2802
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 14, 2018
11 3:10 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
2803
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise and
5 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: Very well
10 done by our students up there.
11 (Laughter.)
12 ACTING PRESIDENT GRIFFO: In the
13 absence of clergy, I would ask all present to
14 please bow your heads in a moment of silent
15 reflection and/or prayer.
16 (Whereupon, the assemblage respected
17 a moment of silence.)
18 ACTING PRESIDENT GRIFFO: The
19 reading of the Journal.
20 THE SECRETARY: In Senate, Sunday,
21 May 13th, the Senate met pursuant to adjournment.
22 The Journal of Saturday, May 12th, was read and
23 approved. On motion, Senate adjourned.
24 ACTING PRESIDENT GRIFFO: Without
25 objection, the Journal will stand approved as
2804
1 read.
2 Presentation of petitions.
3 Messages from the Assembly.
4 The Secretary will read.
5 THE SECRETARY: On page 55, Senator
6 Gallivan moves to discharge, from the Committee
7 on Crime Victims, Crime and Correction, Assembly
8 Bill Number 10159 and substitute it for the
9 identical Senate Bill 8048, Third Reading
10 Calendar 856.
11 ACTING PRESIDENT GRIFFO: The
12 substitution is so ordered.
13 Messages from the Governor.
14 Reports of standing committees.
15 Reports of select committees.
16 Communications and reports of state
17 officers.
18 Motions and resolutions.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO:
21 Mr. President, on page 12 I offer the following
22 amendments to Calendar 46, Senate Print 7318, by
23 you, and ask that said bill retain its place on
24 the Third Reading Calendar.
25 ACTING PRESIDENT GRIFFO: The
2805
1 amendments are received. The bill shall retain
2 its place on third reading.
3 SENATOR DeFRANCISCO: On page 55, I
4 offer the following amendments to Calendar 849,
5 Senate Print 7373A, by Senator Ritchie, and ask
6 that said bill retain its place on the Third
7 Reading Calendar.
8 ACTING PRESIDENT GRIFFO: The
9 amendments are received. The bill shall retain
10 its place on third reading.
11 SENATOR DeFRANCISCO: On page 64, I
12 offer the following amendments to Calendar 983,
13 Senate Print 8093, by Senator Hannon, and ask
14 that said bill retain its place on the Third
15 Reading Calendar.
16 ACTING PRESIDENT GRIFFO: The
17 amendments are received. The bill shall retain
18 its place on third reading.
19 SENATOR DeFRANCISCO: I wish to
20 call up Senator Little's bill, Print Number 1317,
21 recalled from the Assembly, which is now at the
22 desk.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
2806
1 189, by Senator Little, Senate Print 1317, an act
2 to amend the Real Property Law.
3 SENATOR DeFRANCISCO:
4 Mr. President, I now move to reconsider the vote
5 by which the bill was passed.
6 ACTING PRESIDENT GRIFFO: The
7 Secretary will call the roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 47.
10 SENATOR DeFRANCISCO: I now offer
11 the following amendments.
12 ACTING PRESIDENT GRIFFO: The
13 amendments are received.
14 SENATOR DeFRANCISCO: I wish to
15 call up Senator Lanza's bill, Print 6211,
16 recalled from the Assembly, which is now at the
17 desk.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 1067, by Senator Lanza, Senate Print 6211, an act
22 to amend the Penal Law.
23 SENATOR DeFRANCISCO: I now move to
24 reconsider the vote by which this bill was
25 passed.
2807
1 ACTING PRESIDENT GRIFFO: Call the
2 roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 47.
5 SENATOR DeFRANCISCO: I now offer
6 the following amendments.
7 ACTING PRESIDENT GRIFFO: The
8 amendments are received.
9 SENATOR DeFRANCISCO: Now,
10 Mr. President, can we take up previously adopted
11 Resolution 3454, by Senator Marchione, read the
12 title only, and call on the Senator to speak.
13 ACTING PRESIDENT GRIFFO: The
14 Secretary will read.
15 THE SECRETARY: Legislative
16 Resolution Number 3454, by Senator Marchione,
17 celebrating the life and accomplishments of
18 Dr. James Melius, 9/11 hero and public health
19 expert.
