Regular Session - May 5, 2014

                                                                   2024

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 5, 2014

11                     3:25 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  


                                                               2025

 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                Father Young.

14                REVEREND YOUNG:   Thank you, 

15   Senator.  Let us pray.  

16                Today, on Cinco de Mayo, we know 

17   there are many celebrations that are 

18   world-famous.  

19                And we see the Senators here hard at 

20   work for the New York State citizens.  We bless 

21   them and their diligence, and for their very 

22   important dedication to handle the opportunities 

23   and the obstacles that come with being a citizen 

24   and being in the Legislature.  

25                And we take and pray that these 


                                                               2026

 1   challenges of today on this calendar will be then 

 2   successfully helping others that are in need, and 

 3   those that are sick and suffering.  

 4                We ask this in Your name, now and 

 5   forever.  Amen.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   reading of the Journal.  

 8                THE SECRETARY:  In Senate, Friday, 

 9   May 2nd, the Senate met pursuant to adjournment.  

10   The Journal of Thursday, May 1st, was read and 

11   approved.  On motion, Senate adjourned.  

12                ACTING PRESIDENT GRIFFO:   Without 

13   objection, the Journal stands approved as read.

14                Presentation of petitions.

15                Messages from the Assembly.

16                Messages from the Governor.

17                Reports of standing committees.

18                Reports of select committees.

19                Communications and reports of state 

20   officers.  

21                Motions and resolutions.

22                Senator Libous.

23                SENATOR LIBOUS:   Would you call on 

24   Senator Valesky, please.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               2027

 1   Valesky.

 2                SENATOR VALESKY:   Thank you, 

 3   Mr. President.  

 4                On behalf of Senator Avella, I move 

 5   that the following bill be discharged from its 

 6   respective committee and be recommitted with 

 7   instructions to strike the enacting clause:  

 8   Senate Bill 6601.

 9                ACTING PRESIDENT GRIFFO:   It is so 

10   ordered.

11                SENATOR VALESKY:   Thank you.

12                ACTING PRESIDENT GRIFFO:   Thank 

13   you, Senator Valesky.

14                Senator Libous.

15                SENATOR LIBOUS:   On behalf of 

16   Senator Ball, on page 31 I offer the following 

17   amendments to Calendar Number 343, Senate Print 

18   6613, and ask that said bill retain its place on 

19   the Third Reading Calendar.

20                ACTING PRESIDENT GRIFFO:   The 

21   amendments are received, and the bill shall 

22   retain its place on third reading.

23                Senator Libous.  

24                SENATOR LIBOUS:   And on behalf of 

25   Senator Young, on page 24 I offer the following 


                                                               2028

 1   amendments to Calendar Number 215, Senate Print 

 2   3378, and ask that said bill retain its place on 

 3   the Third Reading Calendar.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   amendments are received, and the bill shall 

 6   retain its place on third reading.

 7                Senator Libous.

 8                SENATOR LIBOUS:   Mr. President, 

 9   before I call on Senator Marchione, I just want 

10   you and the other members to know that the 

11   proceedings will go much smoother now that 

12   Rebecca is back, after giving birth to two 

13   beautiful twin baby girls, and she is back to 

14   give us the guidance that we need.  

15                So let's welcome her back to the 

16   chamber.

17                (Applause.)

18                SENATOR LIBOUS:   And the babies are 

19   beautiful.

20                MS. WOOD:   Thank you.

21                SENATOR LIBOUS:   Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Libous.

24                SENATOR LIBOUS:   I believe that 

25   there's a previously adopted resolution by 


                                                               2029

 1   Senator Marchione, Number 4135, I believe it is 

 2   at the desk.  Could we have the resolution read 

 3   in its entirety and call on Senator Marchione.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   resolution is at the desk.  The Secretary will 

 6   read.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 4135, by Senator Marchione, 

 9   congratulating the student body of South Glens         

10   Falls High School upon the occasion of 

11   participating in its 37th Annual South High 

12   Marathon Dance, benefiting numerous charities 

13   throughout its community.  

14                "WHEREAS, It is the sense of this 

15   Legislative Body to recognize and pay tribute to 

16   those young people within the great Empire State 

17   who have made strong contributions to their 

18   communities and who serve as role models for 

19   their peers; and 

20                "WHEREAS, Attendant to such concern, 

21   and in full accord with its long-standing  

22   traditions, this Legislative Body is justly proud 

23   to congratulate the student body of South Glens 

24   Falls High School upon the occasion of 

25   participating in its 37th Annual South High 


                                                               2030

 1   Marathon Dance, March 7-8, 2014, benefiting 

 2   numerous charities throughout its community; and 

 3                "WHEREAS, According to the South 

 4   High marathon dance website, the dance  

 5   participants have been raising money for local 

 6   charities for 37 years; this year, over 800 

 7   students, more than 80 percent of the student 

 8   body, participated in raising a record-setting  

 9   $583,015 for 39 local recipients which includes 

10   individuals, families and local charities; and 

11                "WHEREAS, The dance marathon was 

12   started in 1978, the age of turntables and disco;  

13   it has morphed into a high-tech event involving 

14   not only the students, but the community as a 

15   whole; and 

16                "WHEREAS, According to the Glens 

17   Falls Post Star, each student was required to 

18   raise at least $150 in order to participate; many 

19   raised more than $1,000; four students raised 

20   more than $10,000; and the elementary and middle 

21   school students together raised more than 

22   $44,000; and 

23                "WHEREAS, Fundraising efforts 

24   included a 50/50 raffle, auction items donated by 

25   local businesses, and students going door to door 


                                                               2031

 1   to collect pledges and online donations; and 

 2                "WHEREAS, Under the able leadership 

 3   of Superintendent Michael Patton and Principal 

 4   Carla Biviano, as well as hundreds of volunteers 

 5   from the community, this annual event brings 

 6   together students from all grades; and 

 7                "WHEREAS, This dance marathon is 

 8   different from the old endurance contests of the 

 9   past in which the last exhausted couple on the 

10   floor escapes the tap on the shoulder to win; the 

11   teenage dancers get a couple of hours to sleep, 

12   plenty of food and drinks and some other breaks  

13   from Friday night to Saturday night; there also 

14   are costume parades and opportunities to relax on 

15   the gym floor; and 

16                "WHEREAS, Dancing for 24 hours shows 

17   dedication and commitment; this annual event 

18   exemplifies the spirit of friends helping friends 

19   and neighbors helping neighbors, all of whom have 

20   come together for the past 37 years to benefit 

21   many worthy causes; and 

22                "WHEREAS, The participating students 

23   truly exemplify the best potential which is 

24   inherent in our most precious resource, our 

25   youth; together, they have brought enduring honor 


                                                               2032

 1   to their school, their families, and their 

 2   community through their  latest  achievements;  

 3   now, therefore, be it 

 4                "RESOLVED, That this Legislative 

 5   Body pause in its deliberations, in recognition 

 6   of the significance of this meritorious 

 7   achievement, to congratulate the student body of 

 8   South Glens Falls High School upon the occasion 

 9   of participating in its 37th Annual South High 

10   Marathon Dance; and be it further 

11                "RESOLVED, That copies of this 

12   resolution, suitably engrossed, be transmitted to 

13   Superintendent Michael Patton and Principal  

14   Carla Biviano, South Glens Falls High School."

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Marchione.

17                SENATOR MARCHIONE:   Thank you, 

18   Mr. President.

19                I rise for the purpose of speaking 

20   on my resolution recognizing, congratulating and 

21   honoring the student body of the South Glens 

22   Falls High School upon their successful 

23   37th Annual South High Marathon Dance, which took 

24   place on March 7th through March 8th.  

25                You know, I had the honor of 


                                                               2033

 1   speaking at the 24-hour marathon dance closing 

 2   ceremony, and I can tell you firsthand it truly 

 3   was a very impressive and wonderful event that 

 4   benefited numerous charities throughout our 

 5   community.  More than 80 percent of the school -- 

 6   over 800 students -- participated in this 

 7   record-setting fundraiser.  The students' hard 

 8   work and extraordinary efforts clearly paid off.  

 9   They raised over $583,015 -- a new record for 

10   them -- for 39 local recipients, including 

11   individuals, families and charities.  So thanks 

12   to the dedication and tireless effort of the 

13   students, more than half a million dollars was 

14   raised for charity.  

15                Over the last 36 years, more than 

16   $3.64 million has been raised, benefiting over 

17   283 beneficiaries, not just within South Glens 

18   Falls, but surrounding communities as well.  

19                You know, don't let anyone ever say 

20   that young people today are apathetic or 

21   disinterested in making their communities a 

22   better place, because it's simply not true.  

23   South Glens Falls High School students proved 

24   that.  When they set their minds to it, young men 

25   and women can make a difference -- a real 


                                                               2034

 1   difference, a positive difference that benefits 

 2   those in need.  

