Regular Session - June 3, 2013
2745
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 3, 2013
11 4:21 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR DAVID J. VALESKY, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
2746
1 P R O C E E D I N G S
2 ACTING PRESIDENT VALESKY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT VALESKY: With us
10 today to an offer an invocation is Reverend Dale
11 Jensen, who is the senior pastor at Saratoga
12 Abundant Life Church in Saratoga Springs.
13 REVEREND JENSEN: Can we pray?
14 Almighty God, we pray that Your
15 hand would be upon this Senate assembly. I pray
16 Your blessing upon each individual Senator.
17 Lord, I know all the decisions that
18 need to be made here are beyond any human
19 understanding, so I ask that You would grace
20 every single Senator with the ability to see the
21 right and the truth and the things that are best
22 for this state.
23 Lord, I pray for great counsel for
24 each one of the Senators. Lord, I know counsel
25 makes a difference in any one of our lives, so I
2747
1 pray for great counselors in each one of their
2 lives.
3 Lord, I pray for their spouses. I
4 pray a blessing over their spouses as they give
5 their time and their energy to the state. I
6 pray, God, that You put peace in their homes. I
7 pray, Father, for their children. I pray, God,
8 a blessing and protection for their whole
9 family.
10 And, Lord, I pray that for every
11 single Senator in this place they might sense
12 Your presence, they might sense Your awareness,
13 and they might sense Your grace to fill every
14 need that they have. And I pray it in Jesus'
15 name.
16 Amen.
17 ACTING PRESIDENT VALESKY: The
18 reading of the Journal.
19 The Secretary will read.
20 THE SECRETARY: In Senate, Sunday,
21 June 2nd, the Senate met pursuant to
22 adjournment. The Journal of Saturday, June 1st,
23 was read and approved. On motion, Senate
24 adjourned.
25 ACTING PRESIDENT VALESKY: Without
2748
1 objection, the Journal stands approved as read.
2 Presentation of petitions.
3 Messages from the Assembly.
4 Messages from the Governor.
5 Reports of standing committees.
6 Reports of select committees.
7 Communications and reports from
8 state officers.
9 Motions and resolutions.
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President, I
12 believe there's a resolution previously adopted
13 at the desk, Number 301, by Senator
14 DeFrancisco. It was adopted on January 29th.
15 Could you please read it in its entirety and
16 then call on Senator DeFrancisco.
17 ACTING PRESIDENT VALESKY: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 301, by Senator DeFrancisco,
21 congratulating the CNY United Power Soccer Team
22 upon the occasion of winning the 2012 National
23 Power Soccer Tournament.
24 "WHEREAS, Excellence in competitive
25 team sports is achieved only through strenuous
2749
1 practice, determination and strategic planning,
2 nurtured by dedicated coaching; and
3 "WHEREAS, The people of the State of
4 New York take great pride in honoring those
5 talented individuals who distinguish themselves
6 and their community through outstanding team
7 spirit, character, and athletic performance; and
8 "WHEREAS, Attendant to such concern,
9 and in full accord with its long-standing
10 traditions, this Legislative Body is justly proud
11 to hereby recognize and congratulate CNY United
12 upon the occasion of winning the 2012 National
13 Power Soccer Tournament; and
14 "WHEREAS, CNY United, a power soccer
15 team in Central New York, was founded in 2005;
16 the 2012 team was comprised of these members:
17 Skyler Canute, Andrew Cunningham, Ryan
18 Charboneau, Tony Reuter, Peyton Sefick, Hunter
19 Schaffer, Hali Whyland, Morgan Reakes, Helena
20 Schmidt, Sarah Hamlin, and Anthony Guarino; and
21 "WHEREAS, Power soccer, which is
22 played by athletes in motorized wheelchairs,
23 requires a great deal of teamwork, court sense,
24 patience, vision, and timing; and
25 "WHEREAS, After months of rigorous
2750
1 practice and travel for out-of-state
2 competitions, CNY United qualified for the 2012
3 National Power Soccer Tournament, which was held
4 in Fort Wayne, Indiana, on July 15, 2012; and
5 "WHEREAS, CNY United finished 4-0-1
6 in the 2012 National Power Soccer Tournament,
7 after beating the home team of Fort Wayne with a
8 score of 3-1 during the tournament's championship
9 game; and
10 "WHEREAS, CNY United prevailed
11 victorious during the 2012 National Power Soccer
12 Tournament due to the unbeatable combination of
13 outstanding talent, sportsmanship, team effort,
14 and perseverance; and
15 "WHEREAS, The notable efforts
16 displayed by CNY United are due in great part to
17 the dedicated forces of Head Coach Jim Sefick and
18 Assistant Coach Tom Cunningham, along with
19 Equipment Manager Ken Keppel, Mark Charboneau,
20 and Alis Sefick; and
21 "WHEREAS, Members of CNY United have
22 also received the loyal support of family,
23 friends and the community at large throughout the
24 entire season; now, therefore, be it
25 "RESOLVED, That this Legislative
2751
1 Body pause in its deliberations to recognize and
2 congratulate CNY United upon the occasion of
3 winning the 2012 National Power Soccer
4 Tournament; the travel team members are Skyler
5 Canute, Andrew Cunningham, Ryan Charboneau,
6 Tony Reuter, and Peyton Sefick; and be it further
7 "RESOLVED, That copies of this
8 resolution, suitably engrossed, be transmitted to
9 the athletes and coaches of CNY United."
10 ACTING PRESIDENT VALESKY: Senator
11 DeFrancisco on the previously adopted resolution.
12 SENATOR DeFRANCISCO: Thank you.
13 I'm pleased to welcome the great
14 national champion CNY United Power Soccer Team.