20 ACTING PRESIDENT GRIFFO: Senator
21 Marchione.
22 SENATOR MARCHIONE: Thank you,
23 Mr. President.
24 I rise to speak on my resolution
25 honoring the lifework and principled advocacy of
2808
1 Dr. James Melius, a respected, highly effective
2 and compassionate advocate on behalf of America's
3 9/11 rescue and recovery workers.
4 We all remember how we felt on that
5 agonizing day of 9/11, the horrific images, the
6 devastation, the thousands of American lives lost
7 from attacks perpetrated by cowardly, murderous
8 terrorists. Dr. Melius certainly thought about
9 that, and he thought about the people performing
10 recovery work at Ground Zero -- difficult,
11 draining and dangerous work.
12 Dr. Melius advocated for the 3,000
13 members of the State Laborers Local Unions who
14 served as 9/11 responders. In the aftermath of
15 9/11, Dr. Melius dispatched inspectors to protect
16 the health and safety of members who responded to
17 the disaster and were working on-site.
18 On September 12, 2007, in testimony
19 before the House Committee on Education and
20 Labor, Dr. Melius held the federal government
21 accountable for problems that arose with 9/11
22 worker safety. Dr. Melius called for advanced
23 training and preparation for catastrophic events,
24 and federal funding for 9/11 health monitoring.
25 He was far ahead of his time and
2809
1 absolutely devoted to protecting the health,
2 safety and well-being of our heroic 9/11 first
3 responders.
4 Dr. Melius served as a passionate
5 advocate for passage of the James Zadroga 9/11
6 Health and Compensation Act of 2010, an important
7 law to provide health monitoring and financial
8 aid to the first responders, volunteers and
9 survivors of the 9/11 attacks, named after James
10 Zadroga, a New York Police Department officer
11 whose tragic death was linked to exposures from
12 the World Trade Center disaster.
13 Sadly, Dr. Melius died at his home
14 in Copake Falls in my 43rd Senate District on
15 January 1, 2018, at the age of 69. He is
16 survived by his wife, the former Melanie Boice;
17 his sons, Jeremy and Ehren Melius; and many
18 friends and colleagues and admirers who honor the
19 memory of this tireless champion of 9/11 worker
20 safety.
21 We have guests on the floor who are
22 standing, and I would like to recognize them;
23 they are here in support of Dr. Melius' life and
24 his work: Jeremy Delgado, field coordinator for
25 LECET, and Barrie Smith, Local 79 business agent
2810
1 and president of 100 Black Construction Workers.
2 Both are from Laborers International.
3 I welcome you to the New York State
4 Senate, and I thank my colleagues for their
5 support of this important resolution.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Mayer.
9 SENATOR MAYER: Thank you,
10 Mr. President.
11 I rise in support of Senator
12 Marchione's resolution and to draw attention to
13 the long history and advocacy of Dr. James
14 Melius, who had a lifelong commitment to the
15 challenges of working people and particularly was
16 a leader long before his time and long before it
17 became popular to address the challenges of the
18 workplace that working men and women face.
19 One part of his life that is not
20 spoken about enough is a part that I knew from
21 1987 to 1994, when he served under Governor Mario
22 Cuomo, as the director of the Center for
23 Environmental Health in the New York State
24 Department of Health. During that time, he
25 created, under his leadership, a network of
2811
1 community health centers to serve working people
2 throughout the state, from Buffalo to
3 Long Island.
4 He said at that time -- and he
5 changed the ethos of that time, because he said
6 it was not up to the company doctor to decide
7 whether a worker could go back to work, but
8 rather you had to have an independent physician
9 review the health condition of a worker. And
10 that was a game changer in the world of working
11 men and women, who had been sent back to work
12 time and time again by company doctors who were
13 paid for by their employer.
14 He also made clear that what you
15 didn't know could kill you, and that exposure to
16 toxic chemicals was an enormous threat to working
17 people that had not been attended to.
18 He was a leader. He was a champion.
19 And even before 9/11, where he showed such
20 extraordinary leadership, time and time again he
21 stood up for working people and stood against
22 those who threatened their health and ignored
23 their very legitimate concerns.
24 It was my privilege when I got to
25 meet Jeremy Delgado and Barrie Smith today, and
2812
1 Mr. Smith told me that Dr. James Melius actually
2 saved his life when he was exposed to carbon
3 monoxide poisoning. That is the kind of
4 individual story that we should remember when we
5 reflect on the life of Dr. James Melius. He
6 saved individual lives and collectively he saved
7 the lives of thousands if not millions of
8 New York workers who had a champion and someone
9 who realized that their lives had value.
