Regular Session - June 19, 2014
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 19, 2014
11 11:37 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR DAVID J. VALESKY, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT VALESKY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT VALESKY: Today
10 we are joined by the Reverend Dr. Marie
11 Innocent, of Christ International Outreach
12 Ministries in Jamaica. She will give us our
13 invocation.
14 REVEREND INNOCENT: Our Father in
15 heaven, hallowed be Your name. Your kingdom
16 come, Your will be done, on earth as it is in
17 heaven.
18 Father God, we gather in Your
19 presence today to pray for our Governor, this
20 Senate and the Legislative Body. Give them
21 patience, unity and love to continue the work of
22 our forefathers.
23 We pray for our soldiers away from
24 home. Give them the strength and the power to
25 conquer the enemies. Bring them home safely.
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1 Continue to bless our great nation
2 in every way. The leaders that are here today,
3 they are in Your hand. Give them guidance to go
4 along in this journey. It will be impossible
5 without You.
6 Give us today our daily bread and
7 forgive our sin, for we also, we forgive
8 everyone who is indebted us. And do not lead us
9 into temptation, but deliver us from the evil.
10 God bless America, my home sweet
11 home. God bless America, our home sweet home.
12 Amen.
13 ACTING PRESIDENT VALESKY: Reading
14 of the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, June 18th, the Senate met pursuant to
17 adjournment. The Journal of Tuesday, June 17th,
18 was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT VALESKY: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: On page 16,
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1 Senator Lanza moves to discharge, from the
2 Committee on Rules, Assembly Bill Number 1500A
3 and substitute it for the identical Senate Bill
4 Number 3600A, Third Reading Calendar 579.
5 On page 17, Senator LaValle moves
6 to discharge, from the Committee on
7 Environmental Conservation, Assembly Bill Number
8 8822B and substitute it for the identical Senate
9 Bill Number 6630B, Third Reading Calendar 624.
10 On page 19, Senator Gallivan moves
11 to discharge, from the Committee on Rules,
12 Assembly Bill Number 8729 and substitute it for
13 the identical Senate Bill Number 6457, Third
14 Reading Calendar 681.
15 On page 20, Senator O'Mara moves to
16 discharge, from the Committee on Rules, Assembly
17 Bill Number 9302 and substitute it for the
18 identical Senate Bill Number 6945, Third Reading
19 Calendar 688.
20 On page 21, Senator Grisanti moves
21 to discharge, from the Committee on Local
22 Government, Assembly Bill Number 9035 and
23 substitute it for the identical Senate Bill
24 Number 6987, Third Reading Calendar 745.
25 On page 21, Senator Young moves to
4475
1 discharge, from the Committee on Housing,
2 Construction and Community Development,
3 Assembly Bill Number 9363 and substitute it for
4 the identical Senate Bill Number 7065,
5 Third Reading Calendar 779.
6 On page 23, Senator Young moves to
7 discharge, from the Committee on Local
8 Government, Assembly Bill Number 9364 and
9 substitute it for the identical Senate Bill
10 Number 7021, Third Reading Calendar 890.
11 On page 25, Senator Perkins moves
12 to discharge, from the Committee on Rules,
13 Assembly Bill Number 9798 and substitute it for
14 the identical Senate Bill Number 7384, Third
15 Reading Calendar 983.
16 On page 26, Senator DeFrancisco
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 9643A and substitute it for
19 the identical Senate Bill Number 7331A, Third
20 Reading Calendar 995.
21 On page 27, Senator Little moves to
22 discharge, from the Committee on Rules,
23 Assembly Bill Number 9927A and substitute it for
24 the identical Senate Bill Number 7643A,
25 Third Reading Calendar 1021.
4476
1 On page 27, Senator Flanagan moves
2 to discharge, from the Committee on Rules,
3 Assembly Bill Number 9570B and substitute it for
4 the identical Senate Bill Number 7227B,
5 Third Reading Calendar 1034.
6 On page 29, Senator Marcellino
7 moves to discharge, from the Committee on
8 Investigations and Government Operations,
9 Assembly Bill Number 5959 and substitute it for
10 the identical Senate Bill Number 4307,
11 Third Reading Calendar 1071.
12 And on page 33, Senator Sanders
13 moves to discharge, from the Committee on Rules,
14 Assembly Bill Number 8236C and substitute it for
15 the identical Senate Bill Number 7418A, Third
16 Reading Calendar 1303.
17 ACTING PRESIDENT VALESKY:
18 Substitutions ordered.
19 Messages from the Governor.
20 Reports of standing committees.
21 Reports of select committees.
22 Communications and reports from
23 state officers.
24 Motions and resolutions.
25 Senator Libous.
4477
1 SENATOR LIBOUS: Mr. President,
2 thank you.
