. This provides an option. And
16 the totality of the first three years you
17 described aptly in terms of the overall, quote,
18 unquote, contribution. This is, as it is aptly
19 named, an education investment tax credit for
20 both public and nonpublic entities.
21 SENATOR KRUEGER: Through you,
22 Mr. President, if the sponsor would continue to
23 yield.
24 SENATOR FLANAGAN: Yes.
25 ACTING PRESIDENT GRIFFO: The
3964
1 sponsor yields.
2 SENATOR KRUEGER: So 50 percent
3 available for education scholarship
4 organizations, private schools, 50 percent
5 available for public education entities. But
6 also charters are eligible. Which 50 percent do
7 they fall under?
8 SENATOR FLANAGAN: Public.
9 SENATOR KRUEGER: Public. So it's
10 50 --
11 SENATOR FLANAGAN: Because they
12 are, by definition of law and operation of law,
13 they are public schools.
14 SENATOR KRUEGER: Just wanted to
15 get my facts right. Thank you.
16 So 50 percent private, religious,
17 non-religious, and 50 percent between either
18 public and/or charters. And again, using --
19 neither of us are in finance, we're both here in
20 the Senate working hard. As I understand it, if
21 I owed the State of New York $875,000 in taxes in
22 the year 2018 and I got in the queue early, I,
23 instead of owing the State of New York $875,000
24 in taxes, could instead direct my money as a
25 contribution to private, parochial, public or
3965
1 charter schools. Is that correct?
2 SENATOR FLANAGAN: Yes.
3 SENATOR KRUEGER: Through you,
4 Mr. President, if the sponsor will continue to
5 yield.
6 SENATOR FLANAGAN: Yes.
7 ACTING PRESIDENT GRIFFO: The
8 sponsor yields.
9 SENATOR KRUEGER: The money I'm not
10 taking in taxes but am giving as what's called a
11 contribution to these combinations of school
12 scenarios, do they go for specific children going
13 to these schools and is there an income cutoff
14 for the eligibility of children to receive the
15 largesse of these contributions?
16 SENATOR FLANAGAN: I don't believe
17 it's the intention nor do I believe it would be
18 applicable legally to say I'm going to donate
19 money for one kid in one school in some
20 community. This is a broad range, and I don't
21 think it's applicable to any one individual in
22 particular.
23 SENATOR KRUEGER: Through you,
24 Mr. President --
25 SENATOR FLANAGAN: And frankly,
3966
1 that's not something I would support.
2 SENATOR KRUEGER: Through you,
3 Mr. President, if the sponsor will continue to
4 yield.
5 SENATOR FLANAGAN: Yes.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR KRUEGER: As I am reading
9 the bill, and I confess I could be wrong, that
10 the money would actually -- even if you, the
11 contributor, nontaxpayer anymore, was not naming
12 who the money went to, it would go to students
13 residing in households with certain categories of
14 income. And as I read this, it would be
15 households with up to two children with a federal
16 AGI of up to $500,000 in income per year. Am I
17 reading that bill correctly?
18 SENATOR FLANAGAN: Yes.
19 SENATOR KRUEGER: Through you,
20 Mr. President, on the bill.
21 ACTING PRESIDENT GRIFFO: Senator
22 Krueger on the bill.
23 SENATOR KRUEGER: I want to thank
24 the sponsor for his answers to my questions.
25 Many of the issues in this bill are
3967
1 exactly the concerns raised by my two previous
2 colleagues.
3 I really do believe we could do a
4 straight mayoral extender. Nothing stops us from
5 doing it. It's actually the right answer this
6 late in the process. I'm really fairly amazed
7 that New York City is the only location in the
8 state where we go through this game year in, year
9 out, of whether or not we're going to throw the
10 entire public education system into chaos as the
11 days and the hours count down.
12 And why? Not because we couldn't do
13 a straight mayoral extender. The sponsor has
14 offered us sections of three bills that are three
15 bills that are straight extenders of existing law
16 for mayoral control -- all three of the bills
17 we're debating today, 1506, 1507, and 1508.
18 But instead, some of us at least
19 feel like the City of New York, where I
20 represent, is being held hostage that unless we
21 also give things to charter schools, that we
22 can't have mayoral control extended. And several
23 of my colleagues have pointed out they might like
24 or dislike different proposals within these bills
25 for charter schools, but I've heard them say
3968
1 those should be dealt with as separate,
2 freestanding bills with a separate discussion.
3 I am particularly concerned about
4 this bill because I am long on record as pointing
5 out I actually don't think really, really rich
6 people should get to decide not to pay their
7 taxes, call it a contribution, look like big man
8 or woman on campus, appear to be handing large
9 sums of money to public or private or parochial
10 or charter schools, when it just really means
11 they're not paying their taxes and they're going
12 to get charitable deductibility for it on top of
13 that in their federal taxes -- unless Donald
14 Trump changes that rule soon, and he might.
15 I would rather the State of New York
16 collect its taxes in a fair, progressive and
17 transparent way and then the State of New York
18 make its decisions in a fair, equitable and
19 transparent way of how we distribute money for
20 education. There's even lawsuits that have
21 instructed us on how we should actually be doing
22 that. We have educational aid formulas that
23 instruct us on how to do that.
24 And yet in this bill, we're saying
25 some sub-universe of wealthy people can, instead
3969
1 of paying their taxes towards public education
2 and other needs of the State of New York, they
3 get to decide, I want to put my money there.
4 That's where I'd like to put it. I want to get
5 an award for putting my money there. That's
6 where I'd like to get it.
7 I might be an investor in the same
8 school I'm going to put the money towards.
9 What's the problem with that? There's a bunch of
10 problems with that.
11 And we're not even saying this money
12 has to go for poor children in poor schools.
13 Because in fact I would think most of us agree,
14 if your family income is up to $500,000 a year,
15 under federal AGI you don't really qualify as
16 low income, even middle class. So the targeting
17 of this money is also exceptionally disturbing to
18 me.
19 And while I have had this debate
20 with other sponsors on variations of the exact
21 same proposal and they tell me it's not
22 privatizing government money for vouchers to
23 private schools, you know, it sort of smells and
24 tastes and looks just like privatizing vouchers
25 to private schools with money you're not paying
3970
1 to taxes, you're just getting to spend as you
2 damn please.
3 I think this is the worst of the
4 three bills, even though it would offer a
5 five-year straight extender for the actual
6 section of the law, mayoral control, that many of
7 us think and know we need to move forward on.
8 So I'm recommending a no vote for
9 all the reasons people voted no on Bills 1506 and
10 1507. But even if you thought 6 and 7 you could
11 live with, please think really carefully about
12 the dangerous, dangerous precedent of allowing
13 educational privatized revenue voucher tax
14 credits for the wealthy to, actually, the
15 wealthy.
16 I vote no, Mr. President.
17 ACTING PRESIDENT GRIFFO: Hearing
18 and seeing no other Senator that wishes to be
19 heard, debate is closed, and the Secretary will
20 ring the bell.
21 Read the last section.
22 THE SECRETARY: Section 14. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3971
1 (The Secretary called the roll.)
2 ACTING PRESIDENT GRIFFO: Senator
3 Parker to explain his vote.
4 SENATOR PARKER: Thank you very
5 much, Mr. President. Again, to explain my vote
6 on this very important issue.
7 Again, we want to thank Leader
8 Flanagan for his leadership on this issue.
9 We really want -- myself
10 specifically -- really want to see mayoral
11 control get done. I don't think that this bill,
12 once again, takes us as far as we'd like to go.
13 Also, on the issue of educational
14 tax credits, that's another issue again I
15 support. I think we should be doing that in the
16 context of the budget. There are a lot of
17 parents in my community and surrounding
18 communities in Brooklyn who are sending their
19 children to private and parochial schools who
20 certainly could use the help who are paying lots
21 of their own money and they're not getting the
22 benefit of the public schools, so we certainly
23 should be supporting them with an educational tax
24 credit. I'm certainly looking for an opportunity
25 to vote yes on that legislation.
3972
1 And I obviously want to reemphasize
2 my support for charter schools, but we really
3 ought to be having some real debates and maybe
4 even some public hearings on some of these
5 important issues. But that's a discussion for
6 another day.
7 I vote nay.
8 ACTING PRESIDENT GRIFFO: Senator
9 Parker to be recorded in the negative.
10 Senator Flanagan to explain his
11 vote.
12 SENATOR FLANAGAN: Thank you,
13 Mr. President.
14 It's really fascinating to listen to
15 some of the commentary. I want to thank my
16 colleagues for their time, their questions. And
17 I think it presents a distinction and
18 philosophical divide, to a degree.
19 And I just want to clarify something
20 for people to understand. The whole concept and
21 notion of public hearings, sometimes people get
22 invited and then they cancel. Sometimes people
23 get invited and they don't want to participate.
24 I'll stand here for all the hours
25 necessary. Some of the other people who are
3973
1 deeply involved in these issues should be doing
2 the same thing, especially knowing that this is
3 the end of session.
4 So I just want to go over a couple
5 of basic things so people understand I believe
6 what our conference supports and what I know and
7 I believe.
8 I care about kids. I care about
9 students. I care about poor kids, I care about
10 wealthy kids, I care about kids who don't speak
11 English, I care about children with disabilities.
12 And I'm going to give you a novel concept. If I
13 had my way, every child in the State of New York
14 would have an IEP. Every child. Because if
15 we're educating children the right way, gosh darn
16 it, that's the way we should be doing it. That's
17 number one.
18 I believe in parents. As a proud
19 father of three children, I believe in parents.
20 And their guidance and their wisdom and their
21 input and their involvement should be paramount,
22 because nobody cares more about those children
23 than the parents.
24 I also believe in teachers. I think
25 teaching is probably one of the hardest jobs in
3974
1 the world to do, particularly if it's done right.
2 Those are our priorities. Now, as I
3 said before, the City of New York gets about
4 $10 billion. And if I'm off, I'll be obviously
5 corrected. I believe they need that money, and I
6 don't want to do anything to create the
7 impression of anything to the contrary.
8 And with that magnitude of
9 expenditure, it's right, proper, fair for us to
10 continue to ask questions, just as we all do of
11 our own districts -- whether it's GEA or
12 Foundation Aid, whatever the case may be.
13 Let's not lose sight of the fact
14 that we spend over $29 billion between direct
15 funding and aid to education and the STAR
16 program. So we make a lot of investments in
17 education here in the State of New York.
18 So I want to give two last
19 pertinent, pertinent facts. Two and a half, I'm
20 sorry. I'm looking at my colleague Senator
21 Felder. I've met with him and parents from his
22 communities. There are people who are doing
23 everything possible to give their child an
24 appropriate education, and they are hanging on by
25 a thread. And a lot of those people are parents
3975
1 who make choices that they want their child to
2 have a faith-based education. We want to help.
3 We want to help.
4 Now, unlike the Assembly, let's get
5 our facts straight. There are three bills here
6 that are about mayoral control. Not about sales
7 tax. Not about other communities. You don't
8 have to like these bills, but we put them out.
9 We put them out. The Assembly has not put out a
10 stand-alone bill on mayoral control. So let's be
11 real. Now, based on me saying this at 4:30,
12 they'll probably be in print by 6 o'clock. But
13 there's no bill right now on stand-alone mayoral
14 control.
15 And lastly and most importantly,
16 when mayoral control was extended for six years,
17 don't anybody -- don't anybody labor under the
18 misconception or illusion that everyone just
19 said, Oh, this is awesome, we're going to do a
20 straight extension of mayoral control, we're not
21 going to make Bloomberg go through meetings and
22 hearings and everything else.
23 The changes that were made to get a
24 six-year extension didn't include a straight
25 extension of mayoral control. There were
3976
1 fundamental changes that were made, because that
2 was then and this is now. We have every right
3 and prerogative to be advancing this.
4 Mr. President, I apologize for
5 having gone well over my two minutes, but I just
6 want to make sure that if I had any lack of
7 clarity, that I just fixed it. Thank you.
8 Oh, by the way, I'm voting yes.
9 (Laughter.)
10 ACTING PRESIDENT GRIFFO: Senator
11 Flanagan to be recorded in the affirmative.
12 But as sponsor of the bill, you have
13 five minutes. So you have an additional
14 30 seconds, which we will not yield to anyone.
15 Senator Sanders to explain his vote.
16 SENATOR SANDERS: Mr. President, I
17 will take his extra minutes on this issue.
18 ACTING PRESIDENT GRIFFO:
19 Overruled.
20 (Laughter.)
21 SENATOR SANDERS: Then I will stay
22 within my two.
23 Mr. President, many worthy points
24 have been raised over here in this debate over
25 charter schools, over education. But a point has
3977
1 escaped us all, sadly, and that point is New York
2 City is the only city in New York State that does
3 not have a school board. We don't have a school
4 board. Democracy has not been allowed into
5 New York City.
6 I think that as we struggle for all
7 of these things, that we should put that on the
8 table and we should also figure out ways where
9 you can have mayoral control and have the voice
10 of the parents themselves. We are hearing of
11 parents, but really there's no real way that they
12 can make themselves known and their power known
13 here.
14 So having said that, I believe that
15 all of these bills, as worthy as they are, are
16 still not getting to where we need to be. So on
17 that, and within my two minutes, I'm voting no,
18 sir.
19 ACTING PRESIDENT GRIFFO: Senator
20 Sanders to be recorded in the negative.
21 Senator Latimer to explain his vote.
22 SENATOR LATIMER: Thank you,
23 Mr. President.
24 I'm sorry to speak after the
25 Majority Leader; usually that should be the end
3978
1 of the discussion. But it's very important for
2 me to explain that I'm going to vote no on this
3 bill.
4 And I'm troubled in this regard. I
5 have spent five years in this chamber, and I was
6 tasked by my conference leader to be the ranking
7 Democrat on Education. And I've dialogued with
8 my colleagues, and I've dialogued with my
9 colleagues in the IDC on these issues, and I've
10 been open to my friends across the aisle.
11 But when we are dealing with issues
12 this complicated, I think it's a mistake that the
13 majority makes their decisions and never includes
14 in the development of them minority side of the
15 aisle voices. I have always been willing to be
16 an intelligent, intense -- working on these
17 issues, I've long respected Senator Flanagan's
18 expertise in this area and in my own response
19 have tried to develop some expertise in this
20 area.
21 But these bills that are put before
22 us today are the product of the thinking of one
23 side of the aisle, not a joint dialogue across
24 the aisle. And since ultimately they're going to
25 have to be dealt with by the other house, it
3979
1 would make much more sense to have members of the
2 minority included in the development of these
3 ideas.
4 So while there are elements of this
5 plan, Mr. President, that I have supported in the
6 past -- and if I have any further time in this
7 chamber before I return as a member of the Tin
8 Cup Brigade next year, I hope that we'll be able
9 to have more of a bi- or tripartisan dialogue to
10 get to bills that we can vote for unanimously.
11 That would be the goal here.
12 ACTING PRESIDENT GRIFFO: Senator
13 Latimer to be recorded in the negative.
14 Senator Stavisky to explain her
15 vote.
16 SENATOR STAVISKY: Thank you,
17 Mr. President.
18 As I sat listening to the debate,
19 the thought occurred to me that sometimes the
20 best answer is the simplest answer. And in this
21 case, a simple answer, a simple solution would be
22 a straight extension of mayoral control. Almost
23 like a Christmas tree without any ornaments on
24 it.
25 So, Mr. President, I urge everybody
3980
1 to come together in a simple solution, a one -- I
2 would prefer a two- or three-year extension of
3 mayoral control. But because that is not the
4 case, this Christmas tree has too many ornaments
5 on it. I vote no.
6 ACTING PRESIDENT GRIFFO: Senator
7 Stavisky to be recorded in the negative.
8 The clerk will announce the results.
9 THE SECRETARY: In relation to
10 Calendar 1508, those recorded in the negative are
11 Senators Addabbo, Alcantara, Bailey, Benjamin,
12 Breslin, Brooks, Carlucci, Comrie, Dilan,
13 Gianaris, Hoylman, Kaminsky, Kennedy, Krueger,
14 Latimer, Montgomery, Parker, Peralta, Persaud,
15 Rivera, Sanders, Serrano, Squadron, Stavisky and
16 Stewart-Cousins.
17 Senator Díaz absent from voting.
18 Ayes, 37. Nays, 25.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 Senator DeFrancisco, that completes
22 the controversial reading of that bill.
23 (Inaudible comment from unidentified
24 member.)
25 (Laughter.)
3981
1 SENATOR DeFRANCISCO: I'm sorry, I
2 missed the line, but I don't care to hear it
3 anyway.
4 (Laughter.)
5 SENATOR DeFRANCISCO: If we could
6 go back to motions and resolutions.
7 ACTING PRESIDENT GRIFFO: I'm glad
8 you can still hear.
9 (Reaction from members.)
10 SENATOR DeFRANCISCO: Motions and
11 resolutions.
12 ACTING PRESIDENT GRIFFO: We will
13 return to motions and resolutions.
14 SENATOR DeFRANCISCO: On page 52, I
15 offer the following amendments to Calendar 1114,
16 Senate Print 5830A, by Senator Phillips, and ask
17 that said bill retain its place on the
18 Third Reading Calendar.
19 ACTING PRESIDENT GRIFFO: The
20 amendments are received. The bill shall retain
21 its place on third reading.
