5292
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 21, 2017
11 11:49 a.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
5293
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 everyone present to please
5 rise 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 today, I ask everyone to
11 please bow your heads in a moment of silent
12 reflection and prayer.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT GRIFFO: And we
16 reflect on Ecclesiastes: The end of the matter
17 is better than its beginning.
18 (Laughter.)
19 ACTING PRESIDENT GRIFFO: The
20 reading of the Journal.
21 THE SECRETARY: In Senate,
22 Tuesday, June 20th, the Senate met pursuant to
23 adjournment. The Journal of Monday, June 19th,
24 was read and approved. On motion, Senate
25 adjourned.
5294
1 ACTING PRESIDENT GRIFFO: Without
2 objection, the Journal will stand approved as
3 read.
4 Presentation of petitions.
5 Messages from the Assembly.
6 The Secretary will read.
7 THE SECRETARY: On page 5,
8 Senator Ortt moves to discharge, from the
9 Committee on Rules, Assembly Bill Number 5780A
10 and substitute it for the identical Senate Bill
11 875B, Third Reading Calendar 117.
12 On page 22, Senator Larkin moves to
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 2438A and substitute it for
15 the identical Senate Bill 5400A, Third Reading
16 Calendar 796.
17 On page 31, Senator O'Mara moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 1841A and substitute it for
20 the identical Senate Bill 2122A, Third Reading
21 Calendar 1105.
22 On page 35, Senator Murphy moves to
23 discharge, from the Committee on Rules,
24 Assembly Bill Number 5965 and substitute it for
25 the identical Senate Bill 4283, Third Reading
5295
1 Calendar 1174.
2 On page 41, Senator Tedisco moves
3 to discharge, from the Committee on Rules,
4 Assembly Bill Number 7503 and substitute it for
5 the identical Senate Bill 6679, Third Reading
6 Calendar 1834.
7 And on page 42, Senator Hannon
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 8388 and substitute it for
10 the identical Senate Bill 6656, Third Reading
11 Calendar 1930.
12 ACTING PRESIDENT GRIFFO: The
13 substitutions are so ordered.
14 Messages from the Governor.
15 Reports of standing committees.
16 The Secretary will read.
17 THE SECRETARY: Senator Young,
18 from the Committee on Finance, reports the
19 following nominations:
20 As a member of the Board of
21 Visitors of the Metro New York Developmental
22 Disabilities Services Office: Fredricka J. Pol,
23 of the Bronx.
24 And as trustee and chair of the
25 New York Power Authority: John R. Koelmel, of
5296
1 East Amherst.
2 ACTING PRESIDENT GRIFFO: Senator
3 DeFrancisco.
4 SENATOR DeFRANCISCO: Is there a
5 report of the Rules Committee at the desk?
6 ACTING PRESIDENT GRIFFO: To
7 continue on the nominations before the house,
8 I'll just accept a motion.
9 SENATOR DeFRANCISCO: Oh, yes.
10 Okay. Then can we take up those nominations.
11 ACTING PRESIDENT GRIFFO: The
12 nominations have been read. I'll entertain a
13 motion to consider for confirmation.
14 SENATOR DeFRANCISCO: I move to
15 accept those nominations, or to vote on the
16 nominations.
17 ACTING PRESIDENT GRIFFO: The
18 question is on the nominees that have been read
19 for the positions so designated. All in favor
20 signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT GRIFFO: Opposed?
23 (No response.)
24 ACTING PRESIDENT GRIFFO: The
25 individuals' names who have been read for the
5297
1 positions so designated have hereby been
2 confirmed.
3 The Secretary will continue.
4 THE SECRETARY: Senator Flanagan,
5 from the Committee on Rules, reports the
6 following bills:
7 Senate Print 1258, by Senator
8 Marcellino, an act to amend the Vehicle and
9 Traffic Law;
10 Senate 1421, by Senator Avella, an
11 act to amend the Election Law;
12 Senate 1858A, by Senator Bonacic, an
13 act to amend the Public Health Law;
14 Senate 1955, by Senator Latimer, an
15 act to amend the Penal Law;
16 Senate 2251, by Senator Hannon, an
17 act to amend the Insurance Law;
18 Senate 3010, by Senator Ritchie, an
19 act relating to;
20 Senate 3017A, by Senator Ritchie, an
21 act to amend the Economic Development Law;
22 Senate 3387A, by Senator Gallivan,
23 an act to amend the Tax Law;
24 Senate 4570A, by Senator Tedisco, an
25 act to amend the Agriculture and Markets Law;
5298
1 Senate 4831A, by Senator LaValle, an
2 act to amend the Education Law;
3 Senate 4898, by Senator Díaz, an act
4 to amend the Penal Law;
5 Senate 5302A, by Senator Ritchie, an
6 act to amend the Agriculture and Markets Law;
7 Senate 5333, by Senator Ranzenhofer,
8 an act to amend the Public Authorities Law;
9 Senate 5594A, by Senator Golden, an
10 act to amend the Retirement and Social Security
11 Law;
12 Senate 5649, by Senator Ritchie, an
13 act to amend the Alcoholic Beverage Control Law;
14 Senate 5710, by Senator Marcellino,
15 an act to amend the Environmental Conservation
16 Law;
17 Senate 5712, by Senator Marcellino,
18 an act to amend the Environmental Conservation
19 Law;
20 Senate 5746, by Senator Boyle, an
21 act to amend the Environmental Conservation Law;
22 Senate 5747A, by Senator Boyle, an
23 act to amend the Environmental Conservation Law;
24 Senate 5748, by Senator Boyle, an
25 act to amend the Environmental Conservation Law;
5299
1 Senate 5749, by Senator Golden, an
2 act to amend the Vehicle and Traffic Law;
3 Senate 6405, by Senator Bonacic, an
4 act to amend the Tax Law;
5 Senate 6480, by Senator Avella, an
6 act to amend the Environmental Conservation Law;
7 Senate 6499B, by Senator Latimer, an
8 act to amend Chapter 725 of the Laws of 1984;
9 Senate 6504, by Senator Kennedy, an
10 act to amend the Penal Law;
11 Senate 6516, by Senator Peralta, an
12 act to amend the Alcoholic Beverage Control Law;
13 Senate 6583A, by Senator Ortt, an
14 act to amend the Social Services Law;
15 Senate 6693A, by Senator Golden, an
16 act to amend the Multiple Dwelling Law;
17 Senate 6706, by Senator Akshar, an
18 act to amend the State Administrative Procedure
19 Act;
20 Senate 6716, by Senator Phillips, an
21 act to amend the Environmental Conservation Law;
22 Senate 6753, by Senator Phillips, an
23 act to amend the Racing, Pari-Mutuel Wagering and
24 Breeding Law;
25 Senate 6773, by Senator Carlucci, an
5300
1 act to amend the Social Services Law;
2 Senate 6785, by Senator Amedore, an
3 act to amend the Racing, Pari-Mutuel Wagering and
4 Breeding Law;
5 Senate 6800, by Senator DeFrancisco,
6 an act to amend the Civil Practice Law and Rules;
7 Senate 6801, by Senator Bonacic, an
8 act to amend the Tax Law; and
9 Senate 6805, by Senator Alcantara,
10 an act to amend the Real Property Tax Law.
11 All bills reported direct to third
12 reading.
13 ACTING PRESIDENT GRIFFO: The Rules
14 Committee report has been read. I'll entertain a
15 motion to accept.
16 SENATOR MARCELLINO: So moved.
17 ACTING PRESIDENT GRIFFO: There's
18 been a motion to accept the Committee on Rules
19 report, by Senator Marcellino. All in favor of
20 accepting the Committee on Rules report signify
21 by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT GRIFFO: Opposed?
24 (No response.)
25 ACTING PRESIDENT GRIFFO: The
5301
1 Committee on Rules report has been accepted and
2 is before the house.
3 Reports of select committees.
4 Communications and reports of state
5 officers.
6 We will now return to messages from
7 the Assembly.
8 The Secretary will read.
9 THE SECRETARY: Senator Avella
10 moves to discharge, from the Committee on
11 Elections, Assembly Bill Number 3422 and
12 substitute it for the identical Senate Bill 1421,
13 Third Reading Calendar 2114.
14 Senator Ritchie moves to discharge,
15 from the Committee on Rules, Assembly Bill Number
16 5810A and substitute it for the identical Senate
17 Bill 3010, Third Reading Calendar 2118.
18 Senator Gallivan moves to discharge,
19 from the Committee on Rules, Assembly Bill Number
20 6945A and substitute it for the identical Senate
21 Bill 3387A, Third Reading Calendar 2120.
22 Senator Tedisco moves to discharge,
23 from the Committee on Rules, Assembly Bill Number
24 1839B and substitute it for the identical Senate
25 Bill 4570A, Third Reading Calendar 2121.
5302
1 Senator LaValle moves to discharge,
2 from the Committee on Rules, Assembly Bill Number
3 6515A and substitute it for the identical Senate
4 Bill 4831A, Third Reading Calendar 2122.
5 Senator Ritchie moves to discharge,
6 from the Committee on Rules, Assembly Bill Number
7 8492 and substitute it for the identical Senate
8 Bill 5302A, Third Reading Calendar 2124.
9 Senator Ranzenhofer moves to
10 discharge, from the Committee on Rules,
11 Assembly Bill Number 7578 and substitute it for
12 the identical Senate Bill 5333, Third Reading
13 Calendar 2125.
14 Senator Marcellino moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 8276 and substitute it for
17 the identical Senate Bill 5710, Third Reading
18 Calendar 2128.
19 Senator Marcellino moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 8273 and substitute it for
22 the identical Senate Bill 5712, Third Reading
23 Calendar 2129.
24 Senator Boyle moves to discharge,
25 from the Committee on Rules, Assembly Bill Number
5303
1 8103 and substitute it for the identical Senate
2 Bill 5746, Third Reading Calendar 2130.
3 Senator Boyle moves to discharge,
4 from the Committee on Rules, Assembly Bill Number
5 8279A and substitute it for the identical
6 Senate Bill 5747A, Third Reading Calendar 2131.
7 Senator Boyle moves to discharge,
8 from the Committee on Rules, Assembly Bill Number
9 7965 and substitute it for the identical Senate
10 Bill 5748, Third Reading Calendar 2132.
11 Senator Golden moves to discharge,
12 from the Committee on Rules, Assembly Bill Number
13 1258 and substitute it for the identical Senate
14 Bill 5749, Third Reading Calendar 2133.
15 And Senator Avella moves to
16 discharge, from the Committee on Rules,
17 Assembly Bill Number 7939 and substitute it for
18 the identical Senate Bill 6480, Third Reading
19 Calendar 2135.
20 ACTING PRESIDENT GRIFFO: The
21 substitutions are all so ordered.
22 Motions and resolutions.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: Yes. Upon
25 the approval of the Majority Coalition leaders, I
5304
1 move to adopt the Resolution Calendar for
2 June 21, 2017.
3 ACTING PRESIDENT GRIFFO: All in
4 favor of adopting the Resolution Calendar of
5 June 21, 2017, signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT GRIFFO: Opposed?
8 (No response.)
9 ACTING PRESIDENT GRIFFO: The
10 Resolution Calendar is adopted.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: I would like
13 to give everybody a roadmap. There's an active
14 list; the first one is Calendar 117. There's
15 also a Senate Supplemental Calendar 59A, which
16 has the bills that were just reported from Rules.
17 We're going to do the
18 noncontroversial reading of the active list first
19 and then the supplemental calendar second, and
20 then we'll come back for the lay-asides.
21 So --
22 ACTING PRESIDENT GRIFFO: We will
23 begin with the active list first, then we'll go
24 to Supplemental Calendar 59A.
25 SENATOR DeFRANCISCO: Right.
5305
1 Please read them --
2 ACTING PRESIDENT GRIFFO: Read
3 noncontroversial.
4 The Secretary will read.
5 SENATOR DeFRANCISCO: All right,
6 fine.
7 (Laughter.)
8 SENATOR DeFRANCISCO: If you want
9 to say it, fine. I'll be more than happy to sit
10 down.
11 ACTING PRESIDENT GRIFFO: I know
12 you want us to continue to move along.
13 SENATOR DeFRANCISCO: Then don't
14 interrupt.
15 (Laughter.)
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 117, substituted earlier by Member of the
20 Assembly McDonald, Assembly Print 5780A, an act
21 to amend the County Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 180th day.
5306
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57. Nays, 1.
5 Senator Gallivan recorded in the negative.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 123, by Senator Avella, Senate Print 1408, an act
10 to amend the Real Property Tax Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 23. This
14 act shall take effect on the first of January.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO: Results.
19 THE SECRETARY: In relation to
20 Calendar 123, those recorded in the negative are
21 Senators Bailey, Comrie, Dilan, Hoylman, Kennedy,
22 Krueger, Persaud, Rivera and Squadron.
23 Ayes, 49. Nays, 9.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
5307
1 THE SECRETARY: Calendar Number
2 325, by Senator Ranzenhofer, Senate Print 3877,
3 an act to amend the Agriculture and Markets Law.
4 SENATOR GIANARIS: Lay it aside.
5 ACTING PRESIDENT GRIFFO: Lay it
6 aside.
7 THE SECRETARY: Calendar Number
8 384, by Senator Hannon, Senate Print 2245, an act
9 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 THE SECRETARY: Ayes, 57. Nays, 1.
18 Senator Hoylman recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 741, by Senator LaValle, Senate Print 1243, an
23 act to amend the Education Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
5308
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, 58.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 796, substituted earlier by Member of the
11 Assembly Skoufis, Assembly Print 2438A, an act to
12 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 immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 58.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 871, by Senator Ortt, Senate Print 4806,
25 Concurrent Resolution of the Senate and Assembly.
5309
1 ACTING PRESIDENT GRIFFO: Call the
2 roll on the resolution.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT GRIFFO: Senator
5 Krueger to explain her vote.
6 SENATOR KRUEGER: Thank you,
7 Mr. President.
8 I'm actually voting for this bill.
9 But for the record, we are allowing nominees to
10 go through literally day and night this week, as
11 we speak, who we haven't even appropriately
12 vetted.
13 And it should just be a reminder to
14 us all, we're actually now going to I assume pass
15 a constitutional amendment setting standards for
16 when a commissioner has to be named, but we are
17 still not taking the proper responsibility and
18 authority we should have, as the Senate, to do
19 thorough vetting, hearing, interviews before
20 confirming people to these positions.
21 But I vote yes because I think a
22 constitutional amendment opening up some rules
23 about what we do would be the right thing.
24 Thank you, Mr. President.
25 ACTING PRESIDENT GRIFFO: Announce
5310
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 871, those recorded in the negative are
4 Senators Avella, Brooks, Díaz, Gianaris, Hoylman,
5 Kaminsky, Kennedy, Latimer, Montgomery, Parker
6 and Squadron.
7 Ayes, 47. Nays, 11.
8 ACTING PRESIDENT GRIFFO: The
9 resolution is adopted.
10 THE SECRETARY: Calendar Number
11 979, by Senator Jacobs, Senate Print 5912B, an
12 act to amend the State Administrative Procedure
13 Act.
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: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 979, those recorded in the negative are
25 Senators Addabbo, Bailey, Brooks, Comrie, Dilan,
5311
1 Gianaris, Hoylman, Kaminsky, Kennedy, Krueger,
2 Latimer, Montgomery, Parker, Peralta, Persaud,
3 Rivera, Squadron and Stewart-Cousins.
4 Ayes, 40. Nays, 18.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1039, by Member of the Assembly McLaughlin,
9 Assembly Print 2980, an act to amend the
10 Executive 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, 59.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1094, by Senator Marcellino, Senate Print 5533B,
23 an act to amend the Navigation Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
5312
1 THE SECRETARY: Section 8. 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, 59.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1105, substituted earlier by Member of the
11 Assembly Morelle, Assembly Print 1841A, an act to
12 amend the General Municipal Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 3. 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 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1121, by Senator Funke, Senate Print 6101A, an
25 act in relation to authorizing.
5313
1 ACTING PRESIDENT GRIFFO: There is
2 a home-rule message at the desk.
3 The Secretary will read the last
4 section.
5 THE SECRETARY: Section 4. 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, 58. Nays, 1.
11 Senator Hoylman recorded in the negative.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1174, substituted earlier by Member of the
16 Assembly Galef, Assembly Print 5965, an act to
17 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 THE SECRETARY: Ayes, 59.
5314
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1248, by Senator Klein, Senate Print 4802, 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 THE SECRETARY: Section 4. This
10 act shall take effect on the 30th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Benjamin to explain his vote.
16 SENATOR BENJAMIN: Sure. Thank
17 you, Mr. President.
18 I rise because I am a strong
19 supporter for the mayor being able to create
20 homeless shelters and establish homeless shelters
21 in the city. I believe it is important that we
22 take care of those members of our community who
23 are homeless. They are as important as any other
24 member in our community.
25 I am voting yes on this bill because
5315
1 one of the concerns that my district has,
2 particularly in Harlem, is that we are
3 oversaturated with homeless shelters at this
4 point. And I believe that the rest of our city
5 needs to participate as well, and there are some
6 concerns that that will not occur.
7 This bill would require that. I
8 think that the community advisory board that is
9 being recommended is a very good idea, because
10 there are a number of communities who feel like
11 things just happen to them and they're not part
12 of the process.
13 And so I am a supporter of this
14 bill. I think that we all should support this
15 bill and that what we should do is make sure that
16 when we deal with some of our issues that our
17 city has and that our state has, that we make
18 sure that all of us participate in that and that
19 the members of the communities who are most
20 deeply affected have a role in the process, and I
21 believe this bill does that.
22 Thank you. I'm voting yes.
23 ACTING PRESIDENT GRIFFO: Senator
24 Benjamin to be recorded in the affirmative.
25 Announce the results.
5316
1 THE SECRETARY: In relation to
2 Calendar 1248, those recorded in the negative are
3 Senators Hoylman, Krueger, Montgomery, Parker,
4 Rivera and Squadron.
5 Ayes, 54. Nays, 6.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1261, by Senator Griffo, Senate Print 2281, an
10 act to amend the State Finance 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, 61.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1514, by Senator Phillips, Senate Print 6437, an
23 act to repeal.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
5317
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, 60. Nays, 1.
7 Senator Kennedy recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1834, substituted earlier by Member of the
12 Assembly Woerner, Assembly Print 7503, an act
13 relating to giving.
14 ACTING PRESIDENT GRIFFO: There is
15 a home-rule message at the desk.
16 The Secretary will read the last
17 section.
18 THE SECRETARY: Section 2. 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 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
5318
1 THE SECRETARY: Calendar Number
2 1930, substituted earlier by Member of the
3 Assembly Gottfried, Assembly Print 8388, an act
4 to amend the Public Health 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, 61.
13 ACTING PRESIDENT GRIFFO: The bill
14 passes.
15 Senator DeFrancisco, at your
16 request, that completes the active list reading,
17 noncontroversial. I think you had recommended
18 that we begin the Senate supplemental calendar.
19 SENATOR DeFRANCISCO: No, I hadn't
20 recommended it, I demanded that --
21 (Laughter.)
22 SENATOR DeFRANCISCO: -- the
23 noncontroversial calendar be read at this point
24 for the supplemental calendar.
25 ACTING PRESIDENT GRIFFO: Per your
5319
1 demand, the Secretary will read Supplemental
2 Calendar 59A.
3 THE SECRETARY: Calendar Number
4 2113, by Senator Marcellino, Senate Print 1258,
5 an act to amend the Vehicle and Traffic Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first of November.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60. Nays, 1.
14 Senator Montgomery recorded in the negative.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 2114, substituted earlier by Member of the
19 Assembly Galef, Assembly Print 3422, an act to
20 amend the Election Law.
21 ACTING PRESIDENT GRIFFO: Could I
22 have some order in the house, please.
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5320
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59. Nays, 2.
5 Senators Amedore and DeFrancisco recorded in the
6 negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 passes.
9 THE SECRETARY: Calendar Number
10 2115, by Senator Bonacic, Senate Print 1858A, an
11 act to amend the Public Health Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect one year after it shall
16 have become a law.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT GRIFFO: The bill
22 passes.
23 THE SECRETARY: Calendar Number
24 2116, by Senator Latimer, Senate Print 1955, an
25 act to amend the Penal Law.
5321
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, 61.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Calendar Number
12 2117, by Senator Hannon, Senate Print 2251, an
13 act to amend the Insurance 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 THE SECRETARY: Ayes, 60. Nays, 1.
22 Senator Hoylman recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 passes.
25 THE SECRETARY: Calendar Number
5322
1 2118, substituted earlier by Member of the
2 Assembly Quart, Assembly Print 5810A, an act
3 relating to studying.
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, 61.
12 ACTING PRESIDENT GRIFFO: The bill
13 passes.
14 Calendar Number 2119 is high and
15 therefore is ineligible for consideration.
16 The Secretary will continue.
17 THE SECRETARY: Calendar Number
18 2120, substituted earlier by Member of the
19 Assembly Lupardo, Assembly Print 6945A, an act to
20 amend the Tax Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first day of the
25 sales tax quarterly period.
5323
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 2121, substituted earlier by Member of the
9 Assembly Rosenthal, Assembly Print 1839B, an act
10 to amend the Agriculture and Markets Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 120th day.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT GRIFFO: The bill
20 passes.
21 THE SECRETARY: Calendar Number
22 2122, substituted earlier by Member of the
23 Assembly Nolan, Assembly Print 6515A, an act to
24 amend the Education Law.
25 ACTING PRESIDENT GRIFFO: Read the
5324
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 90th day.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT GRIFFO: The bill
9 passes.
10 THE SECRETARY: Calendar Number
11 2123, by Senator Díaz, Senate Print 4898, an act
12 to amend the Penal Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the first of November.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: In relation to
21 Calendar 2123, those recorded in the negative are
22 Senators Hoylman, Montgomery, Rivera and
23 Squadron.
24 Ayes, 57. Nays, 4.
25 ACTING PRESIDENT GRIFFO: The bill
5325
1 passes.
2 THE SECRETARY: Calendar Number
3 2124, substituted earlier by Member of the
4 Assembly Magee, Assembly Print 8492, an act to
5 amend the Agriculture and Markets 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, 61.
14 ACTING PRESIDENT GRIFFO: The bill
15 passes.
16 Can I ask for some order in the
17 house, again. It's becoming difficult for the
18 desk to be able to hear.
19 The Secretary will continue.
20 THE SECRETARY: Calendar Number
21 2125, substituted earlier by Member of the
22 Assembly Schimminger, Assembly Print 7578, an act
23 to amend the Public Authorities Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
5326
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, 61. Nays, 1.
7 Senator Kennedy recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 2126, by Senator Golden, Senate Print 5594A, an
12 act to amend the Retirement and Social Security
13 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 THE SECRETARY: Ayes, 60. Nays, 1.
22 Senator DeFrancisco recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 passes.
25 THE SECRETARY: Calendar Number
5327
1 2127, by Senator Ritchie --
2 SENATOR DeFRANCISCO: Lay the bill
3 aside for the day.
4 ACTING PRESIDENT GRIFFO: Lay it
5 aside for the day.
6 THE SECRETARY: Calendar Number
7 2128, substituted earlier by Member of the
8 Assembly Carroll, Assembly Print 8276, an act to
9 amend the Environmental Conservation 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, 61. Nays, 1.
18 Senator LaValle recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 2129, substituted earlier by Member of the
23 Assembly Pheffer Amato, Assembly Print 8273, an
24 act to amend the Environmental Conservation Law.
25 ACTING PRESIDENT GRIFFO: Read the
5328
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, 59. Nays, 2.
8 Senators LaValle and Robach recorded in the
9 negative.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 2130, substituted earlier by Member of the
14 Assembly Colton, Assembly Print 8103, an act to
15 amend the Environmental Conservation 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, 60. Nays, 1.
24 Senator LaValle recorded in the negative.
25 ACTING PRESIDENT GRIFFO: The bill
5329
1 is passed.
2 THE SECRETARY: Calendar Number
3 2131, substituted earlier by Member of the
4 Assembly Englebright, Assembly Print 8279A, an
5 act to amend the Environmental Conservation Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect December 31, 2017.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59. Nays, 2.
14 Senators LaValle and Robach recorded in the
15 negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 passes.
18 THE SECRETARY: Calendar Number
19 2132, substituted earlier by Member of the
20 Assembly Wallace, Assembly Print 7965, an act to
21 amend the Environmental Conservation Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5330
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 60. Nays, 1.
5 Senator LaValle recorded in the negative.
6 ACTING PRESIDENT GRIFFO: The bill
7 passes.
8 THE SECRETARY: Calendar Number
9 2133, substituted earlier by Member of the
10 Assembly Pretlow, Assembly Print 1258, an act to
11 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 November 1, 2017.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar 2133: Ayes, 57. Nays, 4. Senators
21 Funke, Griffo, Helming and Seward recorded in the
22 negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 passes.
25 THE SECRETARY: Calendar Number
5331
1 2134, by Senator Bonacic, Senate Print 6405, an
2 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 THE SECRETARY: In relation to
11 Calendar 2134, those recorded in the negative are
12 Senators Croci and LaValle.
13 Ayes, 59. Nays, 2.
14 ACTING PRESIDENT GRIFFO: The bill
15 passes.
16 THE SECRETARY: Calendar Number
17 2135, substituted earlier by Member of the
18 Assembly Skartados, Assembly Print 7939, an act
19 to amend the Environmental Conservation Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This act
23 shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
5332
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60. Nays, 1.
3 Senator LaValle recorded in the negative.
4 ACTING PRESIDENT GRIFFO: The bill
5 passes.
6 THE SECRETARY: Calendar Number
7 2136, by Senator Latimer, Senate Print 6499B, an
8 act to amend Chapter 725 of the Laws of 1984.
9 ACTING PRESIDENT GRIFFO: There is
10 a home-rule message at the desk.
11 The Secretary will read the last
12 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, 61.
19 ACTING PRESIDENT GRIFFO: The bill
20 passes.
21 THE SECRETARY: Calendar Number
22 2137, by Senator Kennedy, Senate Print 6504, an
23 act to amend the Penal Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
5333
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 ACTING PRESIDENT GRIFFO: Senator
7 Kennedy to explain his vote.
8 SENATOR KENNEDY: Thank you,
9 Mr. President.
10 I rise in support of this important
11 bill that has a direct impact on the quality of
12 life of all New Yorkers, and I urge my colleagues
13 to support this bill as well.
14 Back in Buffalo, more than 3800 cars
15 were broken into over the last two years, and
16 those were just the instances that were reported.
17 One hundred forty-seven people were arrested in
18 connection with those crimes, and more than a
19 dozen of those individuals were repeat offenders.
20 This happens tens of thousands of
21 times every year across the state, in all areas,
22 all neighborhoods, urban, suburban, and rural
23 areas. These offenses have become all too
24 common, with neighbors waking up to find car
25 windshields or windshields smashed in and
5334
1 personal belongings, money and valuables gone, or
2 their car that was left unlocked and rummaged
3 through, violated.
4 Many times people report sensitive
5 personal identification is missing -- things like
6 driver's licenses, passports and checkbooks.
7 They're left not only trying to recover these
8 items, but they're oftentimes also faced with the
9 cost of replacing the glass that was shattered in
10 order to gain access.
11 And it's not just the physical
12 possessions that are gone. After seeing this
13 violation, an underlying sense of safety and
14 well-being disappears just as quickly.
15 The bottom line, New Yorkers deserve
16 better. They deserve to feel safe everywhere,
17 whether that's in their schools, their homes, or
18 their cars. That sense of security should not be
19 infringed upon. And if it is, there need to be
20 serious consequences.
21 With this bill, we'll be holding
22 criminals accountable and increasing the
23 punishment for anyone who chooses to make the
24 decision to violate someone's sense of security
25 by breaking into a car and stealing personal
5335
1 property.
2 By changing this offense from a
3 misdemeanor to a felony, New York State will be
4 sending a strong message: There will be serious
5 consequences for these criminal actions.
6 I want to thank my colleague Senator
7 Jacobs for sponsoring this bill with me, along
8 with Erie County Legislator Peter Savage for
9 partnering with us and bringing this bill to us
10 front and center. New Yorkers deserve to have
11 their safety prioritized, and this bill seeks to
12 do just that.
13 With that, Mr. President, I vote
14 aye.
15 ACTING PRESIDENT GRIFFO: Senator
16 Kennedy to be recorded in the affirmative.
17 Senator Kaminsky to explain his
18 vote.
19 SENATOR KAMINSKY: Thank you.
20 I just want to summarize Senator
21 Kennedy's remarks by saying burglary is bad, this
22 law is good, I vote in the affirmative.
23 Thank you.
24 (Laughter.)
25 ACTING PRESIDENT GRIFFO: Senator
5336
1 Kaminsky in the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 60. Nays, 1.
4 Senator Montgomery recorded in the negative.
5 ACTING PRESIDENT GRIFFO: The bill
6 passes.
