Regular Session - May 7, 2014
2277
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 7, 2014
11 11:14 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR PHIL M. BOYLE, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BOYLE: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BOYLE: We are
9 joined today by Reverend Emmanuel Asse, pastor of
10 Gateway World Christian Center, ambassador for
11 Christ International Outreach, of Valley Stream.
12 He will give our invocation.
13 REVEREND ASSE: Thank you.
14 Eternal God, we come before You this
15 morning. We thank You for giving us the
16 privilege. This is a day the Lord has made.
17 Lord, thank You as we come this
18 morning, Lord, to take care of business, Lord.
19 We just ask that You will lead Your elected
20 officials, those who You have placed in power,
21 that they will lead according to Your will, Lord,
22 that they will walk with integrity, and, Lord,
23 that as their Leader, You give them divine
24 direction.
25 And, Lord, that you continue to
2279
1 bless them, fill them with wisdom and direction,
2 that they may lead Your people and Your will in
3 the way You're leading them to.
4 (In French/Haitian Creole.) We pray
5 in the name of the Father, the Son, and the
6 Holy Spirit.
7 In Jesus's name, amen.
8 ACTING PRESIDENT BOYLE: Thank you,
9 Reverend.
10 The reading of the Journal.
11 THE SECRETARY: In Senate, Tuesday,
12 May 6th, the Senate met pursuant to agreement.
13 The Journal of Monday, May 5th, was read and
14 approved. On motion, Senate adjourned.
15 ACTING PRESIDENT BOYLE: Without
16 objection, the Journal stands approved as read.
17 Presentation of petitions.
18 Messages from the Assembly.
19 The Secretary will read.
20 THE SECRETARY: On page 35, Senator
21 Gipson moves to discharge, from the Committee on
22 Finance, Assembly Bill Number 8315 and substitute
23 it for the identical Senate Bill Number 5408A,
24 Third Reading Calendar 418.
25 On page 37, Senator Marcellino moves
2280
1 to discharge, from the Committee on Cultural
2 Affairs and Tourism, Assembly Bill Number 8727A
3 and substitute it for the identical Senate Bill
4 Number 7012, Third Reading Calendar 434.
5 ACTING PRESIDENT BOYLE:
6 Substitutions so ordered.
7 Messages from the Governor.
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 ACTING PRESIDENT BOYLE: Senator
14 Libous.
15 SENATOR LIBOUS: Well, thank you,
16 Mr. President.
17 Today we have a number of
18 resolutions and many bills on the calendar. And
19 we'll start off with Senator Farley's resolution.
20 I believe it was previously adopted.
21 Could we have it read in its
22 entirety -- it would be Number 4564 -- and I
23 believe Senator Farley has some guests here
24 today, and he would like to speak on it.
25 ACTING PRESIDENT BOYLE: The
2281
1 Secretary will read.
2 THE SECRETARY: Legislative
3 Resolution Number 4564, by Senator Farley,
4 congratulating the Union College Men's Hockey
5 Team and Coach Rick Bennett upon the occasion of
6 capturing the NCAA Division 1 Championship.
7 "WHEREAS, Excellence and success in
8 competitive sports can be achieved only through
9 strenuous practice, team play and team spirit,
10 nurtured by dedicated coaching and strategic
11 planning; and
12 "WHEREAS, Athletic competition
13 enhances the moral and physical development of
14 the young people of this state, preparing them
15 for the future by instilling in them the value of
16 teamwork, encouraging a standard of healthy
17 living, imparting a desire for success and
18 developing a sense of fair play and competition;
19 and
20 "WHEREAS, The Union College Men's
21 Hockey Team are the NCAA Division 1 champions;
22 they defeated Minnesota with an impressive 7-4
23 victory before a crowd of 18,742 on Saturday,
24 April 12, 2014, at the Wells Fargo Center in
25 Philadelphia; this championship earned
2282
1 Union College its first NCAA Division 1
2 championship in any sport; and
3 "WHEREAS, The Union Dutchmen Hockey
4 Team advanced to the championship game after
5 defeating Boston College 5-4 on Thursday,
6 April 10, 2014, before more than 17,000
7 spectators; and
8 "WHEREAS, Loyally and
9 enthusiastically supported by family, fans,
10 friends and the community at large, the Dutchmen
11 finished their outstanding season with a record
12 of 32-6-4, the most wins in the 71-season history
13 of Union Hockey; in addition, they captured the
14 ECAC regular season title as well as the ECAC
15 hockey championship; and
16 "WHEREAS, Four members of this
17 extraordinary team received AHCA/CCM All-America
18 Honors; they are Mat Bodie and Shayne
19 Gostisbehere, named to the East First Team, and
20 Daniel Carr and Colin Stevens, named to the East
21 Second Team; and
22 "WHEREAS, Founded in 1795,
23 Union College, located in Schenectady, New York,
24 is a small liberal arts institution with an
25 enrollment of approximately 2,100 full-time
2283
1 students; and
2 "WHEREAS, The athletic talent
3 displayed by this team is due in great part to
4 the efforts of Coach Rick Bennett, a skilled and
5 inspirational tutor, respected for his ability to
6 develop potential into excellence; and
7 "WHEREAS, The hallmarks of the
8 Union College Men's Hockey Team, from the opening
9 game of the season to participation in the
10 championship, were a brotherhood of athletic
11 ability, of good sportsmanship, of honor and of
12 scholarship, demonstrating that these team
13 players are second to none; and
14 "WHEREAS, Athletically and
15 academically, the Union team members have proven
16 themselves to be an unbeatable combination of
17 talents, reflecting favorably on their school;
18 they are true role models for all collegiate
19 athletic teams across the nation; and
20 "WHEREAS, Coach Rick Bennett, along
21 with Assistant Coaches Joe Dumais and Jason Tapp
22 and Volunteer Assistant Coach John Ronan, have
23 done a superb job in guiding, molding and
24 inspiring the team members toward their goals;
25 and
2284
1 "WHEREAS, Sports competition
2 instills the values of teamwork, pride and
3 accomplishment, and Coach Rick Bennett and the
4 27 outstanding athletes have clearly made a
5 contribution to the spirit of excellence which is
6 a tradition of their school; this impressive
7 achievement is a source of considerable pride for
8 the college, the City and County of Schenectady,
9 and the entire State of New York; now, therefore,
10 be it
11 "RESOLVED, That this Legislative
12 Body pause in its deliberations to congratulate
13 the Union College Men's Hockey Team, its
14 members -- Mark Bennett, Mat Bodie, Daniel Carr,
15 Daniel Ciampini, Sam Coatta, Nick Cruice, Theo
16 DiPauli, Sebastien Gingras, Alex Gonye, Shayne
17 Gostisbehere, Matt Hatch, Noah Henry, Cole
18 Ikkala, Matt Krug, Eli Lichtenwald, Griffyn
19 Martin, Max Novak, Dillon Pieri, Michael
20 Pontarelli, David Roy, Alex Sakellaropoulos,
21 Colin Stevens, Kevin Sullivan, Jeff Taylor,
22 Charlie Vasaturo, Mike Vecchione, and Matt
23 Wilkins -- Coach Rick Bennett, Assistant Coaches
24 Joe Dumais and Jason Tapp, and Volunteer
25 Assistant Coach John Ronan, on their outstanding
2285
1 season and overall team record; and be it further
2 "RESOLVED, That copies of this
3 resolution, suitably engrossed, be transmitted to
4 the Union College Men's Hockey Team and
5 Coach Rick Bennett."
6 ACTING PRESIDENT BOYLE: Senator
7 Farley.
8 SENATOR FARLEY: Thank you very
9 much, Mr. President.
10 This is one of the most thrilling
11 things that has ever happened in this chamber:
12 the national champions. There's their trophy
13 right up in the front.
14 Ladies and gentlemen and my
15 colleagues, the Union College Hockey Team is a
16 remarkable team in the respect that it's a school
17 of 2100 students, coed, and it is the school
18 where my daughter graduated from -- she turned
19 down an appointment to Annapolis to go there.
20 It's within a hockey puck, almost, shot of my
21 home. And the Union College beat a school,
22 Minnesota, of 50,000 and became the national
23 champions with one of the greatest records in the
24 history of hockey.
25 Ladies and gentlemen, this school is
2286
1 not only a school of great academic prowess --
2 they don't have scholarships -- it just shows you
3 that Rick Bennett and this team is one of the
4 most remarkable athletic achievements in the
5 history of hockey.
6 Union College, as the Division 1
7 champions, they beat Boston College, the
8 University of Minnesota, and school after school
9 to go on to win this national championship.
10 These gentlemen that are here with us in the
11 chamber -- and I'm going to ask them all to stand
12 up so that you can see them. There they are,
13 their coaches --
14 (Standing ovation.)
15 SENATOR FARLEY: They are over
16 here, you know, they're in the midst of midterms.
17 They're on a trimester situation, as opposed to a
18 semester situation. But they're here, and we are
19 thrilled to have them.
20 And each one of these members is
21 going to get a copy of this resolution. And
22 gentlemen, we're so proud of all that you have
23 accomplished, and your coaches. And President
24 Ainlay, who's one of the great president of
25 Union College in their history, is not able to be
2287
1 with us here today.
2 But we're so proud of you, and
3 Schenectady is proud of you. I am proud of you,
4 and every member of this chamber is proud of you.
5 Congratulations for being such champions.
6 (Applause.)
7 ACTING PRESIDENT BOYLE: Senator
8 Nozzolio.
9 SENATOR NOZZOLIO: Thank you,
10 Mr. President. On the resolution.
11 Mr. President and my colleagues, we
12 ought to thank Senator Farley for bringing this
13 great group of fine young men here to this
14 chamber today.
15 As Senator Farley said, this is a
16 big deal. The fact is we have national champions
17 among our midst. We have national champions who
18 have come from New York State. That my only
19 regret, as a graduate of Cornell University, is
20 that it's Union College and not Cornell.
21 (Laughter.)