10 Thank you for giving me the
11 opportunity. And I know on behalf of all my
12 colleagues, I extend my condolences to his family
13 and all those who loved him.
14 Thank you, Mr. President.
15 ACTING PRESIDENT GRIFFO: Thank
16 you, Senator Mayer.
17 As indicated, the resolution was
18 adopted this year on January 23rd of 2018.
19 The resolution is open for
20 cosponsorship. Please notify the desk if you
21 choose to be a cosponsor.
22 We want to welcome Mr. Delgado and
23 Mr. Smith here today. We express our
24 appreciation and thanks for your work and for you
25 being here in the chamber today, and extend the
2813
1 courtesies of the house to you.
2 Let's acknowledge these gentlemen,
3 please.
4 (Standing ovation.)
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: That
8 resolution is open for cosponsorship. And if
9 you'd like to cosponsor, please notify the desk.
10 ACTING PRESIDENT GRIFFO: So noted.
11 Could you please take up previously
12 adopted Resolution 5059, by Senator Klein, title
13 only, and call on Senator Klein to speak.
14 ACTING PRESIDENT GRIFFO: The
15 Secretary will read.
16 THE SECRETARY: Legislative
17 Resolution Number 5059, by Senator Klein,
18 honoring Melissa Salguero upon the occasion of
19 her designation as recipient of the 2018 GRAMMY
20 Music Educator Award by The Recording Academy and
21 GRAMMY Foundation.
22 ACTING PRESIDENT GRIFFO: Senator
23 Klein.
24 SENATOR KLEIN: Thank you,
25 Mr. President.
2814
1 I rise today to honor not only an
2 outstanding teacher, but also an outstanding
3 class in P.S. 48, the Joseph Drake Elementary
4 School, in the Hunts Point section of the Bronx.
5 Today we honor an outstanding
6 teacher named Melissa Salguero. But I want to
7 tell you something, P.S. 48 in the Hunts Point
8 section of the Bronx, never ceases to amaze me.
9 Several years ago a class at P.S. 48 actually
10 identified a slave burial ground in the
11 Hunts Point section of the Bronx.
12 Many of you may not know, but at one
13 time people like the Hunts, the Drakes were slave
14 owners. And here was a group of students, led by
15 one of their teachers that defied archeologists
16 over the years and, through their own research,
17 identified the area as a slave burial ground,
18 which is now verified by several museums.
19 And here we are once again to honor
20 a great teacher, a great class who --
21 Ms. Salguero received the 2018 GRAMMY Music
22 Educator Award by The Recording Academy and
23 GRAMMY Foundation.
24 Here's a young woman who personifies
25 what's great about our public school teachers.
2815
1 She came from Florida and, within eight years of
2 teaching at this great school, developed an
3 entire music program. When Ms. Salguero came to
4 the school, they had no school song, they didn't
5 even have any instruments. She immediately, on
6 her own, raised over $200,000 and developed a
7 first-rate music program.
8 And she actually works her students
9 in a way where she finds a tie between not only
10 music, but music and science. And she's
11 somebody who also was honored in 2013 by the
12 Lincoln Center Arts Teacher of the Year Award,
13 she actually was on the Ellen Degeneres Show, she
14 was named one of the semifinalists for the 2017
15 Music Educator Award. And she uses these skills
16 to make sure her young people at her school are
17 really getting the education that I think should
18 be required of every young person within our
19 school system.
20 She actually has a very simple
21 credo. She teaches her students to work hard,
22 dream big, and never give up.
23 So today I want to welcome the
24 students of P.S. 48, led by their outstanding
25 teacher, and I hope you'll give them the
2816
1 courtesy of our house today and recognize their
2 outstanding achievements and the achievement of
3 truly an outstanding teacher we all can be proud
4 of.
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: It was
8 already mentioned by the president here today
9 that you did a great job with the Pledge of
10 Allegiance. In fact, that was the most
11 enthusiastic pledge that we've had all year long.
12 (Laughter.)
13 SENATOR DeFRANCISCO: Keep up that
14 spirit of the United States, and keep up the good
15 work you're doing. And thank you. Thanks to
16 your teacher, who's obviously setting a wonderful
17 example for all of you. Okay? Okay. Thank you.