 3                These tremendous young men and women 

 4   are New Yorkers of character and commitment.  

 5   It's my privilege to salute their spirit and 

 6   commend their energy.  And I'm so thankful that 

 7   some of them were able to join us today up in our 

 8   visitors gallery.  

 9                With us today in our Senate visitors 

10   gallery above, South Glens Falls High School 

11   students Katie Washburn, Bethany Warren, Joshua 

12   Deyo, Patrick Fish, Devon Sweenor, Nick Hutchins, 

13   Jody Sheldon, Tom Myott, and Dan Albert, as well 

14   as South Glens Falls Principal Carla Biviano and 

15   South Glens Falls School Superintendent Mike 

16   Patton.  

17                I would ask that my colleagues and I 

18   properly recognize, congratulate and honor your 

19   charitable efforts and applaud your amazing 

20   stamina.  Congratulations on a job well done.

21                (Applause.)

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Little.

24                SENATOR LITTLE:   Thank you, 

25   Mr. President.  


                                                               2035

 1                While I don't represent South Glens 

 2   Falls, I was born and raised in Glens Falls and I 

 3   have watched this marathon grow for the past 

 4   37 years.  The students that do the South Glens 

 5   Falls marathon year in and year out set records.  

 6   And when they reached $100,000 years ago, that 

 7   was a record.  And then it went up and up and up.  

 8                But can you imagine a group of high 

 9   school students, not the largest group in the 

10   state, to raise a half a million dollars?  This 

11   was another new record.  

12                And this marathon is nationally 

13   known.  They have had attention and recognition 

14   from different places in the country throughout 

15   the years.  

16                I did not attend it this year, but 

17   I've attended it in the past, and it's absolutely 

18   phenomenal.  It's not just a school event, it's a 

19   community event.  And the businesses and the 

20   parents and the alumni and the faculty, everyone 

21   is there.  Actually, if you're in South Glens 

22   Falls and you're not at the marathon, you must be 

23   sick.  

24                (Laughter.)

25                SENATOR LITTLE:   So they are all 


                                                               2036

 1   there.  

 2                And I just want to join Senator 

 3   Marchione in recognizing you, congratulating you, 

 4   and really honoring you for your efforts.  You've 

 5   created memories for yourselves, but also for the 

 6   people that you have recognized this year.

 7                Thank you very much.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:  First I want 

11   to thank Senator Marchione for bringing this fine 

12   group of young people to us.  

13                And what she said really hit home to 

14   me, and that is oftentimes what's publicized and 

15   what is said about young people are not 

16   complimentary.  Every time somebody does 

17   something wrong, it's a headline.  Unfortunately, 

18   when wonderful things are done like you've done, 

19   there's not enough congratulations.  

20                And I'm very happy -- I'm from 

21   Syracuse, New York, and I don't think we've 

22   raised $500,000 at any charity, quite frankly.  

23   And that's an incredible amount of money.  In 

24   fact, I helped raise money for a group in our 

25   community; it was a boxing match.  I got punched 


                                                               2037

 1   in the face, so we only raised $25,000.

 2                (Laughter.)  

 3                CHAIRMAN DeFRANCISCO:   So I need 

 4   some advice from you guys as to a safer way to 

 5   raise money in my community as well.

 6                So thank you, and you should be 

 7   commended for your great work.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator DeFrancisco.

10                We want to welcome and congratulate 

11   South Glens Falls High School.  Thank you very 

12   much for being with us today.

13                (Applause.)

14                ACTING PRESIDENT GRIFFO:   As 

15   indicated, the resolution was adopted on 

16   March 25th of this year.

17                Senator Libous.

18                SENATOR LIBOUS:   I believe there's 

19   a previously adopted resolution by Senator 

20   Grisanti, Number 4539, at the desk.  Could we 

21   have the title read and call on Senator Grisanti.

22                ACTING PRESIDENT GRIFFO:   The 

23   Secretary will read.

24                THE SECRETARY:   Legislative 

25   Resolution Number 4539, by Senator Grisanti, 


                                                               2038

 1   commemorating the 44th anniversary of Earth Day 

 2   on April 22, 2014.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Grisanti.

 5                SENATOR GRISANTI:   Thank you, 

 6   Mr. President.  

 7                My fellow colleagues, we were not 

 8   here on April 22nd, but hopefully each and every 

 9   person in this room did something for the 

10   environment, whether it's recycling or 

11   re-recycling or something along those lines, 

12   doing a cleanup day for Earth Day.  

13                I said this before, it was back in 

14   1970.  It was the last time the Beatles produced 

15   an album; the song was "Bridge Over Troubled 

16   Waters"; Jimmy Hendrix had passed away.  And 

17   basically, with war going on, there was protests.  

18   That was going on back in 1970.  But on April 22, 

19   1970, Earth Day was born.  I don't know if you 

20   guys knew that.  

21                And basically it was born in the 

22   United States and became international in 1990.  

23   And it's celebrated, this past year, in 192 

24   countries.  

25                Earth Day is important to help raise 


                                                               2039

 1   awareness of the impact that we all have on our 

 2   environment.  This is being done worldwide, with 

 3   over 1 billion people celebrating.  

 4                We have had, ourselves, many 

 5   successes in our legislative conference.  

 6   Basically, in chairing and taking care of Earth 

 7   Day, from increasing EPF to legislation on safe 

 8   sofas to Tris in child products.  Getting mercury 

 9   out of our systems, with the mercury thermostat 

10   bill.  Renewable energy, Brownfield Program -- 

11   which we must move forward this year -- Sewage 

12   Right to Know legislation, water withdrawal 

13   legislation, protecting our waters around this 

14   great state of ours, and the list goes on.  

15                So working together we can, in our 

16   best interests and our chance to improve all the 

17   environment laws for the state, make it a cleaner 

18   and safer place to live and grow.  I want to 

19   thank you, Mr. President.  And let's make sure 

20   it's not just on April 22nd, let's make sure 

21   every day is Earth Day.  

22                Thank you very much.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator Grisanti.  

25                As indicated, the resolution was 


                                                               2040

 1   adopted on April 22nd of this year.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Thank you, 

 4   Mr. President.

 5                There is a privileged resolution at 

 6   the desk by Senator Peralta, Number 4823.  May we 

 7   have the title read only and call on Senator 

 8   Peralta.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read.

11                THE SECRETARY:   Legislative 

12   Resolution Number 4823, by Senator Peralta, 

13   commemorating the celebration of Cinco de Mayo on 

14   May 5, 2014.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Peralta.

17                SENATOR PERALTA:   Thank you, 

18   Mr. President.  

19                The Cinco de Mayo commemoration of 

20   the Battle of Puebla transcends the victory of 

21   the greatly outnumbered Mexican army over the 

22   French armed forces.  Cinco de Mayo has evolved 

23   into an American celebration of Mexican and 

24   Hispanic culture and heritage in this country.  

25                Cinco de Mayo is about the spirit 


                                                               2041

 1   and determination of our Mexican and Chicano 

 2   brethren, about unity and patriotism, about 

 3   strength of will and perseverance.  It is a 

 4   celebration of liberty and freedom, of the 

 5   long-standing friendship between the United 

 6   States and Mexico.  

 7                From the arts and culture to 

 8   politics and the economy, Mexico and 

 9   Mexican-Americans have made on indelible 

10   contribution.  Mexican heritage and folklore are 

11   intertwined in the American fabric and 

12   Mexican-American experience.  

13                In every borough, in every county of 

14   our great state, Mexican-Americans enrich our 

15   communities.  In celebrating Cinco de Mayo, we 

16   recognize their myriad contributions and 

17   strengthen the innumerable ties that bind us.  

18                Cinco de Mayo is an occasion of 

19   great celebration in my district, home to a 

20   growing and increasingly involved 

21   Mexican-American community.  The festivities in 

22   Queens include a celebration in Flushing Meadow 

23   Park, where tens of thousands of New Yorkers 

24   gather to enjoy Mexican food, song and dance.  

25   This event, by the way, is a huge magnet for 


                                                               2042

 1   elected officials.

 2                Today let us remember that the 

 3   United States and Mexico are not simply neighbors 

 4   bound by geography and history, we are two 

 5   societies that are woven together by millions of 

 6   families and friends and by common interests in a 

 7   shared future.  

 8                Thank you very much, Mr. President, 

 9   and happy Cinco de Mayo.

10                ACTING PRESIDENT GRIFFO:   Thank 

11   you, Senator Peralta, and happy Cinco de Mayo.  

12                The question is on the resolution. 

13   All in favor signify by saying aye.

14                (Response of "Aye.")

15                ACTING PRESIDENT GRIFFO:   Opposed?  

16                (No response.)

17                ACTING PRESIDENT GRIFFO:   The 

18   resolution is adopted.