7 THE SECRETARY: Calendar Number
8 2138, by Senator Peralta, Senate Print 6516, an
9 act to amend the Alcoholic Beverage Control Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: In relation to
18 Calendar 2138, those recorded in the negative are
19 Senators Akshar, Amedore and Murphy. Also
20 Senator Robach.
21 Ayes, 57. Nays, 4.
22 ACTING PRESIDENT GRIFFO: The bill
23 passes.
24 THE SECRETARY: Calendar Number
25 2139, by Senator Ortt, Senate Print 6583A, an act
5337
1 to amend the Social Services 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, 61.
10 ACTING PRESIDENT GRIFFO: The bill
11 passes.
12 THE SECRETARY: Calendar Number
13 2140, by Senator Golden, Senate Print 6693A, an
14 act to amend the Multiple Dwelling Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 3. 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, 61.
23 ACTING PRESIDENT GRIFFO: The bill
24 passes.
25 THE SECRETARY: Calendar Number
5338
1 2141, by Senator Akshar, Senate Print 6706, an
2 act to amend the State Administrative Procedure
3 Act.
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, 61.
12 ACTING PRESIDENT GRIFFO: The bill
13 passes.
14 THE SECRETARY: Calendar Number
15 2142, by Senator Phillips, Senate Print 6716, an
16 act to amend the Environmental Conservation 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 ACTING PRESIDENT GRIFFO: Senator
25 Phillips to explain her vote.
5339
1 I'm going to again ask please for
2 some quiet in the chamber. Please take
3 conversations outside the chamber if you are
4 involved in those conversations.
5 Senator Phillips.
6 SENATOR PHILLIPS: Thank you,
7 Mr. President. I rise to explain my vote.
8 Nothing is more important than clean
9 water. And by passing this bill, we are working
10 to protect the sole source of water for nearly
11 3 million New Yorkers.
12 The Lloyd Aquifer is Long Island's
13 deepest, oldest and purest aquifer. New York
14 State's commitment to protecting the Lloyd
15 Aquifer has been strong and steady since 1986.
16 At that time it was decided to place a moratorium
17 of the issuance of new permits. This measure
18 builds on that commitment by expanding that
19 moratorium to renewal permits.
20 Our natural resources must be
21 protected and preserved because once they're
22 lost, they're lost forever. One of the greatest
23 threats to the Lloyd Aquifer has been saltwater
24 intrusion. And in fact, the USGS is conducting a
25 study on saltwater intrusion right now into the
5340
1 aquifer. Phase one of that study will be
2 completed before the end of the year.
3 Our drinking water is too precious
4 to be dealt with lightly. And while feelings on
5 the aquifer run high, we need to listen to
6 science. We owe it to future generations of
7 Long Islanders to ensure that we will not find
8 ourselves in a situation where there is water for
9 everyone but not a drop to drink.
10 Mr. President, I vote in the
11 affirmative. Thank you.
12 ACTING PRESIDENT GRIFFO: Senator
13 Phillips to be recorded in the affirmative.
14 Senator Kaminsky to explain his
15 vote.
16 SENATOR KAMINSKY: Thank you.
17 The Lloyd Aquifer is an extremely
18 precious resource that is being contaminated
19 yearly by overpumping. But it's a sole-source
20 aquifer that recharges very infrequently and it's
21 extremely important, especially for coastal
22 communities like mine, that we stop overpumping
23 and stop having continued access to it unless
24 there's a very serious emergency that would
25 warrant it.
5341
1 We in Albany must be the stewards of
2 an extremely precious resource, which is the
3 Lloyd Aquifer. We have to stand today to protect
4 it. And I'd urge my colleagues to do so, and
5 thank the sponsor.
6 I vote in the affirmative.
7 ACTING PRESIDENT GRIFFO: Senator
8 Kaminsky to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 2142, those recorded in the negative are
12 Senators Addabbo, Alcantara, Avella, Comrie,
13 Dilan, Gianaris, Rivera and Stavisky.
14 Ayes, 53. Nays, 8.
15 ACTING PRESIDENT GRIFFO: The bill
16 passes.
17 Senator Comrie also wanted to
18 explain his vote on that, so we're going to
19 reopen it.
20 Senator Comrie.
21 SENATOR COMRIE: I'm sorry, I just
22 wanted to explain my vote.
23 I'm not against the issues of
24 protecting the Lloyd Aquifer. It's an important
25 resource that we need to maintain for -- on
5342
1 Long Island. But the Lloyd Aquifer affects
2 Queens in a very specific way, and I'm actually
3 standing up to appeal that we do try to address
4 it.
5 I have homeowners in my district
6 that, because of the nonpumping of the aquifer,
7 are experiencing 24-hour flooding in their
8 basements. Their homes, their basements are
9 moldy, they have issues with safety. Also, the
10 Parsons/Archer subway line, York College and
11 other sites in my district are constantly pumping
12 and recycling water because they can't get rid of
13 the water because DEC will not allow the water to
14 be pumped into Jamaica Bay.
15 This is a larger problem than
16 affects one county, and I would hope that next
17 year we can have some serious efforts to finally
18 repair this problem so that we can protect the
19 aquifer but to also aid homeowners in my district
20 that cannot sell their homes because they're
21 getting water in their basement 24/7.
22 So it's not that I am not supporting
23 the issues of the aquifer, but I need to raise
24 the issue of protecting my homeowners in Queens
25 that are getting water that they can't get rid of
5343
1 in their basements every day.
2 Thank you, Mr. President. I vote
3 no.
4 ACTING PRESIDENT GRIFFO: Senator
5 Comrie to be recorded in the negative.
6 Reannounce the results.
7 THE SECRETARY: In relation to
8 Calendar 2142, those recorded in the negative are
9 Senators Addabbo, Alcantara, Avella, Comrie,
10 Dilan, Gianaris, Rivera and Stavisky. Also
11 Senator Peralta. Also Senator Hamilton. Also
12 Senator Díaz. Also Senator Montgomery. Also
13 Senator Bailey.
14 Ayes, 48. Nays, 13.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 2143, by Senator Phillips, Senate Print 6753, an
19 act to amend the Racing, Pari-Mutuel Wagering and
20 Breeding 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
5344
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Those
4 voting "neigh" please raise your hand.
5 (Laughter.)
6 THE SECRETARY: In relation to
7 Calendar 2143, those recorded in the negative are
8 Senators Alcantara, Avella, Bailey, Carlucci,
9 Díaz, Hamilton, Klein, Latimer, Peralta, Savino,
10 Stewart-Cousins and Valesky.
11 Ayes, 49. Nays, 12.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 2144, by Senator Carlucci, Senate Print 6773, an
16 act to amend the Social Services Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 60th day.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT GRIFFO: Announce
25 the results.
5345
1 THE SECRETARY: In relation to
2 Calendar 2144, those recorded in the negative are
3 Senators Breslin, Brooks, Gianaris, Jacobs,
4 Kaminsky, Kennedy, LaValle, Marcellino,
5 Ranzenhofer, Rivera and Robach.
6 Ayes, 50. Nays, 11.
7 ACTING PRESIDENT GRIFFO: The bill
8 passes.
9 THE SECRETARY: Calendar Number
10 2145, by Senator Amedore, Senate Print 6785, an
11 act to amend the Racing, Pari-Mutuel Wagering and
12 Breeding 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, 59. Nays, 2.
21 Senators Díaz and LaValle recorded in the
22 negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 passes.
25 THE SECRETARY: Calendar Number
5346
1 2146, by Senator DeFrancisco, Senate Print 6800,
2 an act to amend the Civil Practice Law and Rules.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 4. 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 Hannon to explain his vote.
12 SENATOR HANNON: Thank you,
13 Mr. President.
14 I rise because I am opposed to this
15 provision. I believe there's a range of
16 different reasons to be against this.
17 At the beginning, I would simply
18 point out that in dealing with any aspect of the
19 healthcare system, this week is not anticipating
20 what's going to happen in Washington the next
21 couple of months, even including the U.S. Senate
22 acting next week, where the prospects of what
23 will happen to New York's healthcare system is
24 severe in regard to the rules that may apply and
25 even more severe and devastating in regard to the
5347
1 money that may not be there to keep a system
2 going that will provide quality healthcare for
3 our residents.
4 In addition to that, there are
5 reasons on the specific aspects of this bill.
6 This is a bill that not only extends the statute
7 of limitations, but it extends the date of
8 discovery. And both of those aspects, I believe,
9 are going to have two costs to them.
10 The first cost would be direct, in
11 regard to increased malpractice premiums because
12 actuaries have to take into account that there
13 will be more cases brought and, with that, you
14 have to put bigger reserves and you have to
15 charge bigger premiums. So that's one cost.
16 The second, even though it is
17 dealing with the most scared, the most feared
18 illness that we can have, that of cancer, is
19 going to result in really increased tests to try
20 to avoid the negligence that would go along with
21 this, because of the myriad of x-rays and CAT
22 scans and MRIs and the number of other tests that
23 can be used to detect them. So the cost of that
24 is going to be considerable.
25 And the last part of it is not only
5348
1 the timing in regard to the federal action, but I
2 think the timing in regard to where we are in
3 regard to our malpractice system in this state.
4 I don't believe it's a solid system. I don't
5 believe it's on sure footing. I don't believe we
6 know the future of where it's going. I think all
7 of that needs to be addressed. And I think
8 whatever we do in regard to malpractice should be
9 a part of addressing the entire system all at
10 once.
11 So for those reasons, Mr. President,
12 I'm going to be voting in the negative.
13 ACTING PRESIDENT GRIFFO: Senator
14 Hannon will be recorded in the negative.
15 Is there any other Senator that
16 wishes to explain their vote before the sponsor
17 closes?
18 The sponsor to close.
19 SENATOR DeFRANCISCO: Thank you.
20 I want to first thank the leader for
21 putting this bill on.
22 I know there's a lot of groups that
23 are against this and are informing people that
24 this is going to have an extremely adverse effect
25 on medical care in this state.
5349
1 And I want to thank everyone here
2 who supported the bill. And I certainly
3 understand Kemp's concerns, Senator Hannon's
4 concerns.
5 But the concept that it's not
6 time -- you know, I've been here 25 years. I've
7 heard that argument so many times over those
8 years, that now is not the best time to do it,
9 now is not the best time to do it.
10 The problem is this is a real
11 serious case. In order to modify the bill to
12 make it more acceptable to some, this is only
13 related to cancer cases. And I've seen, when I
14 was practicing law, actual cases like this.
15 Others have had personal experiences, whether
16 individually or through people they know, where
17 someone had a mass, whether it's a man or a
18 woman, somewhere in their body that was detected
19 by some test or detected some way, and it was
20 stuck in the medical records, but they never
21 learned of it. And in medical malpractice cases,
22 you have two and a half years to bring the
23 lawsuit.
24 Well, what this does is that if you
25 don't discover it until two and a half years plus
5350
1 one day, the doctor can never be held or the
2 hospital can never be held responsible for not
3 diagnosing something that could, in many cases,
4 due to the length of time, result in death. Or a
5 much more serious condition.
6 That's just a matter of fairness.
7 To change that in order to say it shouldn't be
8 from the date of the injury if you don't know
9 about it, if the negligence you don't know about,
10 it should be from the date you discover it or
11 should have discovered it. And that's all this
12 bill does. And it doesn't go on ad infinitum.
13 Negligence, even if you don't discover it until
14 several years later, there's an automatic
15 seven-year bar from the date of the negligence.
16 So you can't just wait forever and bring a suit
17 10 years, 20 years, 30 years later.
18 So it's a fair balance. And it's
19 important to have justice in that situation.
20 And Senator Hannon had mentioned
21 about the increased cost of tests and the more
22 tests there would be. That's the purpose of
23 tests. And that's the purpose of trying to stop
24 something before it really becomes a deadly or
25 very serious problem.
5351
1 And lastly, the concern about high
2 malpractice insurance. That is -- I don't know,
3 those of you who were here for Timothy's Law, if
4 you remember that Timothy's father was up here or
5 in the hallway day after day after day, for
6 years, until we provided insurance coverage
7 requirements for mentally ill individuals. And
8 that was the mantra by the insurance carriers:
9 It's going to be Armageddon. The insurance
10 policies are going to be so costly that we'll
11 never be able to afford them.
12 Well, guess what? It was passed
13 eventually, and ultimately the insurance rates
14 did not go up to the point where they became
15 unaffordable, and it was coverage that was truly
16 needed. That's the same situation here.
17 Last point, with respect to the
18 medical malpractice carriers. We've got to have
19 healthy medical malpractice insurance. But I'm
20 just -- I'm not going to say anything other than
21 one of those medical malpractice insurance
22 companies, MLMIC, has entered into a contract to
23 sell their company to Berkshire Hathaway. I'm
24 just asking everybody to please watch as the
25 Department of Financial Services reviews that
5352
1 sale, the details of that sale, the surpluses
2 that that company has accrued over all of these
3 years when they have been saying that malpractice
4 insurance is too high, the surpluses that they've
5 been holding -- and also the refunds that they've
6 been given over the many, many years.
7 I'm not against doctors. I'm not
8 against hospitals. My son is a doctor. My
9 daughter-in-law is a doctor. The fact of the
10 matter is this is just balancing the interests,
11 as we do in every piece of legislation. And in
12 this case the balance is to support this bill.
13 And thank you, Mr. President, and
14 thank you, members of the Senate.
15 ACTING PRESIDENT GRIFFO: Senator
16 DeFrancisco to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar 2146, those recorded in the negative are
20 Senators Hannon, Murphy, O'Mara and Ortt. Also
21 Senator Valesky. Also Senator Klein.
22 Ayes, 55. Nays, 6.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
5353
1 2147, by Senator Bonacic, Senate Print 6801, an
2 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: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 2147, those recorded in the negative are
14 Senators Comrie, Hoylman, LaValle and Murphy.
15 Ayes, 57. Nays, 4.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 Calendar Number 2148 is high.
19 Therefore, it is ineligible for consideration
20 before the house.
21 SENATOR DeFRANCISCO: Lay the bill
22 aside temporarily, please.
23 ACTING PRESIDENT GRIFFO: The bill
24 will be laid aside temporarily.
25 Senator DeFrancisco, that concludes
5354
1 the noncontroversial reading of today's active
2 list and Supplemental Senate Calendar 59A.
3 SENATOR DeFRANCISCO: Can we now go
4 back to the active list. And I believe there's
5 one bill that was laid aside.
6 ACTING PRESIDENT GRIFFO: Calendar
7 Number 325.
8 SENATOR DeFRANCISCO: And could we
9 take up Calendar Number 325.
10 ACTING PRESIDENT GRIFFO: The
11 Secretary will ring the bell.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 325, by Senator Ranzenhofer, Senate Print 3877,
15 an act to amend the Agriculture and Markets Law.
16 SENATOR RIVERA: Explanation.
17 ACTING PRESIDENT GRIFFO: Senator
18 Ranzenhofer, an explanation has been requested by
19 Senator Rivera.
20 And again I'm going to ask for some
21 quiet in the house so the members can hear each
22 other.
23 Senator Ranzenhofer.
24 SENATOR RANZENHOFER: Yeah, this is
25 a bill to amend the Agriculture and Markets Law
5355
1 relating to food labels and food portions that
2 are produced, processed, transported, stored,
3 marketed, districted, sold, offered for sale in
4 this state. In other words, to have uniformity
5 in the State of New York.
6 SENATOR RIVERA: Mr. President,
7 through you. If you're done with your lounging,
8 I don't know. You're good?
9 (Laughter.)
10 SENATOR RIVERA: Mr. President,
11 through you, if the sponsor would yield for a
12 question.
13 SENATOR RANZENHOFER: I'd be happy
14 to yield.
15 ACTING PRESIDENT GRIFFO: The
16 sponsor will yield, Senator Rivera.
17 SENATOR RIVERA: Through you,
18 Mr. President.
19 So that is the stated explanation.
20 But what is the purpose? What is the sponsor --
21 I'm trying to figure out what the sponsor is
22 trying to solve with this bill.
23 SENATOR RANZENHOFER: You're trying
24 to get into my head and the reason behind the
25 legislation?
5356
1 SENATOR RIVERA: Through you,
2 Mr. President --
3 SENATOR RANZENHOFER: Through you,
4 Mr. President.
5 ACTING PRESIDENT GRIFFO: The
6 sponsor yields.
7 SENATOR RANZENHOFER: Yes.
8 SENATOR RIVERA: So through you,
9 Mr. President, I want to -- getting into your
10 head or not, that is not the issue. More
11 importantly, I wanted to figure out what is the
12 issue that this bill is trying to address.
13 SENATOR RANZENHOFER: The issue
14 that arose is that municipalities -- there was
15 concern that municipalities, whether cities or
16 counties, would have their own labels which are
17 different than the standard labels that are used
18 across the State of New York, whether it be for
19 supermarkets or restaurants.
20 And the problem that would cause
21 when you are processing or manufacturing or
22 distributing, in that you would have to go city
23 by city or county by county for the same product,
24 but to have a different label on your product in
25 order to comply with local laws that were
5357
1 implemented across the State of New York.
2 So the reason behind the legislation
3 is to make sure that that does not happen,
4 because that would create a virtual nightmare for
5 intrastate commerce of having to have a different
6 label on the same product, as you're moving your
7 product across the State of New York, for each
8 county that you're selling the product in.
9 SENATOR RIVERA: Through you,
10 Mr. President, if the sponsor would continue to
11 yield.
12 SENATOR RANZENHOFER: Yes.
13 ACTING PRESIDENT GRIFFO: The
14 sponsor yields.
15 SENATOR RIVERA: We'll get back to
16 that. But there is another part of the bill that
17 deals not with food labels but with portions.
18 Could you explain that part? Could the
19 sponsor -- through you, Mr. President -- explain
20 that part of the bill to me, please?
21 SENATOR RANZENHOFER: As I said, it
22 deals with two things. It deals with the
23 contents of the label and it also deals with the
24 food portion.
25 So in other words, if a product says
5358
1 that this has four servings on it and a
2 municipality wanted you to have something a
3 little bit different -- for instance, how many
4 ounces for each serving or something
5 different than is required across the state --
6 then that would cause a problem with the actual
7 distribution of the product because you would
8 have to comply with each municipality's labeling
9 requirement.
10 SENATOR RIVERA: One second,
11 Mr. President.
12 Through you, Mr. President, if the
13 sponsor would continue to yield.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR RANZENHOFER: Yes, I'd be
17 happy to.
18 SENATOR RIVERA: Thank you.
19 There's a part of the bill -- I'm
20 going to lines 17 on in Section 2, subdivision 1.
21 There's one part, Mr. President, that reads
22 "enforce and carry into effect the provisions of
23 law of the state relative to weights and
24 measures."
25 This is the sentence that is
5359
1 important, Mr. President: "Jurisdiction in all
2 matters pertaining to the food label or the
3 portion of food produced, processed, transported,
4 stored, marketed, distributed, sold or offered
5 for sale in the state is vested exclusively in
6 the state." I want to talk about that part of
7 the bill.
8 Would there be -- Mr. President,
9 through you -- a locality, when not dealing with
10 labels but dealing with what they're requiring a
11 restaurant, for example, as opposed to a producer
12 of -- like somebody produces a product, right?
13 That is one thing that deals with labels. But if
14 there is a restaurant, for example, that is in a
15 locality -- if the locality requires the
16 restaurant not related to a product that they
17 individually sell, but to a meal that they offer,
18 and that there's a requirement -- if a locality
19 has a requirement of that restaurant about -- to
20 announce its caloric content or its sodium
21 content, fat content, et cetera, would this bill
22 impact whether a locality has the ability to do
23 that or not?
24 SENATOR RANZENHOFER: Through you,
25 Mr. President. I think the Senator referred to
5360
1 Section 2, paragraph 1 when he read lines 17
2 through 20, I believe.
3 But if you go back to Section 1,
4 which is before that, 6, it defines what is meant
5 by portion. So a portion means the amount of a
6 given food sold or offered for sale, including
7 but not limited to the size of the container or
8 packaging in which the food is sold or offered
9 for sale.
10 So this only has to do with that,
11 not with the issue that you were referring to.
12 SENATOR RIVERA: Mr. President, if
13 the sponsor would continue to yield.
14 ACTING PRESIDENT GRIFFO: The
15 sponsor yields.
16 SENATOR RIVERA: Yes, the sponsor
17 would yield?
18 SENATOR RANZENHOFER: I got the
19 sign language. But if you asked the President if
20 I'll yield, the answer is yes.
21 SENATOR RIVERA: Thank you,
22 Mr. President.
23 ACTING PRESIDENT GRIFFO: They're
24 both reading papers. So now if you look at each
25 other, we can figure it out.
5361
1 SENATOR RIVERA: No, we have to
2 look at you, Mr. President. We can't look at the
3 other.
4 So just to be clear, because I did
5 read both of those parts, the definition that I
6 read of that paragraph, subsection 1 --
7 Section 2, subsection 1, part of the paragraph
8 which I read earlier, the question that I have
9 relates to whether this would -- if it were to
10 become law, would it extend the authority to the
11 state, and strictly to the state, on issues
12 regarding -- to localities regarding whether they
13 require not producers of individual products for
14 sale, but of restaurants or other companies that
15 sell food products, not for individual sale but
16 for consumption in a restaurant or to go? Would
17 there be -- would this bill impact the ability of
18 a locality to be able to do that, or would the
19 locality still be able to do that, Mr. President?
20 SENATOR RANZENHOFER: Yeah.
21 Through you, Mr. President, the intent of the
22 bill and the clear language of the bill has to do
23 with food that's already packaged. In my
24 judgment in what the bill says, this does not --
25 this does not pertain to prepared food that a
5362
1 restaurant is serving.
2 So if the restaurant takes the food
3 out of the package, the restaurant could do what
4 it wants based on what a municipality has decided
5 is appropriate for that municipality.
6 SENATOR RIVERA: I'm sorry,
7 Mr. President, I didn't hear that last part.
8 ACTING PRESIDENT GRIFFO: Can you
9 say that again, Senator Ranzenhofer, through the
10 mike?
11 SENATOR RIVERA: The very last
12 part.
13 SENATOR RANZENHOFER: Yes. This
14 doesn't affect food that's taken out of the
15 package and then served and sold by the
16 restaurant. This just has to do with prepackaged
17 food which has the label on it.
18 SENATOR RIVERA: Mr. President,
19 through you, if the sponsor would yield for one
20 more question.
21 ACTING PRESIDENT GRIFFO: Would you
22 yield for an additional question and some yogurt?
23 SENATOR RANZENHOFER: I'd happy to
24 yield to an additional question from Senator
25 Rivera.
5363
1 SENATOR RIVERA: So individual
2 packaging, if it's taken out of the individual
3 package, as you said, it would not cover it.
4 SENATOR RANZENHOFER: That's what I
5 said, yes.
6 SENATOR RIVERA: But it would not
7 cover it either if the restaurant did not deal
8 with prepackaged food, but prepared something
9 fresh or just something individually packaged?
10 SENATOR RANZENHOFER: Right. If
11 it's not packaged, then it's not governed by
12 this.
13 SENATOR RIVERA: Okay. Thank you,
14 Mr. President. On the bill.
15 ACTING PRESIDENT GRIFFO: Senator
16 Rivera on the bill.
17 SENATOR RIVERA: I thank the
18 sponsor for his answers.
19 And the reason I'm asking the
20 questions, Mr. President, is because I'm
21 sincerely curious because at first glance it
22 seemed to be a broader bill.
23 If we're talking about strictly
24 packages and if the sponsor's stated purpose is
25 to make it so that no locality -- to ease, as he
5364
1 says, for small businesses or large businesses
2 that produce individually wrapped food stuff,
3 there would be no locality that would be able to
4 make a requirement that is different than the
5 state's.
6 My only -- I wish this was one of
7 the -- this is one of the ones that I wish I
8 could vote without rec on the floor, because it
9 seems to me at least there is one part of it that
10 I am convinced, both by reading closely the text
11 as well as from the answers of the sponsor, that
12 this bill would not be able to impact. And that
13 is the ability of localities to be able to
14 determine, if they make requirements of
15 restaurants and such, like the City of New York,
16 for example, as far as what a kind of -- how much
17 sodium is in a meal or what is the caloric
18 content of a particular meal.
19 And that is certainly my concern
20 because I want people that are dining out, or
21 just consumers in general, to have that
22 information. So I wanted to make sure that this
23 bill did not impact that.
24 I would still be concerned about --
25 for example, there is a -- in other states there
5365
1 have been long debates about genetically modified
2 organisms or GMOs in foods and whether we should
3 be banning them or at least requiring the
4 companies to make it clear that this is part of
5 the ingredients of whatever it is that they're
6 packaging. And so I would love to have a longer
7 conversation with the sponsor about that issue.
8 This is one of the ones -- at least
9 it's not as strong as I thought at first,
10 particularly related to the first matter. So
11 I'll still be voting in the negative,
12 Mr. President, but I thank the sponsor for his
13 answers.
14 ACTING PRESIDENT GRIFFO: Thank
15 you, Senator Rivera.
16 Hearing and seeing no other Senator
17 that wishes to be heard, debate is closed.
18 The Secretary --
19 Senator who? Senator Squadron.
20 SENATOR SQUADRON: Thank you,
21 Mr. President. If the sponsor would yield for
22 just one question.
23 ACTING PRESIDENT GRIFFO: Senator
24 Ranzenhofer, would you yield for one question?
25 SENATOR RANZENHOFER: I'll yield to
5366
1 one question.
2 ACTING PRESIDENT GRIFFO: Senator
3 Squadron.
4 SENATOR SQUADRON: Thank you.
5 Is the sponsor aware of any existing
6 local law that would be impacted by this bill?
7 SENATOR RANZENHOFER: Yeah, I can
8 get back to you off-session. I don't have that
9 with me right now in terms of when this whole
10 thing started. So I can certainly get that
11 information to you, but I don't have it at my
12 fingertips right now.
13 SENATOR SQUADRON: If the sponsor
14 would yield for a rephrasing of the question for
15 further clarity.
16 SENATOR RANZENHOFER: A second
17 question?
18 ACTING PRESIDENT GRIFFO: The
19 sponsor yields.
20 SENATOR SQUADRON: Thank you.
21 But to the sponsor's knowledge,
22 standing here today, there's no particular local
23 law that would be superseded by this state law?
24 SENATOR RANZENHOFER: As I said,
25 I'll get back to you on the specifics of other
5367
1 jurisdictions. I don't have that information at
2 my fingertips right now.
3 SENATOR SQUADRON: Thank you.
4 On the bill, Mr. President.
5 ACTING PRESIDENT GRIFFO: Senator
6 Squadron on the bill.
7 SENATOR SQUADRON: Thank you.
8 I actually thought the debate was
9 very helpful between Senator Rivera and Senator
10 Ranzenhofer.
11 I would like to be supportive of
12 this bill. I was asking that question to confirm
13 for the record that this was not one of these
14 issues where local imperative is being kind of
15 overridden by the state.
16 From that answer, I'm not entirely
17 sure of it. But I thank the sponsor for getting
18 back to me sometime subsequent to the vote to
19 clarify that for me.
20 Thank you, Mr. President.
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator Squadron.
23 The debate is closed. The Secretary
24 will ring the bell.
25 Read the last section.
5368
1 THE SECRETARY: Section 3. 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 ACTING PRESIDENT GRIFFO: You're
7 now free to move around the cabin.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar 325, those recorded in the negative are
11 Senators Bailey, Benjamin, Breslin, Díaz,
12 Gianaris, Hoylman, Kaminsky, Kennedy, Krueger,
13 Montgomery, Parker, Persaud, Rivera, Squadron,
14 Stavisky and Stewart-Cousins.
15 Absent from voting: Senators
16 Sanders and Serrano.
17 Ayes, 45. Nays, 16.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 Senator DeFrancisco, that completes
21 the controversial reading of today's active list.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Yes, we're
24 going to stand at ease for a short time.
25 But to give you an idea of what's
5369
1 happening, there will be a meeting of the
2 Finance Committee to deal with nominations at
3 2:00 p.m. in Room 332. We'll resume session
4 immediately following.
5 ACTING PRESIDENT GRIFFO: There
6 will be a meeting of the Finance Committee at
7 2:00 p.m. in Room 332 to consider nominations.
8 The Senate stands temporarily at
9 ease.
10 (Whereupon, the Senate stood at ease
11 at 1:03 p.m.)
12 (Whereupon, the Senate reconvened at
13 2:52 p.m.)
14 ACTING PRESIDENT GRIFFO: The
15 Senate will return to order.
16 SENATOR DeFRANCISCO: Could we go
17 to reports of standing committees.
18 And is there a report of the
19 Judiciary Committee at the desk?
20 ACTING PRESIDENT GRIFFO: We will
21 return to reports of standing committees.
22 There is a report of the Judiciary
23 Committee before the desk, and the Secretary will
24 read.
25 THE SECRETARY: Senator Bonacic,
5370
1 from the Committee on Judiciary, reports the
2 following nomination:
3 As an associate judge of the Court
4 of Appeals, Paul Feinman.
5 SENATOR DeFRANCISCO: Please call
6 on Senator Bonacic.