18 (Laughter.)
19 (Standing ovation.)
20 ACTING PRESIDENT GRIFFO: You'll
21 get a chance to do it all over again.
22 Senator Bailey.
23 SENATOR BAILEY: Please don't clap
24 for me. Or if you want to, please do. But I
25 just wanted to thank Senator Klein for
2817
1 introducing this resolution.
2 One of the most pivotal moments in
3 my life was sixth grade, Mr. Kirschenbaum in
4 M.S. 181. I played alto sax. And understanding
5 how music really got together left brain thinking
6 and right brain thinking made me a better
7 student, it made me more accomplished, it made me
8 more focused, and it allowed me to do things in
9 my life -- not necessarily musical, because I
10 really didn't get that gene too much, but it
11 allowed me to think in a creative and critical
12 thinking at the same time.
13 So Ms. Salguero, I salute you. I
14 salute your children in P.S. 48. And keep making
15 the Bronx great. I'm born and bred in the Bronx.
16 Continue to make us proud here in the Bronx.
17 Thank you very much.
18 (Applause.)
19 ACTING PRESIDENT GRIFFO: Senator
20 Alcantara.
21 SENATOR ALCANTARA: I want to thank
22 Senator Klein for bringing Ms. Salguero and the
23 students from Hunts Point here to Albany so they
24 can get experience of the halls of power, where a
25 lot of students from the low-income communities
2818
1 don't have access to come to these places and see
2 what takes place. So thank you very much,
3 Senator Klein.
4 And we were just speaking about you
5 guys yesterday, because we too have a slave
6 burial ground in my district, District 31 in
7 Washington Heights.
8 So thank you for being here,
9 Ms. Salguero. Thank you for all you do, for most
10 of these kids that are black and brown kids come
11 from low-income communities. And I hope that
12 someday you guys too can look at all of us here
13 and realize that you too can run for office and
14 that you too can be sitting here.
15 Again, thank you, Senator Klein from
16 the bottom of my heart for giving these kids the
17 opportunity to be here to see what Albany looks
18 like. And hopefully you guys are going to be the
19 future governors and senators of the State of
20 New York.
21 Thank you, Ms. Salguero, and thank
22 you for bringing a group of black and Latino kids
23 to Albany to see what it's like.
24 Muchas gracias, felicidades!
25 (Applause.)
2819
1 ACTING PRESIDENT GRIFFO: As
2 indicated, the resolution was previously adopted
3 on May 8th of this year.
4 Again, we want to recognize and
5 congratulate Melissa Salguero for being here
6 today and being such an outstanding role model,
7 and also want to thank all of the students from
8 P.S. 48 for being here. And just like a Grammy,
9 stand up and we'll give you an encore, okay?
10 (Standing ovation.)
11 ACTING PRESIDENT GRIFFO: Senator
12 DeFrancisco.
13 SENATOR DeFRANCISCO: Would you
14 please recognize Senator Marcellino for an
15 introduction.
16 ACTING PRESIDENT GRIFFO: Senator
17 Marcellino.
18 SENATOR MARCELLINO: Thank you,
19 Mr. President.
20 We are visited today by a good
21 friend of mine who served in the other house --
22 you know, the one down the hall a little bit. He
23 now serves as supervisor of the town of Oyster
24 Bay, and he's doing a heck of a job. Supervisor
25 Joseph Saladino. He's been here, he's come here,
2820
1 and he'll be -- he's worked with me constantly on
2 issues relative to the town that shares my
3 district. And he's a good guy and a good friend.
4 If we could, Mr. President,
5 recognize him and give him the courtesies of the
6 house.
7 ACTING PRESIDENT GRIFFO:
8 Supervisor Saladino, welcome to the house.
9 Welcome back. We can sing, if you'd like. I
10 know he's got a great musical talent also.
11 And he's here without a tin cup,
12 right?
13 (Laughter.)
14 ACTING PRESIDENT GRIFFO: Thank you
15 for being here, and God bless.
16 (Applause.)
17 ACTING PRESIDENT GRIFFO: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: It's always
20 nice to have somebody who served in the big
21 house.
22 (Laughter.)