15 And they're right here by the clock with their
16 great coach, Jim Sefick, and some of the
17 relatives are up in the gallery proudly watching
18 their team today in this Senate chamber.
19 This team has gone all over the
20 country to play power soccer, and they were
21 successful in winning the national championship.
22 But that's not something any of you would be
23 surprised about, because we win national
24 championships in Central New York all the time.
25 This is just another one in the long line of
2752
1 national championships that we are responsible
2 for.
3 We're really proud of all of you.
4 It was a wonderful effort. And I've gone to a
5 practice. I wouldn't get in one of those chairs
6 because some of these guys are ruthless. They're
7 banging the chairs against each other. I was
8 afraid I was going to get hurt on the sidelines.
9 This is a contact sport, believe me.
10 So we welcome you all here today,
11 congratulate you, and best of success in the
12 future.
13 Thank you.
14 ACTING PRESIDENT VALESKY:
15 Congratulations to the members of the Central
16 New York United Power Soccer Team on the occasion
17 of winning the national championship, and we
18 welcome you here to Albany and hope you enjoy
19 your day.
20 (Standing ovation.)
21 ACTING PRESIDENT VALESKY: Senator
22 Libous.
23 SENATOR LIBOUS: Thank you,
24 Mr. President.
25 I believe Senator Gianaris and
2753
1 Senator Carlucci both have motions. So however
2 you want to handle it.
3 ACTING PRESIDENT VALESKY: Very
4 good.
5 Senator Gianaris.
6 SENATOR GIANARIS: Thank you,
7 Mr. President.
8 On behalf of Senator Latimer, on
9 page 27 I offer the following amendments to
10 Calendar 231, Senate Print 2122, and ask that
11 said bill retain its place on Third Reading
12 Calendar.
13 ACTING PRESIDENT VALESKY: The
14 amendments are received. The bill will retain
15 its place on the Third Reading Calendar.
16 Senator Carlucci.
17 SENATOR CARLUCCI: Mr. President, I
18 wish to call up your bill, Print Number 2170,
19 recalled from the Assembly, which is now at the
20 desk.
21 ACTING PRESIDENT VALESKY: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 180, by Senator Valesky, Senate Print 2170, an
25 act to amend the Environmental Conservation Law.
2754
1 ACTING PRESIDENT VALESKY: Senator
2 Carlucci.
3 SENATOR CARLUCCI: Mr. President, I
4 now move to reconsider the vote by which this
5 bill was passed.
6 ACTING PRESIDENT VALESKY: The
7 Secretary will call the roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT VALESKY: Senator
11 Carlucci.
12 SENATOR CARLUCCI: Mr. President, I
13 now offer the following amendments.
14 ACTING PRESIDENT VALESKY: The
15 amendments are received.
16 Senator Libous.
17 SENATOR LIBOUS: On behalf of
18 Senator Martins, Mr. President, on page 46 I
19 offer the following amendments to Calendar Number
20 662, Senate Print 1987, and ask that said bill
21 retain its place on the Third Reading Calendar.
22 ACTING PRESIDENT VALESKY: The
23 amendments are received.
24 SENATOR LIBOUS: On behalf of
25 Senator Golden, I call up his bill, 3754,
2755
1 recalled from the Assembly, which is now at the
2 desk.
3 ACTING PRESIDENT VALESKY: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 175, by Senator Golden, Senate Print 3754, an act
7 to amend the Public Housing Law.
8 ACTING PRESIDENT VALESKY: Senator
9 Libous.
10 SENATOR LIBOUS: I now move to
11 reconsider the vote by which this bill was
12 passed.
13 ACTING PRESIDENT VALESKY: The
14 Secretary will call the roll on reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT VALESKY: Senator
18 Libous.
19 SENATOR LIBOUS: Mr. President, I
20 offer up the following amendments.
21 ACTING PRESIDENT VALESKY: The
22 amendments are received.
23 SENATOR LIBOUS: On behalf of
24 Senator Griffo, Mr. President, I call up his
25 bill, 2233, recalled from the Assembly, which is
2756
1 now at the desk.
2 ACTING PRESIDENT VALESKY: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 267, by Senator Griffo, Senate Print 2233, an act
6 to amend the State Technology Law.
7 ACTING PRESIDENT VALESKY: Senator
8 Libous.
9 SENATOR LIBOUS: I move to
10 reconsider the vote by which this bill was
11 passed.
12 ACTING PRESIDENT VALESKY: The
13 Secretary will call the roll on reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT VALESKY: Senator
17 Libous.
18 SENATOR LIBOUS: Mr. President, I
19 now offer up the following amendments.
20 ACTING PRESIDENT VALESKY: Those
21 amendments are received.
22 SENATOR LIBOUS: Mr. President, on
23 behalf of Senator Young, I call up her bill,
24 Senate Print 3923A, recalled from the Assembly,
25 which is now at the desk.
2757
1 ACTING PRESIDENT VALESKY: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 340, by Senator Young, Senate Print 3923A, an act
5 to amend the Highway Law.
6 ACTING PRESIDENT VALESKY: Senator
7 Libous.
8 SENATOR LIBOUS: Mr. President, I
9 now move to reconsider the vote by which this
10 bill was passed.
11 ACTING PRESIDENT VALESKY: The
12 Secretary will call the roll on reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT VALESKY: Senator
16 Libous.
17 SENATOR LIBOUS: Mr. President, I
18 offer up the following amendments.
19 ACTING PRESIDENT VALESKY: The
20 amendments are received.
21 SENATOR LIBOUS: On behalf of
22 Senator Golden, I call up his bill, 4422A,
23 recalled from the Assembly, which is now at the
24 desk.
25 ACTING PRESIDENT VALESKY: The
2758
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 418, by Senator Golden, Senate Print 4422A, an
4 act to amend the Executive Law.