22 SENATOR NOZZOLIO: I was on campus
23 when Cornell won its first national collegiate
24 hockey championship. And I can't tell you how
25 much pride we have in our fine young student
2288
1 athletes, and Senator Farley's recognition of
2 these fine young student athletes is commendable.
3 What is even more commendable, I
4 want to emphasize what Senator Farley said,
5 you're a university, a college of 2,000 students
6 competing on a national stage against schools
7 with a lot more student body in terms of numbers.
8 But Union College hearts are bigger than
9 anyone's.
10 So congratulations, gentlemen. You
11 are indeed great representatives of this state.
12 We're very proud of your significant
13 accomplishment.
14 Thank you, Mr. President.
15 (Applause.)
16 ACTING PRESIDENT BOYLE: Senator
17 Tkaczyk.
18 SENATOR TKACZYK: Thank you,
19 Mr. President.
20 I too represent Schenectady County,
21 and a portion of the City of Schenectady, and I
22 was at the parade that was held in the city for
23 the team. And the outpouring of support and
24 admiration for what you've done and what you've
25 accomplished was incredible that day.
2289
1 And you were given the key to the
2 city on the steps of City Hall. And everyone in
3 Schenectady couldn't be prouder of the work
4 you've done, and your futures. And I just wanted
5 to say congratulations again to you.
6 And one of the things that's been
7 pointed out, that the college only has 2100
8 students. It's just amazing to see what you've
9 been able to do from such a small school.
10 But I want to also point out that
11 Union College has an impressive history of
12 graduates who have become leaders in many fields,
13 including law, government, medicine, engineering,
14 the sciences, literature, journalism, the
15 military. And in fact, we have a former
16 President of the United States who was a
17 Union College graduate, Chester A. Arthur, the
18 21st President.
19 You guys are amazing, and I can't
20 wait to you see what you do in your futures. And
21 again, we are all so very, very proud of you.
22 Congratulations.
23 (Applause.)
24 ACTING PRESIDENT BOYLE: Senator
25 O'Brien.
2290
1 SENATOR O'BRIEN: Thank you,
2 Mr. President.
3 A lot of great things have happened
4 on the Union College campus since its founding as
5 one of the oldest and most prominent schools in
6 the nation back in 1795.
7 I myself had my degree conferred at
8 Union in June of 1979, a year when Ned Harkness
9 was the hockey coach, for some of you that follow
10 NHL hockey. And I know four members of the team
11 are soon to play NHL hockey. Congratulations for
12 that.
13 But I've followed this team as a
14 proud alumnus for a long time. And the last four
15 years, making the NCAA tournament each time, two
16 times in the Frozen Four.
17 This was an incredible game. Down 2
18 to 1 midway through the first period, Union
19 scored three times in that one minute and 54
20 seconds. The Dutchmen's three goals in a minute
21 54 set the mark that we hadn't seen since the
22 1957 title game for the last time a team scored
23 in such a short span. Twenty shots on goal in
24 the first period alone, Mr. President.
25 I'm very proud of Coach Bennett. I
2291
1 know he's received all kinds of Coach of the Year
2 honors, including College Hockey News.
3 It's a remarkable victory, defeating
4 Minnesota 7 to 4 in the championship game. I
5 couldn't be more proud to have you all represent
6 Union. I'm extremely proud. My sister went to
7 Union as well, following me, and I really feel
8 like it's part of the Union family, you brought
9 it home for us.
10 Congratulations on a great season.
11 Good luck to you in the future.
12 Thanks very much.
13 ACTING PRESIDENT BOYLE: Senator
14 DeFrancisco.
15 SENATOR DeFRANCISCO: Yes, I think
16 just about everything has been said. But I think
17 something that you probably don't recognize or
18 realize right now as being one of the most
19 important things you're experiencing in this
20 championship is the people to your left and your
21 right are going to be your friends forever.
22 This is a joint accomplishment by a
23 great team of individuals, but as a team. And
24 you will be friends forever. Even if you're as
25 old as me, you will cherish this experience and
2292
1 you'll be with these people, as I said, forever.
2 And I really believe that that's going to be the
3 most important thing.
4 Now, when you have your reunions,
5 your accomplishments will get bigger and bigger
6 and bigger.
7 (Laughter.)
8 CHAIRMAN DeFRANCISCO: And that's
9 even better, because it's even better than what
10 you really did to win this championship.
11 So congratulations on such a great
12 accomplishment. You deserve it. You worked for
13 it, you earned it, and enjoy it.
14 (Applause.)
15 ACTING PRESIDENT BOYLE: Senator
16 Kennedy.
17 SENATOR KENNEDY: Thank you very
18 much, Mr. President.
19 It's truly an honor to stand here on
20 the Senate floor and recognize this great group
21 of young men who have been brought up in the
22 sport of hockey. And being the father of a young
23 boy who is aspiring one day to be a national
24 champion, to be an NHL player, I'm seeing your
25 life as it was many years ago through his life.
2293
1 There are so many things to be proud
2 of as national champions. Making New York this
3 great state that we cherish our sports teams and
4 the sport of hockey -- that whether you're a
5 Buffalo Sabres fan or, sadly, some Rangers
6 fans -- and, even worse, some Islanders fans in
7 this room -- you know, the sport of hockey is a
8 wonderful sport. You're living it, it's part of
9 the fabric of who you are, it's part of the
10 communities you've all been brought up in, and
11 it's part of this great state.
12 You've not just put Union College on
13 the map, you've put New York State on the hockey
14 map across this nation, across this continent,
15 and across the globe.
16 There's a young man I'd like to
17 point out among all of you there. His name is
18 Matt Krug. Matt is part of the national hockey
19 championship team at Union College. He's also a
20 neighbor of mine, grew up in South Buffalo, the
21 beacon of hockey in Western New York, the home of
22 Matt Krug, the home of Patrick Kane, the home of
23 Tim Kennedy -- not this Tim Kennedy. You don't
24 want to see me on skates, ladies and gentlemen.
25 (Laughter.)
2294
1 SENATOR KENNEDY: -- but the home
2 of Tim Kennedy who plays with the Phoenix Coyotes
3 organization, and so many other great hockey
4 phenoms that have come out of the City of
5 Buffalo.
6 But Matt Krug comes from an
7 incredible family, not just a hockey family, but
8 a family of individuals who are extremely well
9 respected, who are the epicenter of everything
10 that is good and righteous about our neighborhood
11 in South Buffalo, and about what it means to be a
12 working-class family in Western New York, the
13 City of Good Neighbors.
14 So congratulations to you, Matt.
15 Congratulations to the Krug family.
16 Congratulations to Union College. And
17 congratulations to your hockey team and each and
18 every one of your families for what you have
19 accomplished, which is something that you can all
20 hang your hat on for the rest of your life --
21 something that we are all proud of you on the
22 Senate chamber floor, but also, as New York State
23 residents, we're proud to call Union College our
24 own.
25 Congratulations.
2295
1 (Applause.)
2 ACTING PRESIDENT BOYLE: Senator
3 Latimer.
4 SENATOR LATIMER: Thank you,
5 Mr. President.
6 Gentlemen, congratulations on your
7 accomplishment. If you're not doing anything
8 tonight, can I suggest that you get on the
9 2 o'clock train out of Albany-Rensselaer Station.
10 The Rangers are down 2-1. They could desperately
11 use your help. They haven't scored a goal in two
12 games, and you look like a bunch of guys who know
13 how to handle Sidney Crosby and Evgeni Malkin.
14 Thanks very much, congratulations.
15 And please come to Madison Square tonight; we
16 need to win this one.
17 (Laughter; applause.)
18 ACTING PRESIDENT BOYLE: Senator
19 Griffo.
20 SENATOR GRIFFO: Thank you,
21 Mr. President. I appreciate that.
22 I want to welcome the group. This
23 is a very important occasion for us to
24 commemorate and to celebrate not only an
25 extraordinary institution of higher learning,
2296
1 Union College -- and Senator Farley is a great
2 advocate and supporter of Union College -- but
3 really you're all extraordinary individuals who
4 have not only made a commitment to excellence
5 athletically, but you excel academically and you
6 continue to contribute to our community.
7 I also want to recognize Matt Hatch,
8 from Massena. They have a proud tradition in
9 Massena; they won the state championship in
10 Massena in hockey this year in high school. That
11 continues at the college level.
12 So congratulations to all of you.
13 Continue your good work and your commitment, not
14 only to excellence, but to continued service to
15 others. So thank you very much.
16 Congratulations.
17 (Applause.)
18 ACTING PRESIDENT BOYLE: Senator
19 Marcellino.
20 SENATOR MARCELLINO: You might
21 wonder why a Senator from Long Island would get
22 up and say congratulations to a team from upstate
23 New York. But since Senator Kennedy decided to
24 besmirch Ranger fans and Islander fans, I felt I
25 had to say something.
2297
1 But one thing that we can say and
2 that Senator Farley mentioned -- and I would like
3 to make sure that it wasn't passed over
4 lightly -- was that there's no scholarships here.
5 These guys went to the college to get an
6 education. They played hockey because they
7 wanted to, and they excelled at it because they
8 had good coaches, good teamwork, and they learned
9 how to do it the old-fashioned way: They worked
10 hard and they achieved.
11 That's it. Nobody paid the -- no
12 alumni, no big booster things, no nonsense. We
13 hear all kinds of scandals around the country
14 about this sort of thing where bigger colleges
15 pay the freight and do all kinds of bad things in
16 the name of sports.
17 You guys are what sports is all
18 about. You care. You wanted this thing, you
19 earned it, you fought for it, you played hard on
20 the court, you played fairly on the court, I'm
21 sure, and you were the result of good teaching
22 and good coaching.
23 God bless you. You did the right
24 thing. Keep up the good work. Keep that spirit
25 in your heart in whatever you do. Whether you go
2298
1 to the pros or not, you go into business, you go
2 into education, whatever field you go into,
3 maintain that drive, maintain the caring that you
4 showed on the hockey rink in your every aspect of
5 life, and you will succeed greatly and you will
6 honor your families.