23 SENATOR DeFRANCISCO: Can we now
24 take up previously adopted Resolution 4855, by
25 Senator Carlucci, title only, and call on Senator
2821
1 Carlucci to speak.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: Legislative
5 Resolution Number 4855, by Senator Carlucci,
6 memorializing Governor Andrew M. Cuomo to
7 proclaim August 2018 as Indian-American Heritage
8 Month in the State of New York.
9 ACTING PRESIDENT GRIFFO: Senator
10 Carlucci.
11 SENATOR CARLUCCI: Thank you,
12 Mr. President.
13 I rise to pay tribute to the
14 Indian-Americans across New York State. And
15 we're fortunate that in the United States we are
16 home to over 3 million Indian-Americans
17 throughout the country. And in fact, in New York
18 State we have the largest concentration of
19 Indian-Americans right in the New York
20 metropolitan area.
21 And in Rockland County, my home
22 community, we have -- and we're fortunate to be
23 graced with the presence of so many members of --
24 the India Cultural Society of Rockland County.
25 And through their volunteers, they dedicate
2822
1 timeless devotion to spreading and sharing the
2 deep, rich culture of India with all of the
3 residents of our community. So it's one of the
4 great reasons to live and to raise a family in
5 our community.
6 And we're doing this proclamation to
7 proclaim August as Indian-American Heritage Month
8 to pay tribute to India Independence Day, which
9 is on August 15th of 1947. And we commemorate
10 that with a parade down Main Street in New City,
11 usually around the hottest day of the year, as my
12 friends will attest to.
13 But we're also fortunate that we
14 have with us today the first female
15 Indian-American county legislator elected in the
16 United States, Aney Paul, who is with us here
17 today. Thank you for being here.
18 (Applause.)
19 SENATOR CARLUCCI: And what's
20 really exciting is India is soon to be the
21 largest country in the world by population. The
22 United Nations predicts that -- what time is it?
23 No -- by 2022, India will be the world's largest
24 country and right now is the world's largest
25 democracy.
2823
1 And we're fortunate that we've
2 gotten the best and the brightest from India here
3 in the United States. In fact, over 70 percent
4 of Indian-Americans have at least a bachelor's
5 degree and have contributed so much to every
6 facet of our society, whether it's cuisine or
7 dance or medicine, law, you name it.
8 So we are fortunate because of the
9 Indian-American experience and the contribution
10 that they have made to New York State and our
11 nation. So it's with great honor and privilege
12 that we proclaim August as Indian-American
13 Heritage Month in the State of New York.
14 Thank you for allowing me to present
15 this presentation, and thank you for our guests
16 that are here today. Thank you so much.
17 ACTING PRESIDENT GRIFFO: Thank
18 you, Senator Carlucci.
19 The resolution has been previously
20 adopted on May 1st of this year.
21 We would like to extend a warm
22 welcome to all our guests in the chamber today.
23 Please rise and be recognized as we begin to
24 commemorate, in August, Indian-American Heritage
25 Month. Thank you very much for being here.
2824
1 (Standing ovation.)
2 ACTING PRESIDENT GRIFFO: Both
3 Senator Klein's and Senator Carlucci's
4 resolutions are open for cosponsorship. Should
5 you choose to be a cosponsor, please notify the
6 desk.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO:
9 Mr. President, on page 34 I offer the following
10 amendments to Calendar 539, Senate Print 3651A,
11 by Senator Felder, and ask that said bill retain
12 its place on the Third Reading Calendar.
13 ACTING PRESIDENT GRIFFO: The
14 amendments are received. The bill shall retain
15 its place on third reading.
16 SENATOR DeFRANCISCO: Can we now
17 take up the noncontroversial reading of the
18 calendar.
19 ACTING PRESIDENT GRIFFO: The
20 Secretary will begin the noncontroversial reading
21 of the active list for Monday, May 14th.
22 THE SECRETARY: Calendar Number 88,
23 by Senator Comrie, Senate Print 3872, an act to
24 amend the Agriculture and Markets Law.
25 ACTING PRESIDENT GRIFFO: Read the
2825
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.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 142, by Senator Bonacic, Senate Print 1064A, an
12 act to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of November.
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
24 242, by Senator Young, Senate Print 5462A, an act
25 to amend the Education Law.
2826
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, 58. Nays, 1.
9 Senator Montgomery recorded in the negative.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 301, by Senator Golden, Senate Print 5593A, an
14 act to amend the Retirement and Social Security
15 Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
2827
1 THE SECRETARY: Calendar Number
2 500, by Senator --
3 SENATOR KLEIN: Lay the bill aside
4 for the day, please.