19                Senator Libous.  

20                SENATOR LIBOUS:   Mr. President, I 

21   think the Senator would like to open the 

22   resolution up for the cosponsorship.  

23                So as the policy goes, if for some 

24   reason someone does not wish to go on the 

25   resolution, please let the desk know.


                                                               2043

 1                ACTING PRESIDENT GRIFFO:   The 

 2   resolution is open for cosponsorship.  Should you 

 3   choose not to be a cosponsor, please indicate at 

 4   the desk.

 5                Senator Libous.

 6                SENATOR LIBOUS:   I believe there's 

 7   a previously adopted resolution by Senator 

 8   Montgomery, Number 4592.  It is at the desk.  I 

 9   ask that the resolution be read in its entirety 

10   and call on Senator Montgomery.

11                ACTING PRESIDENT GRIFFO:   The 

12   Secretary will read.

13                THE SECRETARY:   Legislative 

14   Resolution Number 4592, by Senator Montgomery, 

15   mourning the death of Anthony Merendino, 

16   distinguished citizen and devoted member of his 

17   community.  

18                "WHEREAS, It is the custom of this 

19   Legislative Body to pay tribute to citizens of 

20   the State of New York whose lifework and civic 

21   endeavor served to enhance the quality of life in 

22   their communities and the great State of 

23   New York; and

24                "WHEREAS, Anthony Merendino, a 

25   retired New York Police Department Mounted Unit  


                                                               2044

 1   officer, businessman, and member of the New York 

 2   State Senate staff, passed away on Friday, 

 3   February 21, 2014, at the age of 83; and 

 4                "WHEREAS, Born and raised in 

 5   Brooklyn, Anthony Merendino later moved to 

 6   Sunnyside, New York, where he raised his family; 

 7   in 1999, he relocated from Staten Island to 

 8   Little Egg Harbor in New Jersey and settled in 

 9   Monroe Township in 2005; and 

10                "WHEREAS, Anthony Merendino served 

11   his country as a member of the United States Army 

12   during the Korean War, attaining the rank of 

13   sergeant; and 

14                "WHEREAS, Anthony Merendino owned 

15   and operated the A&A Auto School on Staten Island 

16   for more than 10 years; and 

17                "WHEREAS, For 23 years, Anthony 

18   Merendino served as an officer in the esteemed 

19   NYPD Mounted Unit; furthermore, he served for 

20   13 years as a trusted aide and advisor to the 

21   Ranking Minority Member on the New York State 

22   Senate Finance Committee, Donald Halperin, and 

23   then went on to work in a similar capacity for 

24   former State Senator Donald Halperin during his 

25   tenure as Commissioner of the New York State 


                                                               2045

 1   Division of Housing and Community Renewal and 

 2   later employed his talents as an assistant to 

 3   State Senate Minority Leader Martin Connor; and 

 4                "WHEREAS, Anthony Merendino 

 5   distinguished himself in his profession through 

 6   his sincere dedication and substantial 

 7   contributions to the welfare of his community and 

 8   State; wherever Anthony Merendino went in his  

 9   career, his colleagues relied on him for his 

10   unwavering commitment to the job at hand, loyalty 

11   and companionship; and 

12                "WHEREAS, The patriarch of a large 

13   family, Anthony Merendino was a dedicated husband  

14   and father who enjoyed swimming, listening to 

15   music, and discussing current events, world 

16   history and politics; he was known as a very 

17   charismatic man who was beloved by his family and 

18   many friends; and 

19                "WHEREAS, Predeceased by his wife of 

20   50 years, the former Jacquelyn Walker, Anthony 

21   Merendino is survived by his five daughters -- 

22   Teresa, Debra, Christi, Jodi and Lori -- and his 

23   two sons, Tony and Ricci, as well as 

24   16 grandchildren and two great grandchildren; and 

25                "WHEREAS, Armed with a humanistic 


                                                               2046

 1   spirit and imbued with a sense of compassion, an 

 2   infectious laugh and sense of humor, Anthony 

 3   Merendino leaves behind a legacy which will long 

 4   endure the passage of time and will remain as a 

 5   comforting memory to all he served and 

 6   befriended; now, therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to mourn the 

 9   death and celebrate the life of Anthony 

10   Merendino, distinguished citizen and devoted 

11   member of his community; and be it further 

12                "RESOLVED, That a copy of this  

13   resolution, suitably engrossed, be transmitted to 

14   the family of Anthony Merendino."

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Montgomery.

17                SENATOR MONTGOMERY:  Yes, thank you, 

18   Mr. President.  I rise to have our colleagues 

19   join each other in celebrating the life of this 

20   wonderful person.  

21                Most of us in this chamber do not 

22   know him, but a couple of us were here when 

23   Senator Donald Halperin was the ranking minority 

24   member of the Finance Committee on our side.  And 

25   when I came here, the first Senator to really 


                                                               2047

 1   take me under his tutelage was Senator Donald 

 2   Halperin, we both being from Brooklyn.  And he 

 3   had an interest in making sure that I understood 

 4   how this chamber worked and how business in this 

 5   chamber would be run.  

 6                And it was through him that I 

 7   actually met Tony -- I knew him only by "Tony."  

 8   He was a very, very loyal and even-mannered man 

 9   who seemed to have no other interest than to 

10   making sure that Donald Halperin was served in 

11   any way that he could in his capacity as Donald 

12   Halperin's assistant.

13                I shall never forget how this person 

14   was one of the people that I first met who showed 

15   me that it didn't make any difference if you were 

16   actually the member, that there was a level of 

17   respect and regard that he had for us, and we had 

18   and Donald Halperin had for him.  Because it is 

19   not only us who carry the responsibility of 

20   making our jobs work, making this place work for 

21   our citizens, but it is in fact very, very 

22   dependent upon the staffs who serve us, who work 

23   for us, who work with us and in very, very often 

24   many ways represent us.

25                So I am pleased to join his family.  


                                                               2048

 1   And at the time that Tony was here with Donald 

 2   Halperin, we also had Senator Joe Montalto, who 

 3   is a former Senator, but I believe he is here 

 4   with us today.  Welcome back home, Joe.  

 5                And I want to also acknowledge that 

 6   Tony's daughters are here with us today to 

 7   celebrate, and perhaps his grandchildren, and his 

 8   son.  The family is here.  And thank you, family, 

 9   for coming to join us and help us celebrate the 

10   life of the wonderful person that I am mourning 

11   today, and that is Tony Merendino.

12                Thank you, Mr. President.  And I 

13   invite my colleagues, even though they were not 

14   here and didn't know Tony, I invite them to 

15   sign onto -- oh, the resolution was already 

16   passed.  So thank you for allowing me to speak on 

17   it.

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you, Senator Montgomery.

20                We welcome and express our 

21   condolences to the Merendino family.  

22                Welcome, Senator, back to the 

23   chamber.

24                The resolution was adopted on 

25   April 29, 2014.


                                                               2049

 1                Senator Libous.

 2                SENATOR LIBOUS:   Mr. President, at 

 3   this time can we have the noncontroversial 

 4   reading of the calendar.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Calendar Number 62, 

 8   by Senator Zeldin, Senate Print 1687, an act to 

 9   amend the Public Authorities Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 5.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 57.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 65, 

21   by Senator Marcellino, Senate Print 1501, an act 

22   to amend the Retirement and Social Security Law.

23                SENATOR GIANARIS:   Lay it aside.

24                ACTING PRESIDENT GRIFFO:   Lay the 

25   bill aside.


                                                               2050

 1                THE SECRETARY:   Calendar Number 87, 

 2   by Senator Robach, Senate Print 1977, an act to 

 3   amend the Social Services 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, 57.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   145, by Senator Parker, Senate Print 955, an act 

16   to amend the Mental Hygiene Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 5.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               2051

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   148, by Senator Seward, Senate Print 3065, an act 

 4   to amend the Insurance Law.

 5                SENATOR GIANARIS:   Lay it aside.

 6                ACTING PRESIDENT GRIFFO:   Lay the 

 7   bill aside.

 8                THE SECRETARY:   Calendar Number 

 9   149, by Senator Seward, Senate Print 3066, an act 

10   to amend the Insurance Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 57.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   161, by Senator Little, Senate Print 1361, an act 

23   to amend the Agriculture and Markets Law.

24                SENATOR GIANARIS:   Lay it aside.

25                ACTING PRESIDENT GRIFFO:   Lay it 


                                                               2052

 1   aside.

 2                THE SECRETARY:   Calendar Number 

 3   209, by Senator Golden, Senate Print 2180, an act 

 4   to amend the Penal Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect on the first of November.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                SENATOR LIBOUS:   Lay it aside for 

13   the day.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is laid aside for the day.

16                THE SECRETARY:   Calendar Number 

17   210, by Senator Golden, Senate Print 2237D, an 

18   act to amend the Penal Law.