5 ACTING PRESIDENT VALESKY: Senator
6 Libous.
7 SENATOR LIBOUS: Mr. President, I
8 move to reconsider the vote by which this bill
9 was passed.
10 ACTING PRESIDENT VALESKY: The
11 Secretary will call the roll on reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT VALESKY: Senator
15 Libous.
16 SENATOR LIBOUS: Mr. President, I
17 offer up the following amendments.
18 ACTING PRESIDENT VALESKY: Those
19 amendments are received.
20 SENATOR LIBOUS: Mr. President, on
21 behalf of Senator Maziarz, I wish to call up his
22 bill, Senate Print 1122, recalled from the
23 Assembly, which is now at the desk.
24 ACTING PRESIDENT VALESKY: The
25 Secretary will read.
2759
1 THE SECRETARY: Calendar Number
2 573, by Senator Maziarz, Senate Print 1122, an
3 act to amend the Public Officers Law.
4 ACTING PRESIDENT VALESKY: Senator
5 Libous.
6 SENATOR LIBOUS: Mr. President, I
7 now move to reconsider the vote by which this
8 bill was passed.
9 ACTING PRESIDENT VALESKY: The
10 Secretary will call the roll on reconsideration.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60.
13 SENATOR LIBOUS: Mr. President, I
14 offer up the following amendments.
15 ACTING PRESIDENT VALESKY: The
16 amendments are received.
17 SENATOR LIBOUS: Thank you,
18 Mr. President.
19 And I have a number of amendments to
20 make here. Let me start, Mr. President. I want
21 to offer amendments to the following Third
22 Reading Calendar bills.
23 The first one is on behalf of
24 Senator Ritchie, page 34, Calendar Number 407,
25 Senate Print 4302.
2760
1 On behalf of Senator Zeldin,
2 page 38, Calendar Number 490, Senate Print
3 4132A.
4 On behalf of Senator LaValle,
5 page 44, Calendar Number 617, Senate Print 2006.
6 On behalf of Senator Gallivan,
7 page 23, Calendar Number 74, Senate Print 583C.
8 On behalf of Senator Felder, page
9 44, Calendar 624, Senate Print 4529A.
10 On behalf of Senator Felder,
11 page 45, Calendar Number 644, Senate Print 4880.
12 And the most important one, on
13 behalf of Senator Libous, on page 27 -- that was
14 a joke. I just wondered if everybody was
15 listening.
16 (Laughter.)
17 SENATOR LIBOUS: -- on page 27,
18 Calendar 208, Senate Print 4191A.
19 Mr. President, I now move that these
20 bills retain their place on the Third Reading
21 Calendar, please.
22 ACTING PRESIDENT VALESKY: All
23 amendments have been received; all bills shall
24 retain their place on the Third Reading
25 Calendar.
2761
1 Senator Libous.
2 SENATOR LIBOUS: Mr. President, I
3 believe members are about to take their seats so
4 that we could have order in the chamber, and we
5 will now do the reading of the noncontroversial
6 calendar.
7 ACTING PRESIDENT VALESKY: I would
8 ask all Senators to be seated so that we may
9 proceed with the noncontroversial reading of
10 today's calendar.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number 36,
13 by Senator Bonacic, Senate Print 1884, an act to
14 amend the Environmental Conservation Law.
15 ACTING PRESIDENT VALESKY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of July.
19 ACTING PRESIDENT VALESKY: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT VALESKY: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 36, those recorded in the
2762
1 negative are Senators Espaillat, Gipson,
2 Hassell-Thompson, Hoylman, Krueger, Marcellino,
3 Rivera, Sanders, Serrano, Stavisky and Tkaczyk.
4 Ayes, 50. Nays, 11.
5 ACTING PRESIDENT VALESKY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 102, by Senator Maziarz, Senate Print 3806C, an
9 act to amend the Energy Law.
10 ACTING PRESIDENT VALESKY: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT VALESKY: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60. Nays,
18 1. Senator Espaillat recorded in the negative.
19 ACTING PRESIDENT VALESKY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 148, by Senator Larkin, Senate Print 274A, an act
23 to amend the Retirement and Social Security Law.
24 ACTING PRESIDENT VALESKY: Read the
25 last section.
2763
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT VALESKY: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT VALESKY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 284, by Senator LaValle, Senate Print 3059B, an
11 act to amend the Environmental Conservation Law.
12 ACTING PRESIDENT VALESKY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT VALESKY: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar Number 284, those recorded in the
21 negative are Senators Espaillat, Gipson, Kennedy,
22 and Serrano.
23 Ayes, 57. Nays, 4.
24 ACTING PRESIDENT VALESKY: The bill
25 is passed.
2764
1 THE SECRETARY: Calendar Number
2 318, by Senator LaValle, Senate Print 1555, an
3 act to amend the Education Law.
4 ACTING PRESIDENT VALESKY: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT VALESKY: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT VALESKY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 326, by Senator Klein, Senate Print 2369A, an act
16 to amend the Local Finance Law.
17 ACTING PRESIDENT VALESKY: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect January 1, 2014.
21 ACTING PRESIDENT VALESKY: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT VALESKY: The bill
2765
1 is passed.
2 THE SECRETARY: Calendar Number
3 327, by Senator Zeldin, Senate Print 2925B, an
4 act to authorize.
5 ACTING PRESIDENT VALESKY: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT VALESKY: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: In relation to
13 Calendar 327, those recorded in the negative are
14 Senators Bonacic, Larkin and O'Mara.
15 Ayes, 59. Nays, 3.
16 ACTING PRESIDENT VALESKY: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 331, by Senator Griffo, Senate Print 4122, an act
20 in relation to a certain agreement.
21 ACTING PRESIDENT VALESKY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT VALESKY: Call the
2766
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61. Nays,
4 1. Senator Krueger recorded in the negative.