5 ACTING PRESIDENT GRIFFO: The bill
6 is laid aside for the day.
7 THE SECRETARY: Calendar Number
8 679, by Senator Amedore, Senate Print 5375, an
9 act to amend the Real Property Tax Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the first of January.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 743, by Senator Akshar, Senate Print 3770A, an
22 act to amend the Retirement and Social Security
23 Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
2828
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 ACTING PRESIDENT GRIFFO: Senator
7 DeFrancisco to explain his vote.
8 SENATOR DeFRANCISCO: Yes, I'm
9 going to have to vote no on this bill.
10 I understand -- and I love police
11 officers and firefighters. But on the other
12 hand, to assume, to make a presumption on every
13 case where an officer or a firefighter is
14 presumed to have contracted strep or MRSA as
15 being done in the line of duty, I think is a
16 little bit overbroad. These types of
17 diseases are contracted or infections are
18 contracted by everybody in hospitals.
19 And I just think if there's a case
20 where this was contracted by a firefighter or a
21 police officer, I think it would be relatively
22 easy to prove. But to create a presumption I
23 think is overreaching.
24 So for that reason, despite my love
25 for these public servants, I vote no.
2829
1 ACTING PRESIDENT GRIFFO: Senator
2 DeFrancisco to be recorded in the negative.
3 Announce the results.
4 THE SECRETARY: Ayes, 57. Nays, 2.
5 Senators DeFrancisco and Little recorded in the
6 negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 753, by Senator Marcellino, Senate Print 1188, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58. Nays, 1.
20 Senator Montgomery recorded in the negative.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 755, by Senator Marcellino, Senate Print 1258, an
25 act to amend the Vehicle and Traffic Law.
2830
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of November.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58. Nays, 1.
9 Senator Montgomery recorded in the negative.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 765, by Senator Lanza, Senate Print 6212A, an act
14 to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2831
1 771, by Senator Marchione, Senate Print 208, an
2 act to amend the General Business Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 6. This
6 act shall take effect on the 30th day.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 787, by Senator Lanza, Senate Print 2632, an act
15 to establish.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
2832
1 THE SECRETARY: Calendar Number
2 815, by Senator Ortt, Senate Print 258, an act to
3 amend the Penal Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. 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, 57. Nays, 2.
12 Senators Krueger and Montgomery recorded in the
13 negative.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 826, by Senator Griffo, Senate Print 2729, an act
18 to amend the Criminal Procedure 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.)
2833
1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 856, substituted earlier by Member of the
6 Assembly Weprin, Assembly Print 10159, an act to
7 amend the Correction Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 961, by Senator Ritchie, Senate Print 3021, an
20 act to amend the Education Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of September.
25 ACTING PRESIDENT GRIFFO: Call the
2834
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 967, by Senator Bonacic, Senate Print 1031, an
8 act to amend the Education Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 970, by Senator Hannon, Senate Print 2246, 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 on the first of January.
2835
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 988, by Senator O'Mara, Senate Print 7950, an act
9 to amend Chapter 84 of the Laws of 2010.
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, 58. Nays, 1.
18 Senator Serrano recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 993, by Senator O'Mara, Senate Print 8100, an act
23 to amend Chapter 122 of the Laws of 2000.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
2836
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, 59.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 996, by Senator Seward, Senate Print 421, an act
11 to amend the Penal Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 998, by Senator Robach, Senate Print 1007, an act
24 to amend the Penal Law.
25 ACTING PRESIDENT GRIFFO: Read the
2837
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.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 Senator DeFrancisco, that completes
11 the noncontroversial reading of today's
12 active-list calendar before the house.
13 SENATOR DeFRANCISCO: There will be
14 an immediate meeting of the Rules Committee in
15 Room 332.
16 ACTING PRESIDENT GRIFFO: There's
17 an immediate meeting of the Rules Committee in
18 Room 332.
19 The Senate is at ease.
20 (Whereupon, the Senate stood at ease
21 at 3:39 p.m.)
22 (Whereupon, the Senate reconvened at
23 3:47 p.m.)
24 ACTING PRESIDENT GRIFFO: The
25 Senate will return to order.
2838
1 Senator DeFrancisco.
2 SENATOR DeFRANCISCO: One moment,
3 please. I jumped the gun.