19                SENATOR LIBOUS:   Lay it aside for 

20   the day.

21                ACTING PRESIDENT GRIFFO:   Lay it 

22   aside for the day.

23                THE SECRETARY:   Calendar Number 

24   239, by Senator Klein, Senate Print 2373A, an act 

25   to amend the Insurance Law.


                                                               2053

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 14.  This 

 4   act shall take effect on the 180th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 57.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   250, by Senator Young, Senate Print 2049B, an act 

13   to amend the Agriculture and Markets 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, 57.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   269, by Senator Marcellino, Senate Print 1514, an 


                                                               2054

 1   act to amend the Vehicle and Traffic Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the first of November.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 57.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   273, by Senator Robach, Senate Print 3769, 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 30th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Rivera to explain his vote.

24                SENATOR RIVERA:   Thank you, 

25   Mr. President, to explain my vote.


                                                               2055

 1                I have voted against this bill in 

 2   the past, and I will be voting in the negative 

 3   again.  I wanted to quickly say that the concern 

 4   that I have with this bill is the fact that it 

 5   establishes a rebuttable presumption if someone 

 6   refuses to taking a Breathalyzer test.  

 7                I have concerns about the ultimate 

 8   legality of this bill and whether it violates the 

 9   Fifth Amendment as well as the Fourth Amendment.  

10   And I think that we need to be very careful when 

11   we're putting bills like this together.  They 

12   might actually -- in this particular case, I'll 

13   repeat again, create a rebuttable presumption of 

14   guilt if someone just refuses to have a 

15   Breathalyzer test or they might not be able to 

16   have a Breathalyzer test.  

17                There's a lot of concerns that I 

18   have about this bill, and I will be voting in the 

19   negative on this bill.

20                Thank you, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Rivera to be recorded in the negative.

23                Announce the results.

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

25   Senators Krueger and Rivera recorded in the 


                                                               2056

 1   negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   285, by Senator Golden, Senate Print 2094B, an 

 6   act to amend the Domestic Relations Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Golden to explain his vote.

16                SENATOR GOLDEN:  Thank you, 

17   Mr. President.  

18                Briefly, the bill allows for kinship 

19   care here in the State of New York.  And it gives 

20   the situation where grandparents, aunts, uncles 

21   and adult siblings of a child have opened their 

22   homes to the child and are caring for the child 

23   in their homes.  

24                It's estimated that 3 percent of the 

25   children here in the State of New York are being 


                                                               2057

 1   raised by a non-parent relative.  Twenty-five 

 2   percent of all children in the foster care system 

 3   are in kinship care.

 4                Currently when a parent of a minor 

 5   child has voluntarily relinquished custody of the 

 6   child to the child's grandparents and the child 

 7   has resided with that grandparent for more than 

 8   two years, the grandparents may petition the 

 9   court for custody of that child.

10                We met with many of the grandparents 

11   and relatives of family members.  And I was just 

12   with one recently where the grandmother had four 

13   sons of her daughter, and two of them had 

14   perished with Duchenne muscular dystrophy.  And 

15   the grandson has Duchenne muscular dystrophy.

16                To see the burden that's been placed 

17   on this family -- but they did not care about the 

18   burden.  They recognize that this was a calling 

19   for them to take care of these children.  And 

20   tremendous doctor bills, tremendous sick time 

21   away from work, and being around these children 

22   and giving them the opportunity to have a real 

23   life.

24                So this is a great bill.  It helps 

25   kids that need those parents, those grandparents, 


                                                               2058

 1   those aunts, those uncles, those brothers, those 

 2   sisters, to still have that family connection and 

 3   to be brought up here in the State of New York as 

 4   a family unit.

 5                So I vote aye, and I thank all of my 

 6   colleagues here in the Senate for voting for this 

 7   bill.  This is truly a good bill and a good bill 

 8   forward for many of the children across our state 

 9   that need kinship care.  

10                Thank you, Mr. President.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Golden to be recorded in the affirmative.

13                Announce the results.

14                THE SECRETARY:   Ayes, 58.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   309, by Senator Bonacic, Senate Print 1886, an 

19   act to amend the Education Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               2059

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   336, by Senator Gallivan, Senate Print 91, an act 

 7   to amend the Environmental Conservation Law.

 8                SENATOR LIBOUS:   Lay it aside for 

 9   the day.

10                ACTING PRESIDENT GRIFFO:   Lay it 

11   aside for the day.

12                THE SECRETARY:   Calendar Number 

13   346, by Senator Hannon, Senate Print 2937, an act 

14   to amend the Real Property Tax Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 58.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               2060

 1   358, by Senator Ball, Senate Print 2559, an act 

 2   to amend the Penal Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 90th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Excuse me.  In 

14   relation to Calendar Number 358:  Ayes, 57.  

15   Nays, 1.  Senator Perkins recorded in the 

16   negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   364, by Senator Nozzolio, Senate Print 5307, an 

21   act to amend the Penal Law.

22                SENATOR GIANARIS:   Lay it aside.

23                ACTING PRESIDENT GRIFFO:   Lay it 

24   aside.

25                THE SECRETARY:   Calendar Number 


                                                               2061

 1   365, by Senator Farley, Senate Print 3832, an act 

 2   to amend the Banking Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   379, by Senator Young, Senate Print 5928, an act 

15   to amend the General Municipal 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, 58.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               2062

 1                Senator Libous, that completes the 

 2   noncontroversial reading of our calendar.

 3                SENATOR LIBOUS:   I believe we're 

 4   going to go to the controversial reading at this 

 5   time.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will ring the bell.  

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 65, 

10   by Senator Marcellino, Senate Print 1501, an act 

11   to amend the Retirement and Social Security Law.

12                SENATOR SQUADRON:   Explanation.

13                ACTING PRESIDENT GRIFFO:   An 

14   explanation has been requested by Senator 

15   Squadron, Senator Marcellino.

16                SENATOR MARCELLINO:   Thank you, 

17   Mr. President.  It's always a pleasure to discuss 

18   a bill with Senator Squadron.

19                (Laughter.)

20                SENATOR MARCELLINO:   This 

21   legislation provides that a retired person or a 

22   retired superintendent, former superintendent, 

23   shall not be employed as a superintendent of 

24   schools for a school district for more than a 

25   year.


                                                               2063

 1                SENATOR SQUADRON:   Will the sponsor 

 2   yield for a question?  

 3                SENATOR MARCELLINO:   Yes, I will.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Marcellino yields.

 6                SENATOR SQUADRON:   Thank you.  

 7                So just so I can understand how it 

 8   changes current law, currently what's the process 

 9   for someone who's retired to be approved to be a 

10   superintendent?

11                SENATOR MARCELLINO:   In many cases 

12   a district, if their own existing superintendent 

13   leaves for whatever reason -- a termination of 

14   contract or retirement or death, whatever -- the 

15   district will go out and search for a 

16   superintendent to replace.  Sometimes that search 

17   goes on.  Sometimes they hire an interim 

18   superintendent to come in.  

19                That superintendent may be someone 

20   who was retired from another district who will 

21   come in and work on a salaried basis without 

22   benefits of health, pension-related, whatever, 

23   but they will keep them on and keep paying them.  

24   They will be collecting their own pension from 

25   their other school district plus the salary from 


                                                               2064

 1   the existing school district.

 2                SENATOR SQUADRON:   Thank you.  If 

 3   the sponsor would continue to yield.

 4                SENATOR MARCELLINO:   I will.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor will continue to yield.  

 7                May I ask for some order in the 

 8   chamber, please, so members can hear each other.

 9                SENATOR SQUADRON:   And under this 

10   bill, what would be the procedure that would 

11   allow that to happen?  

12                SENATOR MARCELLINO:   Under this 

13   bill?  This bill will allow it to happen, but for 

14   only a year.

15                SENATOR SQUADRON:   If the sponsor 

16   will continue to yield.

17                SENATOR MARCELLINO:   Yes.

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR SQUADRON:   And the reason I 

21   ask is the sponsor's memo talks about -- seems to 

22   talk about the fact that it's become overly 

23   common practice to hire interim superintendents 

24   year after year who are retired rather than 

25   completing a search for a permanent one.  


                                                               2065

 1                But it seems that the bill text 

 2   makes it easier to do exactly that.  So I'm just 

 3   trying to understand which problem the bill is 

 4   intended to solve.

 5                SENATOR MARCELLINO:   I think I 

 6   answered that question on the first statement, by 

 7   the first question you asked.

 8                The purpose of this bill -- let me 

 9   just deal with the reasoning behind it.  I've had 

10   conversations with many heads of education 

11   schools at universities.  They have a problem in 

12   placing their graduates, people who graduate with 

13   superintendent's licenses, principal's licenses 

14   and so forth.  