7 ACTING PRESIDENT GRIFFO: Senator
8 Bonacic.
9 SENATOR BONACIC: Thank you very
10 much, Mr. President.
11 Yesterday the Judiciary Committee
12 met and considered the nomination of Judge
13 PaulFeinman to serve as an associate judge of the
14 Court of Appeals for a term commencing June 22,
15 2017, and expiring December 31, 2030.
16 But before I continue, let me
17 recognize two honored guests that are in the
18 chambers today. And that's our Chief Judge,
19 Janet DiFiore, and she's joined by Judge Rowan
20 Wilson. And we thank you both for being here.
21 Mr. Feinman is with us today in the
22 gallery, and he's joined by the following
23 individuals: His spouse, Robert Ostergaard; his
24 brother, Philip Feinman; his sister, Fran
25 Beilinson; his friends Tom Schuler, Michael
5371
1 Cormier, Matthew Skinner, Ed DeBonis, and
2 Sharon Beilinson.
3 He's a resident of Roosevelt Island,
4 and he's a constituent of Senator Serrano.
5 Pursuant to the provisions of
6 Section 2 of Article VI of the Constitution and
7 the provisions of Section 68 of the Judiciary
8 Law, the Judiciary Committee has reported the
9 nomination to the floor. And by the way, I want
10 to mention for Judge Feinman that was unanimous.
11 Let me just give you a little
12 background about Judge Feinman. He graduated
13 from Columbia University and attended the
14 University of Minnesota Law School, where he
15 received a full tuition scholarship. I'm sure
16 his parents liked that.
17 He has been a judge in this state
18 since 1997, serving in the Criminal Court, the
19 Supreme Court, and the Appellate Division.
20 During his time on the bench he's
21 also served on additional committees and
22 initiatives at the request of OCA, including an
23 anti-bias committee and a tort advisory committee
24 that focused on e-filing.
25 Based on the committee's review of
5372
1 the candidate, I think Governor Cuomo has
2 nominated an impressive judicial nominee with
3 extensive experience in the New York Court system
4 that provides him with a vast array of
5 institutional knowledge.
6 He was reported to the floor, as I
7 said before, by our committee unanimously. And I
8 would like to move the nomination of Judge Paul
9 Feinman to serve as an Associate Judge of the
10 Court of Appeals.
11 There's just one other thing I'd
12 like to add. When we looked at the cases that
13 Judge Feinman decided over the years, one of the
14 things that impressed me the most is that he
15 always reviewed the law in front of him, whatever
16 that statute was. And to the best of his
17 ability, he always tried to apply the law without
18 any biases, without any prejudice to whether it
19 was a plaintiff or a defendant. And that I
20 thought was very important.
21 I was also impressed with what I
22 felt was his judicial independence.
23 So for me, those two qualities,
24 exemplary qualities, stood out the most.
25 So at this time I'd like to say
5373
1 thank you to our members. And I see Senator
2 Serrano is not here, but if any other member
3 would like to speak, Mr. President, please allow
4 them to do so.
5 ACTING PRESIDENT GRIFFO: Senator
6 Hoylman.
7 SENATOR HOYLMAN: Thank you,
8 Mr. President.
9 First I want to thank the chair,
10 Senator Bonacic, for his judiciousness in leading
11 the review of Judge Feinman's nomination and
12 asking just the right questions at the review
13 yesterday.
14 And I think Senator Bonacic would
15 agree with me that Judge Feinman, while we're not
16 choosing him because he checks particular boxes
17 that may involve immutable characteristics, he
18 does check a lot of important boxes that we value
19 in members of the Judiciary -- like excellence,
20 check; like intelligence, check; like
21 thoughtfulness, check; like consensus-building,
22 check.
23 And he has demonstrated, throughout
24 his career -- I might add, a career that I've
25 followed for a quarter-century -- working his way
5374
1 up from being a law clerk to the Civil Court to
2 the Supreme Court to the Appellate Division and
3 now the Court of Appeals. Every step of the way
4 as being someone who is highly regarded by his
5 peers, by practitioners, and from my perspective,
6 by the community.
7 Because there's something special
8 about this candidate today before us that we
9 can't deny. And the representation on the court
10 is so important. It's so important that we
11 continue to strive for diversification, let me
12 say for two reasons. One because we want judges
13 who can demonstrate empathy, empathy to the
14 people who appear before them, the ability and
15 the willingness to feel what other people are
16 feeling. So you need a diverse bench for that.
17 And secondly, it's so important,
18 Mr. President, that we have a diverse bench
19 because we need the public to remain confident in
20 our court system. You know, courts are different
21 than Legislatures or Executives. They can't
22 raise taxes. They don't have political clubs
23 behind them. They don't have armies, that's for
24 sure. So they depend on the confidence and the
25 trust that they generate throughout our
5375
1 communities. That's why inclusiveness is so
2 important.
3 You know, I'll tell you a story. I
4 saw a group of fourth-graders this morning
5 walking into the Capitol. They were from
6 East Greenbush. And they'd never been here
7 before. They were so excited to ride up the
8 escalator, they were tripping over themselves,
9 literally, to get on it.
10 And as they entered the stairwell, I
11 watched them as they all looked up at the
12 ceiling, at the direction of the tour guide, and
13 all of their mouths opened simultaneously and
14 they all said "Ahh." It was so inspiring.
15 And that's something that I think
16 we're doing here today. We are inspiring young
17 people. Young people who may not be the same,
18 may feel differently, may stand out for a whole
19 host of reasons. But the fact that we are
20 promoting today a judge who is the first openly
21 LGBT person in the 170-year history of the Court
22 of Appeals is a historic event that we have to
23 make note of.
24 So the combination of Paul Feinman's
25 amazing abilities on the court -- someone who has
5376
1 generated confidence from his colleagues, from
2 practitioners, from attorneys who have appeared
3 before him, from the community at large, and
4 someone who represents an important part of the
5 State of New York -- to me is so profound. And
6 I'm so grateful to my colleagues for moving this
7 nomination forward.
8 And let me say that I have to thank
9 Governor Cuomo. It's so fitting that he is
10 taking this opportunity to reshape the bench,
11 given his support for my community. Whether it
12 be the passage of marriage equality or his
13 legislation, his executive orders, ranging from
14 transgender rights to restricting the practice of
15 gay conversion therapy, to his appointment of
16 LGBT people at the intermediate appellate level,
17 to his ongoing support for the human rights and
18 dignities of everyone, including LGBT
19 individuals, he deserves our thanks.
20 So I'm so grateful. I'm so moved.
21 This is a day in history.
22 But back to Senator Bonacic's
23 original point. This is a judge who's supremely
24 qualified. And I think he has hit the nail on
25 the head when he says this is a judge who's going
5377
1 to look at the law, apply it fairly, equally, and
2 move justice forward in the State of New York.
3 So, Mr. President, I am so moved by
4 this nomination and happy to see Judge Feinman
5 here with his husband, Robert, and all their
6 friends.
7 Thank you, Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Krueger.
10 SENATOR KRUEGER: Thank you,
11 Mr. President.
12 I also rise to congratulate Governor
13 Cuomo on such an excellent nomination and to
14 congratulate the judge on his promotion.
15 You know, I don't get involved in
16 judge politics at home. But when I first started
17 getting involved in politics in the great Borough
18 of Manhattan, I think it was about the same time
19 that Judge Feinman was also starting his pursuit.
20 And so we would constantly run into each other at
21 various events and would each be giving speeches
22 about who you were and what you hoped to do if
23 you were successful in your goals.
24 And he was always such an articulate
25 and extraordinarily talented person. You could
5378
1 see that even if you, like myself, didn't feel
2 that you could possibly judge a judge.
3 Now that I've been here for
4 15 years, I have such a greater appreciation for
5 the importance of qualified people in our courts.
6 In fact, I would daresay democracy would be lost
7 to all of us if we couldn't count on our judicial
8 process, if we couldn't count on our courts to
9 uphold our laws, to be the arbiters of right and
10 wrong, who would in fact ensure justice was
11 applied and that everyone had the right to equal
12 justice in this country.
13 So I applaud everyone in our court
14 system, who keep us honest and keep democracy
15 strong.
16 And just a comment on my friend and
17 colleague Brad Hoylman's support and talk about
18 the importance of his being the first LGBT judge
19 on the highest court in the state. Brad Hoylman
20 is not wrong. Some of us live in communities
21 where you almost can default LGBT until told
22 otherwise. And some of us still live in
23 communities where it's, Oh, they're lesbian,
24 they're gay, who knew?
25 The really great day will be when
5379
1 nobody even notices whether a judge joins and
2 they're LGBT or they're of color or they're a
3 woman or they're of any religion, because that
4 will be at the point where we have true equality
5 across the State of New York across the systems.
6 But for now, the fact that you are a
7 first is a very important statement, I think, for
8 everyone in this great state. Congratulations,
9 and serve well.
10 Thank you, Mr. President.
11 ACTING PRESIDENT GRIFFO: Senator
12 Díaz.
13 SENATOR DÍAZ: Thank you,
14 Mr. President.
15 Yesterday I was able to also support
16 the nomination of Judge Paul Feinman.
17 And today, listening again to my
18 colleagues, it is important to know that, as my
19 colleague Senator Hoylman said, that it is not
20 because he's gay, it is not because he's a
21 woman -- because he's replacing a woman. He is
22 replacing a minority. So it is not -- his
23 nomination is not based in his gender or a woman,
24 because we also -- we always cry foul when there
25 is a woman and there is not enough women, not
5380
1 enough that.
2 But this nomination is not based in
3 women. Because if that is based in doing justice
4 to women, then Governor Cuomo should have
5 appointed another woman to replace the woman that
6 he's replacing.
7 If it would have been based on
8 minorities, then Governor Cuomo should have
9 appointed a minority person that he's replacing.
10 But today I'm voting for this
11 nomination -- not because he's gay, not because
12 he's woman, not because he's minority, but
13 because he's the best qualified person. And when
14 we do our things in life based on who is best
15 qualified person, who has the best
16 qualifications, and not pandering to any group --
17 because they're a woman, because they're a
18 minority, because they're gay or whatever -- when
19 we do it based on qualifications, then we're all
20 happy because that's the best thing to do.
21 And today, according to all the
22 qualifications and all the records that I read
23 yesterday and that people have been talking
24 about, I'm honored. I want to vote for this
25 nomination. Because he's a great person, a
5381
1 qualified person for the job, replacing a woman
2 who was great, a minority who was magnificent
3 also.
4 So thank you, Mr. Chairman, and I'm
5 voting yes.
6 ACTING PRESIDENT GRIFFO: Is there
7 any other Senator that wants to be heard?
8 Then I will ask Senator DeFrancisco
9 to close.
10 SENATOR DeFRANCISCO: Yes, thank
11 you, Mr. President.
12 The first thing I want to say to
13 Judge Feinman is that the person to the right of
14 you is the reason you're here. Okay?
15 We all got calls saying "You cannot
16 possibly leave Albany without us filling this
17 court, and we need this nomination done before
18 next year." She even caught me on the golf
19 course and then back at home. And I'm glad she
20 was that tenacious, because she was obviously
21 successful.
22 And I just wanted to mention one
23 thing. You know, sometimes we get so tied into
24 an ethnic group, as Senator Díaz was saying, or a
25 man or a woman or whatever the different
5382
1 qualifications are. There's only a few seats on
2 the Court of Appeals. And I think Senator Díaz
3 is precisely right, you've got to have people
4 with the right qualifications.
5 And reading your resume, it's like
6 you were born to be a judge. Because you start
7 out after law school as an intern -- and the
8 intern was with a law firm in France? That's
9 what it says here. Then you were a law clerk for
10 a savings bank. You start out as a law clerk,
11 then an intern in the chambers of a Court of
12 Appeals judge, then a research assistant, then a
13 legal writing instructor, staff attorney for the
14 Legal Aid Society -- probably not the plum job
15 that most people were looking for out of law
16 school, but a job that's extremely important.
17 And it shows the broad amount of experiences that
18 you had.
19 Then senior staff at the Legal Aid
20 Society. Principal law clerk to a judge in the
21 Appellate Division. So you're practicing to
22 become an Appellate Division judge, which you
23 became. And now all of that led to the highest
24 court of the State of New York.
25 It's an incredible resume with an
5383
1 incredibly broad sense of accomplishments and
2 experiences.
3 So for those reasons, I proudly cast
4 my vote in your favor, and I wish you the best of
5 luck in the future.
6 And even though Judge DiFiore made
7 sure you got here today, I'm sure you will be
8 independent in your votes when you get on the
9 Court of Appeals.
10 Thank you very much.
11 Congratulations.
12 ACTING PRESIDENT GRIFFO: Thank
13 you.
14 First and foremost, we want to
15 extend a warm welcome and the privileges of the
16 house to Chief Judge DiFiore. Thank you for
17 being here today. Associate Judge Wilson, thank
18 you for being here today.
19 The question now is on the
20 nomination of Paul Feinman as an Associate Judge
21 of the Court of Appeals. All in favor signify by
22 saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT GRIFFO: Opposed?
25 (No response.)
5384
1 ACTING PRESIDENT GRIFFO: The
2 nomination is approved, and Paul Feinman is
3 hereby confirmed as an associate judge of the
4 Court of Appeals.
5 Judge Feinman, congratulations.
6 (Extended standing ovation.)
7 ACTING PRESIDENT GRIFFO: We extend
8 our best wishes, Judge, for a successful tenure.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: First I'd
11 like to call an immediate meeting of the
12 Labor Committee in Room 332. Immediate meeting
13 of the Labor Committee in Room 332.
14 ACTING PRESIDENT GRIFFO: There is
15 an immediate meeting of the Labor Committee in
16 Room 332, an immediate meeting of the Labor
17 Committee in Room 332.
18 SENATOR DeFRANCISCO: And back to
19 reports of standing committees, is there a report
20 of the Finance Committee at the desk?
21 ACTING PRESIDENT GRIFFO: There is
22 a report of the Finance Committee before the
23 desk, and the Secretary will read.
24 THE SECRETARY: Senator Young, from
25 the Committee on Finance, reports the following
5385
1 nomination:
2 As commissioner of the Tax Appeals
3 Tribunal, Anthony Giardina, of Guilderland.
4 ACTING PRESIDENT GRIFFO: Senator
5 Young.
6 SENATOR YOUNG: Thank you,
7 Mr. President.
8 I rise to put forward the name of
9 Anthony Giardina, of Guilderland, as commissioner
10 of the Tax Appeals Tribunal.
11 Mr. Giardina has an excellent resume
12 and has many accomplishments. I think the
13 Governor has made an extraordinary choice in
14 choosing Mr. Giardina, and therefore I nominate
15 him for this position.
16 ACTING PRESIDENT GRIFFO: The
17 question is on the appointment of Anthony
18 Giardina for commissioner of the Tax Appeals
19 Tribunal. All in favor signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT GRIFFO: Opposed?
22 (No response.)
23 ACTING PRESIDENT GRIFFO:
24 Mr. Anthony Giardina is hereby confirmed as a
25 commissioner of the Tax Appeals Tribunal.
5386
1 We congratulate you, Mr. Giardina,
2 and extend our best wishes.
3 (Standing ovation.)
4 ACTING PRESIDENT GRIFFO: The
5 Secretary will continue.
6 THE SECRETARY: As a member of the
7 State Board of Parole, Charles A. Davis, DBH, of
8 Brooklyn.
9 ACTING PRESIDENT GRIFFO: Senator
10 Young.
11 SENATOR YOUNG: Thank you,
12 Mr. President.
13 Charles A. Davis, DBH, of Brooklyn,
14 has been nominated as a member of the State Board
15 of Parole. I know that Senator Gallivan,
16 especially as chair of Crime and Corrections, has
17 spent some significant time with him, and he
18 comes recommended.
19 So I am very pleased to be able to
20 put forward his name.
21 ACTING PRESIDENT GRIFFO: The
22 question is on the nomination of Charles A. Davis
23 as a member of the State Board of Parole. All in
24 favor say aye.
25 (Response of "Aye.")
5387
1 ACTING PRESIDENT GRIFFO: Opposed?
2 (No response.)
3 ACTING PRESIDENT GRIFFO: Charles
4 A. Davis is hereby confirmed as a member of the
5 State Board of Parole.
6 Congratulations, Mr. Davis.
7 (Standing ovation.)
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will continue.
10 THE SECRETARY: As a member of the
11 Correction Medical Review Board, Robert S. Kurtz,
12 MD, of Brooklyn.
13 ACTING PRESIDENT GRIFFO: Senator
14 Young.
15 SENATOR YOUNG: Thank you,
16 Mr. President.
17 I'd like to point out to the members
18 that this is a reappointment for the Correction
19 Medical Review Board by Dr. Kurtz. Obviously we
20 have faith and trust in him, based on his record,
21 and I'm very pleased to put forward his name.
22 ACTING PRESIDENT GRIFFO: The
23 question is on the nomination of Robert S. Kurtz
24 as a member of the Correction Medical Review
25 Board. All in favor say aye.
5388
1 (Response of "Aye.")
2 ACTING PRESIDENT GRIFFO: Opposed?
3 (No response.)
4 ACTING PRESIDENT GRIFFO: Robert S.
5 Kurtz is hereby confirmed as a member of the
6 Correction Medical Review Board.
7 The Secretary will continue.
8 THE SECRETARY: As a member of the
9 State Commission of Correction, Thomas J.
10 Loughren, of McDonough.
11 ACTING PRESIDENT GRIFFO: Senator
12 Young.
13 SENATOR YOUNG: Thank you,
14 Mr. President.
15 Thomas J. Loughren, of McDonough,
16 also is a reappointment to the State Commission
17 of Correction.
18 By all accounts, he's done a great
19 job, and so I am very happy that his name also is
20 being put forward today, and I would urge the
21 members to vote in his favor.
22 ACTING PRESIDENT GRIFFO: The
23 question is on the nomination of Thomas J.
24 Loughren as a member of the State Commission of
25 Correction. All in favor say aye.
5389
1 (Response of "Aye.")
2 ACTING PRESIDENT GRIFFO: Opposed?
3 (No response.)
4 ACTING PRESIDENT GRIFFO: Thomas J.
5 Loughren is hereby confirmed as a member of the
6 State Commission of Correction.
7 The Secretary will continue.
8 THE SECRETARY: As a trustee of the
9 State University of New York Board of Trustees,
10 Merryl H. Tisch, Ed.D., of New York.
11 ACTING PRESIDENT GRIFFO: Senator
12 Young.
13 SENATOR YOUNG: Thank you,
14 Mr. President.
15 The Governor has made an outstanding
16 choice by naming Merryl Tisch, Dr. Tisch, as a
17 trustee of the State University of New York Board
18 of Trustees.
19 As someone who represents several
20 SUNY schools, I am thrilled to see that she is
21 being nominated today.
22 We all know her very well in this
23 chamber just because of her past contributions as
24 a public servant to the people of New York,
25 especially in the area of education. And I know
5390
1 that she will be a true asset to the SUNY Board
2 of Trustees.
3 ACTING PRESIDENT GRIFFO: Senator
4 LaValle.
5 SENATOR LaVALLE: Thank you,
6 Mr. President.
7 This is probably one of the best
8 appointments that the Governor has made to the
9 SUNY Board. Merryl Tisch is bright, energetic,
10 forward thinking, and has probably -- anything
11 that she is involved in, she has elevated the
12 discourse for that particular group.
13 And I would -- someone asked me
14 whether I have asked Dr. Tisch whether she will
15 make room in her busy schedule to attend the SUNY
16 board meetings, because we do take attendance.
17 It's my sense that she will not only have a
18 hundred percent attendance at the meetings, but
19 on her committee assignments.
20 And I would bet that within a year
21 to a year and a half, she will have visited every
22 SUNY campus. She is that kind of person, to do
23 her research and make sure she understands the
24 needs.
25 So she will make just an absolutely
5391
1 terrific trustee, and I vote in the affirmative.
2 ACTING PRESIDENT GRIFFO: Senator
3 Stavisky.
4 SENATOR STAVISKY: Thank you,
5 Mr. President.
6 I too am delighted with this
7 appointment. She brings such a wealth and
8 breadth of knowledge in not just educational
9 areas, but in many, many other areas,
10 philanthropic work and so forth.
11 She understands the issues, whether
12 it be facing the institutions or the students.
13 She served many terms as head of the Board of
14 Regents, so she understands education policy.
15 But to me, even more importantly, is
16 not just her wealth of knowledge but the fact
17 that she sees a vision for higher education in
18 New York State, particularly as we try to relieve
19 some of the burdens on the students in terms of
20 the Excelsior Program.
21 So I am delighted that Dr. Merryl
22 Tisch is going to serve on the SUNY Board, and I
23 look forward to working with her but, more
24 importantly, her service to the people of our
25 state.
5392
1 Thank you, Mr. President.
2 ACTING PRESIDENT GRIFFO: The
3 question is on the nomination of Merryl Tisch as
4 a trustee of the State University of New York
5 Board of Trustees. All in favor say aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT GRIFFO: Opposed?
8 (No response.)
9 ACTING PRESIDENT GRIFFO: Merryl H.
10 Tisch is hereby confirmed as a trustee of the
11 State University of New York Board of Trustees.
12 The Secretary will continue.
13 THE SECRETARY: As a member of the
14 New York State Thruway Authority, George Miranda,
15 of New York.
16 ACTING PRESIDENT GRIFFO: Senator
17 Young.
18 SENATOR YOUNG: Thank you,
19 Mr. President.
20 I'm very pleased to put forward the
21 name of George Miranda, of New York, as a member
22 of the New York State Thruway Authority, and I
23 have every confidence that he will do a good job.
24 So thank you.
25 ACTING PRESIDENT GRIFFO: The
5393
1 question is on the nomination of George Miranda
2 as a member of the New York State Thruway
3 Authority. All in favor say aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: George
8 Miranda is hereby confirmed as a member of the
9 New York State Thruway Authority.
10 The Secretary will continue.
11 THE SECRETARY: As a member of the
12 Board of Visitors of the New York State Home for
13 Veterans and Their Dependents at Oxford: Mary E.
14 Smallcomb, of Vestal.
15 ACTING PRESIDENT GRIFFO: Senator
16 Young.
17 SENATOR YOUNG: Thank you,
18 Mr. President.
19 Again, we have a volunteer who wants
20 to make a difference, and that's Mary E.
21 Smallcomb, of Vestal, New York. And I'm asking
22 the members to approve her nomination.
23 ACTING PRESIDENT GRIFFO: The
24 question is on the nomination of Mary E.
25 Smallcomb as a member of the Board of Visitors
5394
1 for the New York State Home for Veterans and
2 Their Dependents at Oxford. All in favor say
3 aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: Mary E.
8 Smallcomb has been confirmed as a member of the
9 Board of Visitors of the New York State Home for
10 Veterans and Their Dependents at Oxford.
11 Senator DeFrancisco, that completes
12 the reading of the Finance Committee report at
13 the desk.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: We're going
16 to have to stand at ease for a short time. We're
17 waiting for another calendar and two Rules
18 agendas. And we will stand at ease.
19 ACTING PRESIDENT GRIFFO: The
20 Senate will stand temporarily at ease.
21 (Whereupon, the Senate stood at ease
22 at 3:24 p.m.)
23 (Whereupon, the Senate reconvened at
24 3:30 p.m.)
25 ACTING PRESIDENT AKSHAR: Senator
5395
1 DeFrancisco.
2 SENATOR DeFRANCISCO: Yes, we're
3 still waiting for some additional bills.
4 So that being the case, the Labor
5 Committee is now over. And as soon as we get the
6 report of the Labor Committee, we'll ask it to be
7 read, and then I'm going to call immediately
8 thereafter, with the consent of Senator Young, a
9 Finance Committee meeting so they can deal with
10 the one nominee out of Labor.
11 And then we'll be coming back at
12 4 o'clock for another announcement and hopefully
13 some information about having new bills to deal
14 with.
15 ACTING PRESIDENT AKSHAR: Everybody
16 has Senator DeFrancisco's roadmap. We'll be back
17 here at 4 o'clock. The Senate will continue to
18 stand at ease.
19 SENATOR DeFRANCISCO: Okay. With
20 one -- one thing. If you're on the Finance
21 Committee, in technical terms, cool your heels,
22 because we're going to be calling that pretty
23 quickly, so we can do that in the interim.
24 ACTING PRESIDENT AKSHAR: If you're
25 a member of the Finance Committee, cool your
5396
1 heels and stay around. (Pause.)
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Yes, to make
4 this less confusing and people not having to
5 stick around here, we will be making another
6 announcement at 4 o'clock.
7 I didn't realize that there was
8 another individual, other than the person that
9 just went through Labor, that has to go through
10 Finance. So we'll call a Finance Committee
11 meeting or have some other instructions at
12 4:00 o'clock.
13 ACTING PRESIDENT GRIFFO: The
14 Senate will stand at ease until 4 p.m. If you're
15 interested in the announcement, be back here at
16 4 p.m.
17 (Laughter.)
18 (Whereupon, the Senate stood at ease
19 at 3:33 p.m.)
20 (Whereupon, the Senate reconvened at
21 4:15 p.m.)
22 ACTING PRESIDENT GRIFFO: Senator
23 DeFrancisco.
24 SENATOR DeFRANCISCO: Yes, we're
25 right on time at 4:15.
5397
1 (Laughter.)
2 SENATOR DeFRANCISCO: And I'd like
3 to call an immediate meeting of the Finance
4 Committee in Room 332.
5 ACTING PRESIDENT GRIFFO: There
6 will be an immediate meeting of the Finance
7 Committee in Room 332.
8 The Senate will stand at ease.
9 (Whereupon, the Senate stood at ease
10 at 4:15 p.m.)
11 (Whereupon, the Senate reconvened at
12 5:01 p.m.)
13 ACTING PRESIDENT GRIFFO: Senator
14 DeFrancisco.
15 SENATOR DeFRANCISCO: Can we return
16 to reports of standing committees.
17 ACTING PRESIDENT GRIFFO: We will
18 return to reports of standing committees.
19 SENATOR DeFRANCISCO: Is there a
20 Finance Committee report at the desk?
21 ACTING PRESIDENT GRIFFO: There is.
22 SENATOR DeFRANCISCO: Can we please
23 take that up.
24 ACTING PRESIDENT GRIFFO: The
25 Secretary will read.
5398
1 THE SECRETARY: Senator Young, from
2 the Committee on Finance, reports the following
3 nominations.
4 As a member of the Workers'
5 Compensation Board, Rory P. Whalen, of
6 Saratoga Springs.
7 ACTING PRESIDENT GRIFFO: Senator
8 Young.
9 SENATOR YOUNG: Thank you,
10 Mr. President.
11 I'm extraordinarily happy to rise to
12 nominate Rory P. Whalen as a member of the
13 Workers' Compensation Board.
14 Mr. Whelan has a distinguished
15 25-year career in government and in the private
16 sector, and those experiences will be very
17 valuable in his new position. He is somebody who
18 is well known to this body, having served on the
19 staff of the late New York State Senator Owen
20 Johnson for more than 20 years, one of my
21 predecessors as the chair of the Finance
22 Committee in the Senate.
23 He is somebody who also is very
24 community-minded and has done a lot of great
25 works.
5399
1 And so it is my strong
2 recommendation that we nominate and confirm Rory
3 P. Whelan in this new position. And I do commend
4 the Governor for this excellent choice.
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: I want to
8 rise to compliment the Governor on this
9 appointment. Rory is perfect for this job, and
10 let me explain why.
11 This is a Workers' Compensation
12 Board. He's a worker. And he appreciates the
13 compensation. And right now he's bored, so he
14 needs a good job in order to continue serving the
15 public.
16 (Laughter.)
17 SENATOR DeFRANCISCO: So
18 congratulations to the Governor, and
19 congratulations to Rory.
20 ACTING PRESIDENT GRIFFO: Senator
21 Gianaris.
22 SENATOR GIANARIS: Thank you,
23 Mr. President.
24 I just wanted to add my bipartisan
25 comments in support of Rory Whelan. I've known
5400
1 Rory for quite some time. Even though he's a
2 former Senate Republican staffer, he's still an
3 all-around good guy, and I'm happy to be
4 supporting his confirmation today.
5 Thank you.
6 ACTING PRESIDENT GRIFFO: Senator
7 Boyle.
8 SENATOR BOYLE: Thank you,
9 Mr. President.
10 I too would like to add my voice in
11 favor of Rory Whelan's nomination and commend the
12 Governor on a tremendous choice, and say that
13 I've known Rory for many years, from his days as
14 the chief of staff to my predecessor, Owen
15 Johnson, who today is looking down very proudly.
16 I vote aye for both myself and
17 Owen Johnson.
18 ACTING PRESIDENT GRIFFO: Senator
19 Marcellino.
20 SENATOR MARCELLINO: Yes, I'd like
21 to add my voice to my colleagues'.
22 I've known Rory for many years, when
23 he worked for Senator Johnson. He was good
24 people -- is good people, knows what goes on here
25 in the Senate, knows how the Senate operates,
5401
1 knows how government operates. We need more
2 people with that kind of skill in positions
3 throughout our government who really understand
4 the process and understand what we do here and
5 why we do certain things the way we do them.