22 SENATOR DeFRANCISCO: On page 44, I
23 offer the following amendments to Calendar Number
24 979, Senate Print 5912A, by Senator Jacobs, and
25 ask that said bill retain its place on the
3982
1 Third Reading Calendar.
2 ACTING PRESIDENT GRIFFO: The
3 amendments are received. The bill shall retain
4 its place on third reading.
5 SENATOR DeFRANCISCO: And finally,
6 on page 81 I offer the following amendments to
7 Calendar 1497, Senate Print 6020A, by
8 Senator Seward, and ask that said bill retain its
9 place on the Third Reading Calendar.
10 ACTING PRESIDENT GRIFFO: The
11 amendments are received. The bill shall retain
12 its place on third reading.
13 SENATOR DeFRANCISCO: Since we're
14 back on motions and resolutions, can we please
15 take up Resolution 2808, by Senator Parker, read
16 the title only, and then call on Senator Parker
17 for some powerful but brief remarks.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will read.
20 THE SECRETARY: Legislative
21 Resolution Number 2808, by Senator Parker,
22 honoring PCNYInTheStreets upon the occasion of
23 its designation as recipient of the Excellence in
24 Service Award by the ejuana Corporation.
25 ACTING PRESIDENT GRIFFO: Senator
3983
1 "Succinct" Parker.
2 (Laughter.)
3 SENATOR PARKER: Thank you,
4 Mr. President. I hope to live up to my new
5 moniker.
6 I want to just congratulate
7 Precision Concierge of New York InTheStreets.
8 They're an organization that has very many
9 facets. They actually are a for-business
10 operator, but then also it's a family that does a
11 lot of grassroots work, and particularly around
12 feeding the homeless in New York City. And
13 they've done this for many years.
14 They're really committed to, you
15 know, again --
16 ACTING PRESIDENT GRIFFO: Excuse
17 me.
18 Can I have some order in the house.
19 SENATOR PARKER: Thank you,
20 Mr. President.
21 ACTING PRESIDENT GRIFFO: Sorry,
22 Senator Parker. You may continue.
23 SENATOR PARKER: Thank you.
24 They are -- PCNYInTheStreets is
25 committed to addressing this issue, particularly
3984
1 right now when our economy is unbalanced due to
2 unemployment, unfair judgment towards the
3 homeless population. As we deal with the
4 homeless crisis every single day, here is an
5 organization that has put their money where their
6 mouth is, their time where their mouth is, their
7 energy where their mouth is as it relates to the
8 issue of dealing with this.
9 And they have not only just worked
10 with the homeless population, they also have been
11 mentors to young people and doing a lot of work
12 in partnership with organizations such as foster
13 care agencies like Foster Care Unplugged, the
14 National Basketball Association, restaurants, and
15 various other organizations in our community.
16 They distribute items and take --
17 you know, things that we take for granted every
18 single day, they deliver hygiene kits with, you
19 know, soap and toothpaste and those kind of
20 things. They provide groceries and do boxes of
21 nonperishables to families that need them,
22 particularly those families with young children.
23 And they offer paths to
24 self-sufficiency to men and women who have lost
25 direction, and make available the necessities of
3985
1 life to people experiencing homelessness -- like
2 food, clothing, shelter and personal hygiene.
3 I just want to acknowledge their
4 work, as they've been awarded, through one of the
5 local nonprofits, and they're here with us today.
6 So I just wanted the Senate to take a moment and
7 acknowledge their presence.
8 Thank you very much for all that you
9 do, and I look forward to our continued work
10 together. God bless.
11 ACTING PRESIDENT GRIFFO: Thank
12 you, Senator Parker.
13 We welcome our guests here today,
14 and we appreciate you being in attendance. And
15 we extend all the courtesies of the house to you.
16 I'd ask that the members recognize
17 our distinguished guests.
18 (Standing ovation.)
19 ACTING PRESIDENT GRIFFO: The
20 question is on the resolution. All in favor say
21 aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT GRIFFO: Opposed?
24 (No response.)
25 ACTING PRESIDENT GRIFFO: The
3986
1 resolution is adopted.
2 Senator Parker has opened up the
3 resolution for cosponsorship. If a member would
4 like to be a cosponsor, please notify the desk.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: I have
7 another motion. On page 35, I offer the
8 following amendments to Calendar 799, Senate
9 Print 5502, by Senator Hannon, and ask that said
10 bill retain its place on the Third Reading
11 Calendar.
12 ACTING PRESIDENT GRIFFO: The
13 amendments are received. The bill shall retain
14 its place on third reading.
15 SENATOR DeFRANCISCO: Could we now
16 go back to the noncontroversial reading, in
17 order, of the balance of that calendar, please.
18 ACTING PRESIDENT GRIFFO: We're on
19 Calendar Number 1030.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1030, by Senator Griffo, Senate Print 2730, an
23 act to amend the Penal Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3987
1 THE SECRETARY: Section 5. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: Senator
7 Rivera to explain his vote.
8 SENATOR RIVERA: Thank you,
9 Mr. President. I will be voting in the negative
10 on this piece of legislation.
11 This is a bill by the -- by you,
12 Mr. President, which would create a violent
13 felony offender if that -- somebody who is in
14 prison and up for parole would then be denied
15 parole if that person is, quote, unquote, an
16 imminent threat to society.
17 The problem with this,
18 Mr. President, in the middle of the conversation
19 that we're having statewide about parole and
20 about the concerns of our parole system, the fact
21 that there are -- the question that we should ask
22 ourselves is do we believe in rehabilitation. Do
23 we believe that people that maybe 10, 15, 20, 30,
24 40 years ago might have committed a crime and
25 might have made a mistake have been able to
3988
1 rehabilitate themselves and become better human
2 beings? I believe the answer is yes.
3 And when we introduce pieces of
4 legislation like this, what we're saying is that
5 we do not believe in rehabilitation. We believe
6 that we are leaving it open to the individuals on
7 the Parole Board who potentially might use this
8 as a way to say regardless of what you've done
9 while you've been incarcerated, you are not
10 worthy to be back among us.
11 And I think that that is the wrong
12 way to go, Mr. President. I think that we need
13 to think long and hard.
14 I know that next week or at some
15 point in the next couple of days we'll be talking
16 about the Parole Board and about new members of
17 the Parole Board, and we should be having a real
18 discussion about how to reform that process, not
19 introduce pieces of legislation like this that
20 make it seem as if people who are incarcerated
21 are impossible to rehabilitate.
22 So, Mr. President, I'll be voting in
23 the negative. Thank you.
24 ACTING PRESIDENT GRIFFO: Senator
25 Rivera to be recorded in the negative.
3989
1 Senator Sanders to explain his vote.
2 SENATOR SANDERS: Mr. President, I
3 think that we have forgotten the law of
4 unanticipated consequences here, where I believe
5 that this bill will make prisons more dangerous.
6 And that becomes more dangerous to the correction
7 officers who are there.
8 When you are saying that a person
9 has less to look forward to, they may be less
10 good, if you wish, in prison. And we want the
11 folk to be good, not simply for their own sake,
12 but for the sake of the very worthy correction
13 officers that are there.
14 Also, we're taking more and more
15 power away from parole boards. Isn't that why we
16 have the parole boards? So that they can make
17 the individual assessment, they can look at the
18 particular person and say yes to this one and no
19 to that one by studying their particular case.
20 So under those conditions, I look
21 forward to your redoing this one so I can join
22 you and vote for it. But unfortunately, at this
23 moment I'm voting no.
24 ACTING PRESIDENT GRIFFO: Senator
25 Sanders to be recorded in the negative.
3990
1 Announce the results.
2 Senator Parker to explain his vote.
3 Sorry, Senator Parker.
4 SENATOR PARKER: Mr. President, to
5 explain my vote.
6 First let me thank the sponsor for
7 bringing this bill to the floor. I agree with
8 the sponsor, in that I share the concern about
9 keeping our communities safe. We certainly want
10 to make sure that people who are committing
11 violent crimes in our communities pay their debt
12 to society.
13 But in fact if we have a criminal
14 justice system that is predicated on the rule of
15 law, and we have judges that preside over that
16 criminal justice system that then oversee the
17 court proceedings and then dole out both
18 sentences, then when people are up for parole, we
19 should not be trying to backdoor the notion of
20 determinate sentencing through the back doors of
21 parole.
22 Parole is exactly that. If someone
23 has paid their debt to society and they've done
24 what the sentence calls for and they're eligible
25 for parole, we should not then be burdening the
3991
1 Parole Board with keeping people in over the one
2 thing that they cannot change, that the inmate
3 cannot change, which is their crime. And so no
4 matter what happens, the crime is going to remain
5 the same.
6 But if they're eligible for parole
7 and they have met the standards and the criteria
8 for parole, then they should be allowed to be
9 paroled.
10 And so on that notion, although I
11 want to keep our communities safe and I agree
12 with the sponsor on that, I'm forced to vote no,
13 Mr. President.
14 ACTING PRESIDENT GRIFFO: Senator
15 Parker to be recorded in the negative.
16 Announce the results.
17 THE SECRETARY: In relation
18 Calendar 1030, those recorded in the negative are
19 Senators Alcantara, Comrie, Dilan, Gianaris,
20 Hoylman, Krueger, Montgomery, Parker, Peralta,
21 Persaud, Rivera, Sanders, Serrano, Squadron.
22 Also Senator Bailey and Senator Benjamin.
23 Ayes, 47. Nays, 16.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3992
1 THE SECRETARY: Calendar Number
2 1045, by Senator Lanza, Senate Print 2634, an act
3 to amend the Tax Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of April.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT GRIFFO: Senator
12 Krueger to explain her vote.
13 SENATOR KRUEGER: Yet another bill,
14 Mr. President, to reduce funding for the MTA
15 without the associated alternative revenue that
16 we would put in to ensure the subways and the
17 buses in the 12 counties of the MTA region can in
18 fact address the needs of riders.
19 I'll vote no and continue to vote no
20 on these commuter tax reduction formulas.
21 Thank you.
22 ACTING PRESIDENT GRIFFO: Senator
23 Krueger to be recorded in the negative.
24 Announce the results.
25 THE SECRETARY: In relation to
3993
1 Calendar 1045, those recorded in the negative are
2 Senators Alcantara, Benjamin, Dilan, Gianaris,
3 Hamilton, Hoylman, Montgomery, Persaud, Sanders
4 and Squadron. Also Senator Parker. Also
5 Senator Krueger.
6 SENATOR KRUEGER: Thank you.
7 THE SECRETARY: You're welcome.
8 Ayes, 51. Nays, 12.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1046, by Senator Little, Senate Print 2645A, an
13 act to amend the Tax Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the first of July.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GRIFFO: Senator
22 Hoylman to explain his vote.
23 SENATOR HOYLMAN: Thank you,
24 Mr. President.
25 I understand the need for our ski
3994
1 resorts, particularly those that are struggling
2 to have real snow, to get a tax break in order to
3 produce it.
4 But I wanted to point out that we're
5 giving a tax break for the use of fossil fuels.
6 It's well known that our continued use of fossil
7 fuels is contributing to increased warming of our
8 planet.
9 So if you think about it, this bill
10 could be construed as proactively enabling
11 climate change. We're making it easier for ski
12 resorts to use fossil fuels to produce synthetic
13 snow, while the use of fossil fuels make the
14 product, fake snow, more and more necessary.
15 So I'll be voting in the negative.
16 Thank you, Mr. President.
17 ACTING PRESIDENT GRIFFO: Senator
18 Hoylman to be recorded in the negative.
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar 1046, those recorded in the negative are
22 Senators Alcantara, Bailey, Comrie, Dilan,
23 Hamilton, Hoylman, Krueger, Montgomery, Rivera,
24 Sanders, Squadron, Stavisky and Stewart-Cousins.
25 Ayes, 50. Nays, 13.
3995
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1080, by Senator Seward, Senate Print 4654, an
5 act to amend the Insurance Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1125, by Senator Young, Senate Print 547, an act
18 to amend the Social Services Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3996
1 ACTING PRESIDENT GRIFFO: Could
2 those in the negative please raise your hands
3 again.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 1125, those recorded in the negative are
7 Senators Addabbo, Alcantara, Avella, Bailey,
8 Benjamin, Breslin, Brooks, Comrie, Dilan,
9 Gianaris, Hamilton, Hoylman, Kaminsky, Kennedy,
10 Krueger, Latimer, Montgomery, Parker, Peralta,
11 Persaud, Rivera, Sanders, Savino, Serrano,
12 Squadron, Stavisky and Stewart-Cousins.
13 Ayes, 36. Nays, 27.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1273, by Senator Gallivan, Senate Print 4509A, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect April 1, 2018.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3997
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger to explain her vote.
3 SENATOR KRUEGER: Thank you,
4 Mr. President. Can you guess what I'm going to
5 say?
6 He's not listening. I was going to
7 ask, might you guess what I'm going to say on
8 this bill?
9 ACTING PRESIDENT GRIFFO:
10 Nostradamus I am not.
11 SENATOR KRUEGER: So this is yet
12 another bill where apparently vendors at tracks
13 and casinos and racinos -- I get confused between
14 them all -- just can't make enough money
15 gambling, so they come to the state to get us to
16 change the formula of what they get to keep and
17 what we get.
18 So it would give them more money; it
19 gives the schoolchildren of New York State less
20 money. I'm voting no again, Mr. President.
21 Thank you.
22 ACTING PRESIDENT GRIFFO: Senator
23 Krueger to be recorded in the negative.
24 Announce the results.
25 THE SECRETARY: In relation to
3998
1 Calendar 1273, those recorded in the negative are
2 Senators Brooks, Hoylman, Krueger and Parker.
3 Ayes, 59. Nays, 4.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1285, by Senator Valesky, Senate Print 5903, an
8 act to amend the State Finance Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 60th day.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1290, by Senator DeFrancisco, Senate Print 3506,
21 an act to amend the Public Authorities Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
3999
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1300, by Senator Seward, Senate Print 421, an act
9 to amend the Penal Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the first of November.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1309, by Senator Helming, Senate Print 2572, an
22 act to amend the Penal Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4000
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT GRIFFO: Results.
6 THE SECRETARY: In relation to
7 Calendar 1309, those recorded in the negative are
8 Senators Bailey, Benjamin, Comrie, Gianaris,
9 Hoylman, Krueger, Montgomery, Parker, Peralta,
10 Persaud, Rivera, Sanders, Serrano and Squadron.
11 Ayes, 49. Nays, 14.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1383, by Senator Bonacic, Senate Print 1027, an
16 act to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: In relation to
25 Calendar 1383, those recorded in the negative are
4001
1 Senators Alcantara, Bailey, Benjamin, Comrie,
2 Dilan, Gianaris, Hoylman, Krueger, Montgomery,
3 Parker, Peralta, Persaud, Rivera, Sanders,
4 Serrano, Squadron, Stavisky and Stewart-Cousins.
5 Ayes, 45. Nays, 18.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1390, by Senator Akshar, Senate Print 1248, an
10 act to amend the Judiciary Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect January 1, 2018.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1424, by Senator Gallivan, Senate Print 2512, an
23 act to amend the Criminal Procedure Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4002
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: In relation to
7 Calendar 1424, those recorded in the negative are
8 Senators Hoylman, Krueger and Squadron.
9 Ayes, 60. Nays, 3.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1427, by Senator Helming, Senate Print 2566, an
14 act to amend the Penal Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT GRIFFO: Senator
23 Bailey to explain his vote.
24 SENATOR BAILEY: Thank you,
25 Mr. President.
4003
1 I really believe that our -- we
2 talked about the life of Officer Steven McDonald,
3 so I'm definitely somebody who recognizes the
4 need to make sure that our police officers are
5 protected. But I believe that this bill goes a
6 little too far. I believe that it infringes upon
7 our First Amendment rights of free speech of
8 protestors.
9 And I'm very concerned about the
10 fact that this bill would not actually have to
11 produce evidence of actual -- excuse me, wouldn't
12 have to produce the violence against a police
13 officer. It seems too -- it seems void for
14 vagueness. It seems overbroad, in my opinion.
15 And for that reason I vote no. I
16 applaud the sponsor for her attempt to make sure
17 that our heroes in blue are protected. But this
18 is overbroad, and I believe a violation of the
19 Constitution, so I vote no.
20 ACTING PRESIDENT GRIFFO: Senator
21 Bailey to be recorded in the negative.
22 Senator Parker to explain his vote.
23 SENATOR PARKER: Thank you,
24 Mr. President, to explain my vote.
25 First let me commend the sponsor of
4004
1 the bill for again raising an issue that's very
2 important for our communities.
3 Like her, you know, I love and want
4 the police to have, you know, protection. And we
5 want to protect the police. I have a lot of very
6 good friends and even family members who are
7 members of the New York City Police Department,
8 and actually a few very, very good friends who
9 are State Troopers in this state. And certainly
10 we want to make sure that the folks who are
11 protecting us are protected. And so for that, I
12 commend Senator Helming for bringing this
13 important issue to the fore.
14 I think that we have to look for
15 some other modalities. I think that this bill
16 goes a little far. I'm not sure of even the
17 constitutionality of it.
18 And so for those reasons, despite
19 its good intentions, I'll be voting no.
20 ACTING PRESIDENT GRIFFO: Senator
21 Parker to be recorded in the negative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar 1427, those recorded in the negative are
25 Senators Bailey, Benjamin, Comrie, Gianaris,
4005
1 Hoylman, Krueger, Montgomery, Parker, Rivera,
2 Sanders and Squadron. Also Senator Serrano.
3 Ayes, 51. Nays, 12.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 With previous action on the next
7 three bills, we will now go to Calendar 1518.