3 I believe Senator Hoylman has a
4 resolution that was previously adopted,
5 Number 5665. Could you have the title read and
6 then call on Senator Hoylman.
7 ACTING PRESIDENT VALESKY: The
8 Secretary will read.
9 THE SECRETARY: Legislative
10 Resolution Number 5665, by Senator Hoylman,
11 memorializing Governor Andrew M. Cuomo to
12 proclaim June 2014 as LGBT Pride Month in the
13 State of New York.
14 ACTING PRESIDENT VALESKY: Senator
15 Hoylman.
16 SENATOR HOYLMAN: Thank you,
17 Mr. President.
18 I rise to resolve that the Governor
19 proclaim June Pride Month in the State of
20 New York. It's always interesting to me that
21 the last weeks of session coincide with the
22 weeks of Pride Month.
23 As you know, I represent Manhattan.
24 Greenwich Village is in the heart of my
25 district. That includes the Stonewall Inn. And
4478
1 the rebellion at Stonewall Inn, which occurred
2 45 years ago this month, on Friday, June 27,
3 1969, lasted six days and launched the modern
4 LGBT rights movement.
5 You know, Mr. President, in his
6 inaugural address just this last year, President
7 Obama linked what happened at Stonewall to the
8 wider struggle for equality and justice for all
9 people. The President said: "We, the people,
10 declare today that the most evident of truths --
11 that all of us are created equal -- is the star
12 that guides us still, just as it guided our
13 forebears through Seneca Falls, and Selma, and
14 Stonewall."
15 Seneca Falls, Selma, and Stonewall.
16 All of us are created equal, the star that
17 guides us still.
18 And I take great pride in the fact
19 that Seneca Falls was mentioned in the
20 President's remarks, but also Stonewall. And
21 it's that historic link, Mr. President, I think
22 that is the star that guides us still.
23 And we've made tremendous progress
24 on LGBT rights, thanks so much to the work of
25 this body and so many of my colleagues here and
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1 in the Assembly, Governor Cuomo, and advocates
2 like the Empire State Pride Agenda, some of whom
3 are with us today, and so many committed
4 activists and public servants.
5 And I know that many of my
6 colleagues remember the evening three years ago,
7 three years ago this session when New York
8 became one of the first and the largest state in
9 the country to pass legislation recognizing
10 marriage equality on that date, June 24, 2011,
11 11:55 p.m. that evening.
12 And there were a number of
13 courageous votes in this chamber, and I want to
14 thank Senator Grisanti for his courageous vote
15 that evening, as well as all of my other
16 colleagues who were under a lot of different
17 pressures to vote different ways.
18 The LGBT rights movement, though,
19 Mr. President, is not over. And we all have
20 seen throughout popular culture how gays and
21 lesbians have become part of our daily lives,
22 whether it's "Modern Family" or the program
23 "Will & Grace." We have learned to live with
24 our neighbors.
25 And I think so many of us here now
4480
1 recognize gays and lesbians and transgenders in
2 their own families, whether it's a brother or a
3 sister, a niece, a nephew. And that has helped
4 motivate us to progress.
5 There are of course a number of
6 LGBT New Yorkers who are widely acclaimed across
7 the world -- the poet, the writer and leading
8 figure of the Harlem renaissance Langston
9 Hughes. The artist Paul Cadmus. Stephen
10 Sondheim, the composer and lyricist. Marc
11 Jacobs, the fashion designer. Randi Weingarten,
12 who's been in this chamber on numerous
13 occasions, from the AFT. Larry Kramer. The
14 Stonewall veteran and transgender activist
15 Sylvia Rivera. And two New Yorkers in my
16 district, Mr. President, who this past year have
17 helped make marriage equality a reality for all
18 Americans, Edie Windsor and her attorney Roberta
19 Kaplan, who successfully argued before the
20 Supreme Court. And that's just to name a few.
21 But as we recognize the successes
22 and the famous people who are part of my
23 community -- and I'm proud to be the only openly
24 gay member of the State Senate, unless somebody
25 wants to tell me otherwise. I'm giving you the
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1 opportunity today.
2 (Laughter.)
3 SENATOR HOYLMAN: -- we have
4 challenges ahead of us. And it really involves
5 our young people.
6 You know, Mr. President, when we
7 make our resolutions on the floor, I often
8 wonder who's watching us in that camera besides
9 a few dozen people on YouTube. And thank
10 goodness for YouTube. I don't know what you
11 guys did before YouTube in terms of resolutions.
12 But I listen to my colleagues when
13 they talk about veterans or when they talk about
14 athletes or high school students. And you do
15 gather snippets of lives, lives led gracefully
16 and courageously. Lives lived in New York. And
17 I wanted to mention a few of those lives that
18 you may not hear about so often, because these
19 are transgender individuals who haven't had the
20 opportunities that you or I have, haven't made
21 their mark in society.