6 So Rory, congratulations. God
7 bless. And make us all proud, please.
8 ACTING PRESIDENT GRIFFO: Senator
9 Marchione.
10 SENATOR MARCHIONE: Thank you,
11 Mr. President.
12 I'd like to add my support and my
13 voice to Rory as well.
14 As I said in Finance, Rory lives in
15 Saratoga Springs. And as good as he is here and
16 as good as he was working here and as good as he
17 was working in the commercial sector, he's a
18 great community person as well. He's going to
19 bring so much to the Workers' Compensation Board
20 in fairness. And it's just my pleasure to add my
21 support for Rory today.
22 Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Larkin.
25 SENATOR LARKIN: Thank you,
5402
1 Mr. President.
2 You know, just because he's got
3 white hair doesn't mean he's been around that
4 long. But if you think 20 some years here
5 working in the Senate, and if you look at what
6 his record showed, he started on the bottom, he
7 finished on the top. He was always known as the
8 man to go to to have something done.
9 He's honest, he's got integrity,
10 he's accountable, and he is responsible. And he
11 is a good pick for the Governor, for a change.
12 ACTING PRESIDENT GRIFFO: The
13 question is on the nomination of Rory P. Whelan
14 as a member of the Workers' Compensation Board.
15 All in favor say aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT GRIFFO: Opposed?
18 (No response.)
19 ACTING PRESIDENT GRIFFO: Rory
20 Whalen is hereby confirmed as a member of the
21 Workers' Compensation Board.
22 (Standing ovation.)
23 ACTING PRESIDENT GRIFFO: Rory,
24 congratulations and we extend our best wishes for
25 you.
5403
1 The Secretary will continue.
2 THE SECRETARY: As a member of the
3 State Commission of Correction, Sheriff Allen
4 Riley.
5 ACTING PRESIDENT GRIFFO: Senator
6 Young.
7 SENATOR YOUNG: Thank you,
8 Mr. President.
9 I rise to nominate Sheriff Allen
10 Riley as a member of the State Commission of
11 Correction.
12 And I just had the great opportunity
13 to meet Sheriff Riley just a few minutes ago, and
14 we talked to him in the Finance Committee. And
15 his background is quite impressive. He did go to
16 the New York State Police Academy with Senator
17 Gallivan, but I don't believe that we should hold
18 that against him.
19 (Laughter.)
20 SENATOR YOUNG: But he has an
21 impeccable resume, outstanding achievements, has
22 done many innovative things as sheriff,
23 especially in dealing with jail inmates. And I
24 believe that he can take those experiences and
25 that expertise and share it with other sheriffs
5404
1 around the state to show them best practices.
2 So my hat is off to you, and I wish
3 you well.
4 ACTING PRESIDENT GRIFFO: Senator
5 Valesky.
6 SENATOR VALESKY: Thank you,
7 Mr. President.
8 I'm extremely proud to be able to
9 rise today and second the nomination of sheriff
10 Al Riley as a member of the Commission of
11 Correction, and certainly first want to thank
12 Governor Cuomo for this appointment.
13 Al and I have known each other for
14 many, many years. He served with distinction as
15 a New York State trooper. He was elected in 2009
16 and reelected in 2013 as sheriff of Madison
17 County.
18 And I can certainly say that there's
19 no one in my home county of Madison who has the
20 level of integrity and who has the quality of
21 character that Al Riley has. He's truly beloved
22 in Madison County. He has done, as Senator Young
23 indicated, some very innovative things at the
24 jail in Madison County.
25 And I think the people of the State
5405
1 of New York will now benefit to a tremendous
2 degree from his knowledge and his experience in
3 some of the things that he has done back home in
4 Madison County.
5 So congratulations to you, Al, and
6 best wishes for continued success in the future.
7 ACTING PRESIDENT GRIFFO: Senator
8 Akshar.
9 SENATOR AKSHAR: Mr. President,
10 thank you.
11 I rise to support Sheriff Riley as
12 well. I've had the good fortune of knowing the
13 sheriff for many years in my previous life, of
14 course. Sheriff Riley, a public servant in the
15 truest sense. I thank you for that.
16 And I would like to describe the
17 sheriff as a cop's cop, very well respected by
18 both his men and the community.
19 You've served with honor and
20 integrity. I'm proud to stand here and support
21 you. And as Senator Larkin said about the
22 previous nominee, the Governor got this right.
23 And proud to support you, Sheriff.
24 ACTING PRESIDENT GRIFFO: The
25 question is on the nomination of Sheriff Allen
5406
1 Riley as a member of the State Commission on
2 Correction. All in favor say aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT GRIFFO: Opposed?
5 (No response.)
6 ACTING PRESIDENT GRIFFO: Sheriff
7 Allen Riley is hereby confirmed as a member of
8 the State Commission of Corrections.
9 Sheriff, congratulations. Thank you
10 for your service.
11 (Standing ovation.)
12 ACTING PRESIDENT GRIFFO: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: It's time for
15 a roadmap.
16 We're going to have a meeting of the
17 Rules Committee at 6:15. In the meantime -- and
18 then after that we'll have another active list
19 and the Rules bills to come on to take care of
20 right immediately after the Rules Committee.
21 And I believe Senator Gianaris has
22 an announcement.
23 ACTING PRESIDENT GRIFFO: Senator
24 Gianaris.
25 SENATOR GIANARIS: Thank you,
5407
1 Mr. President.
2 There will be a meeting of the
3 Democratic Conference in five minutes -- I'm
4 sorry, in 20 minutes, at 5:30, in the Democratic
5 Conference Room.
6 ACTING PRESIDENT GRIFFO: There
7 will be a meeting of the Democratic Conference at
8 5:30 in the Democratic Conference Room.
9 And Senator DeFrancisco, could you
10 share that with everyone again, where you want
11 them?
12 SENATOR DeFRANCISCO: At 6:15 in
13 Room 332, we'll have a Rules Committee meeting.
14 After that, we'll come back to session, take up
15 another active list off of the calendar, as well
16 as those bills that we deal with in Rules.
17 ACTING PRESIDENT GRIFFO: So there
18 will be a meeting of the Rules Committee in
19 Room 332 promptly at 6:15.
20 SENATOR DeFRANCISCO: Very
21 promptly.
22 ACTING PRESIDENT GRIFFO: The
23 Senate stands at ease.
24 (Whereupon, the Senate stood at ease
25 at 5:11 p.m.)
5408
1 (Whereupon, the Senate reconvened at
2 6:55 p.m.)
3 ACTING PRESIDENT GRIFFO: The
4 Senate will come to order.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Can we go
7 back to reports and -- whatever it's called. Is
8 there a report of the Rules Committee at the
9 desk?
10 ACTING PRESIDENT GRIFFO: We will
11 go back to reports of standing committees.
12 There is a report of the
13 Rules Committee at the desk, and the Secretary
14 will read.
15 THE SECRETARY: Senator Flanagan,
16 from the Committee on Rules, reports the
17 following bills:
18 Senate Print 113, by Senator
19 Hoylman, an act to amend the Penal Law;
20 Senate 130B, by Senator Squadron, an
21 act to amend the Public Authorities Law;
22 Senate 818, by Senator Funke, an act
23 to amend the Environmental Conservation Law;
24 Senate 838A, by Senator Funke, an
25 act to amend the Tax Law;
5409
1 Senate 1126A, by Senator Akshar, an
2 act to amend the Executive Law;
3 Senate 1901A, by Senator Comrie, an
4 act to amend the Mental Hygiene Law;
5 Senate 2231A, by Senator LaValle, an
6 act to amend the Education Law;
7 Senate 3067, by Senator Addabbo, an
8 act in relation to establishing;
9 Senate 4623, by Senator Ranzenhofer,
10 an act to amend the Tax Law;
11 Senate 4725, by Senator Seward, an
12 act to amend the Workers' Compensation Law;
13 Senate 4729A, by Senator Larkin, an
14 act to amend the Education Law;
15 Senate 4788A, by Senator Hannon, an
16 act to amend the Education Law;
17 Senate 4929, by Senator Díaz, an act
18 to amend the Executive Law;
19 Senate 4965, by Senator Díaz, an act
20 to amend the Penal Law;
21 Senate 4999D, by Senator Alcantara,
22 an act to amend the Tax Law;
23 Senate 5182, by Senator Ranzenhofer,
24 an act to amend the Education Law;
25 Senate 5422A, by Senator Boyle, an
5410
1 act to amend the Environmental Conservation Law;
2 Senate 5442A, by Senator
3 Ranzenhofer, an act to amend the Public Service
4 Law;
5 Senate 5744B, by Senator Marcellino,
6 an act to amend the General Municipal Law;
7 Senate 5937, by Senator Jacobs, an
8 act to direct;
9 Senate 5987, by Senator Gallivan, an
10 act authorizing;
11 Senate 6019C, by Senator Kaminsky,
12 an act authorizing;
13 Senate 6026A, by Senator Helming, an
14 act to amend the Education Law;
15 Senate 6154, by Senator Ortt, an act
16 to amend the Mental Hygiene Law;
17 Senate 6364, by Senator Hannon, an
18 act to amend the Public Health Law;
19 Senate 6398A, by Senator Golden, an
20 act to amend the General Municipal Law;
21 Senate 6400A, by Senator
22 Stewart-Cousins, an act to amend the Education
23 Law;
24 Senate 6414, by Senator Little, an
25 act to amend the Private Housing Finance Law;
5411
1 Senate 6594, by Senator Lanza, an
2 act to amend the Retirement and Social Security
3 Law;
4 Senate 6636, by Senator Golden, an
5 act to amend the Real Property Law;
6 Senate 6639A, by Senator Robach, an
7 act to amend the State Finance Law;
8 Senate 6652A, by Senator Golden, an
9 act to amend the Not-For-Profit Corporation Law;
10 Senate 6657, by Senator Murphy, an
11 act to authorize;
12 Senate 6670, by Senator
13 Stewart-Cousins, an act to amend Chapter 308 of
14 the Laws of 1912;
15 Senate 6683, by Senator Golden, an
16 act to amend the Retirement and Social Security
17 Law;
18 Senate 6714, by Senator LaValle, an
19 act to amend the Public Service Law;
20 Senate 6715, by Senator Marcellino,
21 an act to require;
22 Senate 6721, by Senator Serrano, an
23 act in relation to authorizing;
24 Senate 6746, by Senator Helming, an
25 act to amend the Vehicle and Traffic Law;
5412
1 Senate 6750, by Senator Hannon, an
2 act to amend the Public Health Law;
3 Senate 6752, by Senator Ritchie, an
4 act to amend the Village Law;
5 Senate 6770, by Senator O'Mara, an
6 act to establish;
7 Senate 6774, by Senator LaValle, an
8 act to amend Chapter 387 of the Laws of 2013;
9 Senate 6777, by Senator Amedore, an
10 act to amend the Labor Law;
11 Senate 6778, by Senator Klein, an
12 act to amend the Education Law;
13 Senate 6787, by Senator O'Mara, an
14 act to amend the Agriculture and Markets Law;
15 Senate 6788, by the Senate Committee
16 on Rules, an act to amend the Public Authorities
17 Law;
18 Senate 6790, by Senator Murphy, an
19 act to amend the Labor Law;
20 Senate 6793, by Senator Golden, an
21 act to amend the Tax Law;
22 Senate 6794, by Senator Bailey, an
23 act to amend the Education Law;
24 Senate 6798, by Senator Felder, an
25 act to amend the Administrative Code of the City
5413
1 of New York;
2 Senate 6818, by Senator Amedore, an
3 act to amend the Civil Service Law; and
4 Senate 6819, by Senator Hannon, an
5 act to provide.
6 All bills reported direct to third
7 reading.
8 ACTING PRESIDENT GRIFFO: Senator
9 DeFrancisco, I'll entertain a motion to accept.
10 SENATOR DeFRANCISCO: Yes, I'd move
11 to accept the report of the Rules Committee.
12 ACTING PRESIDENT GRIFFO: All in
13 favor of accepting the Committee on Rules report
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GRIFFO: Opposed?
17 (No response.)
18 ACTING PRESIDENT GRIFFO: The
19 Rules Committee report is accepted and before the
20 house.
21 SENATOR DeFRANCISCO: We now have
22 those bills on Senate Supplemental Calendar 59B,
23 and I'd request the noncontroversial reading of
24 that calendar.
25 ACTING PRESIDENT GRIFFO: I will
5414
1 begin that. What I would request first is we
2 have to do some substita -- substit --
3 substitutions from the Assembly.
4 (Laughter.)
5 SENATOR DeFRANCISCO: Okay, could
6 we please do some substitations.
7 (Laughter.)
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 I've been around Mr. Golden too
11 long.
12 THE SECRETARY: Senator Squadron
13 moves to discharge, from the Committee on Rules,
14 Assembly Bill Number 4002A and substitute it for
15 the identical Senate Bill 130B, Third Reading
16 Calendar 2150.
17 Senator Seward moves to discharge,
18 from the Committee on Rules, Assembly Bill Number
19 7865 and substitute it for the identical Senate
20 Bill 4725, Third Reading Calendar 2159.
21 Senator Larkin moves to discharge,
22 from the Committee on Rules, Assembly Bill Number
23 1595A and substitute it for the identical Senate
24 Bill 4729A, Third Reading Calendar 2160.
25 Senator Hannon moves to discharge,
5415
1 from the Committee on Rules, Assembly Bill Number
2 7509A and substitute it for the identical Senate
3 Bill 4788A, Third Reading Calendar 2161.
4 Senator Ranzenhofer moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 6826A and substitute it for
7 the identical Senate Bill 5442A, Third Reading
8 Calendar 2166.
9 Senator Gallivan moves to discharge,
10 from the Committee on Rules, Assembly Bill Number
11 7687 and substitute it for the identical Senate
12 Bill 5987, Third Reading Calendar 2169.
13 Senator Helming moves to discharge,
14 from the Committee on Rules, Assembly Bill Number
15 7895A and substitute it for the identical Senate
16 Bill 6026A, Third Reading Calendar 2171.
17 Senator Ortt moves to discharge,
18 from the Committee on Rules, Assembly Bill Number
19 7604 and substitute it for the identical Senate
20 Bill 6154, Third Reading Calendar 2172.
21 Senator Hannon moves to discharge,
22 from the Committee on Rules, Assembly Bill Number
23 7775A and substitute it for the identical Senate
24 Bill 6364, Third Reading Calendar 2173.
25 Senator Golden moves to discharge,
5416
1 from the Committee on Rules, Assembly Bill Number
2 7901A and substitute it for the identical Senate
3 Bill 6398A, Third Reading Calendar 2174.
4 Senator Stewart-Cousins moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 7788A and substitute it for
7 the identical Senate Bill 6400A, Third Reading
8 Calendar 2175.
9 Senator Little moves to discharge,
10 from the Committee on Rules, Assembly Bill Number
11 8259 and substitute it for the identical Senate
12 Bill 6414, Third Reading Calendar 2176.
13 Senator Lanza moves to discharge,
14 from the Committee on Rules, Assembly Bill Number
15 7642 and substitute it for the identical Senate
16 Bill 6594, Third Reading Calendar 2177.
17 Senator Robach moves to discharge,
18 from the Committee on Rules, Assembly Bill Number
19 8427A and substitute it for the identical Senate
20 Bill 6639A, Third Reading Calendar 2179.
21 Senator Golden moves to discharge,
22 from the Committee on Rules, Assembly Bill Number
23 8261A and substitute it for the identical Senate
24 Bill 6652A, Third Reading Calendar 2180.
25 Senator LaValle moves to discharge,
5417
1 from the Committee on Rules, Assembly Bill Number
2 7051 and substitute it for the identical Senate
3 Bill 6714, Third Reading Calendar 2185.
4 Senator Serrano moves to discharge,
5 from the Committee on Rules, Assembly Bill Number
6 8419 and substitute it for the identical Senate
7 Bill 6721, Third Reading Calendar 2187.
8 Senator Ritchie moves to discharge,
9 from the Committee on Rules, Assembly Bill Number
10 8488 and substitute it for the identical Senate
11 Bill 6752, Third Reading Calendar 2190.
12 Senator LaValle moves to discharge,
13 from the Committee on Rules, Assembly Bill Number
14 8486 and substitute it for the identical Senate
15 Bill 6774, Third Reading Calendar 2192.
16 And Senator O'Mara moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 8509 and substitute it for
19 the identical Senate Bill 6787, Third Reading
20 Calendar 2195.
21 ACTING PRESIDENT GRIFFO: The
22 substitutions are all so ordered.
23 And the Secretary will begin the
24 reading, noncontroversial, of Senate Supplemental
25 Calendar 59B.
5418
1 THE SECRETARY: Calendar Number
2 2149, by Senator Hoylman, Senate Print 113, an
3 act to amend the Penal Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the first of November.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 2150, substituted earlier by Member of the
16 Assembly Glick, Assembly Print 4002A, an act to
17 amend the Public Authorities 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: Senator
5419
1 Squadron to explain his vote.
2 SENATOR SQUADRON: Thank you,
3 Mr. President.
4 As we discussed last night on the
5 floor, the Battery Park City Authority is a local
6 governance authority with over 13,000 residents
7 in its area, and yet it has, as of last night,
8 zero residents on its seven-member board.
9 This bill would ensure that, moving
10 forward, the next two appointments to the Battery
11 Park City Authority, and from thenceforth a
12 minimum of two, would be residents of Battery
13 Park City.
14 It is a step towards a simple value
15 that there should be a local voice in local
16 governance. I thank this house for supporting
17 it. I thank Senator Ranzenhofer for working with
18 me to get this first step made, as well as
19 Assemblymembers Glick and Niou.
20 Once this bill is passed, I urge the
21 Governor to sign it, because I think we all know
22 that even with seven appointments, the Governor
23 can certainly find, among the 13,000-plus
24 residents of Battery Park City -- many of whom
25 are extraordinarily talented, I can tell you for
5420
1 sure -- two suited to serve on the board.
2 I vote aye, Mr. President, and thank
3 the house for passing the bill.
4 ACTING PRESIDENT GRIFFO: Senator
5 Squadron to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 2151, by Senator Funke, Senate Print 818, an act
12 to amend the Environmental Conservation 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: In relation to
21 Calendar 2151, those recorded in the negative are
22 Senators Comrie, Hoylman and Serrano. Also
23 Senator Krueger.
24 Ayes, 58. Nays, 4.
25 ACTING PRESIDENT GRIFFO: The bill
5421
1 passes.
2 THE SECRETARY: Calendar Number
3 2152, by Senator Funke, Senate Print 838A, an act
4 to amend the Tax Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 7. This
8 act shall take effect on the first day of the
9 sales tax quarterly period.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT GRIFFO: The bill
15 passes.
16 THE SECRETARY: Calendar Number
17 2153, by Senator Akshar, Senate Print 1126A, an
18 act to amend the Executive 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.)
5422
1 ACTING PRESIDENT GRIFFO: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 2153, those recorded in the negative are
5 Senators Addabbo, Alcantara, Avella, Bailey,
6 Benjamin, Breslin, Brooks, Carlucci, Comrie,
7 Dilan, Gianaris, Hamilton, Hoylman, Kaminsky,
8 Kennedy, Krueger, Montgomery, Peralta, Persaud,
9 Savino, Serrano, Squadron, Stavisky and
10 Stewart-Cousins. Also Senator Parker.
11 Ayes, 37. Nays, 25.
12 ACTING PRESIDENT GRIFFO: The bill
13 passes.
14 THE SECRETARY: Calendar Number
15 2154, by Senator Comrie, Senate Print 1901A, an
16 act to amend the Mental Hygiene 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, 62.
25 ACTING PRESIDENT GRIFFO: The bill
5423
1 passes.
2 THE SECRETARY: Calendar Number
3 2155, by Senator LaValle, Senate Print 2231A, an
4 act to amend the Education Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 17. This
8 act shall take effect one year after it shall
9 have become a law.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 61. Nays, 1.
14 Senator Murphy recorded in the negative.
15 ACTING PRESIDENT GRIFFO: The bill
16 passes.
17 THE SECRETARY: Calendar Number
18 2156, by Senator Addabbo, Senate Print 3067, an
19 act in relation to establishing.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 6. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
5424
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 passes.
5 THE SECRETARY: Calendar Number
6 2157, by Senator Alcantara, Senate Print 4999D,
7 an act to amend the Tax Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 5. 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: Senator
16 Alcantara to explain her vote.
17 SENATOR ALCANTARA: Thank you,
18 Mr. President.
19 This bill is very important. It
20 would bring much needed diversity to the film and
21 television industry. It would give a tax credit
22 to companies in television and in the movies
23 industry that will give opportunities to writers
24 of color, in a state where over 40 percent of the
25 population is made up of immigrants,
5425
1 African-Americans, African-Caribbean and people
2 of color.
3 This would be a wonderful
4 opportunity for people such as my son to see
5 themselves reflected in the story lines that are
6 told. And I think this is a great opportunity
7 for all of us, for my colleagues to talk about
8 America and how beautiful America is to allow
9 people of color and children of color to see
10 themselves reflected in the TV industry.
11 And I will be voting yes. Thank
12 you.
13 ACTING PRESIDENT GRIFFO: Senator
14 Alcantara to be recorded in the affirmative.
15 THE SECRETARY: In relation to
16 Calendar 2157, those recorded in the negative are
17 Senators Akshar, Amedore, Bonacic, Boyle, Croci,
18 DeFrancisco, Funke, Gallivan, Griffo, Helming,
19 Jacobs, LaValle, Little, Marcellino, Marchione,
20 Murphy, O'Mara, Ortt, Phillips, Ranzenhofer,
21 Ritchie, Serino, Seward and Tedisco.
22 Ayes, 38. Nays, 24.
23 ACTING PRESIDENT GRIFFO: The bill
24 passes.
25 THE SECRETARY: Calendar Number
5426
1 2158, by Senator Ranzenhofer, Senate Print 4623,
2 an act to amend the Tax Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 6. 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.
11 ACTING PRESIDENT GRIFFO: The bill
12 passes.
13 The Secretary will continue.
14 THE SECRETARY: Calendar Number
15 2159, substituted earlier by Member of the
16 Assembly Simon, Assembly Print 7865, an act to
17 amend the Workers' Compensation 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, 61. Nays, 1.
5427
1 Senator Funke recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 2160, substituted earlier by Member of the
6 Assembly Skoufis, Assembly Print 1595A, an act to
7 amend the Education Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 3. 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 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT GRIFFO: The bill
17 passes.
18 THE SECRETARY: Calendar Number
19 2161, substituted earlier by Member of the
20 Assembly Gottfried, Assembly Print 7509A, an act
21 to amend the Education Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5428
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT GRIFFO: The bill
6 passes.
7 THE SECRETARY: Calendar Number
8 2162, by Senator Díaz, Senate Print 4929, an act
9 to amend the Executive Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 90th day.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61. Nays, 1.
18 Senator LaValle recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 passes.
21 THE SECRETARY: Calendar Number
22 2163, by Senator Díaz, Senate Print 4965, an act
23 to amend the Penal Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
5429
1 THE SECRETARY: Section 3. This
2 act shall take effect on the first of November.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60. Nays, 2.
7 Senators Montgomery and Parker recorded in the
8 negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Calendar Number
12 2164, by Senator Ranzenhofer, Senate Print 5182,
13 an act to amend the Education 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 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT GRIFFO: The bill
23 passes.
24 THE SECRETARY: Calendar Number
25 2165, by Senator Boyle, Senate Print 5422A, an
5430
1 act to amend the Environmental Conservation Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GRIFFO: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 2165, those recorded in the negative are
13 Senators Akshar, Bonacic, Funke, Helming, Jacobs,
14 Kennedy, Little, Marchione, Ortt, Parker,
15 Ranzenhofer, Robach, Serrano and Seward. Also
16 Senator Gallivan. Also Senator Tedisco. Also
17 Senator Griffo. Also Senator Young. Also
18 Senator Serino.
19 Ayes, 43. Nays, 19.
20 ACTING PRESIDENT GRIFFO: The bill
21 passes.
22 THE SECRETARY: Calendar Number
23 2166, substituted earlier by Member of the
24 Assembly Dinowitz, Assembly Print 6826A, an act
25 to amend the Public Service Law.
5431
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, 62.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Calendar Number
12 2167, by Senator Marcellino, Senate Print 5744B,
13 an act to amend the General Municipal Law.
14 ACTING PRESIDENT GRIFFO: There is
15 a home-rule message at the desk.
16 The Secretary will read the last
17 section.
18 THE SECRETARY: Section 5. 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, 62.
24 ACTING PRESIDENT GRIFFO: The bill
25 passes.
5432
1 THE SECRETARY: Calendar Number
2 2168, by Senator Jacobs, Senate Print 5937, an
3 act to direct.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect one year after it shall
8 have become a law.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT GRIFFO: The bill
14 passes.
15 THE SECRETARY: Calendar Number
16 2169, substituted earlier by Member of the
17 Assembly Weprin, Assembly Print 7687, an act
18 authorizing.
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.)
5433
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT GRIFFO: The bill
3 passes.
4 THE SECRETARY: Calendar Number
5 2170, by Senator Kaminsky, Senate Print 6019C, an
6 act authorizing.
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: In relation to
15 Calendar Number 2170, those recorded in the
16 negative are Senators Akshar, Bonacic and O'Mara.
17 Ayes, 59. Nays, 3.
18 ACTING PRESIDENT GRIFFO: The bill
19 passes.
20 THE SECRETARY: Calendar Number
21 2171, substituted earlier by Member of the
22 Assembly Stirpe, Assembly Print 7895A, an act to
23 amend the Education Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
5434
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, 60. Nays, 2.
7 Senators DeFrancisco and Serino recorded in the
8 negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Calendar Number
12 2172, substituted earlier by Member of the
13 Assembly Gunther, Assembly Print 7604, an act to
14 amend the Mental Hygiene 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, 62.
23 ACTING PRESIDENT GRIFFO: The bill
24 passes.
25 THE SECRETARY: Calendar Number
5435
1 2173, substituted earlier by Member of the
2 Assembly Gottfried, Assembly Print 7775A, an act
3 to amend the Public Health 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.
12 ACTING PRESIDENT GRIFFO: The bill
13 passes.
14 THE SECRETARY: Calendar Number
15 2174, substituted earlier by Member of the
16 Assembly Abbate, Assembly Print 7901A, an act to
17 amend the General Municipal 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: The
23 Secretary will call the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT GRIFFO: Senator
5436
1 Kaminsky to explain his vote.
2 SENATOR KAMINSKY: My fellow
3 colleagues, this is a very important moment.
4 Many police officers who worked for
5 the New York City Police Department and other
6 first responders on the days after 9/11, and at
7 the moment, responded to the pile. Many now find
8 themselves coming down with cancer, all types of
9 very tough cancers. Many have sat in my office
10 and discussed their most recent surgeries.
11 Because they no longer work for the
12 NYPD, they are not allowed unlimited sick time,
13 what's called line of duty. And they can't get
14 line of duty in their current job, because they
15 weren't injured in their current job. So they're
16 burning through their sick days.
17 These are police officers who want
18 to serve. One told me if there's another attack,
19 he wants to be there. And yet, because of this
20 loophole, they are not protected.
21 Today we're offering them that
22 protection. And we're doing that because
23 Senator Marty Golden is a champion for them and
24 went the whole way across the field and over the
25 finish line for them today.
5437
1 We will look at police officers on
2 Long Island, in Westchester, state troopers
3 throughout the state, who now know that their
4 state cares for them and will take care of them
5 so they don't have to use their own sick days.
6 This is a very, very important
7 moment, and we're doing the right thing for the
8 courageous men and women who were there for us.
9 I want to thank Senator Andrea
10 Stewart-Cousins, Senator Klein, and the Majority
11 Leader for their work on this.
12 But Senator Golden, you made this
13 happen. You were there for the men who were
14 there for us. And I cannot tell you how
15 appreciative I am and they are, and thank you.
16 I vote in the affirmative.
17 ACTING PRESIDENT GRIFFO: Senator
18 Kaminsky be recorded in the affirmative.
19 Senator Golden to explain his vote.
20 SENATOR GOLDEN: Thank you,
21 Mr. President.
22 Thank you, Senator Kaminsky. But
23 I'm not the one that's due the greatness of this
24 bill.
25 The greatness of this bill is this
5438
1 conference. They were the ones that did the
2 Zadroga Act way back when for 9/11. They were
3 the ones that recognized that our men and women
4 needed help.
5 The federal government followed
6 suit, and we have the Zadroga Act today at the
7 federal level that helps all our men and women
8 that died on that terrible, terrible day and that
9 are still dying to this very day.
10 So the credit goes to everybody in
11 this conference, on both sides of this aisle.
12 And in the Assembly, and the Governors that have
13 since been in charge of this great, great state,
14 including the present one, Governor Cuomo. He
15 will sign this bill, because these men and women
16 deserve this.
17 It's a sad day, that 9/11. We'll
18 never forget it. And each of us is still going
19 to the wakes and funerals of those that are
20 dying. So whatever we could do for the men and
21 women that paid the ultimate price, the
22 sacrifice, not knowing that day, going to work.