7 God bless you one and all.
8 (Applause.)
9 ACTING PRESIDENT BOYLE: Are there
10 any other Senators wishing to be heard?
11 This resolution was previously
12 adopted on April 29th.
13 And I personally would like to
14 congratulate Union College. As an Albany Law
15 School of Union University graduate and a
16 lifelong hockey fan, a tremendous accomplishment,
17 gentlemen. Thank you for joining us.
18 (Standing ovation.)
19 ACTING PRESIDENT BOYLE: Senator
20 Libous.
21 SENATOR LIBOUS: At this time
22 there's another previously adopted resolution at
23 the desk, Number 4813, by Senator Carlucci.
24 Could we have it read and call on Senator
25 Carlucci, please.
2299
1 ACTING PRESIDENT BOYLE: The
2 Secretary will read.
3 THE SECRETARY: Legislative
4 Resolution Number 4813, by Senator Carlucci,
5 congratulating the Ossining High School Girls
6 Varsity Basketball Team and Head Coach Dan Ricci
7 upon the occasion of capturing the New York State
8 Public High School Athletic Association Class AA
9 State Championship.
10 "WHEREAS, Excellence and success in
11 competitive sports can be achieved only through
12 strenuous practice, team play and team spirit,
13 nurtured by dedicated coaching and strategic
14 planning; and
15 "WHEREAS, Athletic competition
16 enhances the moral and physical development of
17 the young people of this state, preparing them
18 for the future by instilling in them the value of
19 teamwork, encouraging a standard of healthy
20 living, imparting a desire for success and
21 developing a sense of fair play and competition;
22 and
23 "WHEREAS, This Legislative Body is
24 justly proud to congratulate the Ossining High
25 School Girls Varsity Basketball Team upon the
2300
1 occasion of capturing the New York State Public
2 High School Athletic Association (NYSPHSAA) Class
3 AA State Championship; and
4 "WHEREAS, The Ossining Pride Girls
5 Basketball Team defeated Cicero-North Syracuse
6 74-59 to win their second consecutive NYSPHSAA
7 Class AA Title on Saturday, March 15, 2014, at
8 the Hudson Valley Community College, Troy,
9 New York; and
10 "WHEREAS, The Ossining Pride played
11 excellent basketball throughout the season,
12 defying expectations by reaching the championship
13 game despite being a young team with few
14 returning players from last year's title-winning
15 team; and
16 "WHEREAS, The remarkable talent and
17 perseverance displayed by this team is due in
18 great part to the efforts of Coach Dan Ricci and
19 his team of outstanding assistant coaches,
20 skilled and inspirational tutors, respected for
21 their ability to develop potential into
22 excellence; and
23 "WHEREAS, The team's overall record,
24 25-3, is outstanding, and the team members were
25 loyally and enthusiastically supported by family,
2301
1 fans, friends and the community at large; and
2 "WHEREAS, The hallmarks of the
3 Ossining High School Girls Varsity Basketball
4 Team, from the opening game of the season to
5 participation in the championship, were a
6 sisterhood of athletic ability, of good
7 sportsmanship, of honor and of scholarship,
8 demonstrating that these team players are second
9 to none; and
10 "WHEREAS, Athletically and
11 academically, the team members have proven
12 themselves to be an unbeatable combination of
13 talents, reflecting favorably on their school;
14 and
15 "WHEREAS, Coach Dan Ricci and his
16 dedicated staff have done a superb job in
17 guiding, molding and inspiring the team members
18 toward their goals; and
19 "WHEREAS, Sports competition
20 instills the values of teamwork, pride and
21 accomplishment, and Coach Dan Ricci and these
22 outstanding athletes have clearly made a
23 contribution to the spirit of excellence which is
24 a tradition of their school; now, therefore, be
25 it
2302
1 "RESOLVED, That this Legislative
2 Body pause in its deliberations to congratulate
3 the Ossining High School Girls Varsity Basketball
4 Team, its members: Gabriella Ferrao, Stefanie
5 Svoboda, Alicia Sanchez, Cyan Scarduzio, Alexis
6 Bernardo, Moriah Cherry, Shadeen Samuels, Jenna
7 Lividini, Sam Cozzolino, Madison Strippoli, Helen
8 Ishmael, Jalay Knowles, and Abigail Squirrell;
9 Head Coach Dan Ricci; Assistant Coaches Pat
10 Wheeler, Jose Ferrao, Stephanie Leveille, Kelsey
11 Vallach; and Trainer Luis Iglesias, on their
12 outstanding season and overall team record; and
13 be it further
14 "RESOLVED, That copies of this
15 resolution, suitably engrossed, be transmitted to
16 the Ossining High School Girls Varsity Basketball
17 Team and to the aforementioned coaches and
18 trainer."
19 ACTING PRESIDENT BOYLE: Senator
20 Carlucci.
21 SENATOR CARLUCCI: Thank you,
22 Mr. President and members of the chamber.
23 It's my absolute honor to welcome
24 and congratulate the Ossining Pride Girls
25 Basketball Team on their victory in achieving the
2303
1 New York State Public High School Championship.
2 They had an amazing record where they played
3 25-3. And this is the second year in a row where
4 the Ossining Pride Girls Basketball Team has won
5 the state championship.
6 And they're here and directed by
7 their coach Dan Ricci, who has had an outstanding
8 record. And we know that this is only possible
9 by the talents, by the teamwork, by the love and
10 support of their parents and the entire Ossining
11 community.
12 So, you know, we were just here
13 listening to the accomplishments of Union
14 College, and we're just as much filled with pride
15 at our basketball team, the Pride of Ossining
16 Women's Basketball Team at Ossining High School.
17 And they were able to deliver
18 victory on March 15th when they played
19 Cicero-North Syracuse and beat them by 74 to 59.
20 And this is something that is just -- we're so
21 excited about. And we're honored that they're
22 here.
23 And we look forward to your
24 continued success and seeing you next year when
25 we can honor you again for this wonderful
2304
1 achievement.
2 (Laughter.)
3 SENATOR CARLUCCI: So thank you,
4 and good luck to you. Congratulations.
5 Thank you, Mr. President.
6 (Standing ovation.)
7 ACTING PRESIDENT BOYLE: Senator
8 DeFrancisco.
9 SENATOR DeFRANCISCO: Yes. Senator
10 Valesky and I represent families whose children
11 go to Cicero-North Syracuse.
12 (Laughter.)
13 CHAIRMAN DeFRANCISCO: And remember
14 the name Breanna Stewart, by any chance? So once
15 she left, you guys took over, is that the idea?
16 (Laughter.)
17 CHAIRMAN DeFRANCISCO: All right.
18 Well, I congratulate you. It's a great
19 accomplishment two years in a row. And I hope at
20 least one of you becomes National Women's Player
21 of the Year like Breanna has become.
22 Now, who is that going to be?
23 (Laughter.)
24 CHAIRMAN DeFRANCISCO: All right.
25 So I'm going to watch out, and I'll be proudly
2305
1 watching you like I watch Breanna each time
2 Connecticut plays.
3 So congratulations, great work.
4 (Applause.)
5 ACTING PRESIDENT BOYLE: This
6 resolution was previously adopted on May 6, 2014.
7 Ladies, thank you so much for
8 joining us today. Congratulations. And we'll
9 probably see you again next year.
10 (Laughter.)
11 ACTING PRESIDENT BOYLE: Senator
12 Libous.
13 SENATOR LIBOUS: Mr. President, I
14 believe there's another previously adopted
15 resolution at the desk, Number 4688, by Senator
16 Robach. Could we have it read and call on
17 Senator Robach, please.
18 ACTING PRESIDENT BOYLE: The
19 Secretary will read.
20 THE SECRETARY: Legislative
21 Resolution Number 4688, by Senator Robach,
22 memorializing Governor Andrew M. Cuomo to
23 proclaim Wednesday, May 7, 2014, as YMCA
24 Statewide Healthy Kids Day in the State of
25 New York.
2306
1 "WHEREAS, It is the custom of this
2 Legislative Body to recognize those illustrious
3 organizations within this great state and nation
4 whose focus and intent have made a substantial
5 impact on the quality of life in their
6 communities; and
7 "WHEREAS, Attendant to such concern,
8 and in full accord with its long-standing
9 traditions, it is the sense of this Legislative
10 Body to memorialize Governor Andrew M. Cuomo to
11 proclaim Wednesday, May 7, 2014, as YMCA
12 Statewide Healthy Kids Day in the State of
13 New York; and
14 "WHEREAS, The YMCA has touched the
15 lives of virtually all Americans, through its
16 support of many endeavors, including camping,
17 public libraries, night schools, group swimming
18 lessons and lifesaving, teaching English as a
19 second language, and chronic disease prevention
20 programs; and
21 "WHEREAS, The Alliance of New York
22 State YMCAs is comprised of 45 independent Ys and
23 more than 120 YMCA branches, making up an
24 extraordinary group of dedicated nonprofits
25 working together to strengthen the communities of
2307
1 New York State; and
2 "WHEREAS, The YMCA is for youth
3 development and is dedicated to nurturing the
4 potential of every child and teen; the YMCA is
5 for healthy living and is committed to improving
6 the nation's health and well-being; and the YMCA
7 is for social responsibility as well and is
8 devoted to giving back and providing support for
9 its neighbors; and
10 "WHEREAS, The YMCA created the
11 nation's largest health day for children and is
12 celebrating the 23rd year of Healthy Kids Day;
13 and
14 "WHEREAS, It is the sense of this
15 Legislative Body that when organizations of such
16 noble aims and accomplishments are brought to
17 our attention, they should be celebrated and
18 recognized by all citizens of this great Empire
19 State; now, therefore, be it
20 "RESOLVED, That this Legislative
21 Body pause in its deliberations to memorialize
22 Governor Andrew M. Cuomo to proclaim Wednesday,
23 May 7, 2014, as YMCA Statewide Healthy Kids Day
24 in the State of New York; and be it further
25 "RESOLVED, That copies of this
2308
1 resolution, suitably engrossed, be transmitted to
2 the Honorable Andrew M. Cuomo, Governor of the
3 State of New York, and to The Alliance of
4 New York State YMCAs."
5 ACTING PRESIDENT BOYLE: Senator
6 Robach.
7 SENATOR ROBACH: Yes,
8 Mr. President, very briefly on the resolution.
9 I also would like to welcome all
10 these kids from the Y who are here today, along
11 with some of their leaders -- George Romell, from
12 the greater Rochester area, and Denise Murphy,
13 who works with them here in Albany -- and really
14 just thank the Y. I grew up as a Y kid, the
15 Maplewood Y in Rochester.
16 And as was pointed out in the
17 resolution, this is now 23 years, one of the
18 longest programs for healthy kids. And whether,
19 as the logo says, it's mind, body or spirit,
20 certainly we know that starting kids off on the
21 right track is an important thing to do, whether
22 it's healthy habits, good eating, good
23 activities. And no one does it better than the
24 Y.
25 I just want to congratulate them on
2309
1 doing it for 23 years strong, in addition to all
2 the other great things they do and services they
3 provide for members in all our communities across
4 the state, and thank them all for being here,
5 especially the young people who are participating
6 in the program and making those healthy choices.