5 ACTING PRESIDENT VALESKY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 338, by Senator Nozzolio, Senate Print 3298A, an
9 act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT VALESKY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT VALESKY: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61. Nays,
18 1. Senator Gipson recorded in the negative.
19 ACTING PRESIDENT VALESKY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 367, by Senator Ball, Senate Print 2801, an act
23 to amend the Election Law.
24 ACTING PRESIDENT VALESKY: Read the
25 last section.
2767
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT VALESKY: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT VALESKY: Senator
7 Gianaris to explain his vote.
8 SENATOR GIANARIS: Thank you,
9 Mr. President.
10 This bill purports to allow people
11 to register to vote while applying for a hunting
12 or fishing license. I'm certainly not against
13 allowing people easier access to voter
14 registration. The reason I'm voting in the
15 negative on this bill is for two reasons.
16 Number one, I have legislation that
17 would open up interactions with every state
18 agency to applications for voter registration,
19 not just to a select few that may cater to a
20 certain constituency and not others. And I think
21 a uniform approach would be better served.
22 The second reason is because it's my
23 understanding that some of these licenses are
24 available from private entities. And I think the
25 idea that we would allow people to register to
2768
1 vote with nongovernmental entities, with
2 employees who may not be trained in how to
3 properly handle or help people register to vote,
4 is problematic on many levels.
5 So for those reasons I'll be voting
6 in the negative.
7 ACTING PRESIDENT VALESKY: Senator
8 Gianaris to be recorded in the negative.
9 Senator Krueger, do you wish to
10 explain your vote?
11 SENATOR KRUEGER: Thank you.
12 I certainly share Senator Gianaris's
13 concerns. I would highlight if this bill ensured
14 that voter registration was taken with licenses
15 for hunting and fishing only through government
16 offices, I would have no problem with it.
17 But it actually sets up a scenario
18 where over 1400 retail sites would actually be
19 required to accept voter registration -- and
20 again, as I believe was said, and their employees
21 required to assist.
22 And so I am a strong believer in
23 simplifying voter registration anywhere and
24 everywhere, but I don't actually think we should
25 have an unfunded mandate on private companies and
2769
1 their employees to have to do government's work.
2 So I'll be voting no,
3 Mr. President. Thank you.
4 ACTING PRESIDENT VALESKY: Senator
5 Krueger to be recorded in the negative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar Number 367, those recorded in the
9 negative are Senators Avella, Gianaris, Hoylman,
10 Krueger, Montgomery, Parker, Rivera, Serrano and
11 Stavisky.
12 Ayes, 53. Nays, 9.
13 ACTING PRESIDENT VALESKY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 406, by Senator Ritchie, Senate Print 4299A, an
17 act to amend the Agriculture and Markets Law.
18 ACTING PRESIDENT VALESKY: Read the
19 last section.
20 THE SECRETARY: Section 6. This
21 act shall take effect immediately.
22 ACTING PRESIDENT VALESKY: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61. Nays,
2770
1 1. Senator Espaillat recorded in the negative.
2 ACTING PRESIDENT VALESKY: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 408, by Senator Gallivan, Senate Print 96, an act
6 to amend the Executive Law.
7 ACTING PRESIDENT VALESKY: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT VALESKY: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT VALESKY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 434, by Senator Carlucci, Senate Print 3280 --
19 SENATOR STAVISKY: Lay it aside.
20 SENATOR GIANARIS: Lay it aside.
21 ACTING PRESIDENT VALESKY: The bill
22 is laid aside.
23 THE SECRETARY: Calendar Number
24 439, by Senator Fuschillo, Senate Print 774A, an
25 act to amend the General Business Law.
2771
1 ACTING PRESIDENT VALESKY: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 30th day.
5 ACTING PRESIDENT VALESKY: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT VALESKY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 462, by Senator Seward, Senate Print 3563, an act
13 to amend the Environmental Conservation Law.
14 ACTING PRESIDENT VALESKY: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT VALESKY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT VALESKY: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 462, those recorded in the
25 negative are Senators Adams, Espaillat, Gianaris,
2772
1 Gipson, Hassell-Thompson, Hoylman, Kennedy,
2 Krueger, Montgomery, Parker, Rivera, Sanders,
3 Serrano and Stavisky.
4 Ayes, 48. Nays, 14.
5 ACTING PRESIDENT VALESKY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 465, by Senator Young, Senate Print 4356, an act
9 to amend the Soil and Water Conservation
10 Districts Law.
11 ACTING PRESIDENT VALESKY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT VALESKY: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT VALESKY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 479, by Senator Hannon, Senate Print 4414, an act
23 to amend the Public Health Law.
24 ACTING PRESIDENT VALESKY: Read the
25 last section.
2773
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT VALESKY: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT VALESKY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 485, by Senator Maziarz, Senate Print 1063, an
11 act to amend the County Law.
12 ACTING PRESIDENT VALESKY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 180th day.
16 ACTING PRESIDENT VALESKY: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT VALESKY: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 506, by Senator Griffo, Senate Print 3494, an act
24 to amend the Highway Law.
25 ACTING PRESIDENT VALESKY: Read the
2774
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT VALESKY: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT VALESKY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 553, by Senator Ball, Senate Print 2306, an act
12 to amend the Executive Law.
13 ACTING PRESIDENT VALESKY: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT VALESKY: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 63.
21 ACTING PRESIDENT VALESKY: The bill
22 is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 553: Ayes, 62. Nays, 1.
25 Senator Montgomery recorded in the negative.
2775
1 ACTING PRESIDENT VALESKY: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 556, by Senator Seward, Senate Print 2895, an act
5 to amend the Insurance Law.