23 All I would like to say is I hope their souls and
24 their families -- their souls are in heaven and
25 that their families somehow know that they're
5439
1 safe in heaven with God.
2 So I thank you, Mr. President. I
3 vote aye. This is a great, great bill. I want
4 to thank this conference again and thank all of
5 the members of the Senate, the Assembly, and the
6 Governor for their work towards taking care of
7 our men and women in blue and our firemen and our
8 workers that were on that pile that day.
9 Thank you.
10 ACTING PRESIDENT GRIFFO: Senator
11 Golden to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT GRIFFO: The bill
15 passes.
16 THE SECRETARY: Calendar Number
17 2175, substituted earlier by Member of the
18 Assembly Mayer, Assembly Print 7788A, an act to
19 amend the Education 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.
5440
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 passes.
5 THE SECRETARY: Calendar Number
6 2176, substituted earlier by Member of the
7 Assembly De La Rosa, Assembly Print 8259, an act
8 to amend the Private Housing Finance 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, 62.
17 ACTING PRESIDENT GRIFFO: The bill
18 passes.
19 THE SECRETARY: Calendar Number
20 2177, substituted earlier by Member of the
21 Assembly Abbate, Assembly Print 7642, an act to
22 amend the Retirement and Social Security Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
5441
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT GRIFFO: The bill
7 passes.
8 THE SECRETARY: Calendar Number
9 2178, by Senator Golden, Senate Print 6636, an
10 act to amend the Real Property 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 ACTING PRESIDENT GRIFFO: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 2178, those recorded in the negative are
22 Senators Akshar, Bonacic, Boyle, Griffo, Little,
23 O'Mara, Ortt, Ranzenhofer, Seward and Tedisco.
24 Also Senators Funke, Hannon and Helming. Also
25 Senator Marchione. Also Senator Jacobs.
5442
1 Ayes, 47. Nays, 15.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 2179, substituted earlier by Member of the
6 Assembly Morelle, Assembly Print 8427A, an act to
7 amend the State Finance Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect April 1, 2018.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT GRIFFO: Senator
16 Robach to explain his vote.
17 SENATOR ROBACH: Yes,
18 Mr. President, very quickly.
19 Let me thank all my colleagues who
20 helped work, amend, get this bill to fruition.
21 I'm glad we're seizing this opportunity today to
22 really not only create great capital projects,
23 infrastructure, but now make sure that the iron,
24 steel and other big ticket items are now going to
25 be made, and double the benefit, by American
5443
1 working men and women.
2 I think this is a very important
3 bill. Many times in this chamber we talk about
4 jobs and the economy and what we can do. This is
5 one where, again, we're taking taxpayer dollars
6 for public use and making sure the materials that
7 go into it are going to be American. This is a
8 good day for working men and women, and I thank
9 all my colleagues for their support.
10 Thank you, Mr. President.
11 ACTING PRESIDENT GRIFFO: Senator
12 Robach to be recorded in the affirmative.
13 Senator Savino to explain her vote.
14 SENATOR SAVINO: Thank you,
15 Mr. President.
16 I also want to thank Senator Robach
17 and all of our colleagues for helping bring the
18 Buy American to the floor here tonight -- and, of
19 course, everyone involved at the AFL-CIO.
20 You know, we all want to see good
21 American jobs and we want to see good American
22 steel products. I just want to make the point.
23 A few years ago the State of New York, or
24 actually the MTA decided that it was time to
25 redeck the Verrazano Bridge, a bridge that's
5444
1 certainly near and dear to my hart. And they
2 entered into a bid to purchase steel. They wound
3 up purchasing Chinese steel. They spent a
4 fortune on that Chinese steel. That steel
5 buckled, and they had to replace it.
6 Had they purchased good solid
7 American steel, they would have saved the
8 taxpayers a whole boatload of money.
9 And so what we're doing here today
10 is not just about good jobs -- and that's a good
11 thing -- it's also about a superior product.
12 Nobody makes better steel than Americans. So I'm
13 all in favor of Buy American.
14 Thank you, Senator Robach. Thank
15 you to everyone here tonight.
16 ACTING PRESIDENT GRIFFO: Senator
17 Savino in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT GRIFFO: The bill
21 passes.
22 THE SECRETARY: Calendar Number
23 2180, substituted earlier by Member of the
24 Assembly Cymbrowitz, Assembly Print 8261A, an act
25 to amend the Not-For-Profit Corporation Law.
5445
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect the first of January.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Calendar Number
12 2181, by Senator Murphy, Senate Print 6657, an
13 act to authorize.
14 ACTING PRESIDENT GRIFFO: There is
15 a home-rule message at the desk.
16 The Secretary will read the last
17 section.
18 THE SECRETARY: Section 5. 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, 62.
24 ACTING PRESIDENT GRIFFO: The bill
25 passes.
5446
1 THE SECRETARY: Calendar Number
2 2183, by Senator Stewart-Cousins, Senate Print
3 6670, an act to amend Chapter 308 of the Laws of
4 1912.
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 ACTING PRESIDENT GRIFFO: Senator
13 Bonacic to explain his vote.
14 SENATOR BONACIC: Thank you,
15 Mr. President.
16 I was concerned about this because I
17 thought FASNY was against this legislation. I've
18 been told that they have rescinded that memo and
19 they are now in favor of this legislation.
20 I vote yes. Thank you,
21 Mr. President.
22 ACTING PRESIDENT GRIFFO: Can I
23 have a recalculation of those opposed to put
24 their hands up. Those in the negative, raise
25 your hands.
5447
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT GRIFFO: The bill
3 passes.
4 THE SECRETARY: Calendar Number
5 2184, by Senator Golden, Senate Print 6683, an
6 act to amend the Retirement and Social Security
7 Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 4. 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, 62.
16 ACTING PRESIDENT GRIFFO: The bill
17 passes.
18 THE SECRETARY: Calendar Number
19 2185, substituted earlier by Member of the
20 Assembly Thiele, Assembly Print 7051, an act to
21 amend the Public Service Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5448
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT GRIFFO: The bill
6 passes.
7 THE SECRETARY: Calendar Number
8 2186, by Senator Marcellino, Senate Print 6715,
9 an act to require.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 30th day.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61. Nays, 1.
18 Senator Hoylman recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 passes.
21 THE SECRETARY: Calendar Number
22 2187, substituted earlier by Member of the
23 Assembly Benedetto, Assembly Print 8419, an act
24 in relation to authorizing.
25 ACTING PRESIDENT GRIFFO: There is
5449
1 a home-rule message at the desk.
2 The Secretary will read the last
3 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, 61. Nays, 1.
10 Senator Krueger recorded in the negative.
11 ACTING PRESIDENT GRIFFO: The bill
12 passes.
13 THE SECRETARY: Calendar Number
14 2188, by Senator Helming, Senate Print 6746, an
15 act to amend the Vehicle and Traffic Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 90th day.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61. Nays, 1.
24 Senator Hoylman recorded in the negative.
25 ACTING PRESIDENT GRIFFO: The bill
5450
1 passes.
2 THE SECRETARY: Calendar Number
3 2189, by Senator Hannon, Senate Print 6750, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect six months after it shall
9 have become a law.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT GRIFFO: The bill
15 passes.
16 THE SECRETARY: Calendar Number
17 2190, substituted earlier by Member of the
18 Assembly Barclay, Assembly Print 8488, an act to
19 amend the Village 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.
5451
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 passes.
5 THE SECRETARY: Calendar Number
6 2191, by Senator O'Mara, Senate Print 6770, an
7 act to establish.
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, 62.
16 ACTING PRESIDENT GRIFFO: The bill
17 passes.
18 THE SECRETARY: Calendar Number
19 2192, substituted earlier by Member of the
20 Assembly Thiele, Assembly Print 8486, an act to
21 amend Chapter 387 of the Laws of 2013.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5452
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT GRIFFO: The bill
6 passes.
7 THE SECRETARY: Calendar Number
8 2193, by Senator Amedore, Senate Print 6777, an
9 act to amend the Labor 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, 62.
18 ACTING PRESIDENT GRIFFO: The bill
19 passes.
20 THE SECRETARY: Calendar Number
21 2194, by Senator Klein, Senate Print 6778, an act
22 to amend the Education Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
5453
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT GRIFFO: The bill
7 passes.
8 THE SECRETARY: Calendar Number
9 2195, substituted earlier by Member of the
10 Assembly Lupardo, Assembly Print 8509, an act to
11 amend the Agriculture and Markets 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, 62.
20 ACTING PRESIDENT GRIFFO: The bill
21 passes.
22 THE SECRETARY: Calendar Number
23 2196, by the Senate Committee on Rules,
24 Senate Print 6788, an act to amend the Public
25 Authorities Law.
5454
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 Squadron to explain his vote.
10 SENATOR SQUADRON: I would simply
11 point out that Nassau County has a number of
12 Senators, none of whom are sponsoring this bill.
13 They should be. Senator Rules should not be
14 passing bills even at this late date.
15 I'll vote aye. Thank you,
16 Mr. President.
17 ACTING PRESIDENT GRIFFO: Senator
18 Squadron in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Senator Murphy
24 moves to discharge, from the Committee on Rules,
25 Assembly Bill Number 8514 and substitute it for
5455
1 the identical Senate Bill 6790, Third Reading
2 Calendar 2197.
3 ACTING PRESIDENT GRIFFO: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2197, by Member of the Assembly Bronson,
8 Assembly Print 8514, an act to amend the Labor
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, 62.
18 ACTING PRESIDENT GRIFFO: The bill
19 passes.
20 THE SECRETARY: Calendar Number
21 2198, by Senator Golden, Senate Print 6793, an
22 act to amend the Tax Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
5456
1 act shall take effect September 1, 2017.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT GRIFFO: The bill
7 passes.
8 THE SECRETARY: Calendar Number
9 2199, by Senator Bailey, Senate Print 6794, 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 immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Bailey to explain his vote.
20 SENATOR BAILEY: Thank you,
21 Mr. President.
22 In a moment of levity, the two best
23 things I got out of law school was meeting my
24 wife, Giamara, and the second thing was learning
25 about worker cooperatives, something I've been
5457
1 passionate about, worker cooperatives and
2 employee-owned businesses, since I was in law
3 school in 2009.
4 And I really believe that the
5 state -- and I thank my colleagues for voting for
6 this piece of legislation, that it really and
7 truly is a way of positive economic development
8 no matter what side of the aisle you stand on.
9 Employee-owned businesses have
10 traditionally shown that they have better wages,
11 better governance, and happier employees. So at
12 the end of the day, a dollar in your pocket, it
13 is not a Republican or a Democratic dollar. A
14 job in the community is not a Democratic job or a
15 Republican job.
16 At the end of the day, we need to be
17 making sure that we are creating ecosystems of
18 economic development, and I believe that worker
19 cooperatives and employee-owned businesses are a
20 step in the right direction.
21 We should be modeling ourselves
22 after the Dudley Street Initiative in Boston,
23 Massachusetts, and the cooperative community of
24 Mondragon in Spain -- which if you ever get a
25 chance to study it, Mr. President, it's an
5458
1 amazing cooperative community with not just
2 employee-owned businesses but cooperative
3 housing, cooperative banks. It's an entire
4 ecosystem. It's something that I hope that this
5 state truly takes a look at.
6 And we're taking the proper step
7 forward, and I thank my colleagues for voting for
8 this important piece of legislation.
9 ACTING PRESIDENT GRIFFO: Senator
10 Bailey in the affirmative.
11 Announce the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT GRIFFO: The bill
14 passes.
15 THE SECRETARY: Calendar Number
16 2200, by Senator Felder, Senate Print 6798, an
17 act to amend the Administrative Code of the City
18 of New York.
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.)
5459
1 ACTING PRESIDENT GRIFFO: Senator
2 Krueger to explain her vote.
3 SENATOR KRUEGER: Thank you,
4 Mr. President.
5 So this would require the City of
6 New York to put a police officer in every school,
7 public and private. We're not exactly sure how
8 many that is, but it's certainly close to the
9 2,000 mark.
10 This doesn't increase funds for
11 New York City to hire 2,000 more police officers,
12 so we would have to take them off the assignments
13 they are doing now, which is of great concern to
14 many of us.
15 Further, many of us, and the parents
16 of children, don't wish to have police officers
17 with guns in their schools. In fact, the school
18 safety officer model, which does not involve
19 having police officers with guns in most schools
20 in New York City, has been working quite well.
21 So overall, I think we are concerned
22 about changing the culture of schools if we put
23 police officers and guns in each and every one of
24 them, taking police off of the beat they are on
25 to meet the requirement without any additional
5460
1 money for additional police. And so I appreciate
2 the sponsor's effort, but we feel quite strongly
3 this would not be in the best interests of the
4 schoolchildren, the police, or the communities of
5 New York City.
6 I vote no. Thank you,
7 Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Krueger in the negative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 2200, those recorded in the negative are
13 Senators Benjamin, Breslin, Dilan, Gianaris,
14 Hoylman, Krueger, Montgomery, Persaud, Rivera and
15 Squadron. Also Senator Ranzenhofer.
16 Ayes, 51. Nays, 11.
17 ACTING PRESIDENT GRIFFO: The bill
18 passes.
19 THE SECRETARY: Calendar Number
20 2201, by Senator Amedore, Senate Print 6818, an
21 act to amend the Civil Service Law.
22 ACTING PRESIDENT GRIFFO: The bill
23 is high.
24 Senator LaValle.
25 SENATOR LaVALLE: Is there a
5461
1 message of necessity at the desk?
2 ACTING PRESIDENT GRIFFO: There is
3 a message of necessity at the desk.
4 Move to accept the message?
5 SENATOR LaVALLE: Yes.
6 ACTING PRESIDENT GRIFFO: All in
7 favor of accepting the message of necessity
8 signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT GRIFFO: Opposed?
11 (No response.)
12 ACTING PRESIDENT GRIFFO: The
13 message is accepted.
14 The bill is before the house.
15 Read the last section.
16 THE SECRETARY: Section 26. 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.
22 ACTING PRESIDENT GRIFFO: The bill
23 passes.
24 THE SECRETARY: Calendar Number
25 2202, by Senator Hannon, Senate Print 6819, an
5462
1 act to provide.
2 ACTING PRESIDENT GRIFFO: The bill
3 before the house is high.
4 Senator LaValle.
5 SENATOR LaVALLE: Mr. President, is
6 there a message of necessity at the desk?
7 ACTING PRESIDENT GRIFFO: There is
8 a message of necessity at the desk.
9 SENATOR LaVALLE: Can we accept it?
10 ACTING PRESIDENT GRIFFO: All in
11 favor of accepting the message say aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT GRIFFO: Opposed?
14 (No response.)
15 ACTING PRESIDENT GRIFFO: The
16 message is accepted.
17 The bill is before the house.
18 Read the last section.
19 THE SECRETARY: Section 17. 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, 62.
25 ACTING PRESIDENT GRIFFO: The bill
5463
1 is passed.
2 Senator LaValle, that completes the
3 noncontroversial reading and the complete reading
4 of Senate Supplemental Calendar 59B.
5 SENATOR LaVALLE: Mr. President.
6 ACTING PRESIDENT GRIFFO: Senator
7 LaValle.
8 SENATOR LaVALLE: We have to stand
9 at ease before we take up the supplemental active
10 list, briefly.
11 ACTING PRESIDENT GRIFFO: The
12 Senate will stand at ease.
13 Senator LaValle.
14 SENATOR LaVALLE: Mr. President, if
15 members of the house will note, we'll be at ease
16 for 15 minutes.
17 ACTING PRESIDENT GRIFFO: The house
18 will be at ease for approximately 15 minutes.
19 (Whereupon, the Senate stood at ease
20 at 7:42 p.m.)
21 (Whereupon, the Senate reconvened at
22 8:10 p.m.)
23 ACTING PRESIDENT GRIFFO: The
24 Senate will return to order.
25 Senator LaValle.
5464
1 SENATOR LaVALLE: Mr. President,
2 can we go back to Calendar Number 2148, which was
3 laid aside temporarily from Supplemental Calendar
4 59A.
5 ACTING PRESIDENT GRIFFO: From
6 Supplemental Calendar 59A, we will return to the
7 legislation so designated.
8 SENATOR LaVALLE: Mr. President.
9 ACTING PRESIDENT GRIFFO: Senator
10 LaValle.
11 SENATOR LaVALLE: We are now going
12 to lay that aside for the day.
13 ACTING PRESIDENT GRIFFO: Calendar
14 2148 will be laid aside for the day.
15 SENATOR LaVALLE: Now,
16 Mr. President --
17 ACTING PRESIDENT GRIFFO: Order,
18 please, in the house.
19 SENATOR LaVALLE: -- this is really
20 very, very good news. So can we go back to
21 motions and resolutions.
22 ACTING PRESIDENT GRIFFO: Motions
23 and resolutions, we will return to.
24 SENATOR LaVALLE: I believe there
25 are six privileged resolutions at the desk. Can
5465
1 we have the Secretary read and then move to
2 adopt.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will read.
5 THE SECRETARY: Senate Resolution
6 establishing a plan setting forth an itemized
7 list of grantees for a certain appropriation for
8 the 2017-2018 state fiscal year for grants.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll on the resolution.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT GRIFFO: The
14 resolution is adopted.
15 The Secretary will continue.
16 THE SECRETARY: Senate Resolution
17 amending a plan setting forth an itemized list of
18 grantees for a certain appropriation for the
19 2014-2015 state fiscal year for services and
20 expenses.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll on the resolution.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT GRIFFO: The
5466
1 resolution is adopted.
2 The Secretary will continue.
3 THE SECRETARY: Senate Resolution
4 establishing a plan setting forth the methodology
5 for allocating a certain appropriation for the
6 2016-2017 and 2017-2018 state fiscal years.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll on the resolution.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT GRIFFO: The
12 resolution is adopted.
13 The Secretary will continue to read.
14 THE SECRETARY: Senate Resolution
15 establishing a plan setting forth a methodology
16 for allocating certain appropriations for the
17 2017-2018 state fiscal year.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll on the resolution.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT GRIFFO: The
23 resolution is adopted.
24 The Secretary will continue.
25 THE SECRETARY: Senate Resolution
5467
1 establishing a plan setting forth an itemized
2 list of grantees for certain appropriations for
3 additional grants-in-aid to certain school
4 districts, public libraries, and not-for-profit
5 institutions in the 2017-2018 state fiscal year.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll on the resolution.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT GRIFFO: The
11 resolution is adopted.
12 The Secretary will continue.
13 THE SECRETARY: Senate Resolution
14 amending Senate Resolution R6508 of 2016
15 establishing a plan setting forth an itemized
16 list of grantees for the New York State Economic
17 Development Assistance Program.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll on the resolution.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT GRIFFO: The
23 resolution is adopted.
24 Senator DeFrancisco, that completes
25 the resolutions before the house.
5468
1 SENATOR DeFRANCISCO: Are you
2 ready? Is the desk ready for the active list,
3 the second active list for today, beginning with
4 Peralta, Calendar 248?
5 ACTING PRESIDENT GRIFFO: We are.
6 SENATOR DeFRANCISCO: Well, if
7 you're ready, would you do the noncontroversial
8 reading of it, please.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will begin.
11 THE SECRETARY: On page 7, Senator
12 Peralta moves to discharge, from the Committee on
13 Rules, Assembly Bill Number 5227A and substitute
14 it for the identical Senate Bill 587A,
15 Third Reading Calendar 248.
16 ACTING PRESIDENT GRIFFO: The
17 substitution is so ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 248, by Member of the Assembly Dinowitz,
21 Assembly Print 5227A, an act to amend the
22 General Business Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 4. This
5469
1 act shall take effect on the 180th day.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT GRIFFO: The bill
7 passes.
8 THE SECRETARY: On page 8, Senator
9 Valesky moves to discharge, from the Committee on
10 Rules, Assembly Bill Number 6474A and substitute
11 it for the identical Senate Bill 4346A, Third
12 Reading Calendar 302.
13 ACTING PRESIDENT GRIFFO: The
14 substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 302, by Member of the Assembly Magnarelli,
18 Assembly Print 6474A, an act to amend the
19 Not-For-Profit Corporation 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.
5470
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 passes.
5 THE SECRETARY: On page 9,
6 Senator Marchione moves to discharge, from the
7 Committee on Rules, Assembly Bill Number 2784B
8 and substitute it for the identical Senate Bill
9 3691B, Third Reading Calendar 332.
10 ACTING PRESIDENT GRIFFO: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 332, by Member of the Assembly McDonald,
15 Assembly Print 2784B, an act to amend the
16 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, 62.
25 ACTING PRESIDENT GRIFFO: The bill
5471
1 passes.
2 THE SECRETARY: Calendar Number
3 392, by Senator Golden, Senate Print 2531, an act
4 to repeal Chapter 7 of Title 11.
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 ACTING PRESIDENT GRIFFO: Senator
13 Hoylman to explain his vote.
14 SENATOR HOYLMAN: Thank you,
15 Mr. President. Very briefly.
16 I just wanted to thank my colleague
17 Senator Golden for this legislation.
18 You know, in my district there's a
19 phenomenon called high-rent blight. It's
20 basically when the mom-and-pop stores are pushed
21 out of neighborhoods by high-end retail or chain
22 stores. Subsequently, a lot of those high-end
23 retail and chain stores have since left a lot of
24 the side streets in Greenwich Village.
25 I'll give you one statistic. In the
5472
1 Village, on Bleecker Street, which I know a lot
2 of my colleagues are familiar with, where there
3 used to be mom-and-pops who were replaced by
4 stores like Ralph Lauren and Marc Jacobs -- very
5 fancy retail -- those stores have gone. It's now
6 18 percent vacant. One in five storefronts are
7 empty.
8 I'd prepared a report on it, but one
9 of the things we look at is eliminating the
10 commercial rent tax. And while it's an expensive
11 proposition, estimated to be $837 million a year,
12 we do need to figure out a way to make this a
13 revenue-neutral proposal. So I hope to next year
14 work with the sponsor on passing similar
15 legislation.
16 I vote in the affirmative,
17 Mr. President.
18 ACTING PRESIDENT GRIFFO: Senator
19 Hoylman in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT GRIFFO: The bill
23 passes.
24 THE SECRETARY: Calendar Number
25 417, by Member of the Assembly Thiele,
5473
1 Assembly Print 6361, an act to amend the
2 Executive 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: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 417, those recorded in the negative are
14 Senators Alcantara, Avella, Bailey, Carlucci,
15 Comrie, Gianaris, Hamilton, Hoylman, Klein,
16 Montgomery, Peralta, Persaud, Rivera, Savino,
17 Serrano, Stavisky, Stewart-Cousins and Valesky.
18 Ayes, 44. Nays, 18.
19 ACTING PRESIDENT GRIFFO: The bill
20 passes.
21 THE SECRETARY: Calendar Number
22 457, by Senator LaValle, Senate Print 3002, an
23 act to amend the County Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
5474
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.
7 ACTING PRESIDENT GRIFFO: The bill
8 passes.
9 THE SECRETARY: On page 12,
10 Senator Griffo moves to discharge, from the
11 Committee on Rules, Assembly Bill Number 260 and
12 substitute it for the identical Senate Bill 4069,
13 Third Reading Calendar 459.
14 ACTING PRESIDENT GRIFFO: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 459, by Member of the Assembly Paulin,
19 Assembly Print 260, an act to amend the Real
20 Property Tax Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect January 1, 2018.
25 ACTING PRESIDENT GRIFFO: Call the
5475
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT GRIFFO: The bill
5 passes.
6 THE SECRETARY: On page 12,
7 Senator Lanza moves to discharge, from the
8 Committee on Local Government, Assembly Bill
9 Number 6663 and substitute it for the identical
10 Senate Bill 5088, Third Reading Calendar 463.
11 ACTING PRESIDENT GRIFFO: The
12 substitution is so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 463, by Member of the Assembly Farrell,
16 Assembly Print 6663, an act to amend Chapter 130
17 of the Laws of 1998.
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.
5476
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: On page 13,
4 Senator Golden moves to discharge, from the
5 Committee on Cities, Assembly Bill Number 6662
6 and substitute it for the identical Senate Bill
7 5511, Third Reading Calendar 487.
8 ACTING PRESIDENT GRIFFO: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 487, by Member of the Assembly Farrell,
13 Assembly Print 6662, an act to amend the Local
14 Finance 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, 62.
23 ACTING PRESIDENT GRIFFO: The bill
24 passes.
25 THE SECRETARY: On page 13,
5477
1 Senator Griffo moves to discharge, from the
2 Committee on Rules, Assembly Bill Number 288 and
3 substitute it for the identical Senate Bill 3745,
4 Third Reading Calendar 507.
5 ACTING PRESIDENT GRIFFO: The
6 substitution is ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 507, by Member of the Assembly Paulin,
10 Assembly Print 288, an act to amend the
11 Public Service 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, 62.
20 ACTING PRESIDENT GRIFFO: The bill
21 passes.
22 THE SECRETARY: Calendar Number
23 717, by Senator Hannon, Senate Print 3661, an act
24 to amend the Public Health Law.
25 ACTING PRESIDENT GRIFFO: Read the
5478
1 last section.
2 THE SECRETARY: Section 4. 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, 61. Nays, 1.
8 Senator Avella recorded in the negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Calendar Number
12 718, by Senator Hannon, Senate Print 3662, an act
13 to amend the Public Health 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 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT GRIFFO: The bill
23 passes.
24 THE SECRETARY: Calendar Number
25 756, by Senator Young, Senate Print 5096, an act
5479
1 to amend the State Finance Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of January.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT GRIFFO: The bill
11 passes.
12 THE SECRETARY: Calendar Number
13 787, by Senator Golden, Senate Print 4564, an act
14 to amend the General Municipal 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, 62.
23 ACTING PRESIDENT GRIFFO: The bill
24 passes.
25 THE SECRETARY: On page 24,
5480
1 Senator Robach moves to discharge, from the
2 Committee on Environmental Conservation,
3 Assembly Bill Number 556 and substitute it for
4 the identical Senate Bill 387, Third Reading
5 Calendar 852.
6 ACTING PRESIDENT GRIFFO: The
7 substitution is ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 852, by Member of the Assembly Woerner,
11 Assembly Print 556, an act to amend the
12 Environmental Conservation Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 3. 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 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT GRIFFO: The bill
22 passes.
23 THE SECRETARY: Calendar Number
24 858, by Senator O'Mara, Senate Print 2284, an act
25 to amend the Environmental Conservation Law.
5481
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 30th day.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Calendar Number
12 993, by Senator Seward, Senate Print 3960, an act
13 to amend the Insurance 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 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT GRIFFO: The bill
23 passes.
24 THE SECRETARY: Calendar Number
25 1011, by Senator O'Mara, Senate Print 5175B, an
5482
1 act to amend the Public Lands 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 ACTING PRESIDENT GRIFFO: Senator
10 Latimer to explain his vote.
11 Can I have some order, please.
12 SENATOR LATIMER: Thank you,
13 Mr. President.
14 I credit Senator O'Mara for tackling
15 this issue. It's a very complicated issue.
16 This is a one-house bill. The other
17 house is not going to act on this tonight. And I
18 think it's a fair guess that this would face a
19 gubernatorial veto if both houses were to pass
20 it.
21 We have a problem in Westchester
22 County and in New York City, and that is the
23 impending closing of Indian Point. And for any
24 of us who represent that area, we're concerned
25 that there be a plan in place for replacement
5483
1 energy. And since we don't know what type of
2 clean energy and what type of transmissions are
3 going to be possible, I would prefer, rather than
4 passing legislation, that we have that
5 discussion.
6 Senator Murphy is part of a task
7 force on that topic, and I'd like to see what
8 that task force does before we start to rule out
9 different factors. So with that thought in mind,
10 I am going to withdraw my request to speak and
11 vote in the negative.
12 ACTING PRESIDENT GRIFFO: Senator
13 Latimer in the negative.
14 Senator Gianaris.
15 SENATOR GIANARIS: Thank you,
16 Mr. President. I want to echo what my colleague
17 Senator Latimer just said.
18 As someone who represents a number
19 of power generators in Western Queens that
20 produce about 80 percent of the electricity used
21 by New York City -- 60 percent, rather -- I'm
22 very concerned that with the closure of Indian
23 Point that takes 2,000 megawatts offline, that
24 even more burdensome facilities will end up in
25 Western Queens.
5484
1 And so I as well would like to see
2 the replacement plan before we move forward with
3 a bill like this. I'll be voting in the
4 negative.
5 ACTING PRESIDENT GRIFFO: Senator
6 Gianaris in the negative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar 1011, those recorded in the negative are
10 Senators Alcantara, Avella, Bailey, Breslin,
11 Comrie, Dilan, Gianaris, Hamilton, Hoylman,
12 Krueger, Latimer, Montgomery, Parker, Peralta,
13 Persaud, Rivera, Serrano, Squadron and Stavisky.
14 Ayes, 43. Nays, 19.
15 ACTING PRESIDENT GRIFFO: The bill
16 passes.