7 If you want to stand up for a
8 minute, we'll be happy to give you a nice hand
9 for being here today. And appreciate it. Thank
10 you.
11 (Applause.)
12 ACTING PRESIDENT BOYLE: This
13 resolution was previously adopted on April 25,
14 2014.
15 I'd like to thank Senator Robach's
16 people from the Y for all you do on a statewide
17 basis. Thank you for joining us.
18 Senator DeFrancisco.
19 SENATOR DeFRANCISCO: Could we take
20 up previously adopted Resolution 3579, by Senator
21 Griffo, and read the title only.
22 ACTING PRESIDENT BOYLE: The
23 Secretary will read.
24 THE SECRETARY: Legislative
25 Resolution Number 3579, by Senator Griffo,
2310
1 memorializing Governor Andrew M. Cuomo to
2 proclaim May 2014 as Lupus Awareness Month in the
3 State of New York.
4 ACTING PRESIDENT BOYLE: Senator
5 Griffo.
6 SENATOR GRIFFO: Thank you,
7 Mr. President.
8 We have been joined today by a
9 number of individuals who are here. Each year in
10 this chamber we have the opportunity, and I
11 appreciate the efforts, to ask the Governor to
12 memorialize this month as Lupus Awareness Month.
13 Over 5 million people worldwide are afflicted
14 with this disease. Over 1.5 million Americans
15 suffer from this disease, and over 105,000
16 New York State residents.
17 The problem is one of not only care
18 and understanding, but healthcare professionals
19 many times are unaware of the symptoms. They
20 don't really have the familiarization,
21 unfortunately, with some of the effects that
22 people who are suffering with the disease are
23 trying to explain, and try to find the
24 determination so that prior diagnosis can be made
25 to allow for better treatment options.
2311
1 Now, there is new research; there
2 continues to be new inroads, despite the
3 challenges, for this disease. But I think it's
4 very imperative that each year we gather, with
5 all those who work so hard, to promote awareness,
6 to make sure that we have a better understanding.
7 Particularly because, unfortunately,
8 this disease is really more prevalent among many
9 segments of our population: African-Americans,
10 Hispanics, Native Americans, and Asians.
11 Tragically, so many people die this from disease
12 each year because of the fact that not only do we
13 need to find a better way to ultimately get to a
14 cure through the research and other medical
15 studies, but also to make sure that people are
16 fully aware and educated to understand how to
17 identify and diagnose properly to provide
18 treatment.
19 So today I am pleased that joining
20 with me -- I'd like to recognize some of those
21 who work so hard each and every day to ensure
22 that we are promoting this awareness and we are
23 trying to continue to educate, we are trying to
24 dedicate dollars for additional research in order
25 to someday hopefully eliminate this dreaded
2312
1 disease that afflicts so many, as I had
2 indicated. And I know personally, because I had
3 an aunt who passed away of lupus.
4 I want to welcome today Kathleen
5 Arnsten. Kathleen is with us, and she is from
6 the Lupus Foundation of Mid and Northern
7 New York. Diane Gross, of the Lupus Foundation.
8 Jeanine Cox, from the Long Island/Queens Lupus
9 Alliance. Honi Jurzeja, who is from the Upstate
10 Alliance. Kara Moran, from the Southern Tier,
11 Southern New York Alliance of Lupus. And Julie
12 Mersereau, who is from the Genesee Valley Lupus
13 Foundation. I hope I pronounced the names as
14 close as possible.
15 But I do appreciate all of their
16 leadership, all of their efforts. I want to
17 welcome them to the chamber. And I know we truly
18 understand that this is a dreaded disease and
19 want to do our part, as we do each and every
20 year, calling upon the Governor to memorialize
21 this month as Lupus Awareness Month, so that we
22 can continue to not only educate people but
23 hopefully someday find that cure.
24 So thank you very much for your
25 efforts, and thanks for being with us today.
2313
1 (Applause.)
2 ACTING PRESIDENT BOYLE: The
3 resolution was previously adopted on February 27,
4 2014.
5 Ladies, thank you for joining us.
6 Senator Libous.
7 SENATOR LIBOUS: Thank you,
8 Mr. President.
9 I believe Senator Ball has a
10 previously adopted resolution, Number 4689, which
11 is at the desk. Could we have it read and call
12 on Senator Ball.
13 ACTING PRESIDENT BOYLE: The
14 Secretary will read.
15 THE SECRETARY: Legislative
16 Resolution Number 4689, by Senator Ball,
17 commemorating the 100th Anniversary of the
18 Mahopac Volunteer Fire Department.
19 "WHEREAS, This Legislative Body is
20 justly proud to commemorate the 100th Anniversary
21 of the Mahopac Volunteer Fire Department, which
22 was celebrated on Saturday, January 4, 2014, at
23 the Putnam County Golf Course in Mahopac,
24 New York, and to honor all of its past and
25 present members for providing 100 years of
2314
1 exemplary fire protection; and
2 "WHEREAS, Volunteer fire departments
3 are an integral part of community protection in
4 localities across this great Empire State; and
5 "WHEREAS, For the past 100 years,
6 the courageous and dedicated firefighters of the
7 Mahopac Volunteer Fire Department have valiantly
8 volunteered their time to respond to various fire
9 emergencies, all while earning the praise and
10 respect of the community in which they serve; and
11 "WHEREAS, The Mahopac Volunteer Fire
12 Department was established in the fall of 1914,
13 after numerous fires caused great concern among
14 the residents of the community; 40 brave men
15 gathered at the Old Town Hall and, under the
16 leadership of George 'Shorty' Long and Jerome
17 Peck, a new volunteer fire department was
18 created; and
19 "WHEREAS, In January 1915, the
20 department leased the second floor of the
21 railroad station and converted a donated Ford
22 automobile into a firefighting vehicle; they were
23 then able to purchase a Mack chemical fire
24 engine, and in 1918, they purchased the old
25 schoolhouse on Croton Falls Road; and
2315
1 "WHEREAS, In 1921, the Mahopac
2 Volunteer Fire Department acquired an advanced
3 Stewart Buffalo pumper, a GMC Buffalo pumper, and
4 an American LaFrance fire engine; members began
5 to render emergency medical assistance with the
6 help of a donated Buick ambulance; and
7 "WHEREAS, The Mahopac Volunteer Fire
8 Department continued to grow and expand services
9 during the Great Depression, due in great parts
10 to the selfless efforts and donations of summer
11 vacationers and the citizens of Mahopac; they
12 were, remarkably, able to donate a fire engine
13 to the new volunteer fire department in
14 neighboring Mahopac Falls; and
15 "WHEREAS, During World War II, the
16 Mahopac Volunteer Fire Department's members
17 bravely served their country as members of the
18 United States Armed Forces; after the war, a new
19 four-bay colonial-style firehouse was built on
20 Croton Falls Road, which has served the
21 department to the present day; and
22 "WHEREAS, As Mahopac changed from a
23 tourist area to a bedroom community, the Mahopac
24 Volunteer Fire Department continued to provide
25 excellent service, fighting blazes which
2316
1 destroyed all the old hotels in the area; and
2 "WHEREAS, The 1960s will always be
3 remembered for the great heroics of the
4 volunteers' life-saving actions and for the
5 recognition attained by the department winning
6 several New York Daily News Vamps's awards; and
7 "WHEREAS, The Mahopac Volunteer
8 Fire Department built its first substation on
9 Crane Road during the 1970s and added a second
10 substation in 1991; today, it continues to update
11 its skills and expertise, while replacing older
12 apparatus with new modern firefighting rigs; and
13 "WHEREAS, A new state-of-the-art
14 firehouse was completed in 2007 and dedicated to
15 all members -- past, present, and future -- who
16 have devoted their lives to protect the residents
17 of Mahopac, New York, over the past 100 years;
18 and
19 "WHEREAS, This Legislative Body
20 cannot express sufficient gratitude to all of
21 those trained and devoted individuals who serve
22 and protect their communities through volunteer
23 fire departments across this great Empire State;
24 now, therefore, be it
25 "RESOLVED, That this Legislative
2317
1 Body pause in its deliberations to proudly
2 commemorate the 100th Anniversary of the Mahopac
3 Volunteer Fire Department; and be it further
4 "RESOLVED, That a copy of this
5 resolution, suitably engrossed, be transmitted to
6 the Mahopac Volunteer Fire Department."
7 ACTING PRESIDENT BOYLE: Senator
8 Ball.
9 SENATOR BALL: Thank you very much.
10 It's an honor to have the brave men from the
11 Mahopac Volunteer Fire Department here with us
12 today, if they wouldn't mind standing.