15                This doesn't only occur in the 

16   superintendent situation; it could occur for a 

17   principalship or an assistant principalship and 

18   so forth.

19                The whole idea is to bring in fresh 

20   ideas.  The educational system should be one of 

21   constant renewal.  As you know, Senator, I'm a 

22   schoolteacher.  I taught school in the City of 

23   New York for 20 years.  I believe in the 

24   educational system.  I believe in its vibrancy.  

25   I believe that it needs new ideas and it needs a 


                                                               2066

 1   constant flow of new people coming in.  

 2                What is happening, for reasons -- in 

 3   many cases, it's economic.  It's cheaper to keep 

 4   a retired person on without benefits than it is 

 5   to hire someone new, even at a lower salary, but 

 6   you have to pay them benefits, and then they 

 7   become part of your retirement system. 

 8                So the school districts in some 

 9   cases are looking to save a buck.  At the 

10   expense, I believe, of the creativity of their 

11   administrative staff.

12                So in this situation we're trying to 

13   shake things up a little bit.  If the district 

14   needs more time, they can appeal to the 

15   superintendent of -- New York State Ed, the 

16   Commissioner of Education, and basically say we 

17   need more time.  We've made an honest search, we 

18   haven't been able to find someone who fits our 

19   bill or fits our needs, we need more time.  

20                And then it's up to the Commissioner 

21   of Education to make a determination as to 

22   whether or not to grant a waiver or not.

23                SENATOR SQUADRON:   If the sponsor 

24   would continue to yield.

25                SENATOR MARCELLINO:   Yes.


                                                               2067

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.

 3                SENATOR SQUADRON:   Just so I 

 4   understand the sponsor's view about the 

 5   Comptroller's role in the waiver to this point --

 6                SENATOR MARCELLINO:   Excuse me, I 

 7   couldn't hear your first --

 8                SENATOR SQUADRON:   Just to 

 9   understand the sponsor's position or 

10   understanding of the role the Comptroller has 

11   played in granting or failing to grant the waiver 

12   currently, is it the sponsor's view that the 

13   Comptroller should grant fewer of these waivers?  

14                SENATOR MARCELLINO:   Senator, it's 

15   my understanding that the Commissioner of 

16   Education would grant the waiver.

17                SENATOR SQUADRON:   Thank you.  If 

18   the sponsor would continue to yield.

19                SENATOR MARCELLINO:   Yes.

20                ACTING PRESIDENT GRIFFO:   The 

21   sponsor yields.

22                SENATOR SQUADRON:   And is it the 

23   sponsor's view that the commissioner grants the 

24   waiver too often?

25                SENATOR MARCELLINO:   Right now 


                                                               2068

 1   there's no limit to the length of time an interim 

 2   acting superintendent could be kept on.  We're 

 3   establishing that limit by this bill.

 4                SENATOR SQUADRON:   If the sponsor 

 5   would yield for a final question.

 6                SENATOR MARCELLINO:   Yes.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   sponsor yields.

 9                SENATOR SQUADRON:   Thank you.

10                SENATOR MARCELLINO:   Take another 

11   one, if you want.

12                (Laughter.)

13                SENATOR SQUADRON:   I appreciate 

14   that.  I think you might owe me one.  Not at all.

15                However, under this bill the 

16   commissioner would still be able to grant the 

17   waiver beyond the first year, just as they are 

18   today.

19                SENATOR MARCELLINO:   Yes.

20                SENATOR SQUADRON:   Thank you.

21                On the bill.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Squadron on the bill.

24                SENATOR SQUADRON:   Thank you very 

25   much.  And I thank the sponsor for answering 


                                                               2069

 1   those questions.

 2                You know, I think the problem with 

 3   this bill it seems to go after a challenge that's 

 4   faced in districts around the state without 

 5   really fully solving it.  I think that to go from 

 6   a required waiver to a one-year period and then 

 7   to still allow the waiver at the back end seems 

 8   not to fully address the issue.  

 9                And I know that there is a real 

10   interest, both because of the property tax burden 

11   and because of the importance of public schools 

12   across the district, in making sure we really do 

13   encourage districts to hire the best and the 

14   brightest when it comes to superintendents, hire 

15   folks who are invested in their districts over 

16   time.  And it is a worthy goal.

17                Unfortunately, I think that in some 

18   ways it loosens and in other ways it just 

19   furthers a system that seems to currently be 

20   problematic.

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Squadron.

24                Is there any other Senator wishing 

25   to be heard?


                                                               2070

 1                Senator Marcellino.

 2                SENATOR MARCELLINO:   The reason why 

 3   we give the waiver idea and we keep the waiver 

 4   idea is because some districts will incur and 

 5   will require time.  They may actually require 

 6   more time.  Some of the districts in remote 

 7   communities, some of the districts that are small 

 8   and may not be able to afford high salaries and 

 9   the like, may need more time to get someone to 

10   come up there, be willing to take the time and 

11   take the salary.  

12                So they need time for a search.  

13   We're giving them that option.  We're also 

14   encouraging them to bring in some new blood, to 

15   bring in some new ideas and fresh thought to the 

16   system.  

17                As I said in my opening remarks, 

18   education requires innovation.  It requires fresh 

19   ideas, not old ideas.  We must keep it changing, 

20   we must keep it current, and we must keep the 

21   thought fresh.  That requires new people.  

22                Thank you, Mr. President.  I'm going 

23   to vote aye.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Marcellino.


                                                               2071

 1                Seeing and hearing no other Senator 

 2   who wishes to be heard, debate is closed.  

 3                The Secretary will ring the bell.

 4                Senator Libous.  

 5                SENATOR LIBOUS:   Mr. President, 

 6   we're waiting for members to come back in so we 

 7   can vote.  

 8                And while we're doing that, I want 

 9   to make note to the body that we are very honored 

10   this afternoon to have a former member and a 

11   former leader of this house back with us today, 

12   Senator Marty Connor.  And he is on the floor.  

13   Let's give him a big round of applause.  

14                (Standing ovation.)  

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Connor, welcome.

17                Read the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect on the 90th day.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT GRIFFO:   Announce 

24   the results.

25                THE SECRETARY:   In relation to 


                                                               2072

 1   Calendar Number 65, those recorded in the 

 2   negative are Senators Addabbo, Breslin, Díaz, 

 3   Dilan, Farley, Gianaris, Gipson, Hoylman, 

 4   Kennedy, Krueger, Latimer, Little, Montgomery, 

 5   O'Brien, Peralta, Perkins, Rivera, Sanders, 

 6   Serrano, Smith, Squadron, Stavisky, 

 7   Stewart-Cousins and Tkaczyk.

 8                Absent from voting:  Senators 

 9   Espaillat, Golden and Sampson.

10                Ayes, 32.  Nays, 24.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                The Secretary will continue to read.

14                THE SECRETARY:   Calendar Number 

15   148, by Senator Seward, Senate Print 3065, an act 

16   to amend the Insurance Law.

17                SENATOR KRUEGER:   Explanation, 

18   please. 

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Krueger has requested an explanation, Senator 

21   Seward.  

22                Can I have some order in the house, 

23   please.

24                SENATOR SEWARD:   Certainly, 

25   Mr. President.  


                                                               2073

 1                This legislation before us provides 

 2   that the regulation governing the replacements of 

 3   life insurance products is consistent, to the 

 4   extent possible, with the replacements 

 5   regulations that have been adopted by the 

 6   National Association of Insurance Commissioners.

 7                Now, Regulation 60, which is a 

 8   regulation by the Department of Financial 

 9   Services, has been in place for some time, which 

10   is -- this deals with this part of the Insurance 

11   Law.  This is regarding replacements that have 

12   been long considered to be one of the most 

13   burdensome New York regulations with which life 

14   insurers must comply.  

15                And also it has been harmful to the 

16   consumers.  Because the consumer -- just think 

17   about this -- they are looking to replace an 

18   insurance policy or insurance product with 

19   another life insurance product, yet because of 

20   this Regulation 60, they run into a lengthy delay 

21   in being able to make that change.

22                It's also important, it seems to me, 

23   that insurance laws and regulations should be as 

24   uniform and consistent as possible throughout the 

25   50 states.  This legislation would ensure, in 


                                                               2074

 1   this case, that New York's regulations regarding 

 2   replacement of insurance policies comply with the 

 3   NAIC life insurance and annuities replacement 

 4   model regulation.  

 5                And that uniformity with the other 

 6   states in the union is good, certainly, for 

 7   particularly our domestic life insurance 

 8   companies and good for New York insurance 

 9   consumers.

10                ACTING PRESIDENT GRIFFO:   Thank 

11   you, Senator Seward.

12                Senator Krueger.

13                SENATOR KRUEGER:  Thank you.

14                On the bill, Mr. President.

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Krueger on the bill.