22 There's an established lawyer named
23 Ally, published six law books, multiple articles
24 in legal journals. After experimentation with
25 female identity outside of the workplace, made a
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1 male-to-female transition. Can you imagine how
2 difficult that is, Mr. President, to come to
3 those terms that you actually are different than
4 the person you were born?
5 She was outed to her partner at her
6 firm, who then threw her out of the practice.
7 She said, "He decided that despite our success
8 and great working relationship, he did not want
9 to be my law partner anymore."
10 But since her transition, she's
11 applied for over 300 jobs, has landed numerous
12 interviews, but hasn't found a job, despite
13 being overqualified.
14 A woman named Patty from Buffalo
15 transitioned from male to female in 2004 at the
16 age of 50. Now, to me, that's grace and
17 courage, to make that decision after having
18 lived 50 years. Was the vice president and head
19 design engineer at a family-owned tool design
20 company. When she came out to her family, who
21 were also her fellow co-owners, she was
22 immediately met, sadly, with dismissal and
23 confrontation.
24 She pulled back from customer
25 interactions. She had a hugely negative impact
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1 on the business financially. Only recently has
2 she been allowed to get back into the business
3 on sales calls. She has had a life of grace and
4 courage.
5 Rex and Karen, from Poughkeepsie,
6 are two educators who became involved in the
7 LGBT community after they learned they had a
8 transgender daughter. But because of our laws,
9 Mr. President, finding employment for her has
10 been a struggle. She hasn't legally changed her
11 sex, and therefore she's got to decide on
12 whether to apply for a job as a man or a woman.
13 Can you imagine that confrontation with oneself?
14 She's been denied employment. It's a huge
15 financial burden on her family.
16 And then, finally, Libby. She's a
17 mother and college graduate, a diehard Mets fan,
18 and the Long Island Railroad's first transgender
19 conductor. Every day that she goes to work,
20 though, she faces people who have never seen
21 anybody like her. They mock her, she says.
22 They've actually spat at her, photographed her.
23 But she's supported by her coworkers at
24 Long Island Railroad, who realize that she's
25 entitled to the same rights and responsibilities
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1 as everybody else.
2 And it's no wonder, Mr. President,
3 that because of these personal struggles of
4 grace and courage that the young people of our
5 country and our state who are lesbian, gay,
6 bisexual or transgender are four times more
7 likely to have attempted suicide than kids in
8 the general population. Four times.
9 And there's a practice that occurs,
10 Mr. President, called gay conversion therapy.
11 And I've spoken to some of my colleagues about
12 it. It's when they tried to try to convert you
13 from being gay to straight. And if you undergo
14 that, you're eight times more likely to have
15 attempted suicide, six times more likely,
16 according to studies, to be depressed, and three
17 times more likely to be using illegal drugs.
18 It's no wonder that 20 percent of our gay and
19 lesbian kids have attempted suicide.
20 So I speak today, Mr. President --
21 and I know we have a very important and worthy
22 and lengthy agenda. But I speak to that kid who
23 might be watching YouTube. And I say to him or
24 her that we will continue to fight for your
25 rights on the floor of this Senate, in this
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1 great cathedral of democracy, that we aspire to
2 do the right thing on behalf of all New Yorkers.
3 So I am honored to resolve the
4 Governor to make June LGBT Pride Month and thank
5 my colleagues for their support, their
6 understanding, and their compassion for the LGBT
7 community in the State of New York.
8 Thank you, Mr. President.
9 ACTING PRESIDENT VALESKY: Thank
10 you, Senator Hoylman.
11 (Applause from the galleries.)
12 ACTING PRESIDENT VALESKY: Senator
13 Krueger on the previously adopted resolution.
14 SENATOR KRUEGER: Thank you.
15 First I rise to thank our colleague
16 Brad Hoylman for being so articulate and broad
17 in his presentation about not why this
18 resolution is important, but why a greater
19 understanding and need for improved legislation
20 and respect for our LGBT brothers and sisters
21 throughout New York State.
22 And he said that unless somebody
23 wanted to get up and announce differently, he
24 believed he was the only openly gay member of
25 the Senate. Well, just for the record, his
4486
1 predecessor, who's left us, Tom Duane, used to
2 tell me that I was a gay man trapped in a
3 straight woman's body.
4 And so I am proud to be here
5 standing today in support of all of the people
6 of New York State, whether they are straight or
7 LGBT, whether they are comfortable coming out of
8 the closet or not yet comfortable being able to
9 express who they are to their friends and
10 families and coworkers.