17 THE SECRETARY: On page 28,
18 Senator Savino moves to discharge, from the
19 Committee on Codes, Assembly Bill Number 5667A
20 and substitute it for the identical Senate Bill
21 4769A, Third Reading Calendar 1031.
22 ACTING PRESIDENT GRIFFO: The
23 substitution is ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
5485
1 1031, by Member of the Assembly Quart, Assembly
2 Print 5667A, an act to amend the Penal 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 Savino to explain her vote.
12 SENATOR SAVINO: Thank you,
13 Mr. President.
14 This bill would clarify the
15 definition of a gravity knife to help ensure that
16 simple possession of a common folding knife that
17 is used for work is not a crime.
18 It would remove the words "or" from
19 the bill that -- "or by the application of
20 centrifugal force" from the definition of an
21 illegal knife.
22 The current definition of a gravity
23 knife is very vague and dependent on an outdated
24 understanding of knives used as weapons and those
25 that are used as tools. The current law
5486
1 penalizes innocent possession of any knife that
2 can open with an arduous flick of the wrist
3 towards -- with a bias towards closure.
4 When the Legislature originally
5 adopted the law, they were aiming at very
6 specific and dangerous knives. These knives,
7 though, in fact are tools that are commonly used
8 by workmen, men and women, all over the state.
9 Between 2003 and 2013, 60,000 New Yorkers were
10 arrested for the simple possession of these
11 knives -- knives that they are legally allowed to
12 purchase in a store, but then having them merely
13 in their possession subjected them to arrest.
14 Oddly enough, it only subjected them to arrest in
15 the County of Manhattan, for the most part.
16 This bill would simply eliminate
17 confusion for workers, for law enforcement, and
18 clarify once and for all that if you are a worker
19 and you are not using this tool for illegal
20 purposes, you should not be arrested for being in
21 possession of something that is legal to purchase
22 in the State of New York.
23 This bill passed last year with one
24 no vote. The Governor vetoed it because he
25 thought we didn't clarify it enough. We address
5487
1 that in this version of the bill. And in fact we
2 hope the Governor will sign this bill and protect
3 working men and women every day who are doing
4 nothing more than going to work.
5 Thank you, Mr. President.
6 ACTING PRESIDENT GRIFFO: Senator
7 Savino in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 61. Nays, 1.
10 Senator Golden recorded in the negative.
11 ACTING PRESIDENT GRIFFO: The bill
12 passes.
13 THE SECRETARY: On page 29,
14 Senator Avella moves to discharge, from the
15 Committee on Rules, Assembly Bill Number 3178 and
16 substitute it for the identical Senate Bill 1422,
17 Third Reading Calendar 1044.
18 ACTING PRESIDENT GRIFFO: The
19 substitution is ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1044, by Member of the Assembly Kim,
23 Assembly Print 3178, an act to amend the
24 Agriculture and Markets Law.
25 ACTING PRESIDENT GRIFFO: Read the
5488
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 180th day.
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 1044, those recorded in the negative are
11 Senators Amedore, Boyle, Croci, Griffo, LaValle,
12 Phillips and Serino. Also Senator DeFrancisco.
13 Also Senator Marchione.
14 Ayes, 53. Nays, 9.
15 ACTING PRESIDENT GRIFFO: The bill
16 passes.
17 THE SECRETARY: On page 30,
18 Senator LaValle moves to discharge, from the
19 Committee on Rules, Assembly Bill Number 5523 and
20 substitute it for the identical Senate Bill 4333,
21 Third Reading Calendar 1053.
22 ACTING PRESIDENT GRIFFO: The
23 substitution is ordered.
24 There is a home-rule message at the
25 desk.
5489
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1053, by Member of the Assembly Thiele,
4 Assembly Print 5523, an act to provide.
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 ACTING PRESIDENT GRIFFO: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar 1053, those recorded in the negative are
16 Senators Akshar, Boyle, Croci and Kennedy.
17 Ayes, 58. Nays, 4.
18 ACTING PRESIDENT GRIFFO: The bill
19 passes.
20 THE SECRETARY: On page 30,
21 Senator Golden moves to discharge, from the
22 Committee on Rules, Assembly Bill Number 6884B
23 and substitute it for the identical Senate Bill
24 5380B, Third Reading Calendar 1056.
25 ACTING PRESIDENT GRIFFO: The
5490
1 substitution is ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 1056, by Member of the Assembly Abbate,
5 Assembly Print 6884B, an act to amend the
6 General Business Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 10. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT GRIFFO: The bill
16 passes.
17 THE SECRETARY: Calendar Number
18 1083, by Senator Akshar, Senate Print 2793, an
19 act to amend the Election 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.
5491
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 passes.
5 The next bill, I think it's 1147, is
6 high and ineligible for consideration.
7 The Secretary will continue with
8 1150.
9 THE SECRETARY: On page 34,
10 Senator Hannon moves to discharge, from the
11 Committee on Rules, Assembly Bill Number 7747A
12 and substitute it for the identical Senate Bill
13 5671A, Third Reading Calendar 1150.
14 ACTING PRESIDENT GRIFFO: The
15 substitution is ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1150, by Member of the Assembly Gottfried,
19 Assembly Print 7747A, an act to amend the Public
20 Health 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
5492
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT GRIFFO: The bill
5 passes.
6 THE SECRETARY: Calendar Number
7 1165, by Senator Hannon, Senate Print 6428, an
8 act to amend the Public Health 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.
17 ACTING PRESIDENT GRIFFO: The bill
18 passes.
19 THE SECRETARY: On page 37,
20 Senator Gallivan moves to discharge, from the
21 Committee on Civil Service and Pensions,
22 Assembly Bill Number 5927 and substitute it for
23 the identical Senate Bill 4253, Third Reading
24 Calendar 1330.
25 ACTING PRESIDENT GRIFFO: There is
5493
1 a home-rule message present at the desk.
2 The substitution is ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1330, by Member of the Assembly Ryan, Assembly
6 Print 5927, an act granting.
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, 62.
15 ACTING PRESIDENT GRIFFO: The bill
16 passes.
17 THE SECRETARY: On page 37,
18 Senator Little moves to discharge, from the
19 Committee on Rules, Assembly Bill Number 6901 and
20 substitute it for the identical Senate Bill 5324,
21 Third Reading Calendar 1334.
22 ACTING PRESIDENT GRIFFO: The
23 substitution is ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
5494
1 1334, by Member of the Assembly Stec, Assembly
2 Print 6901, an act to authorize.
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, 62.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: On page 37,
14 Senator Savino moves to discharge, from the
15 Committee on Rules, Assembly Bill Number 7193C
16 and substitute it for the identical Senate Bill
17 5634B, Third Reading Calendar 1338.
18 ACTING PRESIDENT GRIFFO: The
19 substitution is ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1338, by Member of the Assembly Perry,
23 Assembly Print 7193C, an act to amend the
24 Retirement and Social Security Law.
25 ACTING PRESIDENT GRIFFO: Read the
5495
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect July 1, 2018.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 passes.
10 THE SECRETARY: Calendar Number
11 1352, by Senator Griffo, Senate Print 5549A, an
12 act in relation to maintaining.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 5. 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, 61. Nays, 1.
21 Senator Croci recorded in the negative.
22 ACTING PRESIDENT GRIFFO: The bill
23 passes.
24 THE SECRETARY: Calendar Number
25 1457, by Senator Seward, Senate Print 3964, an
5496
1 act to amend the Workers' Compensation Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect January 1, 2019.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT GRIFFO: The bill
11 passes.
12 THE SECRETARY: Calendar Number
13 1492, by the Senate Committee on Rules,
14 Senate Print 5728A, an act to amend the Tax Law.
15 SENATOR GIANARIS: Lay it aside.
16 ACTING PRESIDENT GRIFFO: Lay it
17 aside.
18 THE SECRETARY: Calendar Number
19 1511, by Senator Bonacic, Senate Print 6243A, an
20 act to amend the Tax Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
5497
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Senator
4 Krueger to explain her vote.
5 SENATOR KRUEGER: So this is yet
6 another bill -- I think it's a variation on one
7 we already passed that I voted against because it
8 would take money away from schoolchildren. This
9 morning I was much more optimistic there was a
10 bill that wouldn't take money away from
11 schoolchildren to pay for a video lottery gaming
12 site. And now, at 8:30 at night, suddenly we're
13 back to taking the money away from
14 schoolchildren.
15 It's confusing, but this one's
16 wrong. I vote no.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger to be recorded in the negative.
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar 1511, those recorded in the negative are
22 Senators Brooks, Croci, Hoylman, Krueger, LaValle
23 and Squadron.
24 Ayes, 56. Nays, 6.
25 ACTING PRESIDENT GRIFFO: The bill
5498
1 passes.
2 THE SECRETARY: Calendar Number
3 1576, by Senator Seward, Senate Print 6624, an
4 act to amend the Insurance 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: In relation to
13 Calendar 1576, those recorded in the negative are
14 Senators Brooks, Hoylman and Squadron.
15 Ayes, 59. Nays, 3.
16 ACTING PRESIDENT GRIFFO: The bill
17 passes.
18 THE SECRETARY: On page 41,
19 Senator Akshar moves to discharge, from the
20 Committee on Rules, Assembly Bill Number 7902A
21 and substitute it for the identical Senate Bill
22 5951A, Third Reading Calendar 1904.
23 ACTING PRESIDENT GRIFFO: The
24 substitution is ordered.
25 The Secretary will read.
5499
1 THE SECRETARY: Calendar Number
2 1904, by Member of the Assembly Friend,
3 Assembly Print 7902A, an act to legalize,
4 validate, ratify and confirm.
5 ACTING PRESIDENT GRIFFO: There is
6 a home-rule message at the desk.
7 The Secretary will read the last
8 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, 62.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 Senator DeFrancisco, that completes
18 the noncontroversial reading of the supplemental
19 active list of June 21, 2017.
20 SENATOR DeFRANCISCO: That's
21 excellent.
22 I believe there was one bill laid
23 aside?
24 ACTING PRESIDENT GRIFFO: 1492.
25 SENATOR DeFRANCISCO: Okay. I
5500
1 guess call the controversial reading of the
2 calendar, which is that one bill.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will ring the bell.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1492, by the Senate Committee on Rules,
8 Senate Print 5728A, an act to amend the Tax Law.
9 SENATOR KRUEGER: Explanation.
10 ACTING PRESIDENT GRIFFO: An
11 explanation has been requested by
12 Senator Krueger.
13 Can I have some order in the house,
14 please.
15 Senator Lanza is willing to respond.
16 Senator Lanza.
17 SENATOR LANZA: Yes, Mr. President.
18 This bill would extend New York's
19 personal income tax, but it is also tied to a
20 2 percent property tax cap.
21 SENATOR KRUEGER: Through you,
22 Mr. President, if the sponsor would please yield
23 to some questions.
24 ACTING PRESIDENT GRIFFO: Senator
25 Lanza will yield. He is designated to speak on
5501
1 this particular piece of legislation,
2 Senator Krueger.
3 SENATOR KRUEGER: Thank you.
4 What's the total amount of taxes
5 that we would be -- the dollar value to the City
6 of New York of the taxes that we would be
7 continuing in the first -- Part A of this bill?
8 SENATOR LANZA: You know, this
9 would -- as you know, Senator Krueger, this would
10 simply continue the tax that is in place today.
11 So I think those numbers are easily
12 attainable. I don't want to misquote and be off
13 by some. But I think it is well known what the
14 personal income tax brings into New York City
15 presently.
16 SENATOR KRUEGER: Through you,
17 Mr. President, if the sponsor would continue to
18 yield.
19 ACTING PRESIDENT GRIFFO: Senator
20 Lanza yields.
21 SENATOR LANZA: Yes.
22 SENATOR KRUEGER: Would we agree
23 that actually this is -- beyond just personal
24 income tax, there's a whole series of sections in
25 Part A, and even if we don't know the exact
5502
1 number, it's a large amount of money that would
2 be an enormous problem for the City of New York
3 if they didn't get extended by Albany. Can we
4 agree on that?
5 SENATOR LANZA: Subjectively
6 describing a problem is in the eye of the
7 beholder.
8 I can tell you that New York City --
9 the mayor desperately wants to see this tax
10 extended.
11 SENATOR KRUEGER: Through you,
12 Mr. President, if the sponsor would continue to
13 yield.
14 SENATOR LANZA: Yes, Mr. President.
15 ACTING PRESIDENT GRIFFO: Senator
16 Lanza yields.
17 SENATOR LANZA: Yes, certainly.
18 SENATOR KRUEGER: Does this bill
19 have a same-as in the other house?
20 SENATOR LANZA: I don't believe it
21 does, Senator Krueger.
22 SENATOR KRUEGER: Through you,
23 Mr. President, if the sponsor will continue to
24 yield.
25 ACTING PRESIDENT GRIFFO: Senator
5503
1 Lanza yields.
2 SENATOR LANZA: Of course.
3 SENATOR KRUEGER: Is this probably
4 the last night we're in session?
5 SENATOR LANZA: One never knows,
6 Senator Krueger.
7 (Laughter.)
8 SENATOR KRUEGER: Through you,
9 Mr. President, if the sponsor will continue to
10 yield.
11 ACTING PRESIDENT GRIFFO: Senator
12 Lanza yields.
13 SENATOR LANZA: Certainly.
14 SENATOR KRUEGER: So one doesn't
15 know, but one could agree that the City of
16 New York would be very disturbed if it couldn't
17 have an extension of its personal income tax and
18 a series of other smaller taxes that I believe
19 total almost $8 billion a year in revenue for the
20 City of New York. We could agree on that?
21 SENATOR LANZA: Mr. President, I
22 wouldn't want to speak for everyone in the
23 government in New York City, but certainly there
24 would probably be a lot of taxpayers that would
25 be very happy.
5504
1 SENATOR KRUEGER: Through you,
2 Mr. President, if the sponsor would continue to
3 yield.
4 SENATOR LANZA: Certainly.
5 ACTING PRESIDENT GRIFFO: Senator
6 Lanza yields.
7 SENATOR KRUEGER: They might not
8 actually be so happy when the police and the
9 firemen weren't paid and didn't respond, their
10 children weren't able to go to school anymore. I
11 think there's a lot of taxpayers who would
12 actually be pretty upset to see a bankrupt city.
13 But my point, Mr. President, is --
14 SENATOR LANZA: Is there a question
15 there?
16 SENATOR KRUEGER: Yes. You're just
17 not listening carefully enough.
18 -- Mr. President, is it's the
19 almost last night or possibly last night of
20 session, this is a one-house bill. So again,
21 we're just talking among friends. The Part A of
22 this bill, we've established, would be an
23 extender on existing taxes to the City of
24 New York, so perhaps not so different than so
25 many local tax bills we already did during the
5505
1 session.
2 But, Mr. President, the sponsor also
3 has a second part of the bill which would cap
4 property taxes --
5 ACTING PRESIDENT GRIFFO: Senator
6 Krueger, is there a question there?
7 SENATOR KRUEGER: Yes.
8 ACTING PRESIDENT GRIFFO: This is
9 the longest day of the year; it's the summer
10 solstice. And that's the longest question I've
11 ever heard, so --
12 (Laughter.)
13 SENATOR KRUEGER: See? And yet if
14 you listen carefully, it all makes total sense.
15 So the second part of this bill,
16 Part B, caps the property tax levy by prohibiting
17 annual increases greater than 2 percent or the
18 rate of inflation, whichever is less.
19 May I ask the sponsor how much lost
20 revenue the City of New York would face from
21 Part B of this one-house bill where this is added
22 on to a local extender bill?
23 SENATOR LANZA: Mr. President, if
24 you believe the mayor -- which I do -- and what
25 the City Council is saying, there would be no
5506
1 loss to revenue, because they have repeatedly
2 stated that they are not planning to raise
3 property taxes more than 2 percent.
4 SENATOR KRUEGER: Through you,
5 Mr. President, if the sponsor will continue to
6 yield.
7 SENATOR LANZA: Yes.
8 ACTING PRESIDENT GRIFFO: Senator
9 Lanza yields.
10 SENATOR KRUEGER: Thank you.
11 So I think perhaps the difference
12 is -- between what the City Council and the city
13 have said about their desire not to raise the
14 property tax and the proposals in this bill --
15 are the specifics in this bill.
16 For the rest of the State of
17 New York, when we have passed a property tax cap,
18 the current local tax exempts a tax levy
19 necessary for torts judgments. Does that apply
20 to the City of New York in this bill, in this
21 law?
22 SENATOR LANZA: I don't believe it
23 does, Senator Krueger.
24 SENATOR KRUEGER: So actually it's
25 more restrictive than we've required of any other
5507
1 locality in the state.
2 SENATOR LANZA: Mr. President,
3 through you. No, I don't believe that's so.
4 As you know, there's a release valve
5 in this which would allow, during an emergency,
6 for the City Council, with a supermajority, to go
7 beyond the 2 percent.
8 SENATOR KRUEGER: Through you,
9 Mr. President, if the sponsor would continue to
10 yield.
11 SENATOR LANZA: Yes, Mr. President.
12 ACTING PRESIDENT GRIFFO: Senator
13 Lanza yields.
14 SENATOR KRUEGER: This bill would
15 require a supermajority in the City of New York
16 in order to override this 2 percent cap as laid
17 out in this bill?
18 SENATOR LANZA: Mr. President, yes,
19 that's correct.
20 And there are certain other areas
21 which are not included in that 2 percent, as you
22 know.
23 SENATOR KRUEGER: And through you,
24 Mr. President, what's the formula for overriding
25 the local tax cap in the rest of the localities
5508
1 of the State of New York?
2 SENATOR LANZA: Mr. President, I'm
3 being told -- I don't recall precisely, but I
4 think it's 60 percent.
5 SENATOR KRUEGER: It's 60 percent,
6 I believe, in the rest of the state, but here it
7 would be a supermajority required.
8 SENATOR LANZA: I believe,
9 Mr. President, that the percentage, if we're
10 talking about the majority, is substantially the
11 same.
12 SENATOR KRUEGER: I believe it
13 would be 66 percent in your bill.
14 SENATOR LANZA: Sixty, 66.
15 SENATOR KRUEGER: It's a
16 difference.
17 Through you, Mr. President, if the
18 sponsor would continue to yield.
19 SENATOR LANZA: Yes.
20 ACTING PRESIDENT GRIFFO: Senator
21 Lanza yields.
22 SENATOR KRUEGER: Would annual
23 increases to pension contributions that exceed
24 2 percent be exempted from the cap in this bill?
25 SENATOR LANZA: No, Mr. President.
5509
1 SENATOR KRUEGER: Through you,
2 Mr. President, if the sponsor will continue to
3 yield.
4 ACTING PRESIDENT GRIFFO: The
5 sponsor yields.
6 SENATOR LANZA: Yes.
7 SENATOR KRUEGER: Are those exempt
8 for the rest of the localities in New York State?
9 SENATOR LANZA: Mr. President, this
10 bill is what it is.
11 I think, as a resident of New York
12 City, that this is the right bill and the right
13 law for New York City. And this body and this
14 state decided that the cap for the rest of the
15 state was the right way to approach it outside of
16 New York City.
17 SENATOR KRUEGER: Through you,
18 Mr. President, if the sponsor would continue to
19 yield.
20 SENATOR LANZA: Yes.
21 ACTING PRESIDENT GRIFFO: Senator
22 Lanza yields.
23 SENATOR KRUEGER: So in this bill
24 for the City of New York only, would the local
25 government cap also account for -- would it not
5510
1 be applied to new construction within the local
2 government that creates new taxable value through
3 the quantity change factor, as it does for the
4 rest of the state?
5 SENATOR LANZA: Through you,
6 Mr. President, I will concede that this bill is
7 different in many ways than the property tax cap
8 in the rest of the state.
9 What I will say is they are similar
10 with respect to the fact that if this becomes the
11 law, the taxpayers, the property taxpayers of
12 New York City will no longer have to be faced
13 with the threat of tax increases that exceed
14 2 percent.
15 SENATOR KRUEGER: Through you,
16 Mr. President, on the bill.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger on the bill.
19 SENATOR KRUEGER: So the sponsor --
20 or the spokesman for the sponsor tonight -- and I
21 have a very different opinion about the role of
22 the State Legislature when it comes to
23 determining what the right answer is for property
24 taxes in the City of New York.
25 Not only that, but in this bill he
5511
1 takes a leap much further in capping taxes for
2 New York City than we do in a property tax cap
3 for any other locality in the State of New York.
4 Now, I probably wouldn't have been
5 happy if he proposed just as the same as with
6 respect to the rest of the state, but this is
7 actually a more restrictive cap than the rest of
8 the state -- which actually helps to explain why
9 the City of New York projects that it actually
10 would be a revenue loss to the City of New York.
11 I also want to highlight that while
12 everyone thinks their taxes are too high -- I
13 don't know anyone who doesn't think their taxes
14 are too high -- New York City is doing very well,
15 knock on wood. Are we allowed to knock on the
16 wood? I think we are. Our economy is doing
17 disproportionately better than the rest of the
18 state. People are coming to our city to live and
19 to work and to study, despite the fact that we
20 have higher costs. We have a personal income tax
21 that people have to pay. But we've also kept our
22 property taxes lower than most or all of the
23 surrounding areas.
24 And yet we, the State Senate --
25 happily, just one house, on the last night, or
5512
1 almost the last night -- are proposing that we
2 mess with something that's not broken.
3 So tax assessment growth for Class 1
4 properties in New York City, one-, two-, and
5 three-family homes, and small Class 2 properties,
6 four-to-10-unit residential buildings, both
7 comply with one-year and five-year caps already.
8 Our largest residential and commercial buildings
9 see their increases in market value phased in
10 over a five-year period. The existing caps have
11 kept the property tax revenue growth below the
12 growth of the full market value.
13 Over the past 20 years, the city's
14 property tax levy has grown at the same rate as
15 the rate for full market value growth. Property
16 owners would have paid billions more in property
17 taxes if not for the fact that the city has a
18 system in place to keep its property taxes low in
19 comparison to other areas.
20 New York City's property tax growth
21 is limited mostly to valuation growth, based on
22 the increase in the underlying value of our
23 buildings. Our property tax burden is
24 comparatively low for homeowners relative to most
25 other jurisdictions in the state. In 2015, the
5513
1 actual market value tax rate for New York City
2 homeowners was 0.86 percent. In the surrounding
3 counties -- Westchester, Rockland, Nassau,
4 Putnam, Orange and Suffolk -- the average actual
5 market tax rate was 3.12 percent, 3.6 times
6 higher than the rate in New York City. The tax
7 rate in New York State excluding New York City
8 was 2.95, nearly three and a half times higher
9 than the rate in New York City.
10 Again, this isn't New York State
11 money. None of this -- Mr. President. I'm
12 sorry --
13 ACTING PRESIDENT GRIFFO: Please
14 continue.
15 SENATOR KRUEGER: Mr. President was
16 shooting a rubber band while I was speaking, just
17 for the record.
18 (Laughter.)
19 ACTING PRESIDENT GRIFFO:
20 (Inaudible.)
21 SENATOR KRUEGER: I'll repeat. In
22 2015, the actual -- (laughing). I'm sorry, the
23 actual -- (laughing). I think we need a new
24 Mr. President.
25 ACTING PRESIDENT GRIFFO: At least
5514
1 you're laughing.
2 SENATOR KRUEGER: You definitely
3 threw me off my rhythm here.
4 So New York City's rate is three and
5 a half times less than the state's rate. It's
6 not broken. New York City's property tax cap
7 system that it has in place is not the problem.
8 Now, I think the sponsor and I agree
9 there's a fundamental set of inequities within
10 the classes within property tax in New York City.
11 I think we've both called for something to be
12 done about that. This bill doesn't address that.
13 This bill goes in search of a
14 problem and offers a particularly bad solution by
15 having a more restrictive cap than we're trying
16 to apply anywhere else in the state.
17 Again, the time is late. This is a
18 one-house bill. This is -- again, we do a lot of
19 this here in Albany. It's theater. We
20 respectfully disagree with each other. Happily,
21 I don't have to worry about this actually
22 happening.
23 And yet I felt strongly that someone
24 should get up and explain, Albany should stop
25 trying to break local governments when they have
5515
1 systems that work. We supersede them, we no
2 longer respect home rule, we no longer respect
3 their right to tax themselves. If the people of
4 New York City are that unhappy, they'll vote out
5 their leadership or they'll pick up and move to
6 the surrounding counties and pay far more in
7 property tax when they move there.
8 I vote no, Mr. President. Thank
9 you.
10 ACTING PRESIDENT GRIFFO: Seeing
11 and hearing no other Senator -- ah, Senator
12 Lanza.
13 SENATOR LANZA: Yes, Mr. President.
14 On the bill.
15 ACTING PRESIDENT GRIFFO: Senator
16 Lanza on the bill.
17 SENATOR LANZA: So let me explain
18 why I believe a 2 percent cap on property taxes
19 in New York City is important. It's because what
20 I think Albany ought to be doing is helping
21 people.
22 And I hear from people all the time,
23 on Staten Island and throughout the city, that
24 it's getting tougher to stay in the place that
25 they love because they can't make ends meet. And
5516
1 the culprit, more often than not, is the money
2 that they need to take from their pocket and send
3 to the government in order to continue to live in
4 New York City.
5 Let me say why I believe it is
6 appropriate to tie this cap to the personal
7 income tax. They go together for a simple
8 reason. A long time ago, New York City
9 government made a promise to the people of
10 New York City. And it was folks from the
11 Democratic Party, on the left, who said property
12 taxes are regressive and they are unfair.
13 I'm thinking about a senior in
14 Brooklyn who maybe purchased the home, was able
15 to scratch together enough, walked into their
16 local bank and said, I want to set roots here in
17 Brooklyn -- or Staten Island, or the Bronx,
18 Manhattan or Queens -- this is where I want to
19 live. And as the years passed and they now sit
20 there in that home that they love, and they've
21 raised their family, their children, their
22 grandchildren, they're on a fixed income. And
23 the city comes along and says because of the
24 value of your home now, and irrespective of the
25 fact that you have less income now than you did
5517
1 20 years ago, we're going to raise the price that
2 you have to pay to stay in your home.
3 The promise the city made a long
4 time ago was that because of that simple fact,
5 New York City was going to take a different,
6 progressive approach. New York City was going to
7 keep property taxes at a nominal rate.
8 So it is unfair and I think
9 misleading for my colleague Senator Krueger to
10 compare New York City's property tax rate with
11 property tax rates elsewhere in the state. And
12 why is that? Because New York City has another
13 tax. And it's this other tax in this bill. It's
14 the income tax that the left told us was not
15 regressive, it was progressive, and we were going
16 to have the folks that can afford to pay, pay.
17 And so the services in New York City
18 that Senator Krueger is suggesting might not be
19 affordable with a 2 percent property tax cap,
20 they were to be paid by that income tax. And you
21 wouldn't have to pay for your water, and you
22 wouldn't have to pay for police services and
23 sanitation services or for teachers and all the
24 other services that are provided by New York
25 City, because we have an income tax that other
5518
1 parts of the state do not.
2 And somewhere along the line -- when
3 I was growing up on Staten Island, the city kept
4 that promise, and property taxes were indeed low,
5 they were nominal, and relative to other places,
6 they were a lot less. And it allowed regular,
7 salt-of-the-earth, working-class people to be
8 able to live the American dream, to buy that
9 home, to raise their family.
10 Somewhere along the line recently,
11 the city broke that promise. The city broke the
12 promise and walked away from what they said was
13 going to happen for people who want to set roots
14 in New York City. And all of a sudden, while we
15 still had the property tax, the income tax, a new
16 tax popped up.
17 I think it was Mayor Koch who
18 started putting water meters on houses across
19 New York City. We were told this was just to
20 monitor water usage, not to worry. Mayor Dinkins
21 decided since we have a meter, we might as well
22 send the bill. And so now we have a water tax on
23 top of that income tax and that property tax.
24 And it's not nominal. And it's in many cases,
25 for families, a few thousand dollars.
5519
1 But let's talk about the property
2 tax. Because remember, that was going to stay
3 low because we didn't need it and it was
4 regressive and it was unfair. Not me speaking,
5 the left speaking once upon a time ago.
6 Well, when I was in the City
7 Council, we saw historic increases to property
8 taxes. And families are hurting. And families
9 are leaving. And it's not just people who own a
10 house, it's people who rent an apartment.
11 Because the person who owns that apartment is
12 paying higher property taxes and is paying a new
13 water tax -- and, by the way, a whole host of new
14 taxes that never existed at the time the promise
15 was made. Taxes on your cellphone, your
16 electricity, and just about everything else that
17 moves or breathes.
18 And so -- and so, to be fair, when
19 we talk about the taxes that people in New York
20 City are paying, let's not think about one and
21 ignore all the other taxes that they pay.
22 Mr. President, people who want to
23 live in New York City should be able to afford to
24 live in New York City and they should not have to
25 go to bed at night wondering and praying that
5520
1 they don't have to wake up tomorrow to a 10
2 percent increase, a 15 percent increase, or a
3 20 percent increase like they've seen in the
4 past.