13 We have, behind me, Chief Brian
14 Lena, 2nd Assistant Chief Bill Nikisher, and
15 President Vinny Roberto, Jr., whose son actually
16 goes to West Point. And we will not hold that
17 against him today, but Go Air Force in November,
18 and I look forward to seeing him at that football
19 game.
20 And up in the gallery we have Frido
21 Goerlich, Ron Smith, Henry Schleicher, Aldo Muia,
22 Ed Scott, and Tom Beatty.
23 You know, when we think about
24 100 years of this organization and 100 years of
25 service, there are few professions that we really
2318
1 do not fully appreciate until we need to pick up
2 that phone and make sure that they have our back.
3 You think about cops, you think about special
4 forces troops and military men and women, and
5 certainly the men who are with us today.
6 You know, our community has
7 certainly seen tragedies that would break most
8 people if you had to confront them one-on-one.
9 And what these men have done as people are
10 running out, out of a home or out of a building,
11 the calls that they respond to, all volunteer,
12 tirelessly putting their lives on the line nearly
13 every day -- and also a tribute and a thank you
14 to all your families, because we know that
15 whether it be servicemen and women or the fire
16 department in Mahopac, it's the entire family
17 that serves.
18 So I thank you so much for coming
19 here today. I went to an event about a month
20 ago, and I said, first we'll go to the Senate
21 chamber and then we'll go to McGeary's. I don't
22 know which one is more impressive. I know, for
23 me, I like McGeary's a little bit; on Sundays
24 it's like this.
25 But thank you so much. God bless
2319
1 each and every one of you, and welcome to your
2 Senate. Thank you.
3 (Standing ovation.)
4 ACTING PRESIDENT BOYLE: Thank you,
5 Senator Ball. The resolution was previously
6 adopted on April 29, 2014.
7 Thank you, gentlemen, for joining us
8 and thank you for all you've done for the Mahopac
9 community.
10 Senator Libous.
11 SENATOR LIBOUS: Mr. President, at
12 this time I'm calling an immediate meeting of the
13 Rules Committee in Room 332. There will be an
14 immediate meeting of the Rules Committee. We
15 will take up one bill in committee, and we'll
16 come out on the floor and deal with that and the
17 active list.
18 So if we could just stand at ease
19 temporarily.
20 ACTING PRESIDENT BOYLE: There will
21 be an immediate meeting of the Rules Committee in
22 Room 332 of the Capitol.
23 The Senate will stand at ease
24 pending the report of the Rules Committee.
25 (Whereupon, the Senate stood at ease
2320
1 at 11:59 a.m.)
2 (Whereupon, the Senate reconvened at
3 12:11 p.m.)
4 ACTING PRESIDENT BOYLE: Senator
5 Libous.
6 SENATOR LIBOUS: Mr. President, at
7 this time could we take up the noncontroversial
8 reading of today's active list, please.
9 ACTING PRESIDENT BOYLE: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 117, by Senator LaValle, Senate Print Number
13 4577, an act to amend Chapter 399 of the Laws of
14 2008.
15 ACTING PRESIDENT BOYLE: There is a
16 home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 60th day.
20 ACTING PRESIDENT BOYLE: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BOYLE: Announce
24 the results.
25 THE SECRETARY: Those recorded in
2321
1 the negative on Calendar 117: Senator
2 Marcellino.
3 Ayes, 58. Nays, 1.
4 SENATOR DILAN: I wanted to explain
5 my vote.
6 ACTING PRESIDENT BOYLE: Senator
7 Dilan.
8 SENATOR DILAN: Yes, I rise to
9 support this bill.
10 And I voted yes because I believe
11 firmly that local jurisdictions should have the
12 ability to set the speed limit within their
13 jurisdiction.
14 Also, I would like my colleagues to
15 know that I have introduced a bill, 6496A, which
16 would also give New York City the same authority
17 to lower the speed limit as low as 20 miles per
18 hour, as they see fit, within their roads.
19 The purpose of the bill is to save
20 lives. In 2013, New York City had as many deaths
21 from vehicle accidents as it had murders. So at
22 this time I am seeking a home-rule message from
23 the City Council and hope that my colleagues can
24 support S6496A.
25 Thank you.
2322
1 ACTING PRESIDENT BOYLE: Senator
2 Hoylman to explain his vote.
3 SENATOR HOYLMAN: Mr. President, I
4 rise to also support this bill and the concept
5 that Senator Dilan has articulated so well.
6 You know, yesterday, Mr. President,
7 we were visited by families who have loved ones
8 who had been killed or maimed because of the
9 unacceptable situation in New York City where we
10 cannot set our own speed limit.
11 And while I support Senator
12 LaValle's effort, I agree with Senator Dilan that
13 it's time that New York City have that ability to
14 do the same. These are not car traffic
15 accidents, they are preventable crashes. And the
16 sooner we come to that conclusion, hopefully we
17 will then address this situation and allow all
18 localities to set their own speed limits,
19 including the City of New York.
20 I vote aye, Mr. President.
21 ACTING PRESIDENT BOYLE: Senator
22 Marcellino to explain his vote.
23 SENATOR MARCELLINO: Not to explain
24 my vote. I inadvertently voted the wrong way. I
25 want to vote up on this bill.
2323
1 ACTING PRESIDENT BOYLE: So noted.
2 Senator Nozzolio to explain his
3 vote.
4 SENATOR NOZZOLIO: Thank you,
5 Mr. President.
6 Mr. President and my colleagues, I
7 share the support of this measure. I think it's
8 a very good measure. I also am very sensitive to
9 the comments of Senator Dilan. As I learned, I
10 had a good friend who suffered a pedestrian
11 accident and her son expired as a result of that
12 accident.
13 We have also a measure to allow
14 communities in upstate to set their own speed
15 limits. That's something that many of the towns
16 that I represent -- I have well over 50 towns in
17 my senatorial district -- many towns ask us for
18 this authority, and they do not have it.
19 So just as City of New York is
20 suggesting this, we believe strongly and we
21 passed legislation in this house to provide the
22 towns of our state with the authority to lower
23 speed limits when they believed it was in the
24 public interest to do so.
25 So I am sensitive to Senator Dilan's
2324
1 legislation for a number of reasons, but believe
2 also we should have a statewide measure that
3 allows towns to do the same thing. And we should
4 have them certainly to have that authority for
5 individual communities to do such a safety
6 measure.
7 So thank you, Mr. President. I
8 support this legislation.
9 ACTING PRESIDENT BOYLE: Thank you.
10 Senator Stavisky to explain her
11 vote.
12 SENATOR STAVISKY: Yes, I too agree
13 that towns should be able to set their own speed
14 limits. But I also believe that cities should
15 be, particularly cities having a population of
16 1 million or more.
17 Yesterday one of my constituents or
18 two of my constituents were up in Albany; they've
19 been here many times. Their name is Liao. They
20 lost their daughter Allison to a terrible,
21 terrible accident in Flushing where Allison was
22 coming home from school, her grandmother was with
23 her, and a car hit Allison and Allison was
24 killed.
25 And this family has turned a
2325
1 terrible tragedy into service, government
2 service, lobbying, urging people to pass bills
3 such as Senator LaValle's bill giving localities
4 the ability to determine speed limits.
5 And I vote today -- and I was
6 wearing Allison's little pink band. And every
7 time I see the family -- I saw them last Friday
8 night -- I am amazed and I am in awe of this
9 couple because they have been advocating for this
10 type of legislation, and they will continue to do
11 so. And so shall I.
12 Thank you. I vote aye.
13 ACTING PRESIDENT BOYLE: Thank you.
14 Are there any other Senators wishing
15 to explain their vote?
16 Announce the results.
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT BOYLE: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 123, by Senator Seward, Senate Print 6408B, an
22 act to authorize.
23 ACTING PRESIDENT BOYLE: There is a
24 home-rule message at the desk.
25 Read the last section.
2326
1 THE SECRETARY: Section 5. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BOYLE: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BOYLE: Announce
7 the results.
8 THE SECRETARY: Ayes, 58. Nays, 1.
9 Senator Ball recorded in the negative.
10 ACTING PRESIDENT BOYLE: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 191, by Senator Farley, Senate Print 6282, an act
14 to amend the Education Law.
15 ACTING PRESIDENT BOYLE: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BOYLE: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT BOYLE: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2327
1 193, by Senator Bonacic, Senate Print 5077, an
2 act to amend the Civil Practice Law and Rules.
3 ACTING PRESIDENT BOYLE: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BOYLE: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT BOYLE: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 203, by Senator Hannon, Senate Print 3817, an act
15 to amend the Public Health Law.
16 ACTING PRESIDENT BOYLE: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BOYLE: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BOYLE: Announce
24 the results.
25 THE SECRETARY: Ayes, 59.
2328
1 ACTING PRESIDENT BOYLE: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 257, by Senator Young, Senate Print 4356, an act
5 to amend the Soil and Water Conservation
6 Districts Law.
7 ACTING PRESIDENT BOYLE: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BOYLE: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BOYLE: Announce
15 the result.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT BOYLE: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 313, by Senator Grisanti, Senate Print 6117A, an
21 act to amend the Real Property Tax Law.
22 ACTING PRESIDENT BOYLE: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 120th day.
2329
1 ACTING PRESIDENT BOYLE: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BOYLE: Announce
5 the result.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT BOYLE: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 321, by Senator Grisanti, Senate Print 6292, an
11 act to amend the Education Law.
12 ACTING PRESIDENT BOYLE: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BOYLE: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BOYLE: Announce
20 the result.
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT BOYLE: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 327, by Senator Libous, Senate Print 976, an act
2330
1 to amend the Civil Service Law.
2 ACTING PRESIDENT BOYLE: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BOYLE: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BOYLE: Announce
10 the result.
11 THE SECRETARY: Ayes, 58. Nays, 1.
12 Senator Sanders recorded in the negative.
13 ACTING PRESIDENT BOYLE: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 331, by Senator Avella, Senate Print 731, an act
17 to amend the Religious Corporations Law.