11 My brother was openly gay. And he
12 came out very early, in the '70s. It wasn't the
13 same world as today. Our youth have a much
14 easier time expressing themselves, learning to
15 be who they are, being able to move forward in
16 life because of people like Brad Hoylman and the
17 people he named here today.
18 Thank you, Mr. President.
19 ACTING PRESIDENT VALESKY: Thank
20 you, Senator Krueger.
21 Senator Montgomery on the
22 resolution.
23 SENATOR MONTGOMERY: Yes, thank
24 you, Mr. President. On the resolution.
25 I am very happy to join Senator
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1 Hoylman in honoring this very special day and
2 requesting that the Governor make June Gay Pride
3 Month.
4 Mr. President, back in I believe
5 possibly 1985, when I was very, very new in this
6 business, in this Legislature, I was named,
7 along with my attorney who represented me,
8 Aaron Maslow, we were named by the Village Voice
9 as Straights for Gay Rights. They had a special
10 issue that they did, and they honored us as
11 being people who had been very traditionally
12 supportive of gay rights even back before that
13 and indeed during that time.
14 I want to just also acknowledge
15 that the LGBT community has been extremely
16 important in our state, especially in our city,
17 as it relates to their fight for looking for
18 ways of addressing the problem of HIV and AIDS.
19 They were the ones who came to
20 Albany in large numbers, consistently, in the
21 organization of ACT UP. And that was before the
22 high political organizing of the LGBT community.
23 They were here, and they were there in the City
24 of New York. They were responsible for us
25 having a program that deals with making sure
4488
1 that people who were using drugs had access to
2 clean needles so that they would not continue to
3 spread this awful disease.
4 I know that there is an
5 organization that was in existence long before
6 even ACT UP. It's the Gay Men's Health Crisis
7 organization, GMHC. They have been on the front
8 lines of providing services to people who were
9 ill, and other services in our city.
10 I'm also acknowledging the
11 organizing of the Gay Men of African Descent,
12 which also is in my district, and the Rainbow
13 organization, as well as the GRIOTs. These are
14 organizations that have come together, come into
15 being specifically to provide services and
16 support and assistance to men in the LGBT
17 community. But they also, in doing that, they
18 represent the best of all of us in terms of the
19 fact that they not only look to their own
20 community and providing, but they also reach out
21 to others, and thereby have become a significant
22 part of the fabric of the community that is
23 concerning to all of us, addressing issues of
24 concern to all of us.
25 So I thank them. And I think that
4489
1 this is a very apropos time to acknowledge them
2 and to celebrate those in the community who have
3 been so much a part of building a stronger
4 community for all citizens, but especially LGBT
5 members of our state.
6 Thank you, Mr. President.
7 ACTING PRESIDENT VALESKY: Thank
8 you, Senator Montgomery.
9 Senator Perkins.
10 SENATOR PERKINS: I'd like to
11 speak on the resolution.
12 ACTING PRESIDENT VALESKY: Senator
13 Perkins on the resolution.
14 SENATOR PERKINS: First I want to
15 thank Senator Hoylman for this resolution, and
16 especially for the hearing that he organized.
17 And I just wanted to, you know,
18 recognize how important that hearing was for me
19 and for so many of us to understand the issues
20 that the young members of the gay, lesbian and
21 transgender community are going through.
22 And I also wanted to publicly admit
23 that I'm an honorary gay, as per your
24 predecessor, Tom Duane.
25 So thank you very much again for
4490
1 the resolution.
2 ACTING PRESIDENT VALESKY: Thank
3 you, Senator Perkins.
4 Senator Peralta on the resolution.
5 SENATOR PERALTA: Thank you,
6 Mr. President.
7 I wanted to stand up and thank
8 Senator Hoylman for this resolution.
9 For those who don't know, I
10 represent Jackson Heights, where you have a big
11 LGBT march every year. And it came about
12 because there were two individuals in my
13 district, Edgar Garzón and Julio Rivera, who
14 were both killed simply because of the fact that
15 they were gay. And the community galvanized
16 around these killings and began this parade.
17 And now, in honor of them, the parade keeps on
18 growing and growing and growing.
19 The LGBT community is a strong part
20 of the fabric in my district. And whether it's
21 marriage equality, whether it's SONDA, which
22 it's GENDA, those are issues that on a state
23 level have evolved, and it's good to know that
24 we have evolved. The fact that we have finally
25 passed marriage in this chamber was a historic
4491
1 moment for all New Yorkers. Now we have to make
2 sure that the tax issue is fixed for those
3 individuals that are paying the price, but
4 that's on a federal level.