8 THE SECRETARY: On page 83, Senator
9 Bonacic moves to discharge, from the Committee on
10 Rules, Assembly Bill Number 8102A and substitute
11 it for the identical Senate Bill 6561,
12 Third Reading Calendar 1518.
13 ACTING PRESIDENT GRIFFO: The
14 substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1518, by Member of the Assembly Weinstein,
18 Assembly Print 8102A, an act in relation to.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
4006
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1528, by Senator Amedore, Senate Print 893, an
6 act to establish.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 The Secretary will continue.
18 THE SECRETARY: Calendar Number
19 1529, by Senator Robach, Senate Print 1014, an
20 act to amend the Correction Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day.
25 ACTING PRESIDENT GRIFFO: Call the
4007
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1530, by Senator Marcellino, Senate Print 1186,
8 an act to amend the Executive Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 60th day.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 61. Nays, 2.
17 Senators Montgomery and Parker recorded in the
18 negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1531, by Senator Marcellino, Senate Print 1311,
23 an act relating to legalizing, validating, and
24 ratifying.
25 ACTING PRESIDENT GRIFFO: Read the
4008
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1532, by Senator Funke, Senate Print 1348, an act
12 to amend Chapter 57 of the Laws of 2012.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1533, by Senator Ritchie, Senate Print 1470, an
25 act to direct.
4009
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1534, by Senator Carlucci, Senate Print 1650, an
13 act to amend the Parks, Recreation and Historic
14 Preservation Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4010
1 1535, by Senator Ritchie, Senate Print 1910A, an
2 act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 180th day.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1536, by Senator Serino, Senate Print 2137A, an
15 act to amend the Social Services Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect April 1, 2017.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4011
1 THE SECRETARY: Calendar Number
2 1537, by Senator Serino, Senate Print 2154A, an
3 act to amend the Social Services Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect October 1, 2018.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1538, by Senator Serino, Senate Print 2155A, an
16 act to amend the Elder Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4012
1 is passed.
2 THE SECRETARY: Calendar Number
3 1539, by Senator Serino, Senate Print 2173, an
4 act to amend the Correction Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect on the first of January.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 1539, those recorded in the negative are
16 Senators Bailey, Comrie, Montgomery, Rivera and
17 Sanders.
18 Ayes, 58. Nays, 5.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1540, by Senator LaValle, Senate Print 2550, an
23 act to amend the Education Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4013
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1541, by Senator LaValle, Senate Print 2554, an
11 act to amend the Education Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 120th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GRIFFO: Senator
20 Sanders to explain his vote.
21 SENATOR SANDERS: Thank you,
22 Mr. President.
23 While I agree that New Yorkers are
24 staggering under the weight of student debt, this
25 is perhaps not the way to go about it. We have
4014
1 to -- this one will reward the banks and will not
2 protect future students. We need a more
3 comprehensive way of dealing with this issue.
4 So although I agree with the
5 short-term aiding of those who are suffering now,
6 we are not looking out for those who are still
7 falling into the same hole. And for that reason,
8 I am voting no.
9 ACTING PRESIDENT GRIFFO: Senator
10 Sanders to be recorded in the negative.
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar 1541, those recorded in the negative are
14 Senators Hoylman, Krueger and Sanders.
15 Ayes, 60. Nays, 3.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1543, by Senator Ranzenhofer, Senate Print 3879,
20 an act to amend the Executive Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
4015
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1544, by Senator Ranzenhofer, Senate Print 3880,
8 an act to amend the Environmental Conservation
9 Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1545, by Senator O'Mara, Senate Print 3931, an
22 act to amend the Transportation Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4016
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1546, by Senator Savino, Senate Print 3981A, an
10 act to amend the Social Services Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 SENATOR VALESKY: Lay it aside for
14 the day.
15 ACTING PRESIDENT GRIFFO: Lay it
16 aside for the day.
17 THE SECRETARY: Calendar Number
18 1547, by Senator Lanza, Senate Print 4059, an act
19 to amend the Correction Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4017
1 (The Secretary called the roll.)
2 ACTING PRESIDENT GRIFFO: Senator
3 Krueger, do you want to speak?
4 SENATOR KRUEGER: Yes.
5 ACTING PRESIDENT GRIFFO: Senator
6 Krueger to explain her vote.
7 I wasn't sure if you were waving to
8 me or if you wanted to speak.
9 SENATOR KRUEGER: No, I wanted you
10 to guess what I was going to say, though, and
11 I'm -- we're not doing that so well today.
12 So I am voting no on this bill. Let
13 me explain why. It actually would put the
14 address of the employer of a Level 2 or 3
15 sex offender on the registry.
16 My concern is that while this might
17 appear to be a bill to try to provide information
18 about where sex offenders are at any given time,
19 where they live or where they work, the dilemma
20 is the actual penalty could be paid by the
21 employer, because people will see that they hire
22 sex offenders and may choose to boycott them, do
23 protests out front --
24 ACTING PRESIDENT GRIFFO: Can I
25 have some order, please.
4018
1 Senator Krueger, continue.
2 SENATOR KRUEGER: Thank you.
3 -- or hurt business, when in fact
4 the employer may be doing a civic good by
5 providing people who have come out of jail a job,
6 hopefully keep them on the straight and narrow,
7 prevent them from having to return back into
8 prison or returning to a life of crime.
9 There is no data that shows that
10 everyone who is a sex offender ends up being a
11 recidivist. And to actually cut off the
12 possibility that anyone will want to hire them
13 because then they too will end up on the registry
14 just seems like the wrong message, and it will be
15 discouraging employers from being willing to hire
16 people when they get out of jail. And frankly,
17 that's bad for all of us.
18 So I vote no, Mr. President.
19 ACTING PRESIDENT GRIFFO: Senator
20 Krueger to be recorded in the negative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 1547, those recorded in the negative are
24 Senators Hoylman, Krueger, Montgomery, Parker,
25 Persaud and Sanders.
4019
1 Ayes, 57. Nays, 6.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1548, by Senator Savino, Senate Print 4135A, an
6 act to amend the Executive Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61. Nays, 2.
15 Senators Hoylman and Montgomery recorded in the
16 negative.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 Calendar Number 1550 has been
20 amended, it is high today, so we will go to
21 Calendar Number 1552.
22 THE SECRETARY: Calendar Number
23 1552, by Senator Valesky, Senate Print 5059A, an
24 act to amend the Abandoned Property Law.
25 ACTING PRESIDENT GRIFFO: Read the
4020
1 last section.
2 THE SECRETARY: Section 10. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1553, by Senator Ranzenhofer, Senate Print 5064A,
12 an act to amend the Environmental Conservation
13 Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62. Nays, 1.
22 Senator Serrano recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4021
1 1555, by the Senate Committee on Rules, Senate
2 Print 5269, an act to amend the Tax Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT GRIFFO: Senator
11 Squadron to explain his vote.
12 SENATOR SQUADRON: Thank you,
13 Mr. President.
14 I believe that this is Senator
15 Rules' first bill passing the house this year --
16 (Scattered applause; laughter.)
17 SENATOR SQUADRON: Senator Rules
18 thanks you for the congratulations.
19 I make a joke, but it's not a joke
20 at all. It's a very poor practice that this
21 house has participated in for many years, as long
22 as I've been here, to introduce bills --
23 including bills like this that are not even sort
24 of omnibus bills outside of the budget process --
25 individual bills dealing with individual
4022
1 districts, but not sponsored by individual human
2 members of this house, not brought to the floor
3 by people who were elected, who were sent here by
4 their constituents, who have bosses that they
5 work for, but instead by an anonymous,
6 nonexistent senator, Senator Rules.
7 I'm not going to vote no on all of
8 these bills, because I'm sure that these
9 localities need what they're asking for and I
10 believe in a whole lot more local control and
11 influence than this house has exhibited, as we
12 see from the difficulty in getting New York City
13 what it so desperately needs to survive.
14 But let's get rid of Senator Rules.
15 We've already increased the size of the Senate
16 over the last 20 years by a whole lot. We don't
17 need a 64th senator that no one elects, that's
18 accountable to no one. It's a bad practice.
19 Let's stop it.
20 I'll vote no {sic}, and I'll say to
21 Senator Rules, congratulations on passing a whole
22 lot of bills this year.
23 ACTING PRESIDENT GRIFFO: Senator
24 Squadron, how do you vote?
25 SENATOR SQUADRON: Aye.
4023
1 ACTING PRESIDENT GRIFFO: Senator
2 Squadron to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: In relation to
5 Calendar 1555, those recorded in the negative are
6 Senators Alcantara, Brooks, Hoylman, Kaminsky,
7 Lanza and Rivera. Also Senator Avella.
8 Ayes, 56. Nays, 7.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1556, by the Senate Committee on Rules, Senate
13 Print 5270, an act to amend the Tax Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GRIFFO: Results.
22 THE SECRETARY: In relation to
23 Calendar 1556, those recorded in the negative are
24 Senators Avella, Brooks, Hoylman, Kaminsky,
25 Lanza, Peralta and Rivera.
4024
1 Ayes, 56. Nays, 7.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1557, by the Senate Committee on Rules, Senate
6 Print 5271, an act to amend the Tax Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Results.
15 THE SECRETARY: In relation to
16 Calendar 1557, those recorded in the negative are
17 Senators Avella, Brooks, Hoylman, Kaminsky, Lanza
18 and Rivera.
19 Ayes, 57. Nays, 6.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1558, by the Senate Committee on Rules, Senate
24 Print 5359, an act to amend the Tax Law.
25 ACTING PRESIDENT GRIFFO: Read the
4025
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT GRIFFO: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar 1558, those recorded in the negative are
11 Senators Avella, Brooks, Hoylman, Kaminsky, Lanza
12 and Rivera.
13 Ayes, 57. Nays, 6.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1559, by Senator Serino, Senate Print 5415A, an
18 act to amend the Elder Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
4026
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1560, substituted earlier by Member of the
6 Assembly Weprin, Assembly Print 6353B, an act to
7 amend the Correction Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 63.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1561, by Senator Croci, Senate Print 5641A, an
20 act to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the same date and in the
25 same manner as Chapter 59 of the Laws of 2017.
4027
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT GRIFFO: Senator
5 Hoylman to explain his vote.
6 SENATOR HOYLMAN: Thank you,
7 Mr. President.
8 I rise to support this legislation
9 and thank my colleague across the aisle. It
10 relates to the criminal background check of Uber
11 drivers and other transportation network drivers.
12 Unfortunately, I think it's another
13 one-house wonder when it comes to sex offender
14 bills. It's actually our 32nd this session.
15 Last year we did 50, so we have a little ways to
16 go.
17 But I think we all know that we can
18 pass a comprehensive piece of legislation called
19 the Child Victims Act, which would open up a
20 window to allow current survivors to file claims
21 against predators who may be still in contact
22 with their kids. A number of states have done
23 that -- California, Connecticut, Delaware,
24 Georgia, Guam, Hawaii, Minnesota and Utah. And
25 to date, according to the statistics, there have
4028
1 been zero instances of false claims. Zero
2 instances of false claims.
3 So I'm hopeful that we can move that
4 legislation as well as support this bill here
5 today. I'll vote aye.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Hoylman in the affirmative.
9 Senator Croci to explain his vote.
10 SENATOR CROCI: Yes, Mr. President,
11 I want to thank my colleagues for their support
12 on this important legislation.
13 For the house, for every member of
14 the Senate's edification, this bill is being
15 entered by Assemblyman Murray, and that this will
16 actually see the light of day. And hopefully the
17 Governor will sign it into law and we will make
18 sure that when your kids or you and your family
19 are driving in a limousine, or you're in a car,
20 you know that the people who are driving you are
21 in fact not guilty of any of these crimes.
22 So I want to thank my colleagues for
23 their support on this, I want to thank the member
24 of the Assembly who is moving this legislation,
25 and I vote aye.
4029
1 ACTING PRESIDENT GRIFFO: Senator
2 Croci to be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1562, by Senator Ortt, Senate Print 5680, an act
9 to require.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1563, by the Senate Committee on Rules, Senate
22 Print 5826, an act to amend the Tax Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4030
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT GRIFFO: Results.
6 THE SECRETARY: In relation to
7 Calendar 1563, those recorded in the negative are
8 Senators Avella, Brooks, Hoylman, Kaminsky, Lanza
9 and Rivera.
10 Ayes, 57. Nays, 6.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1564, by the Senate Committee on Rules, Senate
15 Print 5956, an act to amend the Tax Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GRIFFO: Results.
24 THE SECRETARY: In relation to
25 Calendar 1564, those recorded in the negative are
4031
1 Senators Avella, Brooks, Hoylman, Kaminsky, Lanza
2 and Rivera.
3 Ayes, 57. Nays, 6.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1565, by the Senate Committee on Rules, Senate
8 Print 5957, an act to amend the Tax Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT GRIFFO: Senator
17 LaValle to explain his vote.
18 SENATOR LaVALLE: Thank you,
19 Mr. President, to explain my vote. I'm voting in
20 the negative on this bill.
21 The East End of Long Island, Suffolk
22 County, raises a considerable amount of the
23 revenue from hotels. That's where the
24 Hamiltons are located and the major part of
25 tourism. It does not receive back an equal
4032
1 percentage of what it raises. And that needs to
2 be rectified. And until that is, I will continue
3 to vote no on the hotel/motel tax.
4 ACTING PRESIDENT GRIFFO: Senator
5 LaValle to be recorded in the negative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 1565, those recorded in the negative are
9 Senators Avella, Brooks, Hoylman, Kaminsky,
10 Lanza, LaValle and Rivera.
11 Ayes, 56. Nays, 7.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1566, by the Senate Committee on Rules, Senate
16 Print 5958, an act to amend the Real Property Tax
17 Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT GRIFFO: Announce
4033
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 1566, those recorded in the negative are
4 Senators Avella, Hoylman, Lanza and Rivera.
5 Ayes, 59. Nays, 4.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1567, by the Senate Committee on Rules,
10 Senate Print 5959, an act to amend the Tax Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: In relation to
19 Calendar 1567, those recorded in the negative are
20 Senators Avella, Brooks, Hoylman, Kaminsky, Lanza
21 and Rivera.
22 Ayes, 57. Nays, 6.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4034
1 1568, by the Senate Committee on Rules, Senate
2 Print 5960, an act to amend the Tax Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT GRIFFO: Results.
11 THE SECRETARY: In relation to
12 Calendar 1568, those recorded in the negative are
13 Senators Avella, Brooks, Hoylman, Kaminsky, Lanza
14 and Rivera. Also Senator LaValle.
15 Ayes, 56. Nays, 7.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1569, by Senator Serino, Senate Print 6022, an
20 act to amend the Penal Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
4035
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1570, by Senator Serino, Senate Print 6081, an
8 act to amend Chapter 942 of the Laws of 1983.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1571, by Senator Serino, Senate Print 6431A, an
21 act to amend the Retirement and Social Security
22 Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 4. This
4036
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1572, by Senator DeFrancisco, Senate Print 6459,
10 an act to expand.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 Calendar 1574 has been amended and
22 is high and ineligible.
23 The Secretary will read Calendar
24 1575.
25 THE SECRETARY: Calendar Number
4037
1 1575, by Senator Ritchie, Senate Print 6514, an
2 act to amend the Local Finance Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 13. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62. Nays, 1.
11 Senator Krueger recorded in the negative.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1577, by Senator Serino, Senate Print 6650, an
16 act to amend the Banking Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4038
1 is passed.
2 THE SECRETARY: Calendar Number
3 1579, by Senator Klein, Senate Print 6659, an act
4 to amend the Tax Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Senator
13 Krueger to explain her vote.
14 SENATOR KRUEGER: Apparently
15 there's another racino that didn't get a
16 reduction on what they owe the State of New York
17 and the schoolchildren of New York.
18 So I will again vote no and continue
19 to point out that this is just going to keep
20 happening over and over and over again. And you
21 know, these are private businesses and we don't
22 get to open their books. We're calling to open
23 the books of our schools and our school systems.
24 It seems to me when we're taking gamblers' money,
25 giving it to the house and away from the
4039
1 schoolchildren, we ought to at least be able to
2 look at the books and see why they think they
3 need it,
4 I vote no, Mr. President.
5 ACTING PRESIDENT GRIFFO: Senator
6 Krueger to be recorded in the negative.
7 Senator Bonacic to explain his vote.
8 SENATOR BONACIC: Thank you,
9 Mr. President.
10 The nine racinos throw off
11 $900 million a year for education. Now, in this
12 particular legislation, because I don't see
13 Senator Klein, they have agreed, in order to get
14 the benefit of a vendors award and an enhanced
15 capital award, to build a $185 million hotel.
16 So we take a little step backwards
17 on education to move forward greatly with
18 rateables, with the hopes of bringing more money
19 to education. And I haven't even talked about
20 what the three casinos are doing for education.
21 Thank you, Mr. President. I vote
22 yes.
23 ACTING PRESIDENT GRIFFO: Senator
24 Bonacic to be recorded in the affirmative.
25 Announce the results.
4040
1 THE SECRETARY: In relation to
2 Calendar 1579, those recorded in the negative are
3 Senators Brooks, Croci, Hoylman, Krueger,
4 LaValle, Parker and Squadron. Also Senator
5 Comrie.
6 Ayes, 55. Nays, 8.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1580, by Senator Hannon, Senate Print 6661, an
11 act to amend the Public Health Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1582, by Senator Ortt, Senate Print 6663, an act
24 to amend the Insurance Law.