18 ACTING PRESIDENT BOYLE: Read the
19 last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BOYLE: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BOYLE: Announce
2331
1 the result.
2 THE SECRETARY: Ayes, 58. Nays, 1.
3 Senator Ball recorded in the negative.
4 ACTING PRESIDENT BOYLE: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 338, by Senator LaValle, Senate Print 2178A, an
8 act to amend the Environmental Conservation Law.
9 ACTING PRESIDENT BOYLE: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BOYLE: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BOYLE: Announce
17 the result.
18 THE SECRETARY: Ayes, 58. Nays, 1.
19 Senator Gipson recorded in the negative.
20 ACTING PRESIDENT BOYLE: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 345, by Senator Golden, Senate Print 2169, an act
24 to amend the Real Property Tax Law.
25 ACTING PRESIDENT BOYLE: Read the
2332
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BOYLE: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BOYLE: Announce
8 the result.
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT BOYLE: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 347, by Senator Marcellino, Senate Print 1506, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT BOYLE: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the first of November.
19 ACTING PRESIDENT BOYLE: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BOYLE: Announce
23 the result.
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT BOYLE: The bill
2333
1 is passed.
2 THE SECRETARY: Calendar Number
3 359, by Senator Skelos, Senate Print 3033, an act
4 to amend the Penal Law.
5 ACTING PRESIDENT BOYLE: Read the
6 last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect on the first of November.
9 ACTING PRESIDENT BOYLE: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BOYLE: Announce
13 the result.
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT BOYLE: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 360, by Senator Golden, Senate Print 3074, an act
19 to amend the Criminal Procedure Law.
20 SENATOR GIANARIS: Lay it aside.
21 ACTING PRESIDENT BOYLE: The bill
22 is laid aside.
23 THE SECRETARY: Calendar Number
24 363, by Senator Nozzolio, Senate Print 4488, an
25 act to amend the Penal Law.
2334
1 ACTING PRESIDENT BOYLE: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 30th day.
5 ACTING PRESIDENT BOYLE: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BOYLE: Announce
9 the result.
10 THE SECRETARY: In relation to
11 Calendar Number 363, those recorded in the
12 negative are Senators Dilan, Hoylman, Montgomery
13 and Squadron. Also Senator Hassell-Thompson.
14 Ayes, 54. Nays, 5.
15 ACTING PRESIDENT BOYLE: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 400, by Senator Flanagan, Senate Print 1530, an
19 act to amend the Economic Development Law.
20 ACTING PRESIDENT BOYLE: Read the
21 last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BOYLE: Call the
25 roll.
2335
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BOYLE: Announce
3 the result.
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT BOYLE: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 405, by Senator Addabbo, Senate Print 1919, an
9 act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT BOYLE: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BOYLE: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BOYLE: Announce
18 the result.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT BOYLE: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 407, by Senator Golden, Senate Print 2503, an act
24 to amend the Vehicle and Traffic Law.
25 ACTING PRESIDENT BOYLE: Read the
2336
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of November.
4 ACTING PRESIDENT BOYLE: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BOYLE: Announce
8 the result.
9 THE SECRETARY: Ayes, 58. Nays, 1.
10 Senator Montgomery recorded in the negative.
11 ACTING PRESIDENT BOYLE: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 408, by Senator Larkin, Senate Print 3994, an act
15 to amend the Vehicle and Traffic Law.
16 ACTING PRESIDENT BOYLE: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of November.
20 ACTING PRESIDENT BOYLE: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BOYLE: Senator
24 Latimer to explain his vote.
25 SENATOR LATIMER: Thank you,
2337
1 Mr. President.
2 I stand to support this bill. I
3 would highlight that in our effort to try to make
4 sure that these devices are not used, we should
5 consider legislation as well that deals with
6 retail sales of these products so that as legal
7 as it may be to operate a vehicle with them in
8 your car, that they would also be restricted in
9 the way they can be sold.
10 There are some uses, as
11 Senator Larkin pointed out in this legislation,
12 that may be valuable, but they're very narrow as
13 to where legitimate use should be.
14 And we should also take a look at
15 the manufacturing of these items, just to make
16 sure that while we punish the operator who uses
17 it, we also make sure that they're not easily
18 available.
19 With that, I vote in the
20 affirmative.
21 ACTING PRESIDENT BOYLE: Thank you.
22 Are there any other Senators wishing
23 to explain their vote?
24 Announce the result.
25 THE SECRETARY: Ayes, 59.
2338
1 ACTING PRESIDENT BOYLE: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 413, by Senator Flanagan, Senate Print 1191, an
5 act to amend the Executive Law.
6 ACTING PRESIDENT BOYLE: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BOYLE: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BOYLE: Announce
14 the result.
15 THE SECRETARY: Ayes, 58. Nays, 1.
16 Senator Montgomery recorded in the negative.
17 ACTING PRESIDENT BOYLE: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 415, by Senator Golden, Senate Print 1957, an act
21 to amend the Executive Law.
22 ACTING PRESIDENT BOYLE: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of January.
2339
1 ACTING PRESIDENT BOYLE: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BOYLE: Announce
5 the result.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT BOYLE: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 418, substituted earlier by Member of the
11 Assembly Barrett, Assembly Print 8315, an act to
12 amend the Executive Law.
13 ACTING PRESIDENT BOYLE: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BOYLE: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BOYLE: Announce
21 the result.
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT BOYLE: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2340
1 429, by Senator Marcellino, Senate Print 3631A,
2 an act to amend the Tax Law.
3 ACTING PRESIDENT BOYLE: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BOYLE: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BOYLE: Announce
11 the result.
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT BOYLE: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 434, substituted earlier by Member of the
17 Assembly Markey, Assembly Print 8727A, an act to
18 amend Chapter 704 of the Laws of 1991.
19 SENATOR GIANARIS: Lay it aside.
20 ACTING PRESIDENT BOYLE: The bill
21 is laid aside.
22 THE SECRETARY: Calendar Number
23 461, by Senator Marcellino, Senate Print 1507A,
24 an act to amend the Penal Law.
25 ACTING PRESIDENT BOYLE: Read the
2341
1 last section.
2 THE SECRETARY: Section 6. This
3 act shall take effect on the first of November.
4 ACTING PRESIDENT BOYLE: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BOYLE: Announce
8 the result.
9 THE SECRETARY: Ayes, 58. Nays, 1.
10 Senator Montgomery recorded in the negative.
11 ACTING PRESIDENT BOYLE: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 465, by Senator Lanza, Senate Print 2475, an act
15 to amend the Penal Law.
16 ACTING PRESIDENT BOYLE: Read the
17 last section.
18 THE SECRETARY: Section 7. This
19 act shall take effect on the first of November.
20 ACTING PRESIDENT BOYLE: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BOYLE: Announce
24 the result.
25 THE SECRETARY: Ayes, 59.
2342
1 ACTING PRESIDENT BOYLE: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 468, by Senator Seward, Senate Print 3547, an act
5 to amend the Penal Law.
6 ACTING PRESIDENT BOYLE: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall effect on the first of November.
10 ACTING PRESIDENT BOYLE: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BOYLE: Announce
14 the result.
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT BOYLE: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 470, by Senator Griffo, Senate Print 3871, an act
20 to amend the Penal Law.
21 ACTING PRESIDENT BOYLE: Read the
22 last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT BOYLE: Call the
2343
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BOYLE: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 470, those recorded in the
7 negative are Senators Dilan, Hassell-Thompson,
8 Hoylman, Krueger, Montgomery, Rivera, Serrano and
9 Squadron.
10 Ayes, 51. Nays, 8.
11 ACTING PRESIDENT BOYLE: The bill
12 is passed.
13 Senator Libous, that completes the
14 noncontroversial reading of the calendar.
15 SENATOR LIBOUS: Mr. President,
16 thank you.
17 Before we get to the controversial
18 reading, I'd like to return to reports of
19 standing committees. I believe there's a report
20 of the Rules Committee at the desk.
21 ACTING PRESIDENT BOYLE: There is a
22 report at the desk.
23 The Secretary will read.
24 THE SECRETARY: Senator Skelos,
25 from the Committee on Rules, reports the
2344
1 following bill direct to third reading: Senate
2 Print 7097, by Senator Felder, an act to amend
3 the Election Law.
4 ACTING PRESIDENT BOYLE: Senator
5 Libous.
6 SENATOR LIBOUS: Mr. President, I
7 move to accept the report of the Rules Committee.
8 ACTING PRESIDENT BOYLE: All in
9 favor of accepting the Rules Committee report
10 signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT BOYLE: Opposed,
13 nay.
14 (No response.)
15 ACTING PRESIDENT BOYLE: The Rules
16 report is accepted.
17 Senator Libous.
18 SENATOR LIBOUS: Mr. President, at
19 this time can we take up Supplemental Calendar
20 35A, please, noncontroversial.
21 ACTING PRESIDENT BOYLE: The
22 Secretary will read the substitution.
23 THE SECRETARY: Senator Felder
24 moves to discharge, from the Committee on Rules,
25 Assembly Bill Number 9407 and substitute it for
2345
1 the identical Senate Bill Number 7097, Third
2 Reading Calendar 598.
3 ACTING PRESIDENT BOYLE:
4 Substitution ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 598, by Member of the Assembly Silver,
8 Assembly Print Number 9407, an act to amend the
9 Election Law.
10 ACTING PRESIDENT BOYLE: Read the
11 last section.
12 THE SECRETARY: Section 2. This act
13 shall take effect immediately.
14 ACTING PRESIDENT BOYLE: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BOYLE: Announce
18 the result.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT BOYLE: The bill
21 is passed.