17                SENATOR KRUEGER:  I appreciate the 

18   sponsor's explanation.  And as he explained, this 

19   bill would have New York State insurance be 

20   consistent with other states in the life 

21   insurance industry.  My problem with this bill is 

22   it actually weakens the stronger protections that 

23   exist in New York State.

24                So right now -- I don't know about 

25   anybody else.  Have you tried to read insurance 


                                                               2075

 1   policies for yourself?  Have you found yourself 

 2   having a little confusion, not understanding 

 3   what's covered, what's not covered, not even 

 4   realizing that you don't have certain coverage 

 5   until after something happens, and then and only 

 6   then do you learn, oops, your insurance policy 

 7   doesn't cover that, you just thought it did.  I 

 8   know I have a frustration with that.

 9                And my concern with this bill is it 

10   removes the requirement currently in New York 

11   State law that says that if you're going to sell 

12   off an existing policy and replace it with a 

13   different policy or cancel the policy and replace 

14   it, right now in New York State law you actually 

15   have to be given a side-by-side comparison of 

16   what your current policy covers in life insurance 

17   and what the new policy would cover.

18                And I agree that when I've spoken to 

19   LICONY, that it's added work for the insurance 

20   companies and the brokers to do comparisons 

21   between an existing policy you may hold and the 

22   policy they want you to buy, that there's some 

23   work involved.

24                But I actually say that's okay.  

25   They're trying to get your business.  They're 


                                                               2076

 1   trying to collect your money.  And having a 

 2   side-by-side comparison helps ensure that as a 

 3   consumer you know what the old policy was, what 

 4   the new policy would be, and whether in fact it 

 5   meets your needs as a consumer.

 6                So I recognize why the industry 

 7   wants this law change, and I recognize there's an 

 8   argument for having all states be consistent in 

 9   policies on insurance.  But for me, I'd rather 

10   side with the consumer rights and say if New York 

11   State makes it a little tougher to sell these 

12   policies by requiring they do side-by-side 

13   comparisons, that's worth our being out of the 

14   norm.  I would hope the other 49 states might 

15   realize this is a good rule for all of them to 

16   incorporate, as opposed to our so to speak 

17   lowering the standards that we have for providing 

18   consumers with information that's relevant to 

19   them before they purchase life insurance.

20                So I'm going to continue my voting 

21   no, Mr. President.  And I'm going to hope that at 

22   some point in time when this bill might pass both 

23   houses and it gets before the Governor and the 

24   Department of Financial Services, they'll also 

25   say, Wait a second here, maybe there are ways to 


                                                               2077

 1   modernize, streamline and make it easier for 

 2   insurance companies and the brokers to figure out 

 3   how to provide this information to people.  Maybe 

 4   in a world of computerization there's a simpler 

 5   way to do it.  

 6                But I really like the fact that 

 7   New York State requires that you get side-by-side 

 8   comparisons of these policies.  And I think that 

 9   we would be actually harming consumers' rights if 

10   we took away this information.  So I'll be voting 

11   no.  

12                Thank you, Mr. President.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Breslin.

15                SENATOR BRESLIN:   Thank you, 

16   Mr. President.  On the bill.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Breslin on the bill.

19                SENATOR BRESLIN:   I think that the 

20   NAIC, in its wisdom of all of the commissioners 

21   of insurance, have gotten together and provided a 

22   model regulation which works.  It still requires 

23   insurance people in New York State and elsewhere 

24   to deal honestly, directly, forthrightly with the 

25   consumer.  


                                                               2078

 1                And the side-by-side comparison in 

 2   Regulation 60, along with its other components, 

 3   the side by side frequently, if you've sold 

 4   insurance to someone that wants it to be replaced 

 5   by another policy, you're going to want to move 

 6   quickly, because you're losing something.

 7                So we've found that over a period of 

 8   years that there hasn't been that side-by-side 

 9   comparison quickly done.  And when it isn't 

10   quickly done, interest rates change, changes that 

11   affect dramatically the insurance product to the 

12   consumer.  The consumer is not getting what they 

13   want.

14                We have a tremendous insurance -- 

15   the DFS in New York State does a tremendous job 

16   in policing the industry.  In this case, 

17   Regulation 60 goes too far.  And it would be 

18   moving into compliance with really national 

19   standards would be in the best interests of 

20   New York.  

21                And I fully support this 

22   legislation, and I think it will not only do much 

23   to enhance the position of the consumer, but at 

24   no expense to wrongdoing.

25                Thank you, Mr. President.


                                                               2079

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Senator Breslin.

 3                Is there any other Senator wishing 

 4   to be heard?

 5                Seeing none, hearing none, debate is 

 6   closed.  The Secretary will ring the bell.

 7                SENATOR LIBOUS:   Mr. President, if 

 8   we have members get to their seats, we can have 

 9   an accounting and we can move along a little bit 

10   faster.  But when members stop --

11                ACTING PRESIDENT GRIFFO:   I ask the 

12   members to please take their --

13                SENATOR LIBOUS:   -- with other 

14   members, we don't know if they're really here 

15   because their seats are empty.

16                ACTING PRESIDENT GRIFFO:   May I ask 

17   members to please take their seats and to please 

18   remain close to the chamber for the votes that 

19   are before the house.

20                Read the last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect on the 180th day.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               2080

 1                ACTING PRESIDENT GRIFFO:   Announce 

 2   the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 148, those recorded in the 

 5   negative are Senators Griffo, Hoylman, Krueger, 

 6   Peralta, Sanders and Squadron.

 7                Absent from voting:  Senators 

 8   Espaillat and Golden.

 9                Ayes, 51.  Nays, 6.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   161, by Senator Little, Senate Print 1361, an act 

14   to amend the Agriculture and Markets Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT GRIFFO:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 161, those recorded in the 


                                                               2081

 1   negative are Senators Addabbo, Avella, Breslin, 

 2   Díaz, Dilan, Gianaris, Hoylman, Kennedy, Krueger, 

 3   Latimer, Montgomery, Peralta, Perkins, Rivera, 

 4   Sampson, Sanders, Savino, Serrano, Smith, 

 5   Squadron, Stavisky, Stewart-Cousins and Tkaczyk.  

 6                Absent from voting:  Senators 

 7   Espaillat and Golden.

 8                Ayes, 34.  Nays, 23.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   364, by Senator Nozzolio, Senate Print 5307, an 

13   act to amend the Penal Law.

14                SENATOR SQUADRON:   Explanation.

15                ACTING PRESIDENT GRIFFO:   An 

16   explanation has been requested by Senator 

17   Squadron, Senator Nozzolio.

18                SENATOR NOZZOLIO:   Thank you, 

19   Mr. President and my colleagues.  

20                The bill before us today, S5307, is 

21   a measure that has a deep history and an 

22   important one.  Emanating from this body a number 

23   of years ago, we decided that the correction 

24   officers of this state, who walk the toughest law 

25   enforcement beat in America, were subjected to 


                                                               2082

 1   heinous behavior, where inmates in effect were 

 2   using their bodily fluids as weapons.  Those 

 3   bodily fluids may have had a contagious disease, 

 4   serious problems with them created by the use of 

 5   a very difficult and unquestionably distasteful 

 6   process to describe.  But in effect, inmates 

 7   using bodily fluids as weapons.  We made that a 

 8   felony.

 9                What the provision does today is 

10   expand that protection.  The protection that 

11   we've given to our correction officers of the 

12   state we're now trying to provide to those first 

13   responders, those who we all have a great deal of 

14   respect for, and admiration, and in this state, 

15   particularly after September 11th, understood 

16   that our first responders are indeed the true 

17   heroes of America.  

18                This protection is for those heroes.  

19   And I'm hopeful that the measure will pass before 

20   us today.

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator Nozzolio.

23                Senator Squadron.

24                SENATOR SQUADRON:   Thank you.  If 

25   the sponsor would yield.


                                                               2083

 1                SENATOR NOZZOLIO:   Yes, 

 2   Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Nozzolio yields.

 5                SENATOR SQUADRON:   Thank you very 

 6   much.

 7                Just so that I can understand the 

 8   bill better, I know that the sponsor spoke about 

 9   correction officers.  Does this bill apply only 

10   to corrections officers or people in correctional 

11   facilities?

12                SENATOR NOZZOLIO:   Mr. President, I 

13   think Senator Squadron must have heard my 

14   explanation about what this house had done 

15   previously.  

16                The protections provided correction 

17   officers are now to be provided, under this 

18   statute that we are debating today, to those who 

19   are -- and let me list: -- a peace officer, a 

20   police officer, a court officer, an emergency 

21   medical technician or a paramedic.  

22                Those are the types of occupations 

23   that we are trying to provide protections to, as 

24   we had provided those correction officers as well 

25   as other correctional personnel in laws passed by 


                                                               2084

 1   this house in the past.