25 ACTING PRESIDENT GRIFFO: Read the
4041
1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect on the first of January.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 Senator DeFrancisco, that completes
11 the noncontroversial reading of the active list
12 before the house.
13 SENATOR DeFRANCISCO: I've been
14 asked a couple of times what's going to happen
15 the rest of the day, so I'm going to give you a
16 preview.
17 What we have left -- first of all,
18 as soon as I get done speaking, we're going to be
19 at ease for about five to ten minutes. The court
20 stenographer -- not the court, the Senate
21 stenographer has been there taking every word,
22 whether it's a good statement or not, down. So
23 she needs a break, five to ten minutes. Whenever
24 she gets back, I start up again.
25 First thing I'm going to do is call
4042
1 the controversial. It's Senator Bonacic's bill
2 on online gambling, I believe. Then after that
3 there's a supplemental active list of seven bills
4 that starts out with the two Stavisky bills.
5 Then after that we have a supplemental active
6 list which has more than seven bills, and that
7 starts out with two Amedore bills, Calendars 31
8 and 86. After that, we have one other
9 supplemental active list with eight bills,
10 starting with Senator Díaz, his bill.
11 After that we will have a Rules
12 meeting. And what I'm being told, as far as the
13 balance of the calendars, I don't believe
14 anything is going to be laid aside by anybody.
15 Take that for what it's worth. That's number
16 one.
17 Number two is the Rules Committee,
18 there's a Rules list already. And those on the
19 Rules Committee, if they want to take a look at
20 that -- I know that the Democrats want to take a
21 look at it and study it before they go into
22 Rules. But it's out there, and you can -- if you
23 want to just practice voting, you can do that.
24 (Laughter.)
25 SENATOR DeFRANCISCO: So with that,
4043
1 we're at ease for five minutes and then I start
2 in the order I just discussed.
3 ACTING PRESIDENT GRIFFO: The
4 Senate will stand temporarily at ease.
5 (Whereupon, the Senate stood at ease
6 at 5:31 p.m.)
7 (Whereupon, the Senate reconvened at
8 5:40 p.m.)
9 ACTING PRESIDENT GRIFFO: The
10 Senate will return to order.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: Yes, can we
13 now take up the controversial reading of the
14 first active calendar, the one bill, the Senator
15 Bonacic bill.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will ring the bell.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 895, by Senator Bonacic, Senate Print 3898A, an
21 act to amend the Racing, Pari-Mutuel Wagering and
22 Breeding Law.
23 ACTING PRESIDENT GRIFFO: Senator
24 Krueger.
25 SENATOR KRUEGER: Thank you. If
4044
1 the sponsor would please yield.
2 ACTING PRESIDENT GRIFFO: Senator
3 Bonacic, do you yield?
4 SENATOR BONACIC: I do.
5 ACTING PRESIDENT GRIFFO: Senator
6 Krueger.
7 SENATOR KRUEGER: Thank you.
8 So this bill would create a
9 statutory framework for the State Gaming
10 Commission to license and implement Texas Hold'em
11 and Omaha Hold'em online poker games, is that
12 correct?
13 SENATOR BONACIC: It is correct.
14 And I could explain the bill to you;
15 maybe it would save you some time for other
16 questions. But I'll follow your path.
17 SENATOR KRUEGER: Through you.
18 Mr. President, if the sponsor would like to
19 explain the bill, he's welcome to.
20 ACTING PRESIDENT GRIFFO: The
21 sponsor yields.
22 SENATOR BONACIC: I do.
23 This bill will authorize the Gaming
24 Commission to issue up to 11 licenses to operate
25 online poker websites in New York to offer Texas
4045
1 Hold'em and Omaha Hold'em poker. Finally, it
2 provides a regulatory structure for the offering
3 of online poker and for taxation of the proceeds
4 from online poker.
5 What's happening now is that we have
6 illegal sites in New York conducting online
7 poker. There are no consumer protections. There
8 is no tax structure, and therefore we're losing
9 potential money for education.
10 We did this bill last year; there
11 were five no votes. But the difference between
12 last year's bill and this year's bill, any money
13 that is gained from online poker is going to
14 education.
15 Okay. I think I'll stop for -- oh,
16 by the way, one other provision that I think is
17 important.
18 SENATOR KRUEGER: Certainly.
19 SENATOR BONACIC: The online poker
20 platforms must be located at the nine racinos
21 and/or the three casinos and the fourth one to
22 come on shortly. Mortar and brick operation at
23 those places and all the racinos, as well as the
24 casinos, want this legislation.
25 It is now being conducted in three
4046
1 states: Nevada, Jersey, and Delaware. And
2 there's more states where it's pending.
3 SENATOR KRUEGER: Through you,
4 Mr. President, if the sponsor would please yield.
5 SENATOR BONACIC: Yes.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR KRUEGER: Thank you for
9 your answers.
10 So up to 11 licenses can be given by
11 the Gaming Commission, and you just added up I
12 think 14 potentially eligible sites in New York.
13 Is that correct?
14 SENATOR BONACIC: No, no. No, no,
15 let me take a step back.
16 SENATOR KRUEGER: Okay.
17 SENATOR BONACIC: The -- did I say
18 $10 million for 10 years for each license?
19 SENATOR KRUEGER: No. We weren't
20 at the money yet. I was asking how many licenses
21 and how many sites.
22 I thought that you said up to 11
23 licenses, but then when you were counting racinos
24 and casinos, I thought you were up to 13 or 14
25 sites. So I was just trying to make sure I had
4047
1 heard you correctly.
2 SENATOR BONACIC: The reason for
3 the discrepancy, two racinos are going to become
4 casinos. So it's -- they were -- when I said
5 nine racinos, it's going to be seven. Because
6 they were racinos converted to casinos.
7 SENATOR KRUEGER: Then plus four
8 casinos existing?
9 SENATOR BONACIC: Yeah, it's seven
10 and four.
11 SENATOR KRUEGER: I'm sorry -- oh,
12 I lost Mr. President.
13 SENATOR BONACIC: No, seven and
14 four. Seven racinos, four casinos.
15 SENATOR KRUEGER: Yup.
16 SENATOR DeFRANCISCO: Excuse me,
17 Mr. President. Will you perform your duties up
18 there? Because we have a conversation going on
19 right now. Which would probably be better if
20 they took it out of the room and we could do some
21 other things, but --
22 (Laughter.)
23 ACTING PRESIDENT GRIFFO: I'm going
24 to ask both members to go through the house. I'm
25 sorry, we're taking care of some other business.
4048
1 But go ahead.
2 SENATOR BONACIC: And we'll go
3 through Senator DeFrancisco also.
4 ACTING PRESIDENT GRIFFO: It was so
5 entertaining that I had to take care of something
6 else.
7 SENATOR KRUEGER: Through you,
8 Mr. President, if the sponsor will continue to
9 yield.
10 SENATOR BONACIC: Yes.
11 ACTING PRESIDENT GRIFFO: The
12 sponsor yields.
13 SENATOR KRUEGER: As I understand
14 now, he is suggesting 11 licenses and there are
15 11 racinos and/or casinos in the State of
16 New York that would be the only entities eligible
17 to get these licenses. Is that correct?
18 SENATOR BONACIC: That is correct.
19 SENATOR KRUEGER: Through you,
20 Mr. President, if the sponsor would continue to
21 yield.
22 SENATOR BONACIC: Yes.
23 ACTING PRESIDENT GRIFFO: The
24 sponsor yields.
25 SENATOR KRUEGER: These are 10-year
4049
1 licenses, and yet the state law for expanding
2 casinos will allow four additional -- oh, three
3 additional sometime in the near future.
4 So the next three casinos to come
5 online in New York State under existing law, they
6 won't be allowed to have licenses?
7 SENATOR BONACIC: I think we'll
8 probably address that development when they come
9 on board. And it's probably likely that we'll do
10 additional legislation to enhance the amount of
11 licenses. So those three casinos will also be
12 able to do online gaming.
13 SENATOR KRUEGER: Through you,
14 Mr. President, if the sponsor would continue to
15 yield.
16 SENATOR BONACIC: Yes.
17 SENATOR KRUEGER: Does the
18 Commission on Gaming and Wagering have to approve
19 each of these licenses?
20 SENATOR BONACIC: Well, when you
21 say do they have to, they're authorizing it. So
22 there will be a review process to see, you know,
23 who's conducting it.
24 But if the -- you know, we know some
25 of the history of the players with the racinos.
4050
1 We know the history and the background checks for
2 the three owners and operators of the casinos.
3 They've been vetted pretty well. So I would say
4 to you that that's pretty much done.
5 SENATOR KRUEGER: Through you,
6 Mr. President, if the sponsor would continue to
7 yield.
8 SENATOR BONACIC: Yes.
9 ACTING PRESIDENT GRIFFO: The
10 sponsor yields.
11 SENATOR KRUEGER: So Racing and
12 Wagering doesn't really have the ability to say
13 no to anyone.
14 The entities who own the casinos and
15 racinos, will they be 100 percent owners of the
16 online poker businesses as well, they can't bring
17 in other partners?
18 SENATOR BONACIC: The answer is
19 they can bring in another partner, a significant
20 vendor. Yes, they can.
21 SENATOR KRUEGER: Through you,
22 Mr. President, if the sponsor will continue to
23 yield.
24 SENATOR BONACIC: Yes.
25 ACTING PRESIDENT GRIFFO: The
4051
1 sponsor yields.
2 SENATOR KRUEGER: So even though
3 the sponsor and I might agree we have gone
4 through a vetting process and licensing process
5 for who runs the casinos and racinos in the State
6 of New York, since they would each get a
7 license -- the commission couldn't really stop
8 that -- but then they might go into business with
9 other outside businesses who haven't gone through
10 vetting by Racing and Wagering or anything else
11 in the state, how are we going to protect against
12 bad actors going into this business by going into
13 partnerships with the existing casinos and
14 racinos in the State of New York?
15 SENATOR BONACIC: Through you,
16 Mr. President. Under our legislation, every
17 contractor, subcontracting vendor that would
18 partner with a racino and/or casino has to be
19 vetted. And there is a suitability or -- to try
20 to avoid a bad-actor player in this. So they'll
21 look at character, they'll look at history,
22 they'll look at deep financial, deep pockets.
23 And they'll look, obviously, at whether or not
24 there's been any kind of criminality of activity
25 in the past that they've been associated with.
4052
1 So there is a thorough vetting
2 process for those new players that may want to
3 become a partner, as you've asked.
4 SENATOR KRUEGER: Through you,
5 Mr. President, if the sponsor would continue to
6 yield.
7 SENATOR BONACIC: Yes.
8 ACTING PRESIDENT GRIFFO: The
9 sponsor yields.
10 SENATOR KRUEGER: Thank you.
11 So last year we passed an online
12 sports betting bill, but then the multiple
13 companies merged into one company, so I don't
14 remember what the name of the company is right
15 now. But there was -- Draft Kings, maybe? Is
16 that what they are today?
17 SENATOR BONACIC: Draft? They've
18 merged, yeah.
19 SENATOR KRUEGER: They merged.
20 But in that bill, Mr. President,
21 there was some very specific bad-actor language
22 that would prevent people who had been defined
23 under the bad-actor standards from running those
24 businesses.
25 I don't see the same bad-actor
4053
1 language that was in the sports betting bill in
2 the online poker bill. Could the sponsor explain
3 why that same language is not included in this
4 bill?
5 SENATOR BONACIC: On page 5, lines
6 30 to 46 in the bill, in the suitability review
7 for operators and their significant vendors, one
8 of the factors the Gaming Commission must take
9 into consideration is whether or not the operator
10 or significant vendor offered online poker or
11 online gaming in the United States in violation
12 of the law after December 31, 2016.
13 So the language may not be
14 identical, but there is duplicate language that
15 covers the same protections.
16 SENATOR KRUEGER: Through you,
17 Mr. President, if the sponsor would continue to
18 yield.
19 SENATOR BONACIC: I would love to,
20 yes.
21 ACTING PRESIDENT GRIFFO: The
22 sponsor yields.
23 SENATOR KRUEGER: Thank you.
24 I have to disagree with my
25 colleague. In the DFS bad-actor language from
4054
1 last year, it made explicit bad actors were
2 prohibited from receiving a license. In this
3 online poker bill, the commission has only to
4 consider criminal background when conducting
5 suitability review. And as we've already
6 established, they really can't say no because
7 we're saying each and every entity gets a
8 license.
9 So how are we protected from bad
10 actors under established standards in law
11 becoming the business partners in gambling in the
12 State of New York?
13 SENATOR BONACIC: Through you,
14 Mr. President, the Gaming Commission can say no
15 to anyone they deem not suitable.
16 SENATOR KRUEGER: Through you,
17 Mr. President, if the sponsor would continue to
18 yield.
19 SENATOR BONACIC: Yes.
20 ACTING PRESIDENT GRIFFO: The
21 sponsor yields.
22 SENATOR KRUEGER: Thank you.
23 This bill makes explicit that Texas
24 Hold'em and Omaha Hold'em would be recognized as
25 games of skill rather than games of luck or
4055
1 chance. Is that correct?
2 SENATOR BONACIC: That is correct.
3 SENATOR KRUEGER: Through you,
4 Mr. President, if the sponsor would continue to
5 yield.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR BONACIC: I do.
9 SENATOR KRUEGER: So if the State
10 of New York establishes poker as games of skill
11 under law, what stops me from opening up a poker
12 club or a poker game anywhere I wish? Because
13 we've established that now we recognize this as
14 legal. How could we limit it to only online as
15 opposed to real life?
16 SENATOR BONACIC: Through you,
17 Mr. President, we said that the Gaming Commission
18 could only issue a license up to 11 and therefore
19 would not give a license to your poker club.
20 SENATOR KRUEGER: Through you,
21 Mr. President, if the -- you know what,
22 Mr. President, could I ask for a little quiet?
23 ACTING PRESIDENT GRIFFO: Are you
24 bluffing?
25 SENATOR KRUEGER: Am I what?
4056
1 ACTING PRESIDENT GRIFFO: Bluffing.
2 SENATOR KRUEGER: Bluffing? Oh, as
3 in a poker game?
4 ACTING PRESIDENT GRIFFO: There you
5 go.
6 (Laughter.)
7 SENATOR KRUEGER: Oh, I -- touché.
8 I actually don't play poker.
9 ACTING PRESIDENT GRIFFO: Can we
10 have some order in the house, please?
11 Senator Krueger, you may continue.
12 SENATOR KRUEGER: Thank you,
13 Mr. President.
14 This bill would establish poker as a
15 game of skill in the State of New York. I don't
16 believe we have done that under any other law.
17 So while we think we're discussing online poker
18 and online poker licenses, what stops anyone from
19 saying now poker is a recognized gambling
20 activity as a game of skill, and why can't we
21 play it all over the place and charge money for
22 it? What prevents that once we have opened up
23 that door in this bill?
24 SENATOR BONACIC: Through you,
25 Mr. President, because we're making it a
4057
1 violation of the Penal Law to engage in the kind
2 of poker club you're speaking about without a
3 license.
4 That would be Section 225 to 36,
5 page 30 -- at line 30 and continuing.
6 SENATOR KRUEGER: I'm reading,
7 Mr. President.
8 SENATOR BONACIC: On page 8. On
9 page 8, Senator.
10 SENATOR KRUEGER: So through you,
11 Mr. President, if the sponsor would continue to
12 yield.
13 SENATOR BONACIC: Yes.
14 SENATOR KRUEGER: It is the
15 sponsor's position that the language in this
16 section of the bill would actually make explicit
17 that you could not gamble via these two games of
18 poker in any way, shape or form that was not the
19 online poker or taking place at a casino/racino?
20 SENATOR BONACIC: Yes.
21 SENATOR KRUEGER: Through you,
22 Mr. President, I'm just not sure that I agree.
23 But I will accept that the sponsor thinks that's
24 what this says. I'm personally not sure it
25 doesn't open up a whole new set of questions for
4058
1 us.
2 But through you, if the sponsor
3 would continue to yield.
4 SENATOR BONACIC: Yes.
5 ACTING PRESIDENT GRIFFO: The
6 sponsor yields.
7 SENATOR KRUEGER: In the online
8 sporting bill that we debated last year and that
9 passed, there were concerns about bots being
10 participants in the online sports betting
11 activities and the damage that could occur to
12 unknowing players when they did not know they
13 were actually playing against computer bots as
14 opposed to another human being.
15 What kind of protections are there
16 written into this bill to prevent people from I
17 guess being suckered into losing their money
18 against a computer bot when they do online poker?
19 SENATOR BONACIC: There is a
20 provision in the legislation that the casinos and
21 racinos would have penalties for so-called
22 cheating. So right now I don't have that
23 section, but I'll have my rep look for it and
24 when we find it, I'll come back to it.
25 SENATOR KRUEGER: Through you,
4059
1 Mr. President, if the sponsor would continue to
2 yield.
3 SENATOR BONACIC: Yes.
4 ACTING PRESIDENT GRIFFO: The
5 sponsor yields.