5 But I think the bottom line is that
6 as we learn, as we evolve, as we talk about
7 issues that matter to the LGBT community, that
8 we understand that we're all created equal, that
9 we're all part of society, and we all can
10 contribute positive things to the State of
11 New York.
12 So I want to thank Senator Hoylman
13 for bringing this issue up and ensuring that
14 June will be LGBT Pride Month.
15 Thank you.
16 ACTING PRESIDENT VALESKY: Thank
17 you, Senator Peralta.
18 Senator Serrano on the resolution.
19 SENATOR SERRANO: Thank you,
20 Mr. President.
21 And I just want to echo the words
22 of my colleagues and especially thank
23 Senator Hoylman for his leadership on this issue
24 and this resolution, and thank Senator Krueger
25 for her courageous statement and her remarks.
4492
1 And, you know, I too, very happy to
2 celebrate the importance of this. And I just
3 wanted to mention that when we think about how
4 far we as a state have come on issues involving
5 LGBT rights and so on, it's so easy to forget
6 that not very long ago it was the complete
7 opposite. Back in the '80s and '90s, the amount
8 of stigma, the amount of misinformation, the
9 amount of discrimination was incredible.
10 And a lot of folks know that prior
11 to becoming an elected official I worked in
12 theater for many years. And having worked with
13 artists back in the '90s and being very much
14 engaged in the arts prior to that, I have always
15 found that the artist community are usually the
16 ones who are the most courageous in saying and
17 fighting for the things, especially on issues of
18 social justice, before anyone else can. Or
19 anyone else does.
20 And I will really want to extend my
21 congratulations and thanks to the many
22 artists -- the playwrights, the poets, all of
23 the artists throughout all communities -- for
24 fighting very hard to ensure that mainstream
25 America learned about the plight and the
4493
1 discrimination against the LGBT community.
2 Through their works of art, they were able to
3 portray and convey a very strong social message.
4 And that's one of the reasons why
5 I'm such a strong proponent of the arts, because
6 they indeed contribute significantly to the
7 fabric of our society.
8 Thank you.
9 ACTING PRESIDENT VALESKY: Thank
10 you, Senator Serrano.
11 Senator Stavisky on the resolution.
12 SENATOR STAVISKY: Thank you,
13 Mr. President.
14 And thank you, Senator Hoylman, for
15 your comments.
16 And I particularly want to mention
17 Senator Hoylman's predecessor who served in this
18 chamber for many years, Senator Duane. He did a
19 great deal to not just speak out on the issues,
20 but to educate us, to tell us why discrimination
21 is wrong.
22 I voted for the marriage equality
23 bill for one reason primarily, and that's I
24 support the Constitution that says that
25 everybody is entitled to equal protection under
4494
1 the law. It means that we can't discriminate
2 against one group without discriminating against
3 everybody.
4 Discrimination is wrong if it's
5 against my ancestors, who were Jewish, or
6 somebody else's, who were African-American.
7 Whatever the group, discrimination is wrong.
8 And I thank Senator Hoylman for again reminding
9 us of our obligation to protect everybody.
10 Thank you.
11 ACTING PRESIDENT VALESKY: Thank
12 you, Senator Stavisky.
13 This resolution was adopted by the
14 Senate on June 10th.
15 Senator Libous.
16 SENATOR LIBOUS: Senator Valesky.
17 At this time could we please take up the active
18 list for today, the noncontroversial reading.
19 ACTING PRESIDENT VALESKY: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 95, by Senator Klein, Senate Print 5668, an act
23 to amend the Alcoholic Beverage Control Law.
24 ACTING PRESIDENT VALESKY: Read
25 the last section.
4495
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of January.
3 ACTING PRESIDENT VALESKY: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 55.
7 ACTING PRESIDENT VALESKY: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 233, by Senator Lanza, Senate Print 2474, an act
11 to amend the New York City Health and Hospitals
12 Corporation Act.
13 ACTING PRESIDENT VALESKY: Read
14 the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT VALESKY: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: In relation to
21 Calendar 233, those recorded in the negative are
22 Senators Ball, Gipson, Krueger, Latimer, Rivera
23 and Serrano.
24 Ayes, 49. Nays, 6.
25 ACTING PRESIDENT VALESKY: The
4496
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 402, by Senator Martins, Senate Print 6990, an
4 act to amend the Economic Development Law.
5 ACTING PRESIDENT VALESKY: Read
6 the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT VALESKY: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT VALESKY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 492, by Senator Seward, Senate Print 6917, an
17 act to amend the Insurance Law.
18 ACTING PRESIDENT VALESKY: Read
19 the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect immediately.
22 ACTING PRESIDENT VALESKY: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 55.
4497
1 ACTING PRESIDENT VALESKY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 550, by Senator LaValle, Senate Print 1566, an
5 act to amend the Education Law.