 2                SENATOR SQUADRON:   Thank you for 

 3   the clarification.  If the sponsor would continue 

 4   to yield.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   sponsor yields.

 7                SENATOR SQUADRON:   Thank you.  

 8                I notice in that list, and I'll ask 

 9   about a couple of items in it, are peace 

10   officers.  As the chair of Codes, does the 

11   sponsor know how many bills are on simply 

12   tomorrow's Codes agenda adding peace officer 

13   protection to folks who don't currently have it?  

14   Just tomorrow's agenda alone.  

15                SENATOR NOZZOLIO:   Mr. President, 

16   I'm sorry, I didn't catch the entire nature of 

17   Senator Squadron's question.  Would you ask him 

18   respectfully to repeat it?  

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Squadron, could you please repeat the question?  

21                SENATOR SQUADRON:   Forgive me.  

22   Thank you for the opportunity.  

23                I notice that this bill, as this 

24   sponsor says, extends protections from any sort 

25   of saliva, including potentially just in the act 


                                                               2085

 1   of yelling, to peace officers.  And I wanted to 

 2   know, just to get a sense of what that includes, 

 3   how many bills on tomorrow's Codes agenda alone, 

 4   as the chair of the Codes Committee, extend peace 

 5   officer protection to folks who don't currently 

 6   have it.  

 7                SENATOR NOZZOLIO:   Mr. President, I 

 8   have not counted the number of bills on the 

 9   agenda.

10                SENATOR SQUADRON:   If the sponsor 

11   would continue to yield.

12                SENATOR NOZZOLIO:   Yes, 

13   Mr. President.

14                ACTING PRESIDENT GRIFFO:   The 

15   sponsor yields.

16                SENATOR SQUADRON:   There are 12 on 

17   tomorrow's agenda, by the way.  

18                And does the sponsor know or can the 

19   sponsor list, even just by category, all those 

20   who currently have peace officer protection and 

21   will be protected against inadvertent saliva 

22   while in the act of attempting to harass or annoy 

23   under this bill?  All of the 17 pages worth of 

24   peace officers in statute.  

25                SENATOR NOZZOLIO:   Mr. President, 


                                                               2086

 1   I'm not sure where Senator Squadron is trying to 

 2   lead with this.  

 3                If he would like to know, in effect, 

 4   does this measure protect peace officers, the 

 5   answer is absolutely yes.  And that those are who 

 6   are designated peace officer status in this state 

 7   are not second-class peace officers, they are 

 8   first-class peace officers.  

 9                They deserve that type of 

10   protection, as decided by the nature of their 

11   position and designation by both houses of the 

12   Legislature and the Governor, that those 

13   individual professions should have peace officer 

14   status because they provide an important public 

15   protection service for the citizens of this 

16   state.

17                I am getting very close to resentful 

18   of the characterizations I hear Senator Squadron 

19   make, in his attempt to debate the measure, to 

20   somehow separate peace officers as a class that 

21   should in fact not receive the types of 

22   protections that we're trying to provide by this 

23   bill.

24                SENATOR SQUADRON:   If the sponsor 

25   would continue to yield.


                                                               2087

 1                The sponsor I think --

 2                ACTING PRESIDENT GRIFFO:   The 

 3   sponsor yields.

 4                SENATOR SQUADRON:   -- I think 

 5   misunderstands where I'm going here, and I 

 6   apologize if there's any resentment being caused.

 7                The real reason I was asking the 

 8   question about the extensive different categories 

 9   of peace officers -- 17 pages in statute, 

10   12 bills on tomorrow's Codes Committee agenda 

11   alone -- is whether the nature of any of the jobs 

12   that are carried out by these folks who are peace 

13   officers might cause them to come into contact 

14   with saliva or any of the other bodily fluids 

15   enumerated in the bill, in a way that might 

16   change the sponsor's view of creating a felony 

17   from anyone being served by those peace officers 

18   in that way.

19                SENATOR NOZZOLIO:   Mr. President, 

20   every peace officer in the state, as well as 

21   police officers, as well as other personnel 

22   enumerated in this bill, do not deserve to have 

23   someone intentionally attack them with their 

24   saliva or other bodily fluids.  That regardless 

25   of the number that may be covered, regardless of 


                                                               2088

 1   the type of individual responsibilities, as 

 2   Senator Squadron is selecting peace officers, 

 3   none of them deserve the types of heinous 

 4   behavior that we're trying to prevent by this 

 5   statute.

 6                SENATOR SQUADRON:   If the sponsor 

 7   would continue to yield.

 8                SENATOR NOZZOLIO:   Yes, 

 9   Mr. President.

10                ACTING PRESIDENT GRIFFO:   The 

11   sponsor yields.  

12                SENATOR SQUADRON:   I do think that 

13   a close look at the list of peace officers would 

14   be valuable.

15                But let me go to another category 

16   listed here.  Emergency medical technicians or 

17   paramedics are listed.  And I know the sponsor 

18   just referred to heinous acts.  And I certainly 

19   want to be clear, to spit on another individual 

20   or to inadvertently spit on another individual 

21   while screaming at them and therefore harassing 

22   them, is wrong behavior.  It's bad behavior.  It 

23   may even be criminal behavior.  

24                We're talking about a felony 

25   behavior here, which is not simply behavior that 


                                                               2089

 1   shouldn't happen, it's behavior that leads to 

 2   very serious penalties and permanent costs in 

 3   people's lives.  As felonies should.

 4                The question is in all cases for 

 5   each of these 17 pages of folks, is spitting such 

 6   an heinous act that it is in fact a felony in all 

 7   cases?  And I want to ask about emergency medical 

 8   technicians and paramedics, which are included.

 9                Is it the sponsor's intent that if 

10   an EMT or a paramedic were called to, say, an 

11   elderly person's home because a relative of that 

12   person was concerned about their well-being or 

13   ability to live on their own, if that person, 

14   confused or feeling threatened, as is a case that 

15   has occurred in my own family, maybe in others -- 

16   if during that sort of tense moment that elderly 

17   person or person who didn't necessarily 

18   understand the context were to spit and that spit 

19   were to land on the shoe of the EMT or the 

20   paramedic, it is the sponsor's intent that that 

21   elderly person would be a felon?

22                SENATOR NOZZOLIO:   Mr. President, 

23   under the circumstances and fact pattern 

24   presented by Senator Squadron, I think the 

25   answers are simple.  Absolutely not.  That there 


                                                               2090

 1   has to be a mens rea, there has to be an 

 2   intention.  

 3                And it's stated on lines 8 and 9 of 

 4   this measure that he or she causes but in effect 

 5   a person with -- on line 6 and 7, when with 

 6   intent to harass, annoy, threaten, harm or alarm.  

 7   Again, with intent to harass, annoy, threaten, 

 8   harm or alarm.

 9                The specific elements of intent are 

10   certainly delineated by this proposal, by this 

11   statute.  And I think foursquare within those 

12   words would separate those who are trying to 

13   create harm versus those who are victims of an 

14   accident.

15                SENATOR SQUADRON:   On the bill, 

16   Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Squadron on the bill.

19                SENATOR SQUADRON:   You know, 

20   unfortunately, there's actually no intent beyond 

21   the one the sponsor just read, the intent to 

22   harass, annoy, threaten, harm or alarm.

23                And unfortunately, the instance I 

24   spoke about, an elderly person who has an EMT or 

25   a paramedic called to their home who becomes 


                                                               2091

 1   confused or concerned about that, who lashes out 

 2   in a way that certainly would not be preferable 

 3   but could be the cause of simple confusion, would 

 4   in fact have committed this felony, as it's 

 5   created.  As would anyone else, someone who was 

 6   having a paranoid episode of some sort and had 

 7   medical care called in, would be a felon.

 8                In fact, someone who was in the act 

 9   of --

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Nozzolio, why do you rise?

12                SENATOR NOZZOLIO:   Mr. President, 

13   will Senator Squadron yield?

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Squadron, do you yield?  

16                SENATOR SQUADRON:   Let me finish 

17   the sentence, and then absolutely.

18                ACTING PRESIDENT GRIFFO:   Upon 

19   completion of the sentence, Senator Nozzolio, he 

20   will yield.

21                Senator Squadron, continue.

22                SENATOR SQUADRON:   Thank you so 

23   much.  

24                In fact, if someone were engaged in 

25   lawful public protest, any number of the 


                                                               2092

 1   categories of peace officers here, and were 

 2   chanting or yelling as part of that protest and 

 3   were purposely irritating but not purposely 

 4   spitting, and had inadvertent spit come out of 

 5   their mouth, they would be committing a felony 

 6   too.  

 7                I will yield.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Nozzolio.

10                May I have some order in the 

11   chamber, please.

12                Senator Nozzolio.

13                SENATOR NOZZOLIO:   Mr. President, I 

14   fear that Senator Squadron might have not heard 

15   the answer to the question that he asked of me a 

16   few minutes ago.  