6 SENATOR KRUEGER: I appreciate the
7 sponsor looking into it. But perhaps the
8 scenario is not necessarily the casino or the
9 racino or the business they're in business with
10 running the online poker cheating, it's I'm
11 signing up as a player to play Senator Bonacic,
12 but actually I'm running a bot system. So I'm
13 not necessarily the licensed entity, I am using
14 their platform to go into poker cheating because
15 I'm using computer bots to win.
16 What in this law protects poker
17 players from not being ripped off by
18 sophisticated, if you will, hackers of online
19 poker through a bot system?
20 SENATOR BONACIC: Through you,
21 Mr. President, I'm impressed that Senator Krueger
22 is concerned about the consumer protections of
23 people playing poker.
24 I've told you before I started that
25 in North Korea we've had instances of them
4060
1 engaging in online poker illegally without
2 consumer protections, without escrow funds for
3 people that bet and protect their money, and it's
4 untaxed.
5 Now, coming back to your question
6 before, on page 6, line 40 to 45 talks of
7 appropriate safeguards to ensure to a reasonable
8 degree of certainty that the gaming will be
9 honest and fair and they will implement
10 appropriate measures to deter, detect, and the
11 extent of cheating devices.
12 Now, I have never conducted an
13 online gaming. I've been to the State of
14 New Jersey, where this has existed for some time.
15 They have very sophisticated technology that can
16 detect cheaters.
17 And so when you talk about this
18 stuff, I assure you that when we talk about in
19 the bill that there's appropriate safeguards and
20 measures, it's that sophistication and technology
21 that's been going on in those three states with
22 online gaming.
23 SENATOR KRUEGER: Through you,
24 Mr. President. On the bill, but I will go back
25 to additional questions.
4061
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger on the bill.
3 SENATOR KRUEGER: Thank you.
4 I want to thank the sponsor for the
5 questions we've gone through so far.
6 His point that he's surprised I'm
7 concerned about the consumer protection --
8 actually, almost my entire theory of objecting to
9 gambling bills in the Senate is that we aren't
10 protecting consumers.
11 And so there is research being done
12 as we speak, an article from Technology, "The Bot
13 That Bluffed Me," about the fact that the
14 advances in computer bots being used to rip
15 people off in online gambling is extraordinarily
16 high.
17 Yes, there is illegal gambling going
18 on online all over the world, whether it's the
19 Koreans or anyone else who are offering us
20 illegal gambling activities. But in fact the
21 research being done shows that the potential for
22 the gambler to be ripped off without even knowing
23 it is extraordinarily high.
24 The likelihood that the companies
25 will either find this or make good on returning
4062
1 the money to the exploited consumer is not
2 explicit enough for my satisfaction in this bill.
3 And I am not aware of any other
4 state where, when they have in fact found
5 bot-like illegal activities on their online
6 platforms, have actually made good to the gambler
7 with the money back.
8 When you sit at a card game, you
9 might catch someone cheating. But there's a
10 pretty good chance that if and when you do,
11 someone does something about it and you get the
12 money back.
13 But what I'm reading in technology
14 magazines and online sites is that online
15 gambling and bots is technically a much more
16 dangerous form of gambling from a chance of being
17 exploited and ripped off perspective. That in
18 fact some technology experts are arguing this is
19 what will blow up online gambling completely,
20 because we won't be able to control and protect
21 from bots pretending to be other players but
22 standing a statistically incredibly high chance
23 of beating the actual players.
24 That online gambling is actually
25 statistically more addictive than other forms of
4063
1 gambling. Why, you might ask, Mr. President?
2 Because computer software companies and app
3 companies are specializing in creating apps that
4 actually addict your brain. There's a recent
5 book called Brain Hacking. If you watch
6 60 Minutes, you might have seen the story about
7 it just this Sunday, where a person who was a
8 tech insider came to 60 Minutes to explain how he
9 was being hired and others were being hired to
10 ensure that all of us were becoming more addicted
11 to the technology and the apps, like our phones
12 and our computers.
13 I look around this room, and half of
14 us are on them as we speak. I actually feel I
15 may need a 12-step program because of my
16 attachment to my smartphone.
17 So we're being -- literally, we're
18 having our brains reprogrammed to participate in
19 these redundant but fun activities. There's no
20 one around to notice or stop us. Unlike if you
21 show up at the casino every day, your spouse
22 might go, Hello, honey, you don't go to your job
23 anymore and we're not feeding the kids or paying
24 the rent, you're just attached to these machines
25 that are being designed to addict you.
4064
1 And then you face the chance of
2 being ripped off by bots who are actually playing
3 against you. I think this is actually so much
4 worse than the kind of gambling we allow in
5 casinos and racinos and the lottery, that there
6 can't possibly be the protections built into this
7 bill that would actually address my concerns.
8 Now, Mr. President, I would like to
9 go back to asking the sponsor some more
10 questions.
11 ACTING PRESIDENT GRIFFO: Senator
12 Bonacic, are you all in?
13 SENATOR BONACIC: I'm all in.
14 (Laughter.)
15 ACTING PRESIDENT GRIFFO: Senator
16 Krueger.
17 SENATOR KRUEGER: Thank you. Just
18 a few more of the technicalities on the bill.
19 So the bill says that the license
20 fees for the 11 licenses -- which I believe he
21 said were $10 million each -- will go into the
22 state lottery fund for education. Or the
23 opposite? Excuse me, that the -- let me pose it
24 as a question, Mr. President.
25 The licensing fees for the 11
4065
1 licenses goes where?
2 SENATOR BONACIC: Education.
3 SENATOR KRUEGER: So you're saying
4 the licensing fees goes to the lottery for
5 education?
6 SENATOR BONACIC: $110 million will
7 go to education, and 15 percent tax rate of the
8 interactive winnings from -- will go to the state
9 for education.
10 SENATOR KRUEGER: Through you,
11 Mr. President, if the sponsor will continue to
12 yield.
13 SENATOR BONACIC: Yes.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR KRUEGER: So from the
17 sponsor's bill, page 8, Section 1505, the
18 licensees engaged in the businesses of conducting
19 interactive gaming pursuant to this article shall
20 pay a privilege tax based on the licensee's
21 interactive gaming gross revenue at a 15 percent
22 rate, and the commission shall pay into the state
23 lottery fund all taxes imposed by this article.
24 So that implies that the 15 percent
25 share of the winnings does go into the lottery.
4066
1 But I believe that the licensing fees are not
2 explicitly required to go into education.
3 Can I just reask the question? Is
4 it both that go into --
5 SENATOR BONACIC: Yes.
6 SENATOR KRUEGER: Yes. Okay, I'm
7 going to ask staff to double-check that.
8 So through you, Mr. President, on
9 page 5, section -- paragraph 8, starting at the
10 bottom: The commission shall require all
11 licensees to operate interactive gaming to pay a
12 one-time fee of $10 million. Such fee paid by
13 each licensee shall be applied to satisfy in
14 whole or part, as applicable, the licensee's tax
15 obligation, pursuant to Section 1505 of this
16 article, in 60 equal monthly installments
17 allocated to each of the first 60 months of the
18 tax owed.
19 But it doesn't say explicitly
20 anywhere in this section that that goes to
21 education or the lottery fund.
22 SENATOR BONACIC: My good counsel
23 here has said that the license fee is treated as
24 a tax, all taxes go to education. In the
25 legislation.
4067
1 SENATOR KRUEGER: Okay. Through
2 you, Mr. President, if the sponsor will continue
3 to yield.
4 SENATOR BONACIC: Yes.
5 ACTING PRESIDENT GRIFFO: The
6 sponsor yields.
7 SENATOR KRUEGER: Thank you.
8 What provisions are there in this
9 bill to provide increased revenue for people who
10 become addicted? Because again, the research
11 shows there's a higher addiction rate to online
12 gaming than other forms of gambling.
13 SENATOR BONACIC: There is no
14 additional monies for addiction on online gaming.
15 But the -- let me just look at lines 46 and 47.
16 Yeah, just appropriate safeguards to minimize
17 compulsive gaming and to provide notice to
18 participants of resources to help problem
19 gamblers.
20 What we found in New Jersey, you can
21 self-declare you're addicted to gambling and then
22 they would not be allowed to play online gaming
23 at that residence. And/or they could track the
24 monies that are put up in an escrow account to
25 support online gaming for the games they want to
4068
1 play.
2 And if the professionals at the
3 casino think that this could be a problem
4 gambler, but not addicted or declared, they can
5 cut them off. They have that discretion.
6 SENATOR KRUEGER: Through you,
7 Mr. President, if the sponsor would continue to
8 yield.
9 SENATOR BONACIC: Yes.
10 ACTING PRESIDENT GRIFFO: The
11 sponsor yields.
12 SENATOR KRUEGER: Thank you.
13 Shifting to another section, does
14 this new bill take into consideration the fact
15 that the federal government might change how it
16 interprets the Wire Act? And do we have a plan
17 in the event that the Wire Act is reinterpreted
18 by the federal government?
19 SENATOR BONACIC: We could only
20 talk of what the law is today. So let me touch
21 on the Wire Act, since you've raised it.
22 There were two federal laws that we
23 were concerned with when we started fantasy
24 sports and we started online gaming. Now, when
25 you speak of the Wire Act, that prohibits the
4069
1 transmission across state lines of information
2 related to sports betting. Sports betting, not
3 poker.
4 And it was originally adopted in
5 1961 to stop the use of wire communications by
6 unlawful bookmakers to receive information or
7 place bets on sporting events.
8 In a memo issued September 20, 2011,
9 by the Assistant Attorney General, Criminal
10 Division, of the United States Department of
11 Justice, they said the Wire Act has no impact on
12 online gaming if the gaming in question does not
13 involve a sporting event.
14 That's the law today. And that's
15 how we proceed based on what the law is today.
16 SENATOR KRUEGER: Through you,
17 Mr. President. My reason for being concerned
18 about this -- on the bill, Mr. President -- is
19 that while the sponsor is correct in citing the
20 2011 memos, in the interview of the U.S. Senate
21 for recently hired Attorney General Jeff
22 Sessions, he actually was explicit about wanting
23 to reverse the Wire Act and not sharing his
24 predecessor's opinion about the interpretations
25 of allowing online gaming. So I'm just pointing
4070
1 out we might have a new problem on our hands.
2 Going -- you know, on the bill,
3 Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Krueger on the bill.
6 I was hoping you were going to fold,
7 but --
8 (Laughter.)
9 SENATOR KRUEGER: I really have to
10 learn gambling so that I can have this fun
11 repartee with you. I'm sorry, I just can't do
12 it.
13 So no one would be surprised that I
14 am not a big fan of gambling. But as I continue
15 to say, there's probably gambling bills I could
16 support, they're just never the bills that come
17 to the floor of the New York State Senate.
18 I'm really very concerned about
19 online poker. Ironically, a heavy concern is
20 consumer protection, as was spoken by the Senate
21 sponsor being surprised.
22 I'm also concerned that it will
23 directly compete with the enormous investments
24 the State of New York has put into
25 bricks-and-mortar gambling. Because while it's
4071
1 true I guess there will have to be a computer
2 terminal at an existing New York site that is the
3 server -- or whatever we call those today for
4 online gambling -- you need an incredibly small
5 number of people working in online poker to have
6 online poker.
7 And the dilemma is because -- you
8 know, I'm speaking on the bill, Mr. President.
9 ACTING PRESIDENT GRIFFO: Senator
10 Krueger, you're allowed 30 minutes on the bill.
11 The conference is allowed two hours. You have
12 now expended 35 minutes. So I will give you --
13 SENATOR KRUEGER: Okay, I'll talk
14 faster.
15 ACTING PRESIDENT GRIFFO: --
16 exercise a little more flexibility if you could
17 conclude.
18 SENATOR KRUEGER: So it will
19 actually risk the kinds of jobs we have already
20 factored into our economy when we added casinos
21 and racinos, because frankly online poker doesn't
22 require a lot of people to be involved at all.
23 It doesn't involve you going somewhere. It
24 doesn't involve your buying some food or some
25 drink while you're there or staying over at a
4072
1 hotel. It just involves you sitting on your
2 phone or on your computer and spending your
3 money.
4 It is more addictive. More people's
5 money will go down the tubes. You are more
6 likely to be exploited in this kind of gambling.
7 And in closing, please remember when
8 people argue that economic generation comes with
9 expanded gambling, that's actually not true.
10 People have a limited amount of disposable
11 income, and every time they lose it gambling,
12 they are not spending it somewhere else in our
13 local economy.
14 And under this scenario, they won't
15 be spending it anywhere in our local economy.
16 And the only people who will have won any money
17 are the businesses who run these.
18 So I think it's a bad bet,
19 Mr. President, and I urge my colleagues to fold
20 and not vote yes.
21 (Laughter.)
22 SENATOR KRUEGER: I vote no,
23 Mr. President.
24 ACTING PRESIDENT GRIFFO: Seeing
25 and hearing no other Senator that wishes to be
4073
1 heard, the debate is closed. The Secretary will
2 ring the bell.
3 The Secretary will read the last
4 section.
5 THE SECRETARY: Section 5. This
6 act shall take effect on the 180th day.
7 ACTING PRESIDENT GRIFFO: Can I
8 have some order, please, in the chamber.
9 Call the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT GRIFFO: Senator
12 Bonacic.
13 Senator Bonacic will close in the
14 explanation of votes.
15 SENATOR BONACIC: Thank you,
16 Mr. President.
17 Back in 2013 the people of this
18 state, in a constitutional amendment, said that
19 they want commercial gaming in the State of
20 New York as a form of recreation if they so
21 choose. It's their money. They decide how to
22 use it. That's point number one.
23 Point number two, this is projected
24 in this state that in the outyears, $4.5 billion
25 deficit, 2019; $6 billion, 2020, $7.5 billion,
4074
1 2021. We need to enhance our revenues.
2 Since the people have voted, we now
3 have had nine racinos, there will be four
4 casinos, and probably three more four to five
5 years out, probably in the metropolitan area.
6 Probably.
7 That money that comes from gaming in
8 the casinos --
9 ACTING PRESIDENT GRIFFO: Excuse
10 me, Senator Bonacic.
11 Can I have some order and respect,
12 please, in the chamber.
13 Senator Bonacic.
14 SENATOR BONACIC: Eighty percent of
15 that money that comes from commercial gaming
16 comes to us for education.
17 You know how we all are on the
18 budgets. When it comes, we want to see the runs,
19 how is our school districts doing, how is our
20 school districts doing. So this is a revenue
21 enhancer for education.
22 I said before that illegal online
23 gaming is going on, so why don't we monitor it,
24 put consumer protections in, and tax it for a
25 very good purpose. And where those casinos are,
4075
1 in case you forgot, all those counties around the
2 casino -- the host casino, where the casino is
3 located, picks up 10 percent of the action, and
4 all the other counties pick up a sharing of
5 10 percent for property tax reduction and
6 education.
7 Now, I'm not singling out Senator
8 Krueger. She has a moral issue with gambling.
9 And no matter how much -- I'm never going to
10 convince her that gambling is a good thing if she
11 thinks it's an issue of morality.
12 But the people have told us they
13 want this. And we have to be smart about it.
14 It's here. If they don't do it in New York,
15 they'll just go to Jersey and play. And they'll
16 go to the states all around us and play. So we
17 should keep the money in the State of New York
18 and use it for good purposes, which we are.
19 I vote aye. Thank you very much
20 Mr. President.
21 ACTING PRESIDENT GRIFFO: Senator
22 Bonacic to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 895, those recorded in the negative are
4076
1 Senators Brooks, Hoylman, Jacobs, Krueger, Lanza,
2 LaValle, Parker, Ranzenhofer and Squadron.
3 Absent from voting: Senator Díaz.
4 Ayes, 53. Nays, 9.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 Senator DeFrancisco, that concludes
8 the controversial reading.
9 SENATOR DeFRANCISCO: I'd like to
10 go to the supplemental active list, please,
11 noncontroversial.
12 ACTING PRESIDENT GRIFFO: You want
13 the original supplemental active list with
14 Senator Stavisky at the top, Calendar Number
15 1481?
16 You had indicated earlier, Senator
17 DeFrancisco, that we were going to take up a --
18 we have three supplemental active lists before
19 us: The original -- Supplemental Active List 2,
20 with Calendar Number 31, is that what you want,
21 or Calendar Number --
22 SENATOR DeFRANCISCO: What I said
23 was supplemental active list. I didn't say 2 or
24 3.
25 ACTING PRESIDENT GRIFFO: You did,
4077
1 sir, I did hear you. So the Secretary will read.
2 SENATOR DeFRANCISCO: Okay. The
3 supplemental active list starting with two
4 Stavisky bills, will you do the noncontroversial.
5 ACTING PRESIDENT GRIFFO: Thank
6 you.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1481, by Senator Stavisky, Senate Print 5213, an
10 act to amend the Criminal Procedure Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1482, by Senator Stavisky, Senate Print 5220, an
23 act to amend the Criminal Procedure Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4078
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1523, substituted earlier by Member of the
11 Assembly Weprin, Assembly Print 3053, an act to
12 amend the Executive Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect one year after it shall
17 have become a law.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GRIFFO: Results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4079
1 1542, by Senator Parker, Senate Print 3421, an
2 act to amend the Social Services Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60. Nays, 3.