6 ACTING PRESIDENT VALESKY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 120th day.
10 ACTING PRESIDENT VALESKY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 55.
14 ACTING PRESIDENT VALESKY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 572, by Senator Marcellino, Senate Print 1495,
18 an act to amend the Penal Law.
19 ACTING PRESIDENT VALESKY: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately on the first
23 of November.
24 ACTING PRESIDENT VALESKY: Call
25 the roll.
4498
1 (The Secretary called the roll.)
2 ACTING PRESIDENT VALESKY: Senator
3 Marcellino to explain his vote.
4 SENATOR MARCELLINO: Thank you,
5 Mr. President.
6 I rise to speak on this bill
7 because we've had it before us on more than one
8 occasion. It has passed overwhelmingly in this
9 house each and every time. And it goes nowhere
10 in the other house, and I don't understand why.
11 The bill, if you look at it -- and
12 some may say, well, it's the pet-stealing bill,
13 and you're making it an E felony, and why are
14 you going overboard on these creatures, and
15 what's the big deal?
16 These critters, these creatures are
17 part and parcel of our families. They become an
18 integral -- an integral -- it's my upper plate.
19 They become a part of the family that is
20 irreplaceable. And when they're lost or stolen,
21 there is a tremendous hole in the family
22 structure.
23 I remember my mother crying for
24 weeks when the parakeet that she had brought
25 back from Florida, that hatched from an egg that
4499
1 she witnessed, for whatever reason decided to
2 leave the house one day and didn't come back.
3 She was devastated by the loss.
4 If anyone in here has lost a pet or
5 has had to be at the vet's when the pet had to
6 be put down because they were too old or infirm
7 or injured, you know the feeling, you understand
8 the feeling.
9 Many of these creatures that are
10 stolen are stolen and used for training of dogs
11 in dog fighting. And they are destroyed in a
12 horrible way. The families are left to deal
13 with that, and that loss.
14 I feel that this bill is important
15 because it will protect these creatures from
16 that kind of behavior. It will encourage the
17 licensing of the animals, which I think is
18 something that has been falling off of late, but
19 we would like them licensed and it's a good
20 thing to have them licensed. But the fact is
21 that it's needed to protect and preserve these
22 creatures who are extremely important to our
23 families.
24 So, Mr. President, I'm going to
25 vote aye on this. I urge everyone in this house
4500
1 to vote aye, because these creatures deserve our
2 protection and deserve our care.
3 Thank you, Mr. President.
4 ACTING PRESIDENT VALESKY: Senator
5 Marcellino to be recorded in the affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 53. Nays,
8 2. Senators Montgomery and Perkins recorded in
9 the negative.
10 ACTING PRESIDENT VALESKY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 579, substituted earlier by Member of the
14 Assembly Gunther, Assembly Print 1500A, an act
15 to amend the Criminal Procedure Law.
16 ACTING PRESIDENT VALESKY: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of November.
20 ACTING PRESIDENT VALESKY: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: In relation to
24 Calendar 579, those recorded in the negative are
25 Senators Dilan, Krueger, Montgomery, Perkins and
4501
1 Tkaczyk.
2 Ayes, 50. Nays, 5.
3 ACTING PRESIDENT VALESKY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 588, by Senator Nozzolio, Senate Print 7023, an
7 act to amend the Criminal Procedure Law.
8 ACTING PRESIDENT VALESKY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT VALESKY: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: In relation to
16 Calendar 588, those recorded in the negative are
17 Senators Hoylman, Krueger, Perkins and Squadron.
18 Ayes, 51. Nays, 4.
19 ACTING PRESIDENT VALESKY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 615, by Senator Bonacic, Senate Print 7076, an
23 act to amend the Racing, Pari-Mutuel Wagering
24 and Breeding Law.
25 ACTING PRESIDENT VALESKY: Read
4502
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT VALESKY: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 55.
8 ACTING PRESIDENT VALESKY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 623, by Senator Savino, Senate Print 6617B, an
12 act to amend the Environmental Conservation Law.
13 ACTING PRESIDENT VALESKY: Read
14 the last section.
15 THE SECRETARY: Section 19. This
16 act shall take effect on the 180th day.
17 ACTING PRESIDENT VALESKY: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 54. Nays,
21 1. Senator Ball recorded in the negative.
22 ACTING PRESIDENT VALESKY: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 624, substituted earlier by Member of the
4503
1 Assembly Thiele, Assembly Print 8822B, an act to
2 amend the Environmental Conservation Law.
3 ACTING PRESIDENT VALESKY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT VALESKY: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 52. Nays,
11 3. Senators Hoylman, Perkins and Serrano
12 recorded in the negative.
13 ACTING PRESIDENT VALESKY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 681, substituted earlier by Member of the
17 Assembly DiPietro, Assembly Print 8729, an act
18 to amend Chapter 185 of the Laws of 2005.