17                The question, if I recall, was 

18   whether this individual that he described in a 

19   fact pattern regarding a senior citizen would in 

20   fact be guilty of this crime.  

21                My response to him was absolutely 

22   not.  It would require, as the fact pattern 

23   presented to us -- it showed clearly that the 

24   senior citizen in question had no intention of 

25   engaging in physical harm or intending any 


                                                               2093

 1   physical harm or threatening any physical harm to 

 2   the particular first responder.

 3                I guess Senator Squadron did not 

 4   hear the answer to that question.  Because if he 

 5   did, he certainly wouldn't be engaging in the 

 6   type of colloquy that he's engaged in now.  

 7                That's my question, Mr. President.  

 8   Did Senator Squadron hear us?

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Squadron.

11                SENATOR SQUADRON:   I apologize.  If 

12   the sponsor wouldn't mind just concluding the 

13   question again.

14                SENATOR NOZZOLIO:   Mr. President, 

15   it appears that Senator Squadron didn't hear us 

16   the first time or the second time.  Because if he 

17   heard us the first time or the second time, he 

18   would know that the fact pattern that he 

19   described clearly is outside the criminal conduct 

20   requirement suggested in this bill, where on 

21   lines 6 and 7 we talk about -- the statute talks 

22   about the mens rea required for the element of 

23   this crime, which is intention.  Intention to 

24   harass, annoy, threaten or harm an individual.  

25   Without that mens rea, without that intention, in 


                                                               2094

 1   effect it's not a crime.  

 2                My question to Senator Squadron is, 

 3   did you not hear that answer before?  Because if 

 4   you did, I am shocked that you engage in such a 

 5   colloquy now.

 6                SENATOR SQUADRON:   Thank you for 

 7   the clarification.  

 8                And I think I was correct in there 

 9   not really being an answerable question there, 

10   other than to say again, as I have before, having 

11   heard the answer to the question now once and 

12   then clarified and clarified again -- which I 

13   appreciate greatly -- that the circumstance I am 

14   describing has intent.  

15                I appreciate that the sponsor's 

16   intent is different.  But let's be clear.  The 

17   intent to harass, annoy, threaten, harm or alarm.  

18   Someone who is confused, therefore lashes out, 

19   has the intent to lash out.  Someone who has 

20   dementia and therefore doesn't correctly 

21   understand the context of the situation but 

22   lashes out, has an intent to lash out, has an 

23   intent to harass, annoy, threaten or alarm.  

24   Maybe not harm.

25                And that is clearly not the 


                                                               2095

 1   sponsor's intent.  The sponsor has gone out of 

 2   his way to make clear that it's not his intent.  

 3   But the bill is the bill.  And it is wildly 

 4   broad.  It is a bill that could go after anyone 

 5   in this room if they become confused and try to 

 6   defend themselves in a way they should not defend 

 7   themselves, but would be turned into felons by 

 8   doing so.  Go after anyone's parent or a 

 9   grandparent in this room, if they're ever in a 

10   circumstance where they don't understand the 

11   intent of an EMT or a paramedic who's called to 

12   help them.

13                It also could undermine the ability 

14   and the right to protest legally by -- {pausing}.  

15   Thank you.  

16                It also could undermine the ability 

17   to protest legally and appropriately if an 

18   overzealous peace officer decided that someone 

19   who was raising their voice, who was protesting 

20   in way that they found annoying or aggravating, 

21   also happened to inadvertently have some contact 

22   with their saliva or their sweat.

23                Look, what the sponsor is talking 

24   about are circumstances in correctional 

25   facilities where behavior that is dangerous, that 


                                                               2096

 1   risks the lives of everyone in that facility, is 

 2   occurring.

 3                That is very different than the 

 4   inadvertent contact along with the intent to 

 5   harass, annoy or harm that would be broadly 

 6   written here.  You know what this is?  This is 

 7   the bill that could create a felon out of anyone 

 8   who ever comes into contact with any of a huge 

 9   category of people in the state, create a felon 

10   out of anyone who is confused or concerned when 

11   they come into contact with just about anyone in 

12   uniform, including those who are there to help 

13   them.  

14                It's behavior that shouldn't happen, 

15   but it's not felony behavior when a senior 

16   citizen who's confused reacts to a paramedic that 

17   way.  It's bad behavior, but it's not felony 

18   behavior.  

19                I also find it ironic that the 

20   sponsor is going so far to create felons out of 

21   so many categories of people -- those who are 

22   legally and lawfully protesting or gathering, 

23   those who in their homes might become confused -- 

24   and yet the sponsor and the Codes Committee did 

25   not consider something that really is dangerous, 


                                                               2097

 1   which is .50-caliber weapons.  Which are 

 2   currently legal in this state, which can kill at 

 3   distances of more than 2,000 yards -- some of the 

 4   most dangerous, most militarized weapons in the 

 5   world, a lot more dangerous than a senior 

 6   citizen's saliva.  

 7                And yet this house and the sponsor's 

 8   committee would not even consider the question as 

 9   to whether .50-caliber weapons should be lawful 

10   in this state, at the same time that anybody who 

11   comes into contact with just about anybody in 

12   uniform can become a felon if they get a little 

13   bit overexcited and a little saliva comes out of 

14   their mouth when it shouldn't, a little sweat 

15   comes into contact if they get a little bit 

16   closer than they should.  

17                All of which is bad behavior, much 

18   of which might even be misdemeanor behavior, but 

19   those folks are all going to be felons, boom, 

20   boom, boom.  And yet .50-caliber weapons in this 

21   state, we can't even have a conversation, a 

22   direct conversation about whether they're lawful.  

23                I think the priorities are wrong.  I 

24   think the bill is overbroad.  And I think the 

25   bill's statements and the sponsor's intent aren't 


                                                               2098

 1   aligned, and so I would urge the sponsor to pull 

 2   the bill today and to work to tighten it up.  And 

 3   I will certainly be voting no.  

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT GRIFFO:   Is there 

 6   any other Senator wishing to be heard?

 7                Senator Hoylman.

 8                SENATOR HOYLMAN:  Thank you, 

 9   Mr. President.  On the bill.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Hoylman on the bill.

12                SENATOR HOYLMAN:  Mr. President, my 

13   concern with this bill is that underlying it is a 

14   fundamental misconception about how HIV/AIDS is 

15   spread.  

16                It occurs to me, Mr. President, that 

17   the intent of the bill is to protect the health 

18   and well-being of our corrections officers, our 

19   peace officers, court officers, emergency medical 

20   technicians and others.  

21                But, Mr. President, you can't 

22   contract HIV through spitting.  It's 

23   disrespectful to spit, I admit.  But you will not 

24   get AIDS or HIV from doing so.  And last year in 

25   our Codes Committee meeting, that was one of the 


                                                               2099

 1   rationales presented for raising this bill to 

 2   this Class E felony, this infraction to a Class E 

 3   felony.  

 4                And therefore, Mr. President, I'll 

 5   be voting no.  Because not only is it overbroad.  

 6   But it sends the wrong public health message and 

 7   buys into stereotypes and myths about HIV/AIDS 

 8   that we shouldn't accept.

 9                ACTING PRESIDENT GRIFFO:   Seeing 

10   and hearing no other Senator that wishes to be 

11   heard, debate is closed.  

12                The Secretary will ring the bell.

13                Read the last section.  

14                (Pause.)

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will, again, read the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the first of November.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT GRIFFO:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 364, those recorded in the 


                                                               2100

 1   negative are Senators Breslin, Dilan --

 2                ACTING PRESIDENT GRIFFO:   Can I 

 3   have some order in the chamber, please.  

 4                The Secretary will continue to 

 5   announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 364, those recorded in the 

 8   negative are Senators Breslin, Dilan, Gianaris, 

 9   Hoylman, Krueger, Montgomery, Perkins, Rivera, 

10   Sampson, Sanders, Serrano, Squadron and Stavisky.

11                Absent from voting:  Senators 

12   Espaillat and Golden.

13                Ayes, 44.  Nays, 13.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                Senator Libous, that completes the 

17   reading of the controversial calendar.

18                SENATOR LIBOUS:   Mr. President, is 

19   there any further business at the desk?  

20                ACTING PRESIDENT GRIFFO:   There is 

21   no further business before the desk.

22                SENATOR LIBOUS:   There being no 

23   further business, I move that the Senate adjourn 

24   till Tuesday, May 6th, at 3:00 p.m.

25                ACTING PRESIDENT GRIFFO:   On 


                                                               2101

 1   motion, the Senate stands adjourned until 

 2   Tuesday, May 6th, at 3:00 p.m.  

 3                Senate adjourned.

 4                (Whereupon, at 5:01 p.m., the Senate 

 5   adjourned.)

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