6 ACTING PRESIDENT VALESKY: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect January 1, 2014.
10 ACTING PRESIDENT VALESKY: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: In relation to
14 Calendar Number 556, those recorded in the
15 negative are Senators Gipson, Hoylman, Krueger,
16 Montgomery, Perkins and Sanders.
17 Ayes, 57. Nays, 6.
18 ACTING PRESIDENT VALESKY: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 567, by Senator Avella, Senate Print 4544B, an
22 act to amend the Environmental Conservation Law.
23 ACTING PRESIDENT VALESKY: Read the
24 last section.
25 THE SECRETARY: Section 2. This
2776
1 act shall take effect on the 120th day.
2 ACTING PRESIDENT VALESKY: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 63.
6 ACTING PRESIDENT VALESKY: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 583, by Senator DeFrancisco, Senate Print 553B,
10 an act to amend the Real Property Tax Law.
11 ACTING PRESIDENT VALESKY: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT VALESKY: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 63.
19 ACTING PRESIDENT VALESKY: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 584, by Senator Hannon, Senate Print 3476A, an
23 act authorizing.
24 ACTING PRESIDENT VALESKY: Read the
25 last section.
2777
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT VALESKY: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62. Nays,
7 1. Senator Bonacic recorded in the negative.
8 ACTING PRESIDENT VALESKY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 648, by Senator Bonacic, Senate Print 1876A, an
12 act to amend the County Law.
13 ACTING PRESIDENT VALESKY: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT VALESKY: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62. Nays,
21 1. Senator Krueger recorded in the negative.
22 ACTING PRESIDENT VALESKY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 649, by Senator Klein, Senate Print 2438, an act
2778
1 to amend the Agriculture and Markets Law.
2 ACTING PRESIDENT VALESKY: Read the
3 last section.
4 THE SECRETARY: Section 6. This
5 act shall take effect on the first of January.
6 ACTING PRESIDENT VALESKY: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 63.
10 ACTING PRESIDENT VALESKY: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 658, by Senator Grisanti, Senate Print 1604, an
14 act to amend the Labor Law.
15 ACTING PRESIDENT VALESKY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT VALESKY: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61. Nays,
23 2. Senators DeFrancisco and Gipson recorded in
24 the negative.
25 ACTING PRESIDENT VALESKY: The bill
2779
1 is passed.
2 THE SECRETARY: Calendar Number
3 678, by Senator Fuschillo, Senate Print 739, an
4 act to amend the Vehicle and Traffic Law.
5 ACTING PRESIDENT VALESKY: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT VALESKY: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59. Nays,
13 4. Senators Hassell-Thompson, Montgomery, Parker
14 and Perkins recorded in the negative.
15 ACTING PRESIDENT VALESKY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 730, by Senator Addabbo, Senate Print 3740, an
19 act to amend the Penal Law.
20 ACTING PRESIDENT VALESKY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of November.
24 ACTING PRESIDENT VALESKY: Call the
25 roll.
2780
1 (The Secretary called the roll.)
2 ACTING PRESIDENT VALESKY: Senator
3 DeFrancisco to explain his vote.
4 SENATOR DeFRANCISCO: Yes, I'm
5 going to vote no. Not because I want to allow
6 people to falsely solicit donations; my only
7 point is that the law as it exists right now
8 already prohibits that type of activity.
9 If you look at the sentence above
10 the new sentence in the bill: "Engages in a
11 scheme constituting a systematic ongoing course
12 of conduct with intent to defraud more than one
13 person or persons," and it goes on. And I just
14 simply believe from a technical standpoint,
15 falsely soliciting donations fits in that broad
16 definition.
17 So that's the reason I'm voting no.
18 ACTING PRESIDENT VALESKY: Senator
19 DeFrancisco to be recorded in the negative.
20 Announce the results.
21 THE SECRETARY: Ayes, 62. Nays,
22 1. Senator DeFrancisco recorded in the negative.
23 ACTING PRESIDENT VALESKY: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2781
1 753, by Senator Young, Senate Print 2679A, an act
2 to amend the General Municipal Law.
3 ACTING PRESIDENT VALESKY: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT VALESKY: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT VALESKY: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 804, by Senator Serrano, Senate Print 918, an act
15 to amend the Parks, Recreation and Historic
16 Preservation Law.
17 ACTING PRESIDENT VALESKY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT VALESKY: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 63.
25 ACTING PRESIDENT VALESKY: The bill
2782
1 is passed.
2 Senator Libous, that completes the
3 noncontroversial reading of the calendar.
4 SENATOR LIBOUS: Mr. President, at
5 this time can we do the controversial reading.
6 ACTING PRESIDENT VALESKY: The
7 Secretary will ring the bells.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 434, by Senator Carlucci, Senate Print 3280, an
11 act to amend the Mental Hygiene Law.
12 ACTING PRESIDENT VALESKY: Senator
13 Stavisky.
14 SENATOR STAVISKY: Explanation,
15 please.
16 ACTING PRESIDENT VALESKY: Senator
17 Carlucci, an explanation has been requested by
18 Senator Stavisky.
19 SENATOR CARLUCCI: Thank you.
20 This piece of legislation is an
21 important piece of legislation to really bring
22 the Mental Hygiene Law into the 21st century,
23 give much needed flexibility to hospitals to make
24 sure that when it is needed to admit someone to a
25 psychiatric center, that a nurse practitioner, a
2783
1 psychiatric nurse practitioner acting within
2 their scope, can do that.
3 A psychiatric nurse practitioner
4 already has the ability to diagnose, to treat, to
5 prescribe atypical antipsychotic medications. So
6 this is adding flexibility, bringing the law into
7 the 21st century. And that's it.
8 Thank you.
9 ACTING PRESIDENT VALESKY: Senator
10 Stavisky.
11 SENATOR STAVISKY: Will the Senator
12 yield?