11 Senators Akshar, Murphy and Ortt recorded in the
12 negative.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: On page 86, Senator
16 Díaz moves to discharge, from the Committee on
17 Rules, Assembly Bill Number 2394 and substitute
18 it for the identical Senate Bill 4909, Third
19 Reading Calendar 1551.
20 ACTING PRESIDENT GRIFFO: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1551, by Member of the Assembly Dinowitz,
25 Assembly Print 2394, an act to amend the
4080
1 Executive Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1554, by Senator Stavisky, Senate Print 5222, an
14 act to amend the Real Property Tax Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4081
1 1573, by Senator Stewart-Cousins, Senate Print
2 6462, an act to amend Chapter 118 of the Laws of
3 1969.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 Senator DeFrancisco, that completes
15 the noncontroversial reading of the supplemental
16 active list.
17 SENATOR DeFRANCISCO:
18 Mr. President, will you now take up Supplemental
19 Active List 2, starting with two Senator Amedore
20 bills.
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will read, starting with Calendar
23 Number 31.
24 SENATOR DeFRANCISCO: Before you
25 read the noncontroversial reading of that
4082
1 calendar, can I please go back to motions and
2 resolutions.
3 ACTING PRESIDENT GRIFFO: We'll
4 return to motions and resolutions.
5 SENATOR DeFRANCISCO: On page 48, I
6 offer the following amendments to Calendar 1042,
7 Senate Print 1356, by Senator Funke, and ask that
8 said bill retain its place on the Third Reading
9 Calendar.
10 ACTING PRESIDENT GRIFFO: The
11 amendments are received, and the bill shall
12 retain its place on third reading.
13 SENATOR DeFRANCISCO: Thank you.
14 Can we now go to the noncontroversial reading of
15 Supplemental Active List 2.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number 31,
19 by Senator Amedore, Senate Print 894A, an act to
20 amend the Highway Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
4083
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number 86,
7 by Senator Amedore, Senate Print 898, an act to
8 amend the Mental Hygiene Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 6. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62. Nays, 1.
17 Senator Hoylman --
18 ACTING PRESIDENT GRIFFO: Members
19 be alert, please.
20 Announce the results.
21 THE SECRETARY: Ayes, 61. Nays, 2.
22 Senators Brooks and Hoylman recorded in the
23 negative.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4084
1 THE SECRETARY: Calendar Number
2 299, by Senator LaValle, Senate Print 2482C, an
3 act to amend the Education Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 328, by Senator Little, Senate Print 367A, an act
16 to amend the General Municipal Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4085
1 is passed.
2 THE SECRETARY: Calendar Number
3 341, by Senator Croci, Senate Print 4737A, an act
4 to amend Chapter 350 of the Laws of 2012.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 421, by Senator Ortt, Senate Print 2921A, an act
17 in relation to directing.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62. Nays, 1.
4086
1 Senator Hoylman recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: On page 15, Senator
5 Ortt moves to discharge, from the Committee on
6 Rules, Assembly Bill Number 559A and substitute
7 it for the identical Senate Bill 1152A, Third
8 Reading Calendar 425.
9 ACTING PRESIDENT GRIFFO: The
10 substitution is so ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 425, by Member of the Assembly Woerner,
14 Assembly Print 559A, an act to amend the
15 General Obligations Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4087
1 THE SECRETARY: On page 16, Senator
2 Hannon moves to discharge, from the Committee on
3 Rules, Assembly Bill Number 834B and substitute
4 it for the identical Senate Bill 3567B, Third
5 Reading Calendar 436.
6 ACTING PRESIDENT GRIFFO: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 436, by Member of the Assembly Gunther,
11 Assembly Print 834B, an act directing.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 452, by Senator Ritchie, Senate Print 1907, an
24 act in relation to properties.
25 ACTING PRESIDENT GRIFFO: Read the
4088
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 468, by Senator Alcantara, Senate Print 2386A, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 160th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 62. Nays, 1.
20 Senator Gallivan recorded in the negative.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: On page 17, Senator
24 Akshar moves to discharge, from the Committee on
25 Rules, Assembly Bill Number 3910A and substitute
4089
1 it for the identical Senate Bill 4473A,
2 Third Reading Calendar 472.
3 ACTING PRESIDENT GRIFFO: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 472, by Member of the Assembly Crouch,
8 Assembly Print 3910A, an act to amend the
9 Highway Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: On page 17, Senator
21 Akshar moves to discharge, from the Committee on
22 Rules, Assembly Bill Number 3913A and substitute
23 it for the identical Senate Bill 4475A,
24 Third Reading Calendar 473.
25 ACTING PRESIDENT GRIFFO: The
4090
1 substitution is so ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 473, by Member of the Assembly Crouch,
5 Assembly Print 3913A, an act to amend the
6 Highway Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: On page 17, Senator
18 Marchione moves to discharge, from the Committee
19 on Rules, Assembly Bill Number 6496A and
20 substitute it for the identical Senate Bill
21 4662A, Third Reading Calendar 474.
22 ACTING PRESIDENT GRIFFO: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
4091
1 474, by Member of the Assembly Woerner,
2 Assembly Print 6496A, an act to amend the
3 Highway Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 496, by Senator Amedore, Senate Print 2761, an
16 act to amend the Penal Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 90th day.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Amedore to explain his vote.
4092
1 SENATOR AMEDORE: Mr. President, I
2 rise to support this important piece of
3 legislation.
4 There's no question big-business
5 dealers continue to look at ways to make their
6 product more potent, more powerful, stronger, and
7 all for the reason to make more money, more
8 profits. All the while, overdose deaths in the
9 State of New York continue to rise.
10 They will continue -- these
11 big-business dealers will continue to prey on the
12 most vulnerable in our communities. And until
13 the punishment fits the crime, they will continue
14 to do whatever it takes.
15 So this Laree's Law, combined with
16 other law enforcement measures, we believe here
17 in the Senate will go a long way to stopping the
18 flow of the drugs that are in our communities.
19 I want to introduce Patty Farrell.
20 She's up in the gallery. You all know her
21 because she's been here a few different times on
22 Laree's Law, because Laree, at the age of 18,
23 five days before her 19th birthday, overdosed and
24 died in her bedroom upstairs from Patty.
25 And because of big dealers mixing
4093
1 this poison heroin with fentanyl and other
2 synthetic drugs, we are losing at an astonishing
3 rate our young people and those who are bound by
4 addiction.
5 So I believe, Mr. President, that
6 this will go a long way. And I want to thank
7 Patty for your advocacy, your dedication, your
8 tenacity and your love for so many in New York to
9 help them battle their addiction by this
10 other-prong approach of enforcement.
11 So thank you, Mr. President. I vote
12 aye.
13 ACTING PRESIDENT GRIFFO: Senator
14 Amedore to be recorded in the affirmative.
15 Senator Akshar to explain his vote.
16 SENATOR AKSHAR: Mr. President, I
17 rise to explain my vote.
18 Many of you have heard me say this,
19 that this is, in my humble opinion, one of the
20 most pervasive issues that is plaguing our
21 communities across this great state.
22 And I would say this, that this very
23 epidemic is poisoning the heart and soul of
24 America. It is ripping families apart. We see
25 that all too often. We have in fact taken a
4094
1 multifaceted approach in dealing with this
2 particular issue. We have invested record
3 amounts of money in prevention, education,
4 treatment and recovery.
5 Now is not the time -- and I repeat,
6 now is not the time to discuss overpopulation in
7 correctional facilities, reforms to the criminal
8 justice system. These bills, this particular
9 bill and the rest of the bills that we'll be
10 taking up doesn't penalize those suffering from
11 addiction. It holds people who peddle this
12 poison in our communities accountable.
13 I have to be honest with everybody;
14 I can't help but scratch my head when I see the
15 spokesman of the Assembly say, and I quote,
16 Enhanced penalties are not a solution to
17 addiction. And we'll study the issue.
18 What have you got to study? We're
19 losing a generation of people. The time to act
20 is now. And I would suggest to everybody in this
21 room and everybody in the other house, put people
22 before politics. Please, when voting on these
23 bills, put people before politics.
24 I vote aye, Mr. President.
25 ACTING PRESIDENT GRIFFO: Senator
4095
1 Akshar to be recorded in the affirmative.
2 Senator Kaminsky to explain his
3 vote.
4 SENATOR KAMINSKY: Thank you.
5 I vote in the affirmative and I want
6 to thank the sponsor for this.
7 I have talked to the district
8 attorneys in my area who have described to me the
9 agonizing conversations with families of victims
10 who want to know why the same person who killed
11 their son or daughter is out there standing on
12 the street corner, probably selling to other
13 people -- in fact, definitely selling to other
14 people.
15 Look, we have to have a holistic
16 approach and I completely agree that whether it's
17 treatment or a better focus on mental health --
18 all of which we need to do more on -- there
19 definitely is a place for prosecuting the right
20 people -- or should I say the wrong people.
21 And when people knowingly sell to
22 others that result in their death, this is the
23 least we can do. It's just, it's right, and
24 there's a place for this in our overall holistic
25 approach to combating the heroin epidemic, which
4096
1 is absolutely eating up the area where I live and
2 where so many of you live.
3 So I vote in the affirmative. Thank
4 you to the sponsor. Thank you, Mr. President.
5 ACTING PRESIDENT GRIFFO: Senator
6 Kaminsky to be recorded in the affirmative.
7 Senator Parker to explain his vote.
8 SENATOR PARKER: Thank you,
9 Mr. President, to explain my vote.
10 Let me thank the sponsor of the bill
11 for bringing this forward. As the ranking member
12 on the Alcoholism and Substance Abuse Committee,
13 I certainly share their concerns.
14 As somebody who comes from a place
15 where I've had family members -- I had a brother
16 who was a heroin addict in the 1980s, contracted
17 AIDS, and died in prison. Right? So this is not
18 an abstract thing for me. This is a very real
19 thing for me.
20 And so I'm telling you now that
21 you're not going to stop the heroin epidemic with
22 this bill, that this is a back door to the
23 Rockefeller Drug Laws that we repealed back in
24 2009 exactly because it didn't work.
25 And so I get where everybody is.
4097
1 Patty, I am so sorry for your family and for your
2 daughter and for everything you've gone through.
3 And we want to do everything we can to help
4 families all over. And I'm glad that everybody
5 is at the party now, right, now that good white
6 kids are dying from this. Let's keep it funky.
7 But at the end of the day, this has been a plague
8 in the black and Latino community for 30 years
9 and this body did nothing.
10 And so I'm glad that everybody is
11 now here, I'm glad we're here dealing with this,
12 because everybody deserves to get help on this.
13 But criminalizing it, it didn't work before.
14 It's not like we don't know the history of this.
15 And we don't need to study it, I agree with that.
16 But we do need to provide the kind
17 of services that communities need, the education
18 that communities need. And we actually need to
19 be working on -- if you want to do something from
20 a criminal justice perspective, to work with both
21 federal and state and local agencies to create
22 more task forces to keep the drugs out of our
23 community but to treat people in it.
24 So unfortunately, although I agree
25 with the merits, I can't vote yes on this bill.
4098
1 I'm a no.
2 ACTING PRESIDENT GRIFFO: Senator
3 Parker to be recorded in the negative.
4 Senator Robach to explain his vote.
5 SENATOR ROBACH: Yes,
6 Mr. President. Just quickly to explain my vote.
7 I think we're talking about a lot of
8 things here, and I want to go back to what
9 Senator Akshar said. We have addressed this in a
10 multi-pronged approach. This attempt is to go
11 after the people literally that are profiting off
12 of selling death.
13 And I'm not sure I understand it.
14 In the early '80s when I worked for Monroe
15 County, if you found heroin on the street that
16 was 14 or 15 percent, it was high. This heroin
17 from these dealers -- and I'm not sure how it
18 even works in a business model, let alone a
19 personal model -- is 50 percent heroin and then
20 knowingly cut with fentanyl, which is synthetic
21 heroin, which may be even more dangerous.
22 So they clearly know -- they're not
23 feeding addiction, they're willing to let those
24 people die. They know they are. And in every
25 one of our counties, every one of our
4099
1 neighborhoods, go look at the numbers. The
2 deaths are up. That's with thousands of people
3 being saved by Narcan.
4 So we are not talking about what
5 happened in the past, we are talking about what's
6 going on today in every neighborhood, in every
7 demographic, in every group.
8 So there has to be a clear message
9 to these peddlers literally of not only misery
10 and addiction but now, knowingly, death, but that
11 you're going to pay a price if you choose to cut
12 it with that, continue to sell that, and be out
13 there.
14 And many times we've talked about in
15 this chamber going after the people who are the
16 distributors, the top people. That's what this
17 bill does. And I'm very proud; in my community
18 we have a police department, the Gates Police
19 Department, a suburban police department, that's
20 trying to track, through packaging, the deadly
21 heroin that's being sold in our neighborhood.
22 I want to congratulate Senator
23 Amedore, the task force. This is a bill that, if
24 it gets passed, I literally believe will save
25 people's lives and let people know that in
4100
1 addition to trying to deal with addiction and
2 treatment, that we are not going to let people
3 knowingly sell this. This is a different brand
4 of product. And that if you do choose to do
5 that, you are going to pay the price equal to
6 what you deal to other people.
7 Thank you, Mr. President. I vote
8 yes.
9 ACTING PRESIDENT GRIFFO: Senator
10 Robach to be recorded in the affirmative.
11 Senator Rivera to explain his vote.
12 SENATOR RIVERA: Mr. President,
13 I'll be voting in the negative on this bill.
14 One of my colleagues just referred
15 to we should be focusing on what's happening
16 right now as opposed to what happened in the
17 past. But if it is said that the past is
18 prologue, what we in this body -- I did not serve
19 in this body when thankfully the Rockefeller Drug
20 Laws were reformed in a very big way. I was not
21 in this body when the Rockefeller Drug Laws were
22 imposed. And the reality is that what that did
23 for a very long time was the New York version of
24 a criminal justice system which criminalized not
25 only addiction, but also the communities that it
4101
1 was being sold in.
2 The past is prologue. The folks
3 that have been -- that are currently -- many of
4 them are currently incarcerated around the
5 country. When we think about most of the folks
6 that are incarcerated for nonviolent drug
7 crimes -- this is trickling us back in that
8 direction.
9 So, Mr. President, I thank -- and as
10 I have many times on this floor, I thank my
11 colleagues in the Republican Conference for
12 finally recognizing that addiction is a public
13 health issue and not a criminal justice one.
14 I would remind them that bills like
15 this are precisely what a few decades ago started
16 trickling us towards having hundreds of thousands
17 of people across the country in prison and up to
18 this point, still to this day, the highest
19 population of incarcerated people in the entire
20 world.
21 We should not start trickling back
22 in that direction, Mr. President. I'm thankful
23 that we've been moving in a positive direction.
24 But this bill is not the way to do it. I vote in
25 the negative. Thank you, Mr. President.
4102
1 ACTING PRESIDENT GRIFFO: Senator
2 Rivera to be recorded in the negative.
3 Senator Squadron to explain his
4 vote.
5 SENATOR SQUADRON: Thank you,
6 Mr. President.
7 The good news is that on both sides
8 of the aisle we're all expressing the same values
9 and goals here, and that is a step forward. And
10 I know that folks mean it, a multi-pronged
11 approach, going after the folks who are peddling
12 and pushing poison for young people, treating
13 folks who have addictions. That's a good set of
14 shared values.
15 The problem with this bill is it
16 doesn't reflect those values because while it
17 uses the word "sale," in the law it includes the
18 act of sharing. That means giving something to
19 someone else without compensation for it.
20 So if someone were to unlawfully,
21 without a prescription, take an opiate or
22 controlled substance out of someone's else's --
23 including a family member's -- medicine cabinet,
24 share it or give it to a friend and they went
25 back home, God forbid something happened to that
4103
1 second person. You'd have an A-1 felony, the
2 highest level of penalty we have in this state,
3 the closest thing we have to locking someone up
4 and throwing away the keys.
5 That is not consistent with the
6 goals that we're talking about across the aisle
7 here. It is the impact of this bill. It's the
8 reason I'm a no. And I hope we see more bills
9 that really do reflect the shared values we're
10 hearing across the aisle.
11 Thank you, Mr. President.
12 ACTING PRESIDENT GRIFFO: Senator
13 Squadron to be recorded in the negative.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 496, those recorded in the negative are
17 Senators Alcantara, Bailey, Dilan, Gianaris,
18 Hamilton, Hoylman, Krueger, Montgomery, Parker,
19 Peralta, Rivera, Sanders and Squadron. Also
20 Senators Benjamin and Comrie. Also
21 Senator Persaud. Also Senator Stavisky.
22 Ayes, 46. Nays, 17.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4104
1 539, by Senator Gallivan, Senate Print 2393A, an
2 act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 180th day.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 596, by Senator Golden, Senate Print 233A, an act
15 to establish.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 6. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4105
1 THE SECRETARY: Calendar Number
2 627, by Senator Phillips, Senate Print 4456A, an
3 act to amend the Civil Practice Law and Rules.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 675, by Senator Seward, Senate Print 3959A, an
16 act to amend the Insurance Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4106
1 is passed.
2 THE SECRETARY: Calendar Number
3 701, by Senator Flanagan, Senate Print 3522, an
4 act to amend the Highway Law.
5 ACTING PRESIDENT GRIFFO: There is
6 a home-rule message at the desk.