5 Mr. President, this is the right
6 thing to do for the people who are praying and
7 asking for us to deliver relief so that they can
8 stay in the place that they call home and they
9 love. And that's why we need a 2 percent
10 property tax cap in New York City.
11 I vote in the affirmative.
12 ACTING PRESIDENT GRIFFO: Senator
13 Krueger.
14 SENATOR KRUEGER: Thank you. I
15 appreciate the sponsor's comments. On the bill,
16 Mr. President.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger on the bill.
19 SENATOR KRUEGER: So just to
20 clarify. Again, you know, the history of
21 taxation and cost increases is very interesting.
22 I don't disagree with you.
23 But with this bill, because it's not
24 going to pass in the Assembly -- and if we didn't
25 pass a continuation, an extension of the property
5521
1 tax in New York City -- because, since this bill
2 isn't going to be a two-house bill, it actually
3 could mean the end and sunset of the income tax
4 in New York City -- we, this house, would
5 actually be saying to the people of New York
6 City: We're going to blow a hole in your budget
7 of $7 billion because we don't care, because we
8 want to stand strong to argue that we want to
9 limit property tax. So you're going to lose
10 $7 billion in revenue because you're trying to
11 get an unrealistic and, I would argue, not-needed
12 cap as written in this bill for property taxes.
13 I agree that there are formula
14 changes that need to be made in the property tax
15 system. The sponsor was just very eloquent about
16 renters, not just owners. In fact, renters in
17 New York City pay disproportionately much higher
18 property taxes than one- and two- and
19 three-family homes. They pay a much lower rate.
20 And there's something wrong with that, but we
21 don't do anything about that.
22 And again, when you compare what
23 private homeowners pay in New York City compared
24 to what they would pay in the surrounding
25 counties of Westchester, Rockland, Nassau,
5522
1 Putnam, Orange and Suffolk, they would in fact
2 pay a dramatically larger property tax rate.
3 So we can both agree life has become
4 too expensive, everybody's taxes may be too high.
5 But holding hostage the actual taxes of the City
6 of New York because you're trying to get in what
7 I would call a poison pill proposal on property
8 taxes isn't the right thing to do for anybody, in
9 your district or my district.
10 It's like holding up mayoral control
11 when in fact that also could cost the people of
12 New York over a billion dollars if we let it
13 sunset.
14 So I really do think we should focus
15 on what we need to get done at 9 o'clock at night
16 on June 21st. And that if people want to have
17 roundtables and hearings and discussions about
18 tax reform, we should do those. We could have
19 done those every night of the year except this
20 night.
21 But we shouldn't play games with the
22 lives of the people of the City of New York by
23 potentially leaving them without the ability to
24 tax themselves. Again, it's not that broken.
25 And we certainly shouldn't be making it worse by
5523
1 breaking the entire tax system of the City of
2 New York.
3 I vote no. Thank you.
4 ACTING PRESIDENT GRIFFO: Seeing
5 and hearing no other Senator, the debate is
6 closed.
7 The Secretary will ring the bell.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: While we're
10 waiting, maybe we can make this time somewhat
11 productive. I'll give you the next steps.
12 Step number one, there is one bill
13 on supplemental active list 59-2. It's online.
14 It's one of my bills, so it's nothing to worry
15 about.
16 (Laughter.)
17 SENATOR DeFRANCISCO: It's Calendar
18 791, Bill 5007A. It's for a local hospital to
19 swap land. We're going to take that up.
20 Then we have an immediate -- we're
21 calling a Finance Committee, where a nominee is
22 going to be Skyped in for our viewing pleasure,
23 and that committee meeting will take place.
24 Then after that, we're going to
25 break for conferences, because the final Rules
5524
1 group of bills will be available. After our
2 respective conferences, we come back here and do
3 the final Rules list. Assuming no other --
4 assuming a miracle doesn't happen after that,
5 we'll be leaving then.
6 And another important thing. While
7 we're doing all this stuff, the lemon ice is
8 being served.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 14. 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: Can I
17 have some order, please, in the chamber.
18 We are voting on Calendar Number
19 1492 right now. This is a controversial vote.
20 So if the members would remain in their chairs.
21 Senator Gianaris.
22 SENATOR GIANARIS: Thank you.
23 I just want to clarify for my
24 colleagues, because I know we've been talking
25 about a number of different things. This is the
5525
1 bill that would be an omnibus bill relating to
2 New York City's tax extenders but would also, for
3 the first time, impose a property tax cap in
4 New York City. So that's what we're voting on
5 right now.
6 I vote in the negative,
7 Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Gianaris to be recorded in the negative.
10 Announce the results.
11 (Lengthy pause.)
12 ACTING PRESIDENT GRIFFO: Okay,
13 let's try this again.
14 Call the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT GRIFFO: Announce
17 the results.
18 THE SECRETARY: In relation to
19 Calendar 1492, those recorded in the negative are
20 Senators Alcantara, Bailey, Benjamin, Comrie,
21 Dilan, Gianaris, Hamilton, Hoylman, Krueger,
22 Montgomery, Parker, Peralta, Persaud, Rivera,
23 Serrano, Squadron, Stavisky and Stewart-Cousins.
24 Absent from voting: Senators Díaz
25 and Sanders.
5526
1 Ayes, 42. Nays, 18.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 Senator DeFrancisco, that completes
5 the controversial reading.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 Calendar Number 791 will be before
9 the house at your request, Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Yes, is there
11 a substitution at the desk?
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 THE SECRETARY: On page 22, Senator
15 DeFrancisco moves to discharge, from the
16 Committee on Rules, Assembly Bill Number 7137A
17 and substitute it for the identical Senate Bill
18 5007A, Third Reading Calendar 791.
19 ACTING PRESIDENT GRIFFO: The
20 substitution is ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 791, by Member of the Assembly Finch, Assembly
24 Print 7137A, an act in relation to authorizing.
25 ACTING PRESIDENT GRIFFO: There is
5527
1 a home-rule message at the desk.
2 The Secretary will read the last
3 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 ACTING PRESIDENT GRIFFO: Senator
10 DeFrancisco, are you going to explain your vote
11 or are you just standing?
12 SENATOR DeFRANCISCO: No, I'm just
13 stretching.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 That completes the noncontroversial
18 reading of supplemental 59-2.
19 SENATOR DeFRANCISCO: We will now
20 have an immediate meeting of the Finance
21 Committee, to be followed by conferences in each
22 of the conferences, the Republican, IDC, and the
23 Democrat Conference.
24 And after the conferences we'll be
25 going to Rules.
5528
1 ACTING PRESIDENT GRIFFO: There
2 will be an immediate meeting of the Senate
3 Finance Committee in Room 332. That will be
4 followed by conferences -- Republican conference,
5 Independent Democrat conference, and Democrat
6 conference -- and then a Rules agenda will be
7 taken up.
8 The Senate will stand at ease.
9 (Whereupon, the Senate stood at ease
10 at 9:17 p.m.)
11 (Whereupon, the Senate reconvened at
12 9:51 p.m.)
13 ACTING PRESIDENT GRIFFO: The
14 Senate will come to order.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: Yes. There
17 will be an immediate meeting of the Republican
18 Conference in Room 332, to be followed at 10:20
19 with a Rules Committee meeting in Room 332.
20 Senator Gianaris.
21 SENATOR GIANARIS: Thank you.
22 Mr. President, there will be an
23 immediate meeting of the Democratic Conference in
24 the Democratic Conference Room as well.
25 ACTING PRESIDENT GRIFFO: So there
5529
1 are immediate meetings of the Republican and
2 Democratic Conferences in their respective
3 conference rooms. The Senate Rules Committee
4 will meet at 10:20 in Room 332.
5 The Senate will stand temporarily at
6 ease.
7 SENATOR DeFRANCISCO: Thank you.
8 (Whereupon, the Senate stood at ease
9 at 9:51 p.m.)
10 (Whereupon, the Senate reconvened at
11 10:54 p.m.)
12 ACTING PRESIDENT GRIFFO: The
13 Senate will come to order.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Yes,
16 Mr. President. Is there a report of the Rules
17 Committee at the desk?
18 ACTING PRESIDENT GRIFFO: There is.
19 The Secretary will read.
20 SENATOR DeFRANCISCO: Before you
21 read the entire report, I'd just like you to just
22 read one bill off that report, the last bill.
23 THE SECRETARY: Senator Flanagan,
24 from the Committee on Rules, reports the
25 following bill:
5530
1 Senate Print 6827, by Senator
2 Flanagan, an act to amend the Parks, Recreation
3 and Historic Preservation Law.
4 SENATOR DeFRANCISCO: I move to
5 accept that portion of the Rules Committee
6 report.
7 THE SECRETARY: The bill is
8 reported direct to third reading.
9 ACTING PRESIDENT GRIFFO: The
10 motion is to accept that one bill particularly,
11 right now, as a report of the Rules Committee.
12 All in favor say aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO: Opposed?
15 (No response.)
16 ACTING PRESIDENT GRIFFO: The bill
17 is accepted and before the house.
18 Senator DeFrancisco.
19 SENATOR DEFRANCISCO: Can we take
20 that bill up noncontroversial. It will be on the
21 next supplemental calendar.
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 2230, by Senator Flanagan, Senate Print 6827, an
5531
1 act to amend the Parks, Recreation and Historic
2 Preservation Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section. (Pause.)
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: I'd like you
7 to call this bill up, and Senator Larkin will be
8 abstaining on this bill. Okay?
9 ACTING PRESIDENT GRIFFO: Yes, sir.
10 SENATOR DeFRANCISCO: Could we now
11 call it up on the noncontroversial reading.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 2230, by Senator Flanagan, Senate Print 6827, an
16 act to amend the Parks, Recreation and Historic
17 Preservation Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 11. 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: Senator
5532
1 Larkin.
2 SENATOR LARKIN: I abstain.
3 ACTING PRESIDENT GRIFFO: It is so
4 accepted and so noted.
5 Senator Flanagan.
6 SENATOR FLANAGAN: Mr. President, I
7 don't abstain.
8 And I want it absolutely quiet in
9 this house. Please.
10 Of all the things that we do -- you
11 guys have heard me talk about this, ladies and
12 gentlemen -- every now and then we get to do
13 stuff that is just beyond wonderful.
14 I want to thank the Governor for
15 sending up this piece of legislation. And
16 frankly, I know we have to have a message of
17 necessity, but this is probably more a message of
18 affection, adoration, respect, jubilation, all
19 those kinds of really good positive words.
20 I know the hour is late. There's an
21 iconic figure sitting right behind me. And
22 everyone in this chamber can attest to how many
23 times Bill Larkin has come up to you with a pin
24 and put it on you. So how cool is it that we get
25 to do something like this and honor our
5533
1 colleague?
2 Mr. President, I don't want to
3 belabor the point. Colonel Larkin, it is an
4 absolute pleasure to serve with you. And if we
5 do nothing else -- be careful -- if we do nothing
6 else between now and the end of session, this
7 will be a marquee achievement.
8 Mr. President, I absolutely intend
9 to vote no, and if I -- excuse me, vote yes.
10 (Laughter.)
11 SENATOR FLANAGAN: Holy mackerel.
12 (Laughter; reaction from chamber.)
13 SENATOR FLANAGAN: I'd better not
14 quit my day job.
15 ACTING PRESIDENT GRIFFO: We're
16 going to take back Senator Larkin's abstention
17 for that.
18 SENATOR FLANAGAN: Holy ma -- at
19 least I got everyone's attention, right?
20 I will vote yes twice. Thank you,
21 Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Gianaris.
24 SENATOR GIANARIS: Thank you,
25 Mr. President.
5534
1 As I was sitting in the Rules
2 Committee looking at this bill, it occurred to me
3 that I think I have a unique distinction among
4 the entire Legislature, both houses, as it
5 relates to this bill, because obviously I've
6 spent the last seven years serving with
7 Colonel Larkin here in the Senate. I spent the
8 10 years prior to that serving with Denny Farrell
9 in the Assembly. And when I was a very young
10 man -- because I'm older than I look -- I served
11 under Governor Mario Cuomo as his Queens County
12 representative.
13 And so now I have the opportunity to
14 vote to name three landmarks in our state after
15 three distinguished leaders who have served our
16 state incredibly well, and I am proud to say that
17 I have known and served with each of them and
18 look forward to visiting each of these
19 locations -- and driving over one of them -- and
20 remembering the fond memories I have of working
21 with each of them.
22 So I proudly cast my vote in the
23 affirmative, Mr. President.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator Gianaris.
5535
1 Senator Bonacic.
2 SENATOR BONACIC: I'm not going to
3 speak long.
4 This is a $10 million capital grant
5 for the Purple Heart. I would invite anyone who
6 has never been to the Purple Heart to see it.
7 This is located in Orange County for everyone in
8 America that received the Purple Heart. And with
9 this money and with the leadership of
10 Senator Larkin, it will be expanded with more
11 exhibits to honor our bravest.
12 So please put that on your bucket
13 list to go see the Purple Heart. And when you
14 get a chance, thank Senator Larkin.
15 Thank you, Mr. President. I vote
16 yes.
17 ACTING PRESIDENT GRIFFO: Thank
18 you, Senator Bonacic.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: The message
21 of necessity has not happened yet, we haven't
22 received it yet. Can we lay it aside temporarily
23 and take up the reading of the balance of the
24 Rules report.
25 ACTING PRESIDENT GRIFFO: We will
5536
1 lay that aside temporarily.
2 And we need to read the report and
3 accept it, so the Secretary will read.
4 THE SECRETARY: Senator Flanagan,
5 from the Committee on Rules, reports the
6 following bills:
7 Senate Print 2763A, by Senator
8 Golden, an act to amend the Public Health Law;
9 Senate 3018, by Senator Ritchie, an
10 act to amend the Executive Law;
11 Senate 3023A, by Senator Ritchie, an
12 act to amend the Tax Law;
13 Senate 3165B, by Senator Hamilton,
14 an act to amend the Executive Law;
15 Senate 4778, by Senator Hannon, an
16 act to amend the Education Law;
17 Senate 4845B, by Senator Lanza, an
18 act to amend the Domestic Relations Law;
19 Senate 4992, by Senator Larkin, an
20 act to amend the Lien Law;
21 Senate 5143, by Senator Lanza, an
22 act to amend the Executive Law;
23 Senate 5197B, by Senator Serino, an
24 act to amend the Navigation Law;
25 Senate 5644B, by Senator Seward, an
5537
1 act to amend the Insurance Law;
2 Senate 5753B, by Senator Lanza, an
3 act to amend the Mental Hygiene Law;
4 Senate 5779A, by Senator Hannon, an
5 act to amend the Insurance Law;
6 Senate 5828, by Senator Jacobs, an
7 act to amend the Legislative Law;
8 Senate 5842, by Senator Hannon, an
9 act to amend the Surrogate's Court Procedure Act;
10 Senate 6029A, by Senator O'Mara, an
11 act to amend the Vehicle and Traffic Law;
12 Senate 6031, by Senator Ranzenhofer,
13 an act to amend the Civil Practice Law and Rules;
14 Senate 6551A, by Senator Jacobs, an
15 act to amend the Education Law;
16 Senate 6566, by the Senate Committee
17 on Rules, an act to amend the Tax Law;
18 Senate 6603, by Senator Hannon, an
19 act to amend the Environmental Conservation Law;
20 Senate 6609, by Senator Lanza, an
21 act to amend the Social Services Law;
22 Senate 6615, by Senator Golden, an
23 act to amend the Administrative Code of the City
24 of New York;
25 Senate 6626, by Senator Golden, an
5538
1 act to amend the Real Property Tax Law;
2 Senate 6678, by Senator Benjamin, an
3 act to amend the Parks, Recreation and Historic
4 Preservation Law;
5 Senate 6680A, by Senator Hannon, an
6 act to amend the Tax Law;
7 Senate 6687, by Senator Hannon, an
8 act to amend the Public Service Law;
9 Senate 6711, by Senator Golden, an
10 act to amend the Administrative Code of the City
11 of New York;
12 Senate 6766, by Senator Golden, an
13 act to amend the Education Law;
14 Senate 6792, by Senator Klein, an
15 act to amend the Education Law;
16 And Senate 6796, by the Senate
17 Committee on Rules, an act to amend the
18 General Municipal Law.
19 All bills reported direct to third
20 reading.
21 ACTING PRESIDENT GRIFFO: I'll
22 entertain a motion, Senator DeFrancisco. Senator
23 DeFrancisco, I'll entertain a motion.
24 SENATOR DeFRANCISCO: I would move
25 to accept the report of the Rules Committee.
5539
1 ACTING PRESIDENT GRIFFO: All in
2 favor of accepting the Committee on Rules report
3 say aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: The Rules
8 Committee report is accepted and before the
9 house.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: We now have
12 Supplemental Calendar 59C that begins with --
13 ACTING PRESIDENT GRIFFO: 2182.
14 SENATOR DeFRANCISCO: -- Calendar
15 2182, by Senator Golden. Could we have the
16 noncontroversial reading, please.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 2182, by Senator Golden, Senate Print 2763A, an
21 act to amend the Public Health Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 60th day.
5540
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT GRIFFO: The bill
6 passes.
7 THE SECRETARY: Senator Ritchie
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 2819 and substitute it for
10 the identical Senate Bill 3018, Third Reading
11 Calendar 2203.
12 ACTING PRESIDENT GRIFFO: The
13 substitution is ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 2203, by Member of the Assembly Bichotte,
17 Assembly Print 2819, an act to amend the
18 Executive 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.)
5541
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT GRIFFO: The bill
3 passes.
4 THE SECRETARY: Senator Ritchie
5 moves to discharge, from the Committee on Rules,
6 Assembly Bill Number 1094A and substitute it for
7 the identical Senate Bill 3023A, Third Reading
8 Calendar 2204.
9 ACTING PRESIDENT GRIFFO: The
10 substitution is ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar
13 Number 2204, by Member of the Assembly Galef,
14 Assembly Print 1094A, an act to amend the
15 Tax 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, 62.
24 ACTING PRESIDENT GRIFFO: The bill
25 passes.
5542
1 THE SECRETARY: Senator Hamilton
2 moves to discharge, from the Committee on Rules,
3 Assembly Bill Number 2115B and substitute it for
4 the identical Senate Bill 3165B, Third Reading
5 Calendar 2205.
6 ACTING PRESIDENT GRIFFO: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 2205, by Member of the Assembly Ortiz,
11 Assembly Print 2115B, an act to amend the
12 Executive Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect on the 60th day.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT GRIFFO: The bill
22 passes.
23 THE SECRETARY: Calendar Number
24 2206, by Senator Hannon, Senate Print 4778, an
25 act to amend the Education Law.
5543
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect July 1, 2017.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Senator Lanza moves
12 to discharge, from the Committee on Rules,
13 Assembly Bill Number 5036B and substitute it for
14 the identical Senate Bill 4845B, Third Reading
15 Calendar 2207.
16 ACTING PRESIDENT GRIFFO: The
17 substitution is ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 2207, by Member of the Assembly Weprin,
21 Assembly Print 5036B, an act to amend the
22 Domestic Relations Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 5. This
5544
1 act shall take effect April 15, 2018.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT GRIFFO: Senator
6 Krueger to explain her vote.
7 SENATOR KRUEGER: Thank you,
8 Mr. Chair -- Mr. President.
9 There's been quite a bit of
10 controversy around different adoptee bills, and I
11 know that many people who have been fighting so
12 hard for a bill that goes farther on their behalf
13 may not be happy to see this bill pass tonight.
14 But I'm going to vote in the affirmative because
15 I think that it gives them some avenues they have
16 not had up till now, when they are separate to
17 seek their biological parents, often to try to
18 find out information for their own health history
19 and health needs.
20 So while I wish that we were passing
21 a stronger bill on behalf of the adoptees, I will
22 vote yes tonight. Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Krueger in the affirmative.
25 Announce the results.
5545
1 THE SECRETARY: In relation to
2 Calendar 2207, those recorded in the negative are
3 Senators Akshar, Avella, Comrie, Croci, Funke,
4 Parker and Rivera. Also Senator Murphy.
5 Ayes, 54. Nays, 8.
6 ACTING PRESIDENT GRIFFO: The bill
7 passes.
8 THE SECRETARY: Calendar Number
9 2208, by Senator Larkin, Senate Print 4992, an
10 act to amend the Lien 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, 62.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 We will be returning to the
22 temporary lay-aside on Calendar Number 2230.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 2230, by Senator Flanagan, Senate Print 6827, an
5546
1 act to amend the Parks, Recreation and Historic
2 Preservation Law.
3 ACTING PRESIDENT GRIFFO: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO: Is there a
6 message of necessity at the desk?
7 ACTING PRESIDENT GRIFFO: There is
8 a message at the desk.
9 SENATOR DeFRANCISCO: Okay. Can we
10 now take up --
11 ACTING PRESIDENT GRIFFO: All in
12 favor of accepting the message signify by saying
13 aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT GRIFFO: Opposed?
16 (No response.)
17 ACTING PRESIDENT GRIFFO: The
18 message is accepted.
19 SENATOR DeFRANCISCO: Now can we
20 vote on the bill.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 11. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
5547
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT GRIFFO: The bill
5 passes.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 2209, by Senator Lanza, Senate Print 5143, an act
9 to amend the Executive 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, 62.
18 ACTING PRESIDENT GRIFFO: The bill
19 passes.
20 THE SECRETARY: Senator Serino
21 moves to discharge, from the Committee on Rules,
22 Assembly Bill Number 6825A and substitute it for
23 the identical Senate Bill 5197B, Third Reading
24 Calendar 2210.
25 ACTING PRESIDENT GRIFFO: The
5548
1 substitution is ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 2210, by Member of the Assembly Barrett,
5 Assembly Print 6825A, an act to amend the
6 Navigation 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, 61. Nays, 1.
15 Senator Croci recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 passes.
18 THE SECRETARY: Calendar Number
19 2211, by Senator Seward, Senate Print 5644B, an
20 act to amend the Insurance Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 180th day.
25 ACTING PRESIDENT GRIFFO: Call the
5549
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61. Nays, 1.
4 Senator Golden recorded in the negative.
5 ACTING PRESIDENT GRIFFO: The bill
6 passes.
7 SENATOR FLANAGAN: Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Flanagan.
10 SENATOR FLANAGAN: I came in a
11 little bit late, and if I missed it, I apologize.
12 But if it didn't happen, I would like -- I'd
13 like, frankly, a thunderous round of applause for
14 Colonel Larkin.
15 (Extended standing ovation.)
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 2212, by Senator Lanza, Senate Print 5753B, an
20 act to amend the Mental Hygiene 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
5550
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 2213, by Senator Hannon, Senate Print 5779A, an
8 act to amend the Insurance Law.
9 ACTING PRESIDENT GRIFFO: The bill
10 is high and therefore ineligible for
11 consideration.
12 The Secretary will continue.
13 THE SECRETARY: Calendar Number
14 2214, by Senator Jacobs, Senate Print 5828, an
15 act to amend the Legislative Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect on the 90th day.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
5551
1 THE SECRETARY: Calendar Number
2 2215, by Senator Hannon, Senate Print 5842, an
3 act to amend the Surrogate's Court Procedure Act.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 19. This
7 act shall take effect on the 180th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61. Nays, 1.
12 Senator Kennedy recorded in the negative.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 2216, by Senator O'Mara, Senate Print 6029A, an
17 act to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 19. 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 ACTING PRESIDENT GRIFFO: Senator
5552
1 Krueger to explain her vote.
2 SENATOR KRUEGER: Thank you,
3 Mr. President.
4 I've debated this bill in the past.
5 I'm still on the record as being very opposed to
6 electric bikes being allowed in New York City.
7 If the bill was modified so it was
8 at local option, I might not argue at all about
9 other localities choosing to allow electric
10 bikes. But given the population density and
11 pedestrian density and car and bike density
12 already on Manhattan Island, electric bikes are a
13 real danger to pedestrians and other bikes and
14 they go too fast for the system we've set up in
15 the City of New York.
16 So it's a one-house bill, it's close
17 to the end of the night, whatever that means, but
18 I continue to be an opponent of this proposal.
19 Thank you, Mr. President.
20 ACTING PRESIDENT GRIFFO: Senator
21 Krueger in the negative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar 2216, those recorded in the negative are
25 Senators Golden, Hoylman, Krueger and Squadron.
5553
1 Also Senator Griffo. Also Senator Jacobs.
2 Ayes, 56. Nays, 6.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Senator Ranzenhofer
6 moves to discharge, from the Committee on Rules,
7 Assembly Bill Number 8032 and substitute it for
8 the identical Senate Bill 6031, Third Reading
9 Calendar 2217.
10 ACTING PRESIDENT GRIFFO: The
11 substitution is ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 2217, by Member of the Assembly Rosenthal,
15 Assembly Print 8032, an act to amend the
16 Civil Practice Law and Rules.
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, 62.
25 ACTING PRESIDENT GRIFFO: The bill
5554
1 passes.
2 THE SECRETARY: Calendar Number
3 2218, by Senator Jacobs, Senate Print --
4 SENATOR DeFRANCISCO: Lay the bill
5 aside for the day.
6 ACTING PRESIDENT GRIFFO: Lay it
7 aside for the day.
8 THE SECRETARY: Calendar Number
9 2219, by the Senate Committee on Rules, Senate
10 Print 6566, an act to amend the Tax Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 13. 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: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 2219, those recorded in the negative are
22 Senators Akshar, Benjamin, Brooks, Croci, Jacobs,
23 Kaminsky, Kennedy, Lanza, LaValle, Ortt, Parker,
24 Persaud, Phillips and Ranzenhofer. Also Senator
25 Hannon. Senator Jacobs in the affirmative.
5555
1 ACTING PRESIDENT GRIFFO:
2 Reannounce the results.
3 THE SECRETARY: In relation to
4 Calendar 2219, those recorded in the negative are
5 Senators Benjamin, Brooks, Croci, Hannon,
6 Kaminsky, Kennedy, Lanza, LaValle, Ortt, Parker,
7 Phillips and Ranzenhofer.
8 Ayes, 50. Nays, 12.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Calendar Number
12 2220, by Senator Hannon, Senate Print 6603, an
13 act to amend the Environmental Conservation Law.
14 ACTING PRESIDENT GRIFFO: Senator
15 LaValle.
16 SENATOR LaVALLE: Lay it aside for
17 the day, please.
18 ACTING PRESIDENT GRIFFO: Lay it
19 aside for the day.
20 THE SECRETARY: Senator Lanza moves
21 to discharge, from the Committee on Rules,
22 Assembly Bill Number 8251 and substitute it for
23 the identical Senate Bill 6609, Third Reading
24 Calendar 2221.
25 ACTING PRESIDENT GRIFFO: The
5556
1 substitution is ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 2221, by Member of the Assembly Weprin,
5 Assembly Print 8251, an act to amend the
6 Social Services 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, 62.
15 ACTING PRESIDENT GRIFFO: The bill
16 passes.
17 THE SECRETARY: Senator Golden
18 moves to discharge, from the Committee on Rules,
19 Assembly Bill Number 7863A and substitute it for
20 the identical Senate Bill 6615, Third Reading
21 Calendar 2222.
22 ACTING PRESIDENT GRIFFO: The
23 substitution is ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
5557
1 2222, by Member of the Assembly Farrell,
2 Assembly Print 7863A, an act to amend the
3 Administrative Code of the City of New York.
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.
12 ACTING PRESIDENT GRIFFO: The bill
13 passes.
14 THE SECRETARY: Senator Golden
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 8323 and substitute it for
17 the identical Senate Bill 6626, Third Reading
18 Calendar 2223.
19 ACTING PRESIDENT GRIFFO: The
20 substitution is ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 2223, by Member of the Assembly Farrell,
24 Assembly Print 8323, an act to amend the
25 Real Property Tax Law.
5558
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, 62.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Calendar Number
12 2224, by Senator Hannon, Senate Print 6680A, an
13 act to amend the Tax Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect on the same date and in the
18 same manner as Chapter 59 of the Laws of 2017.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT GRIFFO: Senator
23 Kaminsky to explain his vote.
24 SENATOR KAMINSKY: I just want to
25 explain why I'm voting no on this bill.
5559
1 We have taken very strong steps to
2 make Uber an important part of our state's
3 transportation system, and I think putting a
4 50 percent tax on rides beyond that is certainly
5 not what we want to be doing, especially in
6 Nassau County, to encourage its growth.
7 Uber is not a luxurious ride for the
8 rich. Especially young people take Uber every
9 day. It's become a verb: I'm going to Uber. No
10 one then says, Wow, that guy must be loaded.
11 It's something that we just do. And to put a
12 50 percent tax beyond that doesn't make sense to
13 me.
14 Especially when this very body has
15 taken very difficult steps on 5-cent plastic bags
16 at supermarkets, how can we now then be okay with
17 50 percent on top of an Uber ride? This is
18 especially true considering that a 4 percent tax
19 on Uber was done during the budget. If Nassau
20 County wanted some of that, they should have
21 negotiated for it.