4 (Pause.)
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Is there a
8 report of the Rules Committee at the desk?
9 ACTING PRESIDENT GRIFFO: There is
10 a report of the Rules Committee at the desk.
11 SENATOR DeFRANCISCO: Please read.
12 ACTING PRESIDENT GRIFFO: The
13 Secretary will read.
14 Can I have some order in the
15 chamber, please.
16 THE SECRETARY: Senator Flanagan,
17 from the Committee on Rules, reports the
18 following bills:
19 Senate Print 1100A, by Senator
20 Rivera, an act to amend the Vehicle and Traffic
21 Law;
22 Senate 2588, by Senator Serino, an
23 act to amend the Environmental Conservation Law;
24 Senate 2621, by Senator Serino, an
25 act to amend the Public Health Law;
2839
1 Senate 3816, by Senator LaValle, an
2 act authorizing;
3 Senate 3880, by Senator Ranzenhofer,
4 an act to amend the Environmental Conservation
5 Law;
6 Senate 6926, by Senator Hannon, an
7 act to amend the Public Health Law;
8 Senate 7168, by Senator Serino, an
9 act to amend the Public Health Law;
10 Senate 7169, by Senator Serino, an
11 act to amend the Public Health Law;
12 Senate 7208, by Senator Serino, an
13 act to amend the Public Health Law;
14 Senate 7242, by Senator Serino, an
15 act to amend the Parks, Recreation and Historic
16 Preservation Law;
17 Senate 7904A, by Senator Helming, an
18 act to amend the Alcoholic Beverage Control Law;
19 Senate 8534, by Senator Serino, an
20 act to amend the Education Law;
21 And Senate 8539, by Senator Serino,
22 an act directing.
23 All bills reported direct to third
24 reading.
25 SENATOR DeFRANCISCO: I move to
2840
1 accept the report of the Rules Committee.
2 ACTING PRESIDENT GRIFFO: All in
3 favor of accepting the Committee on Rules report
4 signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT GRIFFO: Opposed?
7 (No response.)
8 ACTING PRESIDENT GRIFFO: The
9 committee report is accepted and is before the
10 house.
11 Senator DeFrancisco.
12 SENATOR DeFRANCISCO: We're now
13 going to take up two bills on Senate Supplemental
14 Calendar Number 42A. The first bill is Calendar
15 1141, by Senator Rivera.
16 ACTING PRESIDENT GRIFFO: Okay,
17 Senate Supplemental Calendar 42A is on your
18 desks.
19 And the Secretary will read Calendar
20 Number 1141, by Senator Rivera.
21 THE SECRETARY: Calendar Number
22 1141, by Senator Rivera, Senate Print 1100A, an
23 act to amend the Vehicle and Traffic Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
2841
1 THE SECRETARY: Section 7. This
2 act shall take effect one year after it shall
3 have become a law.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Now can we
12 take up Calendar Number 1155, by Senator Helming.
13 ACTING PRESIDENT GRIFFO: Calendar
14 Number 1155, by Senator Helming. The Secretary
15 will read.
16 THE SECRETARY: In relation to
17 Calendar Number 1155, Senator Helming moves to
18 discharge, from the Committee on Investigations
19 and Government Operations, Assembly Bill Number
20 10012A and substitute it for the identical Senate
21 Bill 7904A, Third Reading Calendar 1155.
22 ACTING PRESIDENT GRIFFO: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
2842
1 1155, by Member of the Assembly Morelle, Assembly
2 Print 10012A, an act to amend the Alcoholic
3 Beverage Control 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, 59.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 Senator DeFrancisco, that completes
15 the noncontroversial reading of the bills that
16 you've assigned and identified.
17 SENATOR DeFRANCISCO: Could we now
18 ask you, is there any further business at the
19 desk?
20 ACTING PRESIDENT GRIFFO: There is
21 no further business before the desk.
22 SENATOR DeFRANCISCO: That being
23 the case, I move to adjourn until Tuesday,
24 May 15th, at 3:00 p.m.
25 ACTING PRESIDENT GRIFFO: On
2843
1 motion, the Senate will stand adjourned until
2 Tuesday, May 15th, at 3:00 p.m.
3 The Senate is adjourned.
4 (Whereupon, at 3:52 p.m., the Senate
5 adjourned.)
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