7 Please read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 723, by Senator Ranzenhofer, Senate Print 5374,
18 an act to amend the New York State Urban
19 Development Corporation Act.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4107
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 731, by Senator LaValle, Senate Print 3834, an
7 act to amend the Education Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 63.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 750, by Senator Ranzenhofer, Senate Print 2642A,
20 an act to amend the Tax Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
4108
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 764, by Senator Griffo, Senate Print 5192, an act
8 to amend the Public Service Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 Calendar 777 has been amended and is
20 therefore ineligible because it's high.
21 Next, Calendar Number 789.
22 THE SECRETARY: Calendar Number
23 789, by Senator Hannon, Senate Print 4632, an act
24 to authorize.
25 ACTING PRESIDENT GRIFFO: Read the
4109
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62. Nays, 1.
8 Senator Bonacic recorded in the negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 821, by Senator Marcellino, Senate Print 1146A,
13 an act to amend the Education Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GRIFFO: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 821, those recorded in the negative are
25 Senators Bailey, Comrie, Hamilton, Hoylman,
4110
1 Krueger, Montgomery, Parker, Peralta, Persaud,
2 Rivera, Sanders, Serrano and Stewart-Cousins.
3 Also Senator Dilan. Also Senator Squadron. Also
4 Senator Stavisky. Also Senator Gianaris.
5 Ayes, 46. Nays, 17.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 831, by Senator DeFrancisco, Senate Print 3203,
10 an act to amend the Education Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: On page 36, Senator
22 Young moves to discharge, from the Committee on
23 Rules, Assembly Bill Number 4742A and substitute
24 it for the identical Senate Bill Number 2585A,
25 Third Reading Calendar 841.
4111
1 ACTING PRESIDENT GRIFFO: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 841, by Member of the Assembly Giglio, Assembly
6 Print 4742A, an act to amend the Highway Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 859, by Senator Lanza, Senate Print 2602, an act
19 to amend the Environmental Conservation Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4112
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: On page 39, Senator
6 Bonacic moves to discharge, from the Committee on
7 Judiciary, Assembly Bill Number 6955 and
8 substitute it for the identical Senate Bill 5737,
9 Third Reading Calendar 873.
10 ACTING PRESIDENT GRIFFO: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 873, by Member of the Assembly Buchwald, Assembly
15 Print 6955, an act to amend the Judiciary Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4113
1 THE SECRETARY: Calendar Number
2 883, by Senator Croci, Senate Print 1853, an act
3 to amend the Executive Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 891, by Senator LaValle, Senate Print 3828, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect September 1, 2018.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4114
1 is passed.
2 THE SECRETARY: Calendar Number
3 916, by Senator Lanza, Senate Print 2631, an act
4 to amend the Penal Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: In relation to
13 Calendar 916, those recorded in the negative are
14 Senators Hoylman, Montgomery and Parker.
15 Ayes, 60. Nays, 3.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 917, by Senator Golden, Senate Print 2744, an act
20 to amend the Penal Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 14. This
24 act shall take effect on the first of November.
25 ACTING PRESIDENT GRIFFO: Call the
4115
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Results.
4 THE SECRETARY: Ayes, 61. Nays, 2.
5 Senators Montgomery and Parker recorded in the
6 negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 920, by Senator Lanza, Senate Print 3538, an act
11 to amend the Penal Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar 920, those recorded in the negative are
21 Senators Hoylman, Krueger, Montgomery, Parker and
22 Squadron.
23 Ayes, 58. Nays, 5.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4116
1 THE SECRETARY: Calendar Number
2 921, by Senator LaValle, Senate Print 3857, an
3 act to amend the Penal Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 90th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62. Nays, 1.
12 Senator Montgomery recorded in the negative.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 928, by Senator Croci, Senate Print 5946, an act
17 to amend the Executive Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 63.
4117
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 965, by Senator Akshar, Senate Print 4474A, an
5 act to amend the Highway Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 999, by Senator Klein, Senate Print 5619, an act
18 to establish.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 11. This
22 act shall take effect on the 180th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
4118
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1007, by Senator Carlucci, Senate Print 391A, an
6 act to amend the Public Officers Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the first of January.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Krueger to explain her vote.
16 SENATOR KRUEGER: Thank you,
17 Mr. President.
18 So this bill would change a 40-year
19 system where people who work for the City of
20 New York, some of whom live in the City of
21 New York and some of whom live outside of the
22 City of New York, currently all pay equal taxes
23 to the city. And it's been fair, and it's been
24 equitable.
25 If this law gets passed, the City of
4119
1 New York reports they will lose, in the first
2 year, $156 million of revenue. It will actually
3 create a model that encourages more and more
4 people to move out of the City of New York.
5 Now, many of you don't seem to love
6 New York City residents, so I don't know if you
7 want us moving into your districts. I think not.
8 But I know that this is the wrong thing to do for
9 the City of New York. They have explicitly urged
10 a no vote.
11 And I don't know why we here in the
12 Senate tonight, at 7 p.m. on whatever night of
13 June this is, would choose to reverse 40 years of
14 established law for New York City's tax policy.
15 I urge a no vote, certainly if you come from the
16 City of New York, and maybe if you live outside
17 the City of New York and don't want us moving to
18 your neighborhoods.
19 I vote no, Mr. President. Thank
20 you.
21 ACTING PRESIDENT GRIFFO: Senator
22 Krueger to be recorded in the negative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 1007, those recorded in the negative are
4120
1 Senators Alcantara, Bailey, Benjamin, Comrie,
2 DeFrancisco, Dilan, Gianaris, Hamilton, Hoylman,
3 Krueger, Montgomery, Parker, Peralta, Persaud,
4 Rivera, Sanders, Savino, Serrano, Squadron and
5 Stavisky.
6 Ayes, 43. Nays, 20.
7 ACTING PRESIDENT GRIFFO: The bill
8 passes.
9 THE SECRETARY: On page 46, Senator
10 Little moves to discharge, from the Committee on
11 Rules, Assembly Bill Number 7646A and substitute
12 it for the identical Senate Bill Number 4276B,
13 Third Reading Calendar 1010.
14 ACTING PRESIDENT GRIFFO: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1010, by Member of the Assembly Jones, Assembly
19 Print 7646A, an act to amend the Indian Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4121
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1017, by Senator Boyle, Senate Print 638, an act
7 to amend the Penal Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT GRIFFO: Results.
16 THE SECRETARY: In relation to
17 Calendar 1017, those recorded in the negative are
18 Senators Alcantara, Bailey, Comrie, Dilan,
19 Hamilton, Hoylman, Krueger, Montgomery, Parker,
20 Persaud, Rivera, Sanders, Serrano and Squadron.
21 Ayes, 49. Nays, 14.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1019, by Senator O'Mara, Senate Print 724A, an
4122
1 act to amend the Penal Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 90th day.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GRIFFO: Senator
10 Krueger to explain her vote.
11 SENATOR KRUEGER: While this would
12 not apply to the City of New York, I worry about
13 everyone's children. And in fact the sparkling
14 devices can put someone's eye out or cause
15 incredible burns.
16 So I would urge, on behalf of the
17 parents of New York State, that we not allow
18 these sparklers to be sold and end up with too
19 many damaged children, particularly around
20 July 4th.
21 And also I'm feeling bad that I
22 wasn't continuing my Senator No Fun streak. So
23 on behalf of Senator No Fun, we should try to
24 keep our children whole until they become adults.
25 I vote no, Mr. President.
4123
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger in the negative.
3 Announce the results.
4 THE SECRETARY: Ayes, 61. Nays, 2.
5 Senators Hoylman and Krueger recorded in the
6 negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1027, by Senator Golden, Senate Print 1864, an
11 act to amend the Penal Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 60th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 62. Nays, 1.
20 Senator Dilan recorded in the negative.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 Calendar Number 1042 has been
24 amended and therefore is high and ineligible.
25 Calendar Number 1060.
4124
1 THE SECRETARY: Calendar Number
2 1060, by Senator O'Mara, Senate Print 2083A, an
3 act to amend the Transportation Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62. Nays, 1.
12 Senator Gianaris recorded in the negative.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: On page 49, Senator
16 Croci moves to discharge, from the Committee on
17 Rules, Assembly Bill Number 7186 and substitute
18 it for the identical Senate Bill 5511, Third
19 Reading Calendar 1069.
20 ACTING PRESIDENT GRIFFO: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1069, by Member of the Assembly Thiele, Assembly
25 Print 7186, an act to amend Chapter 435 of the
4125
1 Laws of 2014.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62. Nays, 1.
10 Senator Serrano recorded in the negative.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1106, by Senator DeFrancisco, Senate Print 3297,
15 an act to amend the General Municipal Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GRIFFO: If you're
24 in the negative, raise your hand or we'll list
25 you in the affirmative.
4126
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 1106, those recorded in the negative are
4 Senators Addabbo, Alcantara, Avella, Bailey,
5 Benjamin, Breslin, Brooks, Carlucci, Comrie,
6 Dilan, Gianaris, Hamilton, Hoylman, Kaminsky,
7 Kennedy, Klein, Krueger, Latimer, Montgomery,
8 Parker, Peralta, Persaud, Rivera, Sanders,
9 Savino, Serrano, Squadron, Stavisky,
10 Stewart-Cousins and Valesky.
11 Ayes, 33. Nays, 30.
12 (Reaction from members.)
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1113, by Senator LaValle, Senate Print 5776A, an
17 act to amend Section 1 of Chapter --
18 SENATOR DeFRANCISCO: Lay it aside
19 for the day.
20 ACTING PRESIDENT GRIFFO: Lay the
21 bill aside for the day.
22 Calendar Number 1114 has been
23 amended and is high and ineligible for
24 consideration.
25 Calendar Number 1117 is before the
4127
1 house.
2 THE SECRETARY: Calendar Number
3 1117, by Senator Phillips, Senate Print 5944A, an
4 act authorizing.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: On page 56,
16 Senator Hannon moves to discharge, from the
17 Committee on Rules, Assembly Bill Number 7203 and
18 substitute it for the identical Senate Bill 4741,
19 Third Reading Calendar 1145.
20 ACTING PRESIDENT GRIFFO: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1145, by Member of the Assembly Jones,
25 Assembly Print 7203, an act to amend the
4128
1 Public Health Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Roll
7 call.
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1147, by Senator Hannon, Senate Print 5357, an
13 act to amend the Public Health Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 13. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT GRIFFO: Roll
19 call.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1149, by Senator Akshar, Senate Print 5670, an
4129
1 act to amend the Public Health Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 90th day.
6 ACTING PRESIDENT GRIFFO: Roll
7 call.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1153, by Senator Jacobs, Senate Print 5884, an
14 act to amend the Public Health Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Roll
20 call.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4130
1 1155, by Senator Valesky, Senate Print 5940, an
2 act to amend the Public Health Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 180th day.
7 ACTING PRESIDENT GRIFFO: Roll
8 call.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1157, by Senator Seward, Senate Print 6012, an
15 act to amend the Social Services Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4131
1 THE SECRETARY: Calendar Number
2 1158, by Senator Hannon, Senate Print 6053, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect on the 60th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 Calendar 1176 has been amended and
15 is high and ineligible for consideration.
16 The Secretary will read
17 Calendar 1179.
18 SENATOR MARCELLINO: Lay the bill
19 aside for the day.
20 ACTING PRESIDENT GRIFFO: Lay that
21 bill aside for the day.
22 Calendar 1196 is before the house.
23 THE SECRETARY: Calendar Number
24 1196, by Senator Marchione, Senate Print 4514, an
25 act to amend Chapter 556 of the Laws of 2007.
4132
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: In relation to
9 Calendar 1196, those recorded in the negative are
10 Senators Brooks, Kaminsky and Lanza.
11 Ayes, 60. Nays, 3.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1243, by Senator Hamilton, Senate Print 5120, an
16 act to establish.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4133
1 is passed.
2 THE SECRETARY: Calendar Number
3 1246, by Senator Golden --
4 SENATOR DeFRANCISCO: Lay it aside
5 for the day, please.
6 ACTING PRESIDENT GRIFFO: Lay it
7 aside for the day.
8 THE SECRETARY: Calendar Number
9 1263, by Senator Griffo, Senate Print 2539, an
10 act to amend the Vehicle and Traffic Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 90th day.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1267, by Senator Murphy, Senate Print 4243, an
23 act to amend the Executive Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4134
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1269, by Senator Murphy, Senate Print 4247A, an
11 act to amend the Executive Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1272, by Senator Felder, Senate Print 4491, an
24 act to amend the Tax Law.
25 ACTING PRESIDENT GRIFFO: Read the
4135
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: On page 63, Senator
11 Gallivan moves to discharge, from the Committee
12 on Rules, Assembly Bill Number 7568 and
13 substitute it for the identical Senate Bill 5407,
14 Third Reading Calendar 1278.
15 ACTING PRESIDENT GRIFFO: The
16 substitution is so ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1278, by Member of the Assembly Weprin, Assembly
20 Print 7568, an act to amend the Executive Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
4136
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1283, by Senator Little, Senate Print 5661B, an
8 act to amend the Public Health Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect April 1, 2018.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1307, by Senator Marcellino, Senate Print 1182,
21 an act to amend the Penal Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 6. This
25 act shall take effect on the first of November.
4137
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61. Nays, 2.
5 Senators Montgomery and Parker recorded in the
6 negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1308, by Senator Avella, Senate Print 1876, an
11 act to amend the Penal Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GRIFFO: Results.
20 THE SECRETARY: In relation to
21 Calendar 1308, those recorded in the negative are
22 Senators Alcantara, Bailey, Benjamin, Brooks,
23 Comrie, Gianaris, Hoylman, Krueger, Montgomery,
24 Parker, Persaud, Rivera, Sanders, Serrano,
25 Squadron and Stewart-Cousins.
4138
1 Ayes, 47. Nays, 16.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1313, by Senator Lanza, Senate Print 3313, an act
6 to amend the Penal Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of November.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61. Nays, 2.
15 Senators Montgomery and Sanders recorded in the
16 negative.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1324, by Senator Klein, Senate Print 6369A, an
21 act to amend the General Business Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
4139
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: On page 67, Senator
8 Marchione moves to discharge, from the Committee
9 on Rules, Assembly Bill Number 6000 and
10 substitute it for the identical Senate Bill 3692,
11 Third Reading Calendar 1327.
12 ACTING PRESIDENT GRIFFO: There is
13 a home-rule message at the desk.
14 The substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1327, by Member of the Assembly Woerner,
18 Assembly Print 6000, an act to authorize.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
4140
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: On page 67, Senator
5 Marchione moves to discharge, from the Committee
6 on Rules, Assembly Bill Number 5976 and
7 substitute it for the identical Senate Bill 3693,
8 Third Reading Calendar 1328.
9 ACTING PRESIDENT GRIFFO: There is
10 a home-rule message present at the desk.
11 The substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1328, by Member of the Assembly Woerner,
15 Assembly Print 5976, an act to authorize.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4141
1 THE SECRETARY: Calendar Number
2 1340, by Senator Phillips, Senate Print 5704, an
3 act to amend the Retirement and Social Security
4 Law.
5 ACTING PRESIDENT GRIFFO: There is
6 a home-rule message present at the desk.
7 The Secretary will read the last
8 section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Phillips to explain her vote.
16 SENATOR PHILLIPS: Yes, just
17 quickly, everyone.
18 I just want to say Nassau County
19 police medics serve our community, they provide
20 the highest possible quality emergency care.
21 These police medics respond to all kinds of
22 situations in all kinds of places -- on highways,
23 at fire scenes, in railroad incidences and crime
24 scenes.
25 This legislation brings the
4142
1 Nassau County police medics into line with the
2 disability benefits that many other first
3 responders already have. And I urge and thank
4 all my colleagues for supporting this.
5 Thank you. I vote aye,
6 Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Phillips to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1349, by Senator Hamilton, Senate Print 3758A, an
15 act to amend the Banking Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4143
1 THE SECRETARY: Calendar Number
2 1353, by Senator Griffo, Senate Print 5990A, an
3 act to amend the General Municipal Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1361, by Senator Marchione, Senate Print 219, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4144
1 is passed.
2 THE SECRETARY: Calendar Number
3 1362, by Senator Murphy, Senate Print 284, an act
4 to amend the Vehicle and Traffic Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1363, by Senator Robach, Senate Print 285, an act
17 to amend the Penal Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of November.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62. Nays, 1.
4145
1 Senator Montgomery recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1366, by Senator Ortt, Senate Print 376, an act
6 to amend the Education Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1368, by Senator Golden, Senate Print 420, an act
19 to amend the Criminal Procedure Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4146
1 (The Secretary called the roll.)
2 THE SECRETARY: In relation to
3 Calendar 1368, those recorded in the negative are
4 Senators Alcantara, Bailey, Hoylman and
5 Montgomery. Also Senator Benjamin. Also
6 Senator Squadron.
7 ACTING PRESIDENT GRIFFO: Hands up,
8 please, if you're in the negative.
9 Results.
10 THE SECRETARY: In relation to
11 Calendar 1368, those recorded in the negative are
12 Senators Alcantara, Bailey, Benjamin, Gianaris,
13 Hoylman, Montgomery, Parker, Peralta, Persaud,
14 Rivera, Sanders and Squadron. Also
15 Senator Krueger.
16 Ayes, 50. Nays, 13.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1370, by Senator Young, Senate Print 513, an act
21 to amend the Criminal Procedure Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4147
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1371, by Senator Young, Senate Print 554, an act
9 to amend the Criminal Procedure Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of November.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT GRIFFO: Results.
