Regular Session - March 5, 2014

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 5, 2014

11                     4:22 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


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 1                P R O C E E D I N G S

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 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:   Today's 

10   invocation will be offered by the Reverend Peter 

11   G. Young, of the Mother Teresa Community here in 

12   Albany.

13                REVEREND YOUNG:   Thank you, 

14   Senator.  

15                Let us pray.

16                God never fails to provide our 

17   New York State citizens with dedicated leadership 

18   and Senators.  May God pour forth His blessings 

19   on our legislators and provide them with the 

20   spirit of courage to accept the many demands of 

21   their elected offices.  

22                As Senators, they report on this day 

23   to the session bell that will again call them to 

24   hear one another for the benefit of our New York 

25   State constituents.  


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 1                This invocation calls us to be true 

 2   to be the best at what we might be able to become 

 3   as a legislative leader.  We need to heed the 

 4   call of our own hearts with compassion and with 

 5   equity.  

 6                May God bless this assembly.

 7                ACTING PRESIDENT GRIFFO:   Thank 

 8   you, Father Young.

 9                The reading of the Journal.

10                THE SECRETARY:  In Senate, Tuesday, 

11   March 4th, the Senate met pursuant to 

12   adjournment.  The Journal of Monday, March 3rd, 

13   was read and approved.  

14                On motion, Senate adjourned.

15                ACTING PRESIDENT GRIFFO:   Without 

16   objection, the Journal stands approved as read.

17                Presentation of petitions.

18                Messages from the Assembly.

19                Messages from the Governor.

20                Reports of standing committees.

21                Reports of select committees.

22                Communications and reports from 

23   state officers.

24                Motions and resolutions.

25                Senator LaValle.


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 1                SENATOR LaVALLE:   Mr. President, I 

 2   believe there is a previously adopted resolution 

 3   by Senator Montgomery, Resolution 3334, at the 

 4   desk.  And I ask to have the title read and call 

 5   on Senator Montgomery.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 3334, by Senator Montgomery, 

10   commending Gale Stevens Haynes, Esquire, upon the 

11   occasion of being honored in conjunction with 

12   Women's History Month 2014 in the State of 

13   New York.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Montgomery.

16                SENATOR MONTGOMERY:   Thank you, 

17   Mr. President.  

18                I rise again today to honor another 

19   woman during this Women's History Month.  She is 

20   a woman who is the provost of one of the major 

21   higher educational institutions in our state that 

22   happens to be in my district; that is, Long 

23   Island University.  

24                Gale Stevens Haynes is the vice 

25   president, chief operating officer and legal 


                                                               566

 1   counsel of Long Island University.  And she is 

 2   the Long Island University Brooklyn Campus 

 3   provost.

 4                I have been able to have a 

 5   relationship with Provost Gale Haynes for some 

 6   years, and I have watched as she has made that 

 7   campus, the Long Island University campus, a 

 8   very, very major player as it relates to higher 

 9   education, especially for adults but as well for 

10   young adults.  

11                There are a number of certificate 

12   programs, there are a number of arts programs.  

13   The university itself, the campus itself has 

14   become in and of itself a wonderful example of 

15   what a university campus in the urban setting 

16   could look like.  It has wonderful artwork and 

17   buildings, and it is teeming with activity at all 

18   times.

19                So this all has happened over the 

20   past 15 to 20 years since Provost Gale Haynes has 

21   been there, really leading that university to be 

22   a very major institution in our state.  And I am 

23   very, very proud of the work that she has done.

24                So today I can stand here very, very 

25   proudly to say that not only is Provost Stevens a 


                                                               567

 1   friend, but she is one of those phenomenal women 

 2   who has steered a very major institution into 

 3   this century so that it serves so many hundreds 

 4   of thousands of people in the borough of Brooklyn 

 5   and across the city.

 6                So today we are honoring Gale 

 7   Stevens Haynes, the provost of the Long Island 

 8   University Brooklyn campus.

 9                Thank you, Mr. President.

10                ACTING PRESIDENT GRIFFO:   Thank 

11   you, Senator Montgomery.

12                As indicated, this resolution was 

13   adopted on February 4th of 2014.

14                Senator LaValle.

15                SENATOR LaVALLE:   Mr. President, 

16   may we please have the noncontroversial reading 

17   of the calendar.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   130, by Senator Martins, Senate Print 988A, an 

22   act to amend the Penal Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               568

 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:   In relation to 

 6   Calendar Number 130, those recorded in the 

 7   negative are Senators Dilan and Montgomery.  