22 Mr. Floor Leader.
23 SENATOR LIBOUS: Thank you,
24 Mr. President.
25 I'd now like to take up the
2346
1 controversial reading of today's calendar, but I
2 would like to start with Calendar Number 434, by
3 Senator Marcellino, please.
4 ACTING PRESIDENT BOYLE: The
5 Secretary will ring the bell.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 434, by Member of the Assembly Markey, Assembly
9 Print Number 8727A, an act to amend Chapter 704
10 of the Laws of 1991.
11 ACTING PRESIDENT BOYLE: Senator
12 Squadron.
13 SENATOR SQUADRON: Thank you.
14 On the bill, Mr. President.
15 ACTING PRESIDENT BOYLE: On the
16 bill.
17 SENATOR SQUADRON: Thank you.
18 So this has become an annual or
19 semiannual tradition here in the State
20 Legislature, to simply extend the provisions
21 allowing ticket reselling at any price in
22 New York State, something that was originally
23 authorized a few years ago, last modified in
24 2010.
25 And year after year, there are
2347
1 concerns and problems with this bill. And year
2 after year, we get toward the deadline of the
3 expiration of allowing ticket reselling, and we
4 just do an extension of the flawed problematic
5 bill that hurts consumers, hurts artists, hurts
6 many of the venues -- many of which, by the way,
7 are taxpayer-subsidized, from Jones Beach to
8 Madison Square Garden -- and does not have its
9 intended effect of creating a better beneficial
10 market.
11 Look, there are a lot of issues with
12 this bill, a lot of issues with the law that
13 we've been living under and extending seemingly
14 to infinity. But one in particular I think is
15 critical to highlight today.
16 After Superstorm Sandy, which had
17 such a devastating impact in my district and even
18 more so in other districts across the state, a
19 number of artists got together to do a charitable
20 concert to support the victims of Superstorm
21 Sandy. It was actually the dollars went to the
22 Robin Hood Foundation and were then distributed
23 to victims of Superstorm Sandy. It was called
24 the 12/12/12 concert -- December 12, 2012, just a
25 couple of months, less than a couple of months
2348
1 after Sandy had devastated so many parts of the
2 state.
3 Some extraordinary artists played
4 there -- Bruce Springsteen, Roger Waters of
5 Pink Floyd, Bon Jovi -- even the New Jersey ones
6 we accepted -- Eric Clapton, the Rolling Stones,
7 Alicia Keys, The Who, Kanye West, Billy Joel -- a
8 great New Yorker, maybe even from the president's
9 district -- Chris Martin, Paul McCartney. It was
10 a great concert, and it was great that these
11 artists were willing to donate their time for the
12 victims of Sandy.
13 Unfortunately, when the tickets went
14 on sale, they were sold out within minutes,
15 literally within minutes, literally within
16 minutes of going on sale. The reason for that is
17 ticket resellers jumped in and grabbed a huge
18 percentage of those tickets up-front.
19 And you know what they did? They
20 went and tried to resell those tickets way above
21 face value. And they weren't doing that so that
22 the Robin Hood Foundation or the victims of Sandy
23 could get more dollars, they were doing that as
24 simple profiteering. There's no other word for
25 it.
2349
1 Let's be clear what happened. A
2 bunch of great artists got together to host a
3 charitable event, they set prices for that event.
4 And then, instead of fans and supporters of the
5 cause being able to access the event, that
6 opportunity was taken away by profiteers. They
7 then went and resold those tickets at a massive
8 profit and lined their own pockets with the
9 charitable giving and the charitable instinct
10 that those artists and that event was meant for.
11 I've got to tell you, that's simply
12 wrong. At the time Senator Schumer sent a letter
13 to StubHub and begged them not to list tickets
14 above face value unless the seller was going to
15 guarantee they were going to give the money to
16 the Robin Hood Foundation. StubHub wouldn't do
17 it.
18 Ticketmaster, though, refused to
19 list them. They said no one but the Robin Hood
20 Foundation should profit from this event.
21 However, even on the day of the
22 concert there were still 318 tickets listed for
23 sale on StubHub, with prices ranging from $790 to
24 $6,500. Shouldn't be allowed.
25 There are a lot of problems with
2350
1 this bill, a lot of questions about this bill.
2 One that we should be able to come together on is
3 that profiteers should not be able to take over
4 charitable events to line their own pockets.
5 It's not fair to the artists, it's not fair to
6 the fans, and most importantly, it's not fair to
7 the beneficiaries of that charitable cause.
8 Now, please bear with me,
9 Mr. President. I'd like to use the words of the
10 incredible artists who played that night. For
11 those who were lucky enough to get into the
12 concert, I think they heard some appropriate
13 messages.
14 I don't care if it's Chinatown or
15 Riverside, sang Billy Joel, I've seen the lights
16 go out on Broadway, I saw the Empire State laid
17 low. Meanwhile, ticket resellers just said:
18 Money, it's a gas, grab that cash with both hands
19 and make a stash. Pink Floyd? Thank you,
20 Senator Savino.
21 (Laughter.)
22 SENATOR SQUADRON: We don't need no
23 education, we don't need no thought control to
24 know that this is simply wrong. Even if we have
25 become comfortably numb.
2351
1 The situation makes it look like
2 money, so they say, is the root of all evil
3 today. And whether you agree with that or not,
4 we can certainly agree that those that take
5 charitable funds when New York City is in need,
6 yeah, that's a trifling friend indeed. Kanye
7 West.
8 (Laughter.)
9 SENATOR SQUADRON: Hello, is there
10 anybody there? Just nod if you can hear me. Nod
11 if you will vote today not to pass this bill and
12 instead to prevent profiteering on charitable
13 events.
14 I ain't gonna be just a face in the
15 crowd, you're gonna hear my voice when I shout it
16 out loud. It's now or never, let's give it a
17 shot. We're halfway there. Even though it seems
18 we're living on a prayer, let's not pass this
19 bill today.
20 Sandy forced folks to sweat it out
21 on the streets of a runaway American dream. And
22 on 12/12/12 resellers exploited that fact. But
23 together, we can break this trap. It's a death
24 trap. It's a suicide rap. We got to get out
25 while we're still young. Baby, we're born to run
2352
1 away from this terrible policy.
2 Do not pass the bill. Change this
3 bill and meet me in a land of hope and dreams,
4 which really is what New York State should be.
5 Do it for the artists who gave their time to the
6 concert, for the fans and supporters who wanted
7 to be part of it, for the Sandy victims who, it's
8 no laughing matter, desperately needed the
9 support.
10 Because we're from New York,
11 concrete jungle where dreams are made of.
12 There's nothing you can't do. Now you're in
13 New York, these streets will make you feel
14 brand-new. Big lights will inspire you. Let's
15 hear it for New York, let's not pass this bill
16 today, let's prevent profiteering for charitable
17 events.
18 I'm going to vote no, Mr. President.
19 Thank you.
20 (Applause.)
21 ACTING PRESIDENT BOYLE: Thank you,
22 Senator Springsteen.
23 (Laughter.)
24 ACTING PRESIDENT BOYLE: Senator
25 Krueger.
2353
1 SENATOR KRUEGER: Well, I don't
2 really want to go after that. That was quite
3 extraordinary, Daniel Squadron.
4 Thank you, don't do it -- but I
5 will. Because Senator Squadron raised a very
6 serious concern about the model we have allowed
7 in --
8 ACTING PRESIDENT BOYLE: Senator,
9 are you on the bill?
10 SENATOR KRUEGER: On the bill.
11 Thank you, Mr. President.
12 Senator Squadron raises a very
13 poignant and important example of what's wrong
14 with our ticket-scalping law.
15 But I also urge my colleagues to
16 vote no not just for that one example, but
17 because in a world with online businesses and
18 automatic dialers and Internet ability to do
19 massive transactions without seemingly humans
20 even knowing what's going on, it's become an
21 obligation, I believe, of our government to get
22 smarter about how you appropriately regulate in a
23 world of Internet economic activity.
24 And the ticket-scalping example is
25 just one very important example of the unintended
2354
1 consequences of laws we have on the books or need
2 to have on the books to try to protect consumers.
3 In his example, we're trying to
4 protect the rights of people to actually have the
5 money go for a critical charitable purpose and to
6 respect the rights of the performers who were
7 offering their services free of charge for the
8 charity.
9 There are other examples of ticket
10 scalping where just people are not able to get
11 the tickets that they ought to be able to get,
12 they're not able to provide them to their
13 children without complex situations with exchange
14 of tickets and credit cards to teenagers that
15 never should have been having to give credit
16 cards. There's a whole model of Internet
17 commerce that we're seeing skewing our economy
18 and destroying consumer protections. And I think
19 it's worthy of a much larger debate in this
20 house.
21 I'd just jump to you have models of
22 Internet sublets, short-term stays that are
23 destroying whole communities of affordable
24 housing through companies like Airbnb. You have
25 an entire new world to think about how we
2355
1 regulate, and this is just one important example.
2 And I remember when Senator Squadron
3 and I sat at hearings and we heard some of these
4 concerns and we said, Well, the Legislature needs
5 to do something now, so we'll pass this bill
6 knowing it's going to need fixing. And then
7 every year we just renew it, knowing it needs
8 fixing. And apparently the fixes need to be even
9 bigger than we realize, and we shouldn't continue
10 to let these inequities go on in our society.
11 So I'm also urging a vote no and a
12 serious look at how this state needs to move into
13 the 21st century for fair and equitable
14 regulation of Internet commerce.
15 Thank you, Mr. President.
16 ACTING PRESIDENT BOYLE: Thank you.
17 Senator Hoylman.
18 SENATOR HOYLMAN: Thank you. On
19 the bill.
20 I'd like to echo the comments of
21 Senator Krueger and the music -- the lyrics of
22 Senator Squadron.
23 I represent the Theater District
24 and Times Square. And while I know they support
25 the extension, I do want to point out something
2356
1 for my colleagues which is the danger of scalping
2 to consumers.
3 When did scalping become acceptable
4 in our society? Well, it came about because it's
5 a new business model because of companies like
6 StubHub and others that use the Web as a portal
7 to resell tickets. The person that gets cut out
8 of that, though, often are the producers of these
9 Broadway shows, because the tickets are purchased
10 by third parties in bulk before a show opens. At
11 that time the tickets go for a very low price.