13 ACTING PRESIDENT VALESKY: Senator
14 Carlucci, do you yield?
15 SENATOR CARLUCCI: Yes.
16 ACTING PRESIDENT VALESKY: The
17 sponsor yields.
18 SENATOR STAVISKY: Mr. President,
19 through you.
20 This was a product of the Committee
21 on Mental Health and Developmental Disabilities,
22 and yet much of the bill pertains to the scope of
23 practice. Shouldn't this have been heard by the
24 Committee on Higher Education?
25 SENATOR CARLUCCI: Mr. President,
2784
1 this bill only amends the Mental Hygiene Law. It
2 does not change the scope of practice. This is
3 fully allowing nurse practitioners to act within
4 their scope of practice.
5 SENATOR STAVISKY: If the Senator
6 would continue to yield.
7 ACTING PRESIDENT VALESKY: Senator
8 Carlucci?
9 SENATOR CARLUCCI: Yes.
10 ACTING PRESIDENT VALESKY: The
11 sponsor yields.
12 SENATOR STAVISKY: What is the
13 current process for voluntary and involuntary
14 commitment of patients?
15 SENATOR CARLUCCI: The current
16 process for voluntary and involuntary admission
17 is that a physician -- psychiatrist, 99 percent
18 of the time -- would have to submit a medical
19 certification. Therefore, then the director of
20 the facility where they're being submitted would
21 have to have another physician examine that
22 patient to determine what their need is to keep
23 them on an involuntary basis.
24 SENATOR STAVISKY: If the Senator
25 would continue to yield.
2785
1 ACTING PRESIDENT VALESKY: Senator
2 Carlucci, do you yield continue to yield?
3 SENATOR CARLUCCI: Yes.
4 ACTING PRESIDENT VALESKY: The
5 sponsor yields.
6 SENATOR STAVISKY: If the person --
7 and I'm not talking about a voluntary commitment,
8 because I think that's a totally different
9 issue. I'm talking about the involuntary
10 commitment. Generally, wouldn't you agree that
11 patients are taken to the emergency room?
12 SENATOR CARLUCCI: Mr. President,
13 yes, in many cases there are situations where
14 people are going to emergency rooms. And this is
15 where we need that flexibility, to make sure that
16 we have quality patient care.
17 We've seen a decrease in the level
18 of psychiatrists around the state, and that's why
19 we want to make sure that these psychiatric nurse
20 practitioners that are acting in their scope have
21 that ability to admit someone so they're not just
22 staying in an emergency room for an undue amount
23 of time.
24 SENATOR STAVISKY: If the Senator
25 would continue to yield.
2786
1 ACTING PRESIDENT VALESKY: Senator
2 Carlucci?
3 SENATOR CARLUCCI: Yes, I continue
4 to yield.
5 ACTING PRESIDENT VALESKY: The
6 sponsor yields.
7 SENATOR STAVISKY: If they are
8 taken to the emergency room, generally the
9 emergency rooms have two psychiatrists available
10 because two psychiatrists are required for the
11 commitment proceedings; is that correct?
12 SENATOR CARLUCCI: Well, that would
13 be the process that we would need the two
14 physicians to sign off to admit them. However,
15 this is filling the need in the cases where there
16 are not two psychiatrists on staff.
17 SENATOR STAVISKY: If the Senator
18 would continue to yield.
19 ACTING PRESIDENT VALESKY: Senator
20 Carlucci, do you continue to yield?
21 SENATOR CARLUCCI: Yes.
22 ACTING PRESIDENT VALESKY: The
23 sponsor yields.
24 SENATOR STAVISKY: If this bill
25 were enacted and a nurse practitioner can sign
2787
1 the necessary papers for an involuntary
2 commitment, aren't you opening up that
3 institution and the healthcare professionals to
4 grounds for a legal challenge on taking away
5 someone's civil rights?
6 In other words, a civil commitment
7 is a very serious proceeding. And there have
8 been statutes and court cases involving the
9 entire civil commitment proceedings.
10 SENATOR CARLUCCI: Yeah, I would
11 disagree with that.
12 This does not change the scope of
13 practice for the nurse practitioner. It still
14 has the safeguards for the adequacy of counsel.
15 The hearings that would be involved are still in
16 place. And this law does nothing to change that,
17 to make sure that those safeguards are in place.
18 SENATOR STAVISKY: If the Senator
19 would continue to yield.
20 ACTING PRESIDENT VALESKY: Senator
21 Carlucci.
22 SENATOR CARLUCCI: Yes.
23 ACTING PRESIDENT VALESKY: The
24 sponsor continues to yield.
25 SENATOR STAVISKY: That wasn't my
2788
1 question. My question was you're changing the
2 whole civil commitment proceeding and opening
3 both the healthcare professionals and the
4 institution to a court case.
5 SENATOR CARLUCCI: No, I would
6 disagree with that. This does not change the
7 proceeding.
8 It does one simple change to the
9 Mental Hygiene Law in allowing nurse
10 practitioners to act within their full scope of
11 practice.
12 SENATOR STAVISKY: One last
13 question.
14 ACTING PRESIDENT VALESKY: Senator
15 Carlucci?
16 SENATOR CARLUCCI: I yield.
17 ACTING PRESIDENT VALESKY: The
18 sponsor yields.
19 SENATOR STAVISKY: What exactly can
20 the nurse practitioner do in terms of diagnosis?
21 SENATOR CARLUCCI: Well, right here
22 I have the law in front of me. "The practice of
23 registered professional nursing by a nurse
24 practitioner, certified under Section 6910 of
25 this article, may include the diagnosis of
2789
1 illness and physical conditions and the
2 performance of therapeutic and corrective
3 measures within the specialty area of practice,
4 in collaboration with a licensed physician
5 qualified to collaborate in the diagnosis
6 involved."