18 THE SECRETARY: In relation to
19 Calendar 1371, those recorded in the negative are
20 Senators Bailey, Benjamin, Comrie, Dilan,
21 Gianaris, Hoylman, Krueger, Montgomery, Parker,
22 Rivera, Sanders, Serrano and Squadron.
23 Ayes, 50. Nays, 13.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4148
1 THE SECRETARY: Calendar Number
2 1373, by Senator Ortt, Senate Print 695, an act
3 to amend the Canal Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: In relation to
15 Calendar 1373: Ayes, 62. Nays, 1. Senator
16 Dilan recorded in the negative.
17 ACTING PRESIDENT GRIFFO: The bill
18 still passes.
19 THE SECRETARY: Calendar Number
20 1376, by Senator Ritchie, Senate Print 759, an
21 act to amend the Penal Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of November.
4149
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1377, by Senator Carlucci, Senate Print 783, an
9 act to amend the Public Health Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT GRIFFO: Results.
18 THE SECRETARY: In relation to
19 Calendar 1377, those recorded in the negative are
20 Senators Bailey, Breslin, Comrie, Dilan,
21 Gianaris, Hoylman, Krueger, Montgomery, Parker,
22 Rivera, Sanders, Serrano, Squadron and Stavisky.
23 Also Senator Benjamin.
24 Ayes, 48. Nays, 15.
25 ACTING PRESIDENT GRIFFO: The bill
4150
1 is passed.
2 THE SECRETARY: Calendar Number
3 1381, by Senator Ortt, Senate Print 880, an act
4 to amend the Penal Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 6. This
8 act shall take effect on the first of November.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1382, by Senator Croci, Senate Print 915, an act
17 to amend the Education Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT GRIFFO: Results.
4151
1 THE SECRETARY: In relation to
2 Calendar 1382, those recorded in the negative are
3 Senators Benjamin, Breslin, Comrie, Dilan,
4 Gianaris, Hoylman, Krueger, Montgomery, Parker,
5 Rivera, Sanders, Serrano, Squadron and Stavisky.
6 Also Senator Kennedy.
7 Ayes, 48. Nays, 15.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1384, by Senator Bonacic, Senate Print 1032, an
12 act to amend the Penal Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1385, by Senator Carlucci, Senate Print 1036, an
25 act to amend the Tax Law.
4152
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1386, by Senator Felder, Senate Print 1111, an
13 act establishing.
14 ACTING PRESIDENT GRIFFO: The
15 Secretary will read the last section and call the
16 roll.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 Senator DeFrancisco, why do you
4153
1 rise?
2 SENATOR DeFRANCISCO: Yes, can you
3 go back to Calendar Number 1381. And I'd like to
4 request, with unanimous consent, that we move to
5 reconsider the vote by which this bill was
6 passed.
7 ACTING PRESIDENT GRIFFO: Without
8 objection, it is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1381, by Senator Ortt, Senate Print 880, an act
12 to amend the Penal Law.
13 ACTING PRESIDENT GRIFFO: I'll
14 entertain a motion to reconsider the vote.
15 SENATOR DeFRANCISCO: I move to
16 reconsider the vote by which this bill was
17 passed.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT GRIFFO: We'll
23 accept amendments.
24 SENATOR DeFRANCISCO: Now can we
25 read the last section. Read the bill, then the
4154
1 last section to revote.
2 ACTING PRESIDENT GRIFFO: The
3 amendments are received. The bill --
4 SENATOR DeFRANCISCO: Let me
5 clarify that. Do whatever you have to do to
6 revote.
7 (Laughter.)
8 ACTING PRESIDENT GRIFFO: Thank
9 you. All right. So we're going to call it up
10 again, and it's before the house.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1381, by Senator Ortt, Senate Print 880, an act
14 to amend the Penal Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 6. This
18 act shall take effect on the first of November.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT GRIFFO: Senator
23 Gianaris to explain his vote.
24 SENATOR GIANARIS: Yeah, thank you,
25 Mr. President.
4155
1 Just because there's some confusion
2 in terms of whether this bill was included in our
3 packets, I just want to let all the members know
4 this bill reduces the weight requirements as it
5 relates to penalties for heroin offenses, to
6 compensate for the lighter weight of heroin.
7 So everyone knows what they're
8 voting on, that's what this bill does.
9 I will be voting in the negative.
10 ACTING PRESIDENT GRIFFO: Senator
11 Gianaris to be recorded in the negative.
12 Results.
13 THE SECRETARY: In relation to
14 Calendar 1381, those recorded in the negative are
15 Senators Bailey, Benjamin, Comrie, Gianaris,
16 Krueger, Montgomery, Parker, Persaud, Sanders and
17 Squadron.
18 Ayes, 53. Nays, 10.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 Calendar Number 1400 is before the
22 house.
23 THE SECRETARY: Calendar Number
24 1400, by Senator Golden, Senate Print 1616A, an
25 act to amend the Public Authorities Law.
4156
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 63.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1406, by Senator Golden, Senate Print 1744, an
13 act to amend the Public Authorities Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GRIFFO: Senator
22 Krueger to explain her vote.
23 SENATOR KRUEGER: Thank you,
24 Mr. President.
25 I'm supporting this bill. It will
4157
1 mean a hit to MTA, but I actually think lowering
2 the fare crossing the Verrazano Bridge will mean
3 fewer people who don't need to come into
4 Manhattan are just driving through it now because
5 it's a lower cost than going on the Verrazano
6 Bridge to go to New Jersey or back to Brooklyn
7 from New Jersey, that fewer people will actually
8 be crossing Manhattan Island, adding to the
9 congestion in Manhattan.
10 So even though this bill will have
11 some impact on MTA revenue, I think it's the
12 right public policy decision, certainly the right
13 decision for Manhattan, and I hear the right
14 decision for the people of Brooklyn as well.
15 I vote yes, Mr. President.
16 ACTING PRESIDENT GRIFFO: Senator
17 Krueger to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1407, by Senator Ortt, Senate Print 1752, an act
24 to amend the Public Authorities Law.
25 ACTING PRESIDENT GRIFFO: Read the
4158
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1412, by Senator Bonacic, Senate Print 2050A, an
12 act to amend the Criminal Procedure Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT GRIFFO: Announce
21 the results.
22 THE SECRETARY: In relation to
23 Calendar 1412, those recorded in the negative are
24 Senators Bailey, Benjamin, Comrie, Hoylman,
25 Krueger, Montgomery, Parker, Rivera, Sanders and
4159
1 Squadron. Also Senator Gianaris. Also
2 Senator Serrano.
3 Ayes, 51. Nays, 12.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1413, by Senator LaValle, Senate Print 2073, an
8 act to amend the Education Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 120th day.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 63.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1417, by Senator Larkin, Senate Print 2389, an
21 act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4160
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1421, by Senator LaValle, Senate Print 2467, an
9 act to amend the Education Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 63.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1423, by Senator Helming, Senate Print 2507, an
22 act to amend the Vehicle and Traffic Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 3. This
4161
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1426, by Senator Helming, Senate Print 2564C, an
10 act to amend the Vehicle and Traffic Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1429, by Senator Ranzenhofer, Senate Print 2598,
23 an act to amend the Penal Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4162
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: Results.
7 THE SECRETARY: In relation to
8 Calendar 1429, those recorded in the negative are
9 Senators Alcantara, Bailey, Benjamin, Breslin,
10 Comrie, Dilan, Gianaris, Hoylman, Krueger,
11 Montgomery, Murphy, Parker, Rivera, Sanders,
12 Serrano, Squadron, Stavisky and Stewart-Cousins.
13 Ayes, 45. Nays, 18.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1441, by Senator Hannon, Senate Print 3137, an
18 act to require.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
4163
1 ACTING PRESIDENT GRIFFO: Senator
2 Brooks, you want to explain your vote?
3 SENATOR BROOKS: Thank you,
4 Mr. President.
5 This legislation involves a roadway
6 on Long Island that has far too many accidents.
7 I think it's critical that an evaluation of that
8 roadway is made. Between cars going in the wrong
9 directions, cars overturned, cars having
10 difficulty exiting the parkway and entering the
11 parkway, it's critical that this road be
12 evaluated.
13 And I'm voting aye on this bill.
14 Thank you.
15 ACTING PRESIDENT GRIFFO: Senator
16 Brooks to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1443, by Senator Larkin, Senate Print 3248, an
23 act to amend the Vehicle and Traffic Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4164
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61. Nays, 2.
7 Senators Hoylman and Squadron recorded in the
8 negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1445, by Senator Valesky, Senate Print 1246, an
13 act to amend the Public Health Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GRIFFO: We're on
22 Senator Valesky's Calendar Number 1445.
23 Announce the results.
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4165
1 is passed.
2 THE SECRETARY: Calendar Number
3 1444, by Senator DeFrancisco, Senate Print 3296A,
4 an act to amend the Vehicle and Traffic Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the 180th day.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Senator
13 DeFrancisco to explain his vote.
14 SENATOR DeFRANCISCO: You simply
15 have to be on your toes all the time in these
16 chambers. I was sleeping for a moment, and I
17 didn't see you skip my bill.
18 (Laughter.)
19 ACTING PRESIDENT GRIFFO: We
20 skipped it for that reason.
21 SENATOR DeFRANCISCO: Well, thank
22 you very much, and I'll be much more attentive
23 from here on out.
24 ACTING PRESIDENT GRIFFO: Results.
25 THE SECRETARY: Ayes, 62. Nays, 1.
4166
1 Senator Little recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1447, by Senator Robach, Senate Print 3459A, an
6 act to amend the Social Services Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the first of April.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1448, by Senator Ortt, Senate Print 3460, an act
19 to amend the Public Authorities Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 180th day.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4167
1 (The Secretary called the roll.)
2 ACTING PRESIDENT GRIFFO: Results.
3 THE SECRETARY: Ayes, 63.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1452, by Senator Marchione, Senate Print 3845, an
8 act to amend the Penal Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 180th day.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: In relation to
17 Calendar 1452, those recorded in the negative are
18 Senators Dilan, Hoylman, Krueger and Montgomery.
19 Ayes, 59. Nays, 4.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1464, by Senator Golden, Senate Print 4175, an
24 act to amend the Highway Law.
25 ACTING PRESIDENT GRIFFO: Read the
4168
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first of April.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1471, by Senator DeFrancisco, Senate Print 4421,
12 an act to amend the Penal Law.
13 ACTING PRESIDENT GRIFFO: You're
14 with us, right, Senator DeFrancisco?
15 SENATOR DeFRANCISCO: Yes, I'm with
16 you.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the first of November.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4169
1 is passed.
2 THE SECRETARY: Calendar Number
3 1474, by Senator LaValle, Senate Print 4559, an
4 act to amend the Education Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: The roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1476, by Senator Marchione, Senate Print 4659, an
16 act to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT GRIFFO: The bill
4170
1 is passed.
2 THE SECRETARY: Calendar Number
3 1477, by Senator Bonacic, Senate Print 4866, an
4 act to amend the Estates, Powers and Trusts Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1478, by Senator Larkin, Senate Print 4994, an
17 act to amend the Penal Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 7. This
21 act shall take effect on the 180th day.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62. Nays, 1.
4171
1 Senator Montgomery recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1479, by Senator Ritchie, Senate Print 5129, an
6 act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61. Nays, 2.
15 Senators Amedore and Murphy recorded in the
16 negative.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: On page 79, Senator
20 Ranzenhofer moves to discharge, from the
21 Committee on Rules, Assembly Bill Number 1250 and
22 substitute it for the identical Senate Bill 5159,
23 Third Reading Calendar 1480.
24 ACTING PRESIDENT GRIFFO: The
25 substitution is so ordered.
4172
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1480, by Member of the Assembly Buchwald,
4 Assembly Print 1250, an act to amend the
5 Public Authorities Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 63.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1485, by Senator Seward, Senate Print 5434, an
18 act to amend the Vehicle and Traffic Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 8. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 THE SECRETARY: Ayes, 63.
4173
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1486, by Senator Lanza, Senate Print 5451, an act
5 to amend Chapter 154 of the Laws of 1921.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect upon enactment into law by
10 the State of New Jersey.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1516, by Senator Robach, Senate Print 6523, an
19 act to amend the Vehicle and Traffic Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect November 1, 2019.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4174
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1526, by Senator Alcantara, Senate Print 794A, an
7 act to amend the Education Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT GRIFFO: Results.
16 THE SECRETARY: In relation to
17 Calendar 1526, those recorded in the negative are
18 Senators Akshar, Amedore, Bonacic, Croci,
19 DeFrancisco, Griffo, Hannon, Helming, Jacobs,
20 Little, Marcellino, Marchione, Murphy, Ortt,
21 Serino and Seward. Also Senator Tedisco.
22 Ayes, 46. Nays, 17.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 Senator DeFrancisco, that completes
4175
1 the noncontroversial reading of Supplemental
2 Active List 2.
3 SENATOR DeFRANCISCO: All right,
4 can we go back to motions and resolutions.
5 ACTING PRESIDENT GRIFFO: We will
6 return to motions and resolutions.
7 SENATOR DeFRANCISCO: I wish to
8 call up Senator Lanza's bill, Print Number 2631,
9 recalled from the Assembly, which is now at the
10 desk.
11 ACTING PRESIDENT GRIFFO: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 916, by Senator Lanza, Senate Print 2631, an act
15 to amend the Penal Law.
16 SENATOR DeFRANCISCO: I now move to
17 reconsider the vote by which this bill was
18 passed.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll on reconsideration.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 63.
23 SENATOR DeFRANCISCO: I now offer
24 the following amendments.
25 ACTING PRESIDENT GRIFFO: The
4176
1 amendments are received.
2 SENATOR DeFRANCISCO: On page 22, I
3 offer the following amendments to Calendar 579,
4 Senate Print 5305A, and ask that said bill retain
5 its place on the Third Reading Calendar. It's a
6 bill by Senator Croci.
7 ACTING PRESIDENT GRIFFO: The
8 amendments are received, and the bill shall
9 retain its place on third reading.
10 SENATOR DeFRANCISCO: Could we now
11 take up the noncontroversial reading of
12 Supplemental Active List 3, which will be the
13 last list for the day.
14 ACTING PRESIDENT GRIFFO: The
15 Secretary will take up the noncontroversial
16 reading of Supplemental Active List 3, beginning
17 with Calendar Number 71.
18 THE SECRETARY: Calendar Number 71,
19 by Senator Díaz, Senate Print 508, an act to
20 amend the Penal Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the first of November.
25 ACTING PRESIDENT GRIFFO: Call the
4177
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61. Nays, 2.
4 Senators Montgomery and Parker recorded in the
5 negative.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 514, by Senator Addabbo, Senate Print 3674A, an
10 act to amend the Education Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of July.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 584, by Senator Kaminsky, Senate Print 5421, an
23 act in relation to permitting.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4178
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62. Nays, 1.
7 Senator Akshar recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 Senator Gianaris.
11 SENATOR GIANARIS: Thank you,
12 Mr. President.
13 I just want to pause as we near the
14 end to point out that this hard-fought bill we
15 just passed through the Senate is Senator
16 Kaminsky's first bill.
17 (Enthusiastic standing ovation.)
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will continue.
20 THE SECRETARY: Calendar Number
21 653, by Senator Persaud, Senate Print 1199A, an
22 act to amend the Penal Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4179
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 726, by Senator Comrie, Senate Print 3868A, an
10 act to amend the Real Property Tax Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 740, by Senator Rivera, Senate Print 1222, an act
23 to amend the Social Services Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4180
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of July.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: Results.
7 THE SECRETARY: In relation to
8 Calendar 740, those recorded in the negative are
9 Senators Akshar, Griffo, Murphy and Ortt.
10 Ayes, 59. Nays, 4.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1303, by Senator Kennedy, Senate Print 660, an
15 act to amend the Penal Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the first of November.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 63.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4181
1 THE SECRETARY: Calendar Number
2 1439, by Senator Gianaris, Senate Print 3042, an
3 act to amend the New York City Civil Court Act.
4 ACTING PRESIDENT GRIFFO: Did I
5 hear a lay-aside there?
6 (Laughter.)
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect on the first of January.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 And Senator DeFrancisco, that
18 concludes the noncontroversial reading of today's
19 Supplemental Active List Number 3.
20 SENATOR DeFRANCISCO: If I could
21 just have your attention for a minute so you know
22 when we're going to continue.
23 But there will be no Rules Committee
24 meeting today.
25 Is there any further business at the
4182
1 desk?
2 ACTING PRESIDENT GRIFFO: There is
3 none.
4 SENATOR DeFRANCISCO: All right.
5 Then in that case, we're moving to adjourn until
6 Wednesday -- that's tomorrow -- June 14th, at
7 11:00 a.m.
8 We're going to have a Republican
9 conference at 10:00, but when we get here at
10 11:00 we're going to go immediately to the
11 Rules Committee meeting. So please conference
12 the bills on that calendar that we were supposed
13 to do today.
14 ACTING PRESIDENT GRIFFO: There
15 will be a Republican conference tomorrow at
16 10:00 a.m. in Room 332. That will be followed by
17 a meeting of full session. The Rules Committee
18 will meet upon the beginning of session tomorrow.
19 So on motion, the Senate will stand
20 adjourned until Wednesday, June 14th --
21 Flag Day -- at 11:00 a.m.
22 The Senate stands adjourned.
23 (Whereupon, at 7:54 p.m., the Senate
24 adjourned.)
25