12 The producers then, when they have a
13 hit show, don't benefit from any of the upside of
14 their show becoming a hit because the tickets
15 have been purchased many months in advance.
16 The other thing these third parties
17 do is they purchase tickets that are meant for
18 people with disabilities. I find that incredibly
19 offensive. Then when somebody who has a genuine
20 disability goes to the theater directly to
21 purchase the ticket, they cannot.
22 You go into many theaters on
23 Broadway now and you see perfectly able people
24 sitting in seats for our disabled community. And
25 I find that wrong. That's what ticket scalping
2357
1 encourages. It hurts producers, it hurts people
2 with disabilities.
3 And I agree with my colleagues that
4 we need to revisit this issue in a comprehensive
5 manner. I look forward to working with Senator
6 Marcellino in that regard, and doing so to
7 protect the integrity of our Theater District in
8 New York City and across our great state.
9 I'll be voting no, Mr. President.
10 ACTING PRESIDENT BOYLE: Are there
11 any other Senators wishing to be heard?
12 If not, Senator Marcellino to close.
13 SENATOR MARCELLINO: Mr. President,
14 thank you very much.
15 I want to thank my colleagues for
16 their comments and courtesies. But we should
17 point out certain facts. One, the industry gets
18 the sale price no matter who buys the ticket.
19 The theaters get the sale price that they charge
20 for the ticket.
21 I have attended recently -- and my
22 wife and I go to many Broadway shows, we enjoy
23 it. I've seen many preview shows where the
24 tickets are cut at much lower than they would if
25 the show had already been established as a hit.
2358
1 I've yet to see an empty theater in any of these
2 preview situations. They're usually full to
3 overflowing, with lines outside and people even
4 trying to scalp who have bought more tickets than
5 they could use, going from person to person in
6 line asking if they would.
7 With respect to the 12/12/12
8 comment, I enjoyed Senator Squadron's
9 quasi-singing. I encourage him not to quit his
10 day job.
11 (Laughter.)
12 SENATOR MARCELLINO: But I also
13 would like to point out that the charity receives
14 over a million dollars in contributions from the
15 ticket sellers, including StubHub, who gave about
16 a half a million dollars to the charity in
17 addition to whatever they took from it. So they
18 made about a million more than the sale price
19 would have garnered to them.
20 We have been looking to make some
21 amendments to this legislation. We have been
22 stymied, frankly, because the Assembly simply
23 would have none and wouldn't take any. So we
24 were limited to what we could do, and that is to
25 renew this bill the way it is now.
2359
1 I have proposed a bill, 6962, which
2 would do some modifications and make some
3 amendments to this law, one of which would be to
4 take all the fees that are charged by the
5 resellers and put them up-front so that
6 everybody, if you go online, immediately you see
7 what the full price would be for a ticket, rather
8 than having to go through several screens before
9 you finally get to what the final price would be.
10 You can see it up-front so you can make an
11 informed decision starting out immediately.
12 We're open to discussions, we're
13 open to other things. But this bill is timely,
14 and it has passed the Assembly. We need to keep
15 it going, and we need to move it today. So I
16 urge a yes vote, and we'll talk about amendments
17 in the coming weeks.
18 ACTING PRESIDENT BOYLE: The debate
19 is closed.
20 The Secretary will ring the bell.
21 Senator Farley for an announcement.
22 SENATOR FARLEY: Mr. President,
23 this was a very momentous day, with Union College
24 and everything coming in here. But there's also
25 another momentous thing happening; today is the
2360
1 birthday of an incredible Senator and rising
2 star. It's Senator John Flanagan's birthday
3 today.
4 (Applause.)
5 ACTING PRESIDENT BOYLE: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BOYLE: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BOYLE: Announce
13 the results.
14 THE SECRETARY: In relation to
15 Calendar Number 434, those recorded in the
16 negative are Senators Breslin, Carlucci, Dilan,
17 Gianaris, Gipson, Hassell-Thompson, Hoylman,
18 Krueger, Latimer, Montgomery, O'Brien, Parker,
19 Rivera, Sampson, Sanders, Savino, Serrano, Smith,
20 Squadron, Stavisky, Stewart-Cousins and Tkaczyk.
21 Absent from voting: Senators Díaz,
22 Espaillat, Hannon, Peralta and Perkins.
23 Ayes, 32. Nays, 22.
24 ACTING PRESIDENT BOYLE: The bill
25 is passed.
2361
1 Senator Libous.
2 SENATOR LIBOUS: Mr. President,
3 could we continue on the controversial calendar.
4 And I believe we'll take up Number 360 right now.
5 ACTING PRESIDENT BOYLE: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 360, by Senator Golden, Senate Print 3074, an act
9 to amend the Criminal Procedure Law.
10 ACTING PRESIDENT BOYLE: Read the
11 last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT BOYLE: Call the
15 roll.
16 SENATOR GIANARIS: Would you
17 recognize Senator Squadron, Mr. President.
18 SENATOR SQUADRON: Explanation,
19 please.
20 ACTING PRESIDENT BOYLE: Senator
21 Golden for an explanation.
22 SENATOR GOLDEN: Thank you,
23 Mr. President.
24 This would raise the level to an
25 E felony if an individual were to commit and be
2362
1 convicted of three crimes, either misdemeanor or
2 felonies, over a 10-year period. A new crime of
3 an E felony would be -- and that's criminal
4 procedural law -- for aggravated criminal conduct
5 would be the new charge.
6 And it would help us to rid the
7 streets of the multiples of misdemeanor arrests
8 that are being made, and felony arrests, over and
9 over and over again.
10 This is not new. We already have a
11 number of Bs that are raised to an E felony
12 already on the books. We already have a number
13 of As that are raised to an E felony on the
14 books, and we already have the persistent felony
15 arrests also that's on the books that deals with
16 a number of crimes.
17 This would allow us to deal with the
18 other misdemeanors that are not being dealt with.
19 ACTING PRESIDENT BOYLE: Senator
20 Krueger.
21 SENATOR KRUEGER: Thank you. I
22 thank the sponsor for the explanation.
23 So this bill, just for everybody to
24 understand, is if over the course of 10 years --
25 ACTING PRESIDENT BOYLE: Senator,
2363
1 are you on the bill?
2 SENATOR KRUEGER: I am on the bill.
3 Thank you, Mr. President.
4 -- if over the course of 10 years
5 you have been convicted of three or more
6 misdemeanors, that can translate into a felony
7 conviction.
8 So the sponsor just spoke that we
9 have any number of laws that have moved from a
10 misdemeanor status to a felony status. But in
11 this case it's having a history of misdemeanors,
12 three over 10 years. That would result in your
13 being treated at a level of a felony for a crime
14 that for other people would be a misdemeanor.
15 And frankly, I have a lot of trouble
16 with the idea that we would define a certain type
17 of crime as being a misdemeanor crime if Liz is
18 caught and a different level of crime with a
19 felony attached to it for the exact same action
20 if James is caught.
21 I think it's bad policy -- I was
22 trying to invent a generic name. Okay, fine, Liz
23 and James are very common names.
24 SENATOR SANDERS: Very common.
25 SENATOR KRUEGER: So I think it's a
2364
1 bit dangerous to have these different standards
2 of two people being charged with the exact same
3 crimes facing a different penalty under criminal
4 law.
5 And while it's not exactly the
6 three-strikes-you're-out model that many have
7 talk about as being so harmful in criminal
8 justice, it's awfully like a three-strikes-
9 you're-out bill.
10 So I think we should be very
11 cautious when moving this type of legislation,
12 and I'll be voting no, Mr. President. Thank you.
13 ACTING PRESIDENT BOYLE: Are there
14 any other Senators wishing to be heard?
15 Seeing none, the debate is closed.
16 The Secretary will ring the bell.
17 Read the last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BOYLE: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BOYLE: Announce
24 the results.
25 THE SECRETARY: In relation to
2365
1 Calendar Number 360, those recorded in the
2 negative are Senators Dilan, Hassell-Thompson,
3 Hoylman, Krueger, Montgomery, Parker, Rivera,
4 Sampson, Sanders, Serrano, Squadron, and
5 Stavisky.
6 Absent from voting: Senators Díaz,
7 Espaillat, Hannon, Peralta and Perkins.
8 Ayes, 42. Nays, 12.
9 ACTING PRESIDENT BOYLE: The bill
10 is passed.
11 Senator Libous.
12 SENATOR LIBOUS: Mr. President,
13 could we return to motions for a moment.
14 ACTING PRESIDENT BOYLE: Returning
15 to motions and resolutions.
16 Senator Libous.
17 SENATOR LIBOUS: Thank you,
18 Mr. President.
19 On behalf of Senator Seward, I call
20 up his bill, 6408B, which is now at the desk.
21 ACTING PRESIDENT BOYLE: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 123, by Senator Seward, Senate Print 6408B, an
25 act to authorize.
2366
1 SENATOR LIBOUS: Mr. President, I
2 now move to reconsider the vote by which this
3 bill was passed.
4 ACTING PRESIDENT BOYLE: Call the
5 roll on reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT BOYLE: The bill
9 is restored to its place on the Third Reading
10 Calendar.
11 Senator Libous.
12 SENATOR LIBOUS: Thank you,
13 Mr. President.
14 Now, is there any further business
15 at the desk?
16 ACTING PRESIDENT BOYLE: There is
17 no further business.
18 SENATOR LIBOUS: There being no
19 further business before the desk, I move that the
20 Senate adjourn until Monday, May 12th, at
21 3:00 p.m., intervening days being legislative
22 days.
23 ACTING PRESIDENT BOYLE: On motion,
24 the Senate stands adjourned until Monday,
25 May 12th, at 3:00 p.m. Intervening days will be
2367
1 legislative days.
2 (Whereupon, at 1:01 p.m., the Senate
3 adjourned.)
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