7 SENATOR STAVISKY: I'm sorry, then
8 there's one more question I have.
9 ACTING PRESIDENT VALESKY: Senator
10 Carlucci, do you yield?
11 SENATOR CARLUCCI: Yes.
12 ACTING PRESIDENT VALESKY: The
13 sponsor yields.
14 SENATOR STAVISKY: It says in
15 collaboration with a licensed psychiatrist. But
16 if you've got a licensed psychiatrist, why do you
17 need the nurse practitioner?
18 SENATOR CARLUCCI: Right. And
19 you're exactly right, this does not change the
20 licensed physician qualified to collaborate. It
21 doesn't change that at all.
22 What this does is add flexibility in
23 the cases where we have statistics that show a
24 decrease in acting psychiatrists in New York
25 State, and where we do not have two psychiatrists
2790
1 on staff at an ER particularly. This bill would
2 be very helpful in that case to deliver quality
3 care that New Yorkers deserve.
4 SENATOR STAVISKY: Thank you,
5 Senator Carlucci, for your explanation.
6 On the bill, Mr. President.
7 ACTING PRESIDENT VALESKY: Senator
8 Stavisky on the bill.
9 SENATOR STAVISKY: Yes. The words
10 "in collaboration" are part of the statute.
11 And if the psychiatrists are there to offer the
12 collaboration -- because you can't have a
13 psychiatrist in Buffalo collaborating with a
14 nurse practitioner in Riverhead. Therefore, it
15 seems to me that you are creating a potential
16 problem.
17 I think when you take away
18 somebody's civil rights and involuntarily commit
19 that individual to a hospital, that is a very
20 serious proceeding and I think it should require
21 the two psychiatrists. I have no problem with
22 the voluntary commitment, but I have a serious
23 problem with the involuntary commitment.
24 I vote no.
25 ACTING PRESIDENT VALESKY: Senator
2791
1 Hannon.
2 SENATOR HANNON: Thank you,
3 Mr. President.
4 Senator Carlucci, I'm not going to
5 ask you questions, but I have some doubts about
6 this -- not from your committee standpoint on
7 mental health, but rather from health. Because
8 we're dealing with the nurse practitioners.
9 We're dealing with the nurse
10 practitioners. And we've been really looking at
11 how to expand folks who are auxiliary parts but
12 necessary parts and important parts of the
13 healthcare system, dealing with physician's
14 assistants and nurse practitioners.
15 And when it came down to
16 examination, it's been tangentially related to
17 this discussion from the Health Committee, I know
18 it's been going on in the Higher Education
19 Committee. And usually when we're dealing with
20 scope of practice, they primarily go through
21 Higher Education.
22 Part of the discussion I've been
23 involved with and have been with a number of
24 units of physician practices or organized
25 medicine -- not necessarily just the Medical
2792
1 Society, but internists or family practitioners
2 or primary care practitioners -- has been the
3 greater involvement of nurse practitioners.
4 But there are nurse practitioners
5 and there are nurse practitioners. Some of them
6 have just graduated, and some of them have been
7 practicing for a number of years. Some of them
8 are qualified to do things to stand in the stead
9 of the physician that they're assisting or
10 they're working in collaboration with, and some
11 of them are not there yet.
12 And I think when you start to marry
13 the policies that are embodied in this bill,
14 which would be the qualifications of the nurse
15 practitioner and the questions in regard to
16 psychiatric judgments and questions in regard to
17 being committed, I think we need to take another
18 look at this and try to figure out how there
19 could be a greater compromise.
20 So I mean I think some people have
21 some doubts because of other discussions, namely
22 in the medical field, but I have doubts and think
23 that we should go back and take a longer look at
24 this and leave this for another day.
25 ACTING PRESIDENT VALESKY: Thank
2793
1 you, Senator Hannon.
2 Senator Rivera.
3 SENATOR RIVERA: Thank you,
4 Mr. President. If the sponsor would yield for a
5 few questions.
6 ACTING PRESIDENT VALESKY: Senator
7 Carlucci, do you yield?
8 SENATOR CARLUCCI: Yes.
9 ACTING PRESIDENT VALESKY: The
10 sponsor yields.
11 SENATOR RIVERA: Thank you.
12 Through you, Mr. President. Could
13 the sponsor tell me how he defines scope of
14 practice?
15 SENATOR CARLUCCI: Scope of
16 practice is defined in the law, and that's how I
17 would define it, what is specified in Education
18 Law.
19 SENATOR RIVERA: Through you,
20 Mr. President, if the sponsor would continue to
21 yield.
22 ACTING PRESIDENT VALESKY: Senator
23 Carlucci, do you yield?
24 SENATOR CARLUCCI: Yes.
25 ACTING PRESIDENT VALESKY: The
2794
1 sponsor yields.
2 SENATOR RIVERA: Through you,
3 Mr. President, do you have that definition
4 available, by any chance?
5 SENATOR CARLUCCI: Yes, I do.
6 SENATOR RIVERA: Through you,
7 Mr. President, if the sponsor would continue to
8 yield.
9 ACTING PRESIDENT VALESKY: Senator
10 Carlucci, do you yield?
11 SENATOR CARLUCCI: Yes.
12 ACTING PRESIDENT VALESKY: The
13 sponsor continues to yield.
14 SENATOR RIVERA: Thank you,
15 Mr. President. So through you, what is that
16 definition?
17 SENATOR CARLUCCI: The definition
18 that I have in front of me, what I read
19 previously, is "the diagnosis of illness and
20 physical conditions in the performance of
21 therapeutic and corrective measures within a
22 specialty area of practice, in collaboration with
23 a licensed physician qualified to collaborate in
24 the specialty involved, provided such services
25 are performed in accordance with a written
2795
1 practice agreement and written practice
2 protocols."