 8                Ayes, 53.  Nays, 2.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   131, by Senator Robach, Senate Print 1016, an act 

13   to amend the Penal 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, 54.  Nays, 1.  

22   Senator Montgomery recorded in the negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               569

 1   133, by Senator Grisanti, Senate Print 1590, an 

 2   act to amend the Penal Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:  Section 3.  This act 

 6   shall take effect on the 180th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Grisanti to explain his vote.

12                SENATOR GRISANTI:   Yes, thank you, 

13   Mr. President.  

14                My fellow colleagues, this is a 

15   piece of legislation that we've passed the last 

16   few years.  And it's named after, in honor of 

17   Amanda Wienckowski, who died tragically in 2008 

18   in Buffalo.  

19                And what this legislation is is 

20   quite simply this.  Right now there are no laws 

21   on the books that deal with concealing or hiding 

22   of a dead body.  Amanda Wienckowski was found 

23   naked in a garbage can in Buffalo.  She did not 

24   get there by herself.  Somebody moved that body 

25   from one scene to another, thereby disturbing the 


                                                               570

 1   possible investigation and possible leads into 

 2   not only the cause of her death but who may have 

 3   caused her death, who may have been a part of it.  

 4                The only legislation that is on the 

 5   books at the present time only has to do with, 

 6   you know, directors, medical professionals and 

 7   cemeteries on how to dispose of human bodies, and 

 8   only misdemeanor levels.  

 9                This piece of legislation time and 

10   time again passes this house.  We need to get the 

11   Assembly on board with this legislation and get 

12   it passed, because under current law a person can 

13   hide a body from authorities and disturb a crime 

14   scene without any real punishment whatsoever.  

15                I urge all my colleagues in this 

16   house to vote for it and urge your 

17   Assemblymembers that something needs to be done.  

18   Because this law, as I said, does not exist -- 

19   and tragedy strikes and you have somebody that 

20   died, and really they don't know the reason why 

21   or who may have been a part of it.

22                I vote aye.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Grisanti to be recorded in the affirmative.

25                Announce the results.


                                                               571

 1                THE SECRETARY:  Ayes, 54.  Nays, 1.  

 2   Senator Montgomery recorded in the negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   135, by Senator Young, Senate Print 2205, an act 

 7   to amend the Criminal Procedure Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Gipson to explain his vote.

17                SENATOR GIPSON:   Thank you, 

18   Mr. President.  

19                I want to commend the sponsor for 

20   taking a big step forward in helping our victims 

21   of domestic violence.  

22                Domestic violence is a real crisis 

23   here in our state.  There are more and more 

24   victims than we've ever had that are suffering 

25   from a variety of different horrible crimes in 


                                                               572

 1   the realm of domestic violence.  

 2                This bill will help those witnesses 

 3   who are vulnerable testify against those who have 

 4   committed the crimes against them.  

 5                There are many, many more things 

 6   that we should continue to do to help our victims 

 7   of domestic violence.  For instance, there are 

 8   specially trained dogs that are trained to help 

 9   witnesses on the witness stand.  I have a bill 

10   called Rosie's Law that does exactly that, and I 

11   would encourage my colleagues to take a look at 

12   that.  

13                I will be voting yes for this piece 

14   of legislation.  Thank you.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Gipson to be recorded in the affirmative.

17                Announce the results.

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   136, by Senator Klein, Senate Print 2322, an act 

23   to amend the Penal Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               573

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect on the 90th day.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 55.  Nays, 2.  

 7   Senators Montgomery and Perkins recorded in the 

 8   negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                Senator LaValle, that completes the 

12   reading of the noncontroversial calendar.

13                SENATOR LaVALLE:   Thank you, 

14   Mr. President.  

15                Is there any other business at the 

16   desk?  

17                ACTING PRESIDENT GRIFFO:   There is 

18   no further business before the desk.

19                SENATOR LaVALLE:   There being no 

20   further business, I move we adjourn until 

21   Thursday, March the 6th, at 11:00 a.m.

22                ACTING PRESIDENT GRIFFO:   On 

23   motion, the Senate stands adjourned until 

24   Thursday, March 6th, at 11:00 a.m. 

25                Senate adjourned.


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 1                (Whereupon, at 4:31 p.m., the Senate 

 2   adjourned.)

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