22 We do need to invest in our bus
23 infrastructure in Nassau County, and I really
24 applaud the sponsor's dedication to making sure
25 that we have an important NICE bus system in
5560
1 Nassau County, because a lot of people rely on
2 it. It's their only source of transportation,
3 especially through the sponsor's district. And I
4 do really appreciate that.
5 But the county itself, who does have
6 some of the highest taxes in the country, or the
7 state that has a multi-billion-dollar budget,
8 should find another way to fund it than putting a
9 50 percent tax on top of taxes we already pay on
10 Uber rides.
11 I vote in the negative. Thank you.
12 ACTING PRESIDENT GRIFFO: Senator
13 Hannon to explain his vote.
14 SENATOR HANNON: This is a carrot
15 to people who keep this in the County of Nassau
16 if they keep Uber in play.
17 The fee that is imposed is no more
18 than what was imposed on city black cabs. So
19 that for all the protests and people voting
20 against it, you already voted for it for New York
21 City. So this is not something new.
22 I vote in the affirmative.
23 ACTING PRESIDENT GRIFFO: Announce
24 the results.
25 THE SECRETARY: In relation to
5561
1 Calendar 2224, those recorded in the negative are
2 Senators Akshar, Amedore, Bonacic, Boyle, Brooks,
3 Carlucci, Croci, Funke, Griffo, Helming, Jacobs,
4 Kaminsky, Kennedy, Latimer, Marchione, Murphy,
5 O'Mara, Ortt, Parker, Phillips, Ranzenhofer,
6 Seward and Tedisco.
7 (Pause.)
8 SENATOR DeFRANCISCO: Lay it aside
9 for the day, please.
10 ACTING PRESIDENT GRIFFO: Lay the
11 bill aside for the day.
12 THE SECRETARY: Calendar Number
13 2225, by Senator Hannon, Senate Print 6687 --
14 SENATOR DeFRANCISCO: Lay the bill
15 aside for the day.
16 ACTING PRESIDENT GRIFFO: Lay it
17 aside for the day.
18 THE SECRETARY: Calendar Number
19 2226, by Senator Golden, Senate Print --
20 SENATOR DeFRANCISCO: Lay the bill
21 aside for the day.
22 ACTING PRESIDENT GRIFFO: Lay it
23 aside for the day.
24 THE SECRETARY: Calendar Number
25 2227, by Senator Golden, Senate Print 6766, an
5562
1 act to amend the Education Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 5. 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 2227, those recorded in the negative are
11 Senators Benjamin, Comrie, Gianaris, Hoylman,
12 Kennedy, Krueger, Ortt, Parker, Persaud, Rivera,
13 Squadron and Stavisky.
14 Ayes, 50. Nays, 12.
15 ACTING PRESIDENT GRIFFO: The bill
16 passes.
17 THE SECRETARY: Calendar Number
18 2228, by Senator Klein, Senate Print 6792, 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 immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
5563
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 passes.
5 THE SECRETARY: Calendar Number
6 2229, by the Senate Committee on Rules,
7 Senate Print 6796, an act to amend the
8 General Municipal Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 6. This
12 act shall take effect on the same date and in the
13 same manner as Chapter 394 of the Laws of 2016.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT GRIFFO: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar 2229, those recorded in the negative are
21 Senators Brooks, Croci, DeFrancisco, Hoylman,
22 Kaminsky, Ortt, Phillips, Ranzenhofer and
23 Squadron. Also Senator LaValle. Also Senator
24 Serino.
25 ACTING PRESIDENT GRIFFO:
5564
1 Reannounce the results.
2 THE SECRETARY: In relation to
3 Calendar 2229, those recorded in the negative are
4 Senators Brooks, Croci, DeFrancisco, Griffo,
5 Hoylman, Kaminsky, Krueger, LaValle, Ortt,
6 Phillips, Ranzenhofer, Serino and Squadron. Also
7 Senator Rivera.
8 Ayes, 48. Nays, 14.
9 ACTING PRESIDENT GRIFFO: The bill
10 passes.
11 THE SECRETARY: Senator Benjamin
12 moves to discharge, from the Committee on Rules,
13 Assembly Bill Number 6867 and substitute it for
14 the identical Senate Bill 6678, Third Reading
15 Calendar 2231.
16 ACTING PRESIDENT GRIFFO: The
17 substitution is ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 2231, by Member of the Assembly Dickens,
21 Assembly Print 6867, an act to amend the Parks,
22 Recreation and Historic Preservation Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
5565
1 act shall take effect on the 120th day.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Would you
8 please recognize Senator Gianaris.
9 ACTING PRESIDENT GRIFFO: We
10 haven't taken a vote yet, though.
11 Do you want to explain your vote,
12 Senator Benjamin?
13 Senator Benjamin to explain his
14 vote.
15 SENATOR BENJAMIN: I'm excited to
16 be voting yes on this bill.
17 This bill will create a heritage
18 area that will cover historic Harlem in
19 Northern Manhattan, and it would allow us to
20 provide the kind of resources to help make sure
21 that this area will always be remembered
22 regardless of who lives there.
23 And one of the things I know that we
24 all would be excited about is making sure that
25 the areas that we are from, that we believe in --
5566
1 I'm a Harlemite, I love Harlem, and I want to
2 make sure that when my time is gone, that the
3 people who are here will remember the Harlem that
4 I knew and loved.
5 So I will vote yes on this bill, and
6 I'm excited about it. Thank you.
7 ACTING PRESIDENT GRIFFO: Senator
8 Benjamin to be recorded in the affirmative.
9 The Secretary will announce the
10 results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 Senator Gianaris.
15 SENATOR GIANARIS: Thank you,
16 Mr. President.
17 This may be the last bill we pass
18 this session, but it is the first bill passed by
19 Senator Benjamin, so please congratulate him.
20 (Enthusiastic applause.)
21 ACTING PRESIDENT GRIFFO:
22 Congratulations, Senator Benjamin.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: Is there a
25 message from the Assembly at the desk?
5567
1 ACTING PRESIDENT GRIFFO: There is.
2 The Secretary will read.
3 THE SECRETARY: The Assembly sent
4 for concurrence the following bill:
5 On motion by Senator Flanagan, the
6 rules are suspended and said bill ordered to a
7 third reading: Assembly 2325.
8 ACTING PRESIDENT GRIFFO: So
9 ordered.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Could you
12 please take up that bill presently.
13 ACTING PRESIDENT GRIFFO: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 2232, by Member of the Assembly Thiele, Assembly
17 Print 2325, an act to amend the Indian 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, 62.
5568
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 Senator DeFrancisco, that completes
4 the noncontroversial reading of Supplemental
5 Calendar 59C.
6 SENATOR DeFRANCISCO: Can we return
7 to reports of standing committees.
8 ACTING PRESIDENT GRIFFO: We will
9 return to reports of standing committees.
10 SENATOR DeFRANCISCO: Is there a
11 report from the Finance Committee at the desk?
12 ACTING PRESIDENT GRIFFO: There is
13 a report of the Finance Committee before the
14 desk.
15 The Secretary will read.
16 ACTING PRESIDENT GRIFFO: Senator
17 Young, from the Committee on Finance, reports the
18 following nominations:
19 As chairman and chief executive
20 officer of the Metropolitan Transportation
21 Authority, Joseph J. Lhota, of New York.
22 ACTING PRESIDENT GRIFFO: Senator
23 Young.
24 SENATOR YOUNG: Thank you,
25 Mr. President.
5569
1 Tonight I am putting forward the
2 name of Joseph Lhota as chairman and chief
3 executive officer of the MTA.
4 Mr. Lhota previously served as the
5 MTA chairman and chief executive officer from
6 2011 to 2012. Mr. Lhota also has previously
7 served the City of New York as deputy mayor of
8 operations, budget director, and commissioner of
9 the Department of Finance from 1994 to 2001.
10 Obviously the MTA system is in the
11 throes of a crisis right now -- with service
12 problems, track problems, all kinds of issues
13 that are emerging -- and we need a strong leader
14 at the helm. And so that's why Mr. Lhota's name
15 is being put forward tonight.
16 ACTING PRESIDENT GRIFFO: The
17 question is on the nomination of Joseph J. Lhota
18 as chairman and chief executive officer of the
19 Metropolitan Transportation Authority. All in
20 favor say aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT GRIFFO: Opposed?
23 (No response.)
24 ACTING PRESIDENT GRIFFO: Joseph J.
25 Lhota has been confirmed as chairman and chief
5570
1 executive officer of the Metropolitan
2 Transportation Authority.
3 The Secretary will continue.
4 THE SECRETARY: As a member of the
5 New York State Gaming Commission, Gerald Skurnik,
6 of New York.
7 ACTING PRESIDENT GRIFFO: Senator
8 Young.
9 SENATOR YOUNG: Mr. President, I
10 move the nomination.
11 ACTING PRESIDENT GRIFFO: The
12 question is on the nomination of Gerald Skurnik
13 as a member of the New York State Gaming
14 Commission. All in favor say aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GRIFFO: Opposed?
17 (No response.)
18 ACTING PRESIDENT GRIFFO: Gerald
19 Skurnik has been confirmed as a member of the
20 New York State Gaming Commission.
21 The Secretary will continue.
22 THE SECRETARY: As a member of the
23 State Public Transportation Safety Board, John
24 Samuelsen, of Brooklyn.
25 ACTING PRESIDENT GRIFFO: Senator
5571
1 Young.
2 SENATOR YOUNG: Mr. President, I
3 move the nomination.
4 ACTING PRESIDENT GRIFFO: The
5 question is on the nomination of John Samuelsen
6 as a member of the State Public Transportation
7 Safety Board. All in favor say aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT GRIFFO: Opposed?
10 (No response.)
11 ACTING PRESIDENT GRIFFO: John
12 Samuelsen has been confirmed as a member of the
13 State Public Transportation Safety Board.
14 The Secretary will continue.
15 THE SECRETARY: As commissioner of
16 the Ohio River Valley Water Sanitation
17 Commission, Michael P. Wilson, Ph.D., of Dunkirk.
18 ACTING PRESIDENT GRIFFO: Senator
19 Young.
20 SENATOR YOUNG: Mr. President,
21 Mr. Wilson is a constituent of mine. He does a
22 great job; this is a very important effort. And
23 so I move the nomination.
24 ACTING PRESIDENT GRIFFO: The
25 question is on the nomination of Michael P.
5572
1 Wilson as a commissioner of the Ohio River Valley
2 Water Sanitation Commission. All in favor say
3 aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: Michael
8 P. Wilson has been confirmed as a commissioner of
9 the Ohio River Valley Water Sanitation
10 Commission.
11 The Secretary will continue.
12 THE SECRETARY: As a member of the
13 Capital District Transportation Authority,
14 Jayme B. Lahut, of Niskayuna.
15 ACTING PRESIDENT GRIFFO: Senator
16 Young.
17 SENATOR YOUNG: Mr. President, on
18 behalf of Senator Robach, I move the nomination.
19 ACTING PRESIDENT GRIFFO: The
20 question is on the nomination of Jayme B. Lahut
21 as a member of the Capital District
22 Transportation Authority. All in favor say aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT GRIFFO: Opposed?
25 (No response.)
5573
1 ACTING PRESIDENT GRIFFO: Jayme B.
2 Lahut has been confirmed as a member of the
3 Capital District Transportation Authority.
4 That completes the report of the
5 Finance Committee, Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Thank you.
7 ACTING PRESIDENT GRIFFO: Senator
8 DeFrancisco.
9 SENATOR DeFRANCISCO: Would you
10 please call on Senator Stewart-Cousins.
11 ACTING PRESIDENT GRIFFO: I'm going
12 to ask for some order in the house, because I
13 know we have a number of people in the house
14 right now. So please can we have order.
15 And Senator Stewart-Cousins is
16 recognized.
17 SENATOR STEWART-COUSINS: Thank
18 you, Mr. President.
19 I can't believe it. It's the end of
20 the session. And I know we promised that there
21 would be very, very short speeches because I
22 think people are ready to, you know, begin their
23 time in the district.
24 But I did want to, first and
25 foremost, thank my colleagues. I thank Senator
5574
1 Klein for working with us. And I want to thank
2 Senator Flanagan, who has been gracious in terms
3 of extending the courtesies to our conference,
4 especially the new members. It has been
5 heartening to see progress made in that way.
6 I also want to thank the Governor,
7 obviously, who manages to keep it all moving, and
8 certainly express my delight in the names that
9 have happened, including his dad, Mario, and of
10 course my good friend Senator Larkin and
11 Assemblyman Farrell.
12 I also want to give a shout out to
13 Speaker Heastie, who has been a great progressive
14 leader and someone who I'm always happy to
15 partner with as we move the agenda forward.
16 I want to thank, as always, the
17 staff on both sides. We all know how difficult
18 this work is, especially in these final days when
19 everything has to be cranked out. And as we
20 sometimes sit around and wait, our staffs are
21 never sitting and waiting. So I really thank the
22 staffs on both sides in every conference.
23 And I want to obviously especially
24 thank my team: My chief of staff, Suzy
25 Ballantyne, who does all kinds of things, like
5575
1 rescuing people from elevators.
2 (Laughter.)
3 SENATOR STEWART-COUSINS: And I
4 want to thank Shontell, who has taken on numerous
5 roles, not only the counsel, but also finance,
6 and does a tremendous job, as does my
7 communications director, Mike Murphy. It's not
8 always easy to stay on message and make the
9 message clear, but this team has made it happen.
10 And I want to thank, of course, my
11 deputy, Senator Gianaris, for making the trains
12 run on time here, making the floor work look
13 easier than it really is.
14 And I think really, again, it's a
15 tremendous asset to have a team and partners who
16 can make things better even if they're difficult.
17 And of course each and every member
18 of our conference from the newbies to those of
19 you who have labored in these vineyards a very,
20 very long time. You have done it, again, with
21 class, with dignity, with intelligence, with a
22 focus on the people who you represent. And it is
23 a pleasure and an honor to be the leader, and it
24 is a pleasure and an honor to see the ideas that
25 you bring and the heavy lifting that you do to
5576
1 get the smallest things done sometimes.
2 This is an end-of-session speech,
3 but the reality is is that I don't know if it is.
4 Because there's stuff and, you know, there's
5 things that we have yet to do.
6 When I think of my conference, I
7 think of the admonition that Bishop Desmond Tutu
8 told us. He said if you're neutral in situations
9 of injustice, you have chosen the side of the
10 oppressor. This conference has never been quiet,
11 we've never been neutral, we've stood up for all
12 New Yorkers, and we've made our voices heard.
13 And because we're probably going to
14 have a different take than a lot of the other
15 speeches that you'll hear, you know, we've got to
16 make our voices heard even as we leave.
17 We know that we have to do something
18 about mayoral control. We know that 1.1 million
19 students are waiting for our leadership. There
20 are other things that we know we ought to do. We
21 know there is more criminal justice reform that
22 we have to do. We know we can do the DREAM Act.
23 We know, we know after 11 years we can pass the
24 Child Victims Act. We know we can pass strong
25 ethics reforms. We know we can be one of those
5577
1 states that have early voting. And we also know
2 that we can do more for our LGBTQ brothers and
3 sisters, because this chamber has not passed a
4 bill addressing the LGBTQ community for six
5 years.
6 We know we have to do more with
7 climate change. We know we are looking at an
8 uncertain future with our healthcare and that we,
9 as New Yorkers, have to act to protect all the
10 people in the state. We know that we still
11 haven't dealt with the woman's right to choose.
12 And I know that my words in this session again
13 are a little bit tougher than what you're going
14 to hear, but it's because I know we can, we will,
15 we must do more.
16 But I also know that we all need a
17 bit of a break, and I'm certainly happy to take
18 it. And I'm certainly happy to wish each and
19 every one of you a wonderful summer, an enjoyable
20 summer.
21 Thank you again for your
22 collegiality. Thank you for allowing me the
23 honor to be serving in a chamber with such great
24 people. I look forward to what we can continue
25 to do, all the things that we know we can do when
5578
1 we come back next year. But I believe it will be
2 sooner.
3 Thank you so very, very much.
4 (Standing ovation.)
5 ACTING PRESIDENT GRIFFO: Senator
6 Klein.
7 SENATOR KLEIN: Thank you,
8 Mr. President.
9 I know the evening is late, so I
10 will be brief. But I do want to thank my
11 colleagues Senator Cousins and Senator Flanagan.
12 But most of all, I want to say a very special
13 thank you to each and every one of the members of
14 the Independent Democratic Conference.
15 You know, we set out this
16 legislative session to put forth, I think, a very
17 robust agenda on once again helping the middle
18 class and the working class. And I think we
19 accomplished a lot of that in the budget.
20 We recognized that individuals who
21 are paying high property tax, especially senior
22 citizens, need relief, and we did that. We did a
23 program, thanks to Governor Cuomo, of offering
24 free college education for SUNY and CUNY
25 students, as well as providing expanded TAP. I
5579
1 think we recognized something, that the middle
2 class was left out as far as all college tuition
3 breaks are concerned, and I think we accomplished
4 that.
5 I also want to thank my two
6 colleagues Marisol Alcantara and Senator Peralta
7 because they never let up on helping our
8 immigrant community understand and know their
9 rights. I think the two of them recognize a very
10 simple truth: We're all Americans. We all came
11 from someplace else. And we have to recognize
12 that we're better as a society when we recognize
13 who we are and where we came from. And I thank
14 them for that.
15 As far as moving forward in this
16 final session, we were able to get things done
17 that I think will help all New Yorkers. I'm very
18 proud of, again, Senator Alcantara. We did --
19 something we didn't do in a long time is help
20 women- and minority-owned businesses really reach
21 their potential.
22 I want to thank Senator Hamilton for
23 Brianna's Law, something that he worked very,
24 very hard on and got it done in just one year.
25 I want to thank Senator Carlucci for
5580
1 never forgetting that he represents hardworking
2 New Yorkers who care so much about making sure
3 their schools are the best, their schools are
4 safe, and their senior citizens can live out
5 their golden years in comfort and dignity.
6 Senator Savino once again led the
7 charge to protect people who are in severe pain,
8 through the use of medical marijuana.
9 And of course the deputy of the IDC,
10 Senator Valesky, never lets us forget that we're
11 one state and we always have to recognize the
12 upstate community and all their needs.
13 While we accomplished a lot -- and
14 I'm certainly looking forward, like most of you,
15 to getting back to our districts, because I think
16 when we're up here, we listen to a lot of people.
17 You know, I think some mean very, very well.
18 Some are lobbyists, some are activists; we're
19 always pulled in different directions. And
20 they're always telling us what's best for our
21 constituents. But I think the best way to
22 accomplish that is when we go home.
23 When I speak to my constituents, it
24 really grounds me. Because some of the issues
25 that people think are the most important in the
5581
1 world don't resonate in our district. They still
2 care about getting ahead. They still care about
3 property taxes. They still care about a public
4 school system that they hope will be second to
5 none. So these are the things that I think we
6 still need to accomplish and still need to get
7 done.
8 And I'm hopeful, again -- like we
9 all hope for a long break; I hope this break is a
10 very short one. I hope we come back very, very
11 soon. Because as someone who proudly represents
12 areas of the City of New York, I think there's a
13 lot of things we need to do to help our great
14 city. I think we all have to take that statewide
15 approach.
16 But I think when we come back, we
17 need to do a continuation of mayoral control. We
18 need to give something as important as educating
19 our young people -- the buck has to stop with the
20 City of New York and the mayor of the City of
21 New York. And I hope we accomplish that, and I
22 hope we can actually make it even better and
23 hopefully engage parents more in the process.
24 Because I think once we engage parents in the
25 process, that's how we truly educate our young
5582
1 people to their fullest potential.
2 I think we have to make sure that
3 design-build takes place for the City of
4 New York. We have some great projects --
5 bridges, roadways -- that need to get done. And
6 I think we need that process to be able to
7 streamline it, get it done well, and make sure
8 that it's union-built.
9 We also have to make sure that we do
10 speed cameras. That's something that I'm very
11 proud of that I did the original program, through
12 Mayor Bloomberg. It was sort of a pilot program
13 where it's something is simple as making sure
14 people don't speed around schools. You would
15 think that's a no-brainer. But yet I think what
16 we've done by installing these speed cameras --
17 and now Senator Peralta is picking up the torch
18 to expand it even more -- has gone a long way
19 towards reducing fatalities.
20 You know, let's face it, someone
21 comes to me -- very often, a lot of people in my
22 district -- and says, Hey I just got a ticket for
23 speeding by a school. I said, "Did you know
24 there was a school there? And they said, "Yeah,
25 but I didn't know there was a camera."
5583
1 (Laughter.)
2 SENATOR KLEIN: Well, you know
3 something? That's the last time they're going to
4 speed by that school.
5 So it's a program that works. I
6 hope it can be enhanced. And I hope when we come
7 back, we can do just that.
8 So I want to say thank you again to
9 Senator Flanagan. It's always a pleasure to work
10 with him. He's always very knowledgeable about
11 the issues of the day.
12 But again, I think as much as we
13 want and deserve a long break, we need to come
14 back real soon because we really need to get the
15 people's business done before we break for this
16 new year.
17 So with that, I want to thank all my
18 colleagues on both sides of the aisle. I think
19 we can be very proud of a lot of the work that we
20 did do, but make sure we accomplish more when we
21 do come back and finish.
22 Thank you all very much.
23 (Standing ovation.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Flanagan.
5584
1 SENATOR FLANAGAN: Mr. President,
2 thank you.
3 I want to start by thanking Senator
4 Stewart-Cousins for her continued friendship and
5 camaraderie.
6 I really want to thank Senator Klein
7 for everything, everything that we've worked on
8 together.
9 By extension, to sort of follow up
10 on what our colleagues have already said, I'm
11 going to do a little bit more broad strokes. You
12 all have heard me say this before: I'm proud to
13 be a public servant.
14 By the way, Senator Benjamin,
15 congratulations, first bill. I remember my first
16 bill 31 years ago, so --
17 (Laughter.)
18 SENATOR FLANAGAN: Anyway, just the
19 notion of being in public service. And we should
20 all be proud of the fact that we are public
21 servants. Even if we're elected officials, sure.
22 But all these people we have here standing
23 around, some sitting, some standing, they're all
24 public servants -- at the desk, all around. And
25 they're all good people. They work hard, they
5585
1 have priorities. And I'm grateful for the
2 service of everyone, certainly particularly my
3 own personal staff, but all of the staff that
4 work for us here on the floor and on behalf of
5 the Senate Majority. So to all of you, I am
6 grateful.
7 Senator Griffo, I told you I know
8 you're doing a good job because my mom talks
9 about you, and she likes you.
10 (Laughter.)
11 SENATOR FLANAGAN: She thinks you
12 do a great job up there. And you have a sense of
13 humor, which is always important.
14 Senator Gianaris, I want to thank
15 you and, in conjunction, clearly, clearly,
16 clearly thank John DeFrancisco for being the
17 floor leader. Leader. And I know on many days
18 he feels like he's herding cats, trying to get
19 everybody back in here to vote on legislation.
20 But we do get the people's business done.
21 So I listened to my colleagues and,
22 you know, one thing I didn't hear -- when I think
23 about who we are and what we're doing and what
24 we've advocated for, we all have our local
25 issues, we have our broader issues. But I think
5586
1 the focus of our conference is about the
2 taxpayer. The people who are writing the checks,
3 paying the taxes, trying to run a small business,
4 trying to get their kids through school, trying
5 to figure out how to pay for college, trying to
6 figure out how to take care of elderly family
7 members or loved ones.
8 So we do have our priorities. And I
9 think we've met many of them, and I frankly think
10 we've distinguished ourselves in terms of our
11 advocacy in areas like education, transportation,
12 environment, healthcare. And so I'm going to
13 just in a broad sense say I'm very proud of the
14 work that we've advocated for and accomplished as
15 the Senate Majority.
16 And I think of a couple of different
17 things that are out here, so I'm just going to
18 keep it relatively concise.
19 By the way, I'm also very
20 grateful -- I want to thank the Governor and I
21 want to thank the Speaker. And it is a pretty
22 cool day -- Senator Gianaris, you spoke to this
23 very directly. Denny Farrell, I adore that guy.
24 The notion that we could do something to honor
25 him. And I had a very good working relationship
5587
1 with Governor Cuomo's father. So that's sort of
2 a hat trick in terms of good stuff that we can do
3 in any given day.
4 In relation to where we are, I think
5 we have done the people's business and we
6 continue to do so. Now, do we have bumps along
7 the way? Absolutely. But I'm going to give you
8 an example.
9 We have a lot of our colleagues who
10 have advocated for relief for their local
11 governments, be it counties, towns or villages.
12 So we've passed individual pieces of legislation
13 to protect their financial interests. We did it
14 on a stand-alone basis.
15 And no matter what portion of the
16 state one may hail from, we did them all. We did
17 them all, no strings attached. So we don't have
18 to worry about whether or not we've done the
19 people's business in that regard, because we
20 certainly have.
21 Senator Stewart-Cousins as well as
22 Senator Klein spoke to a couple of issues that
23 are outstanding. Just in case anyone might have
24 missed, I believe in mayoral control. And
25 there's been five votes since 2002 -- '02, 03,
5588
1 '09, '15, '16. I've voted for mayoral control
2 five times, along with many of my colleagues who
3 are here and even our newer members. So we
4 believe in mayoral control.
5 Are we there yet? No. Have we had
6 very productive discussions? Yes. And frankly
7 that's one of the reasons that we're here at this
8 late hour, because we have tried to negotiate and
9 compromise and come up with a product that
10 everyone can live with. And by God, it's not
11 easy. It's not easy, whether we're talking about
12 teachers or children. Let's make sure that we
13 still focus on children and parents first. That
14 shall be our most important obligation.
15 And there are other things that we
16 can come back and do. And I've heard people
17 speculate about what's happening at the federal
18 level or what may happen at the federal level.
19 And people have said if we need to come back to
20 Albany, we can come back.
21 But we did a novel thing. Senator
22 Griffo helped set the legislative calendar.
23 Today is June 21st. And on the calendar it says
24 it's the last day of session. So I think we're
25 doing the right thing, keeping to a schedule,
5589
1 letting people know, having some certainty. And
2 if we need to come back, whatever the case may
3 be, we will come back. If the people's business
4 is undone in any way, shape or form, we will come
5 back.
6 And a lot of the bills that people
7 have talked about, some of them don't expire
8 right away. That should not forestall us from
9 having activity and getting appropriate
10 legislation done.
11 But as we leave here today, I am
12 comfortable that we are doing the people's
13 business, protecting the taxpayers, trying to do
14 the right thing, spur economic development,
15 create jobs, reduce regulatory burdens all across
16 the State of New York. So I want to be clear.
17 If we need to come back, we will come back. When
18 it's appropriate to come back, we will come back.
19 But everyone will be informed, and we will do
20 everything we can to effectuate compromise in a
21 way that meets the needs of children in the great
22 City of New York and people all throughout the
23 State of New York.
24 Mr. President, I appreciate your
25 indulgence. And Senator DeFrancisco reminded me
5590
1 the longevity of my remarks would mean if we
2 didn't stop now, that we would not make it before
3 midnight.
4 So to all of you, thank you very
5 much.
6 (Standing ovation.)
7 ACTING PRESIDENT GRIFFO: Senator
8 DeFrancisco.
9 SENATOR DeFRANCISCO: I have one
10 more motion. I wish to call up Calendar Bill
11 613, Assembly Print 6048.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 631, by Member of the Assembly Zebrowski,
16 Assembly Print 6048, an act to amend the
17 Civil Practice Law and Rules.
18 SENATOR DeFRANCISCO: I now move to
19 reconsider the vote by which this Assembly bill
20 was substituted for Senator Bonacic's bill,
21 Senate Print 4869, on June 6.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll on reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
5591
1 SENATOR DeFRANCISCO: I now move
2 that Assembly Bill 6048 be committed to the
3 Committee on Rules and that Senator Bonacic's
4 bill be restored to the order of the
5 Third Reading Calendar.
6 ACTING PRESIDENT GRIFFO: It is so
7 ordered.
8 SENATOR DeFRANCISCO: Is there any
9 further business at the desk?
10 ACTING PRESIDENT GRIFFO: I'm going
11 to take a motion to recommit the calendar,
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: I'm going to
14 do that. But first I'd like to see whether
15 there's any further business at the desk. I
16 appreciate the help, but --
17 (Laughter.)
18 ACTING PRESIDENT GRIFFO: No
19 further business.
20 ACTING PRESIDENT GRIFFO: Okay. In
21 that case, I move to rerecommit the calendar of
22 bills to the Rules Committee.
23 ACTING PRESIDENT GRIFFO: The
24 calendar is recommitted.
25 SENATOR DeFRANCISCO: And I now
5592
1 move to adjourn to a date and time at the call of
2 the Temporary President of the Senate,
3 intervening days being legislative days.
4 ACTING PRESIDENT GRIFFO: On
5 motion, the Senate will stand adjourned until the
6 call of the Temporary President, intervening days
7 being legislative days.
8 The Senate is adjourned.
9 (Whereupon, at 11:58 p.m., the
10 Senate adjourned.)
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