19 ACTING PRESIDENT VALESKY: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT VALESKY: Call
24 the roll.
25 (The Secretary called the roll.)
4504
1 THE SECRETARY: Ayes, 54. Nays,
2 1. Senator Ball recorded in the negative.
3 ACTING PRESIDENT VALESKY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 682, by Senator Tkaczyk, Senate Print 6498, an
7 act to amend Chapter 218 of the Laws of 2009.
8 ACTING PRESIDENT VALESKY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT VALESKY: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 55. Nays,
16 1. Senator Ball recorded in the negative.
17 ACTING PRESIDENT VALESKY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 683, by Senator Seward, Senate Print 6549, an
21 act to amend Chapter 549 of the Laws of 2005.
22 ACTING PRESIDENT VALESKY: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4505
1 ACTING PRESIDENT VALESKY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55. Nays,
5 1. Senator Ball recorded in the negative.
6 ACTING PRESIDENT VALESKY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 684, by Senator Little, Senate Print 6587, an
10 act to amend Chapter 368 of the Laws of 2008.
11 ACTING PRESIDENT VALESKY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT VALESKY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 55. Nays,
19 1. Senator Ball recorded in the negative.
20 ACTING PRESIDENT VALESKY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 685, by Senator Breslin, Senate Print 6723, an
24 act to amend Chapter 105 of the Laws of 2009.
25 ACTING PRESIDENT VALESKY: Read
4506
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT VALESKY: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 54. Nays,
8 2. Senators Ball and LaValle recorded in the
9 negative.
10 ACTING PRESIDENT VALESKY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 686, by Senator O'Mara, Senate Print 6840, an
14 act to amend Chapter 366 of the Laws of 2005.
15 ACTING PRESIDENT VALESKY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT VALESKY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 55. Nays,
23 1. Senator Ball recorded in the negative.
24 ACTING PRESIDENT VALESKY: The
25 bill is passed.
4507
1 THE SECRETARY: Calendar Number
2 687, by Senator Breslin, Senate Print 6925, an
3 act to amend Chapter 405 of the Laws of 2005.
4 ACTING PRESIDENT VALESKY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT VALESKY: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 55. Nays,
12 1. Senator Ball recorded in the negative.
13 ACTING PRESIDENT VALESKY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 688, substituted earlier by Member of the
17 Assembly Palmesano, Assembly Print 9302, an act
18 to amend Chapter 365 of the Laws of 2005.
19 ACTING PRESIDENT VALESKY: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT VALESKY: Call
24 the roll.
25 (The Secretary called the roll.)
4508
1 THE SECRETARY: Ayes, 55. Nays,
2 1. Senator Ball recorded in the negative.
3 ACTING PRESIDENT VALESKY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 745, substituted earlier by Member of the
7 Assembly Magnarelli, Assembly Print 9035, an act
8 to amend Chapter 492 of the Laws of 1993.
9 ACTING PRESIDENT VALESKY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT VALESKY: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 55. Nays,
17 1. Senator Ball recorded in the negative.
18 ACTING PRESIDENT VALESKY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 779, substituted earlier by Member of the
22 Assembly Mosley, Assembly Print 9363, an act to
23 amend Chapter 84 of the Laws of 1993.
24 ACTING PRESIDENT VALESKY: Read
25 the last section.
4509
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT VALESKY: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 56.
7 ACTING PRESIDENT VALESKY: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 822, by Senator Golden, Senate Print 5100, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT VALESKY: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 180th day.
16 ACTING PRESIDENT VALESKY: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 52. Nays,
20 4. Senators Ball, Dilan, Martins and Perkins
21 recorded in the negative.
22 ACTING PRESIDENT VALESKY: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 825, by Senator Gallivan, Senate Print 6528, an
4510
1 act to amend the Vehicle and Traffic Law.
2 ACTING PRESIDENT VALESKY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT VALESKY: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 55. Nays,
10 1. Senator Dilan recorded in the negative.
11 ACTING PRESIDENT VALESKY: The
12 bill is passed.
13 THE SECRETARY: Also Senator
14 Martins in the negative.
15 Ayes, 54. Nays, 2.
16 ACTING PRESIDENT VALESKY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 829, by Senator Robach, Senate Print 7272, an
20 act to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT VALESKY: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT VALESKY: Call
4511
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 53. Nays,
4 3. Senators Ball, Marchione and Ritchie
5 recorded in the negative.
6 ACTING PRESIDENT VALESKY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 874, by Senator Hannon, Senate Print 7262A, an
10 act to amend the Public Health Law.