3 SENATOR RIVERA: Through you,
4 Mr. President, if the sponsor would --
5 SENATOR CARLUCCI: And that's just
6 part of the scope. As we talked about before,
7 really when we talk about psychiatric nurse
8 practitioners, the ability to treat, diagnose and
9 prescribe.
10 SENATOR RIVERA: Through you,
11 Mr. President, if the sponsor would continue to
12 yield.
13 ACTING PRESIDENT VALESKY: Senator
14 Carlucci, do you yield?
15 SENATOR CARLUCCI: Yes.
16 ACTING PRESIDENT VALESKY: The
17 sponsor yields.
18 SENATOR RIVERA: Thank you,
19 Mr. President, through you.
20 I was unclear in my earlier
21 question. I was not referring in particular to
22 the scope of practice of nurse practitioners. My
23 question -- through you, Mr. President -- would
24 be how you define the concept of scope of
25 practice, regardless of whether we're talking
2796
1 about doctors, nurse practitioners, or any other
2 person.
3 SENATOR CARLUCCI: Well, I would
4 say, to make it as short as possible, the
5 definition of law that gives them the criteria to
6 act within that profession.
7 SENATOR RIVERA: Through you,
8 Mr. President, if the sponsor would continue to
9 yield.
10 ACTING PRESIDENT VALESKY: Senator
11 Carlucci?
12 SENATOR CARLUCCI: Yes.
13 ACTING PRESIDENT VALESKY: The
14 sponsor yields.
15 SENATOR RIVERA: Thank you,
16 Mr. President.
17 So if we're saying that we're
18 talking about procedures, action and processes
19 that are permitted under the law for a particular
20 licensed individual, how is the bill in front of
21 us not a scope-of-practice bill as it relates to
22 nurse practitioners?
23 SENATOR CARLUCCI: This bill is
24 allowing nurse practitioners to fully act within
25 their scope of practice. This is changing Mental
2797
1 Hygiene Law, not changing their scope of practice
2 in the Education Law. The simple change to bring
3 it into the 21st century and allow nurse
4 practitioners to admit on a voluntary or
5 involuntary basis.
6 SENATOR RIVERA: Thank you,
7 Mr. President. On the bill.
8 ACTING PRESIDENT VALESKY: Senator
9 Rivera on the bill.
10 SENATOR RIVERA: Thank you,
11 Mr. President.
12 So I thank the sponsor for answering
13 some of the questions.
14 And when I'm referring to scope of
15 practice in particular, we might be talking about
16 19th, 20th or 21st century. What we're talking
17 about is the actions, the procedures and the
18 processes that somebody can perform.
19 So I have to agree with my colleague
20 Senator Stavisky when pointing out that this bill
21 actually changes the way that nurse practitioners
22 can actually do their job. It actually expands
23 their ability to do something; therefore, it is
24 something that should have been considered in the
25 Higher Education Committee. That's number one.
2798
1 Number two, what we're talking about
2 here -- and I also have to agree with Senator
3 Stavisky -- is a very specific action that has to
4 do with the involuntary -- you know, putting
5 somebody in a psychiatric hospital
6 involuntarily. That is something that is, as a
7 matter of fact, the conversation that we were
8 having earlier. And I want to say Senator
9 Sanders was the one that shared this with me, and
10 I could not agree with him more. We should be
11 talking about how to not lower the standards for
12 such an action but actually make sure that we
13 hold them to where we are right now, since we're
14 talking about a very serious action that a
15 medical practitioner will take.
16 And lastly, I would also agree with
17 Senator Hannon that when we're talking about what
18 nurse practitioners can and cannot do, certainly
19 we should be talking within the Health
20 Department.
21 I have to say that even though I
22 don't question that we might need more
23 professionals to be able to do this type of work,
24 I do not agree -- even though nurse practitioners
25 are highly skilled individuals, I do not believe
2799
1 that we should expand their ability to be able to
2 do this particular thing. So I will be voting in
3 the negative on this piece of legislation.
4 Thank you so much, Mr. President.
5 ACTING PRESIDENT VALESKY: Senator
6 Carlucci.
7 SENATOR CARLUCCI: Mr. President,
8 after listening to the concerns of my colleagues,
9 I'd like to lay this bill aside for the day and
10 work with my colleagues to find out how we can
11 make this bill what it's intending to do, to move
12 these laws into the 21st century, give that
13 flexibility that's needed.
14 So I'll lay the bill aside for the
15 day.
16 ACTING PRESIDENT VALESKY: The bill
17 is laid aside for the day.
18 Senator Libous, that completes the
19 controversial reading of the calendar.
20 SENATOR LIBOUS: Mr. President, I
21 believe that in consultation with -- there's no
22 consultation.
23 (Laughter.)
24 SENATOR LIBOUS: On behalf of
25 Senator Klein and Senator Skelos, there will be a
2800
1 hand-up coming up to the desk.
2 ACTING PRESIDENT VALESKY: The
3 hand-up is received.
4 SENATOR LIBOUS: Mr. President.
5 ACTING PRESIDENT VALESKY: Senator
6 Libous.
7 SENATOR LIBOUS: Mr. President, is
8 there any further business at the desk?
9 ACTING PRESIDENT VALESKY: There is
10 no further business at the desk.
11 SENATOR LIBOUS: There being no
12 further business, I move that the Senate will
13 adjourn until tomorrow, Thursday, June 4th, at
14 3:00 p.m.
15 ACTING PRESIDENT VALESKY: On
16 motion, the Senate stands adjourned until
17 Tuesday, June 4th, at 3:00 p.m.
18 (Whereupon, at 5:08 p.m., the Senate
19 adjourned.)
20
21
22
23
24
25