11 ACTING PRESIDENT VALESKY: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 120th day.
15 ACTING PRESIDENT VALESKY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 55. Nays,
19 1. Senator Krueger recorded in the negative.
20 ACTING PRESIDENT VALESKY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 890, substituted earlier by Member of the
24 Assembly Wright, Assembly Print Number 9364, an
25 act to amend Chapter 613 of the Laws of 1996.
4512
1 ACTING PRESIDENT VALESKY: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT VALESKY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 56.
9 ACTING PRESIDENT VALESKY: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 912, by Senator Grisanti, Senate Print 7344D, an
13 act to amend the Financial Services Law.
14 ACTING PRESIDENT VALESKY: Read
15 the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect July 1, 2016.
18 ACTING PRESIDENT VALESKY: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT VALESKY: Senator
22 Grisanti to explain his vote.
23 SENATOR GRISANTI: Yes, thank you,
24 Mr. President.
25 My colleagues, this legislation,
4513
1 it's a step in the right direction. Other
2 states are actually doing this. When you have
3 youth in a summer youth employment program --
4 especially in the summertime, we have a lot of
5 our youths that are out of school, they're
6 looking for work. When they have that job,
7 there's a program that teaches them financial
8 literacy and the importance of money and
9 spending. And what it means that if you only
10 have a dollar, you can't spend a dollar-fifty.
11 So it's an important program. We
12 worked on the amendments with the Assembly.
13 This is something that hopefully the Assembly
14 passes as well. I vote aye. But it's great for
15 our summer youth how to be financially viable
16 and stable in their lives moving forward.
17 Thank you, Mr. President.
18 ACTING PRESIDENT VALESKY: Senator
19 Grisanti to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 56.
22 ACTING PRESIDENT VALESKY: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 983, substituted earlier by Member of the
4514
1 Assembly Brennan, Assembly Print Number 9798, an
2 act to amend the New York State Urban
3 Development Corporation Act.
4 ACTING PRESIDENT VALESKY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT VALESKY: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT VALESKY: Senator
12 Perkins to explain his vote.
13 SENATOR PERKINS: I rise to speak
14 on behalf of a number of local merchants who
15 decided to make a personal and professional home
16 in my district on 125th Street decades ago.
17 Pioneers such as Ron Walton and Tounkara
18 Massamakan have offered the gifts of African
19 fabrics and Caribbean food to the Harlem
20 community and the city in general for well over
21 a generation and have become beloved
22 institutions in our neighborhood.
23 So last summer, when a massive
24 redevelopment project was designated, one which
25 would take a wrecking ball to their
4515
1 long-standing businesses and forever displace
2 them, they were the last to know about it.
3 That's because the public outreach provisions of
4 the Urban Development Corporation, also known as
5 UDC, are entirely inadequate in terms of
6 informing, engaging, and empowering the
7 community that will be affected by major
8 projects.
9 Right now UDC has only to give
10 10 days notice of a public hearing, and they do
11 not have to disseminate this notice widely.
12 Thus, as UDC's chief of staff has candidly
13 admitted, it is a common occurrence that no one
14 attends their public hearings.
15 The legislation before us
16 establishes a 30-day window between notice of
17 the project and the public hearing. This would
18 allow community boards, advocacy organizations,
19 elected officials and other stakeholders to
20 spread the word in our communities that
21 substantial projects are pending and everyone's
22 voice must be heard.
23 Massive projects that are
24 rubber-stamped in silent halls is antithetical
25 to democracy and to the intent of the UDC Act.
4516
1 It is not the case that people do not want to
2 participate 59 these hearings. It is the case
3 that the current system thrives on keeping the
4 public in the dark.
5 Last fall, with just three weeks'
6 notice, we brought 300 people out to give UDC
7 hundreds of pages of feedback. Subsequently, we
8 brought the affected merchants before the Public
9 Authorities Control Board, and for the first
10 time in the history of the PACB, regular
11 hardworking folks from the community gave
12 testimony before the board. Shadow government
13 exposed to the light for the first time.
14 In sum, as it relates to projects
15 all across this state, a community planning
16 process born of and enriched by the actual folks
17 who have lived, worked and invested in the
18 community for generations, is the only way to
19 proceed.
20 We get a little bit closer to that
21 today. I thank Assemblymember Jim Brennan for
22 carrying and passing this legislation in the
23 Assembly. And I appreciate the support received
24 from Chair Ranzenhofer and the members of the
25 Corporations Committee. As well, I would like
4517
1 to acknowledge and express appreciation to
2 Senator DeFrancisco for helping us navigate in
3 process.
4 I enthusiastically vote aye.
5 ACTING PRESIDENT VALESKY: Senator
6 Perkins in the affirmative.
7 Announce the results.
8 THE SECRETARY: Ayes, 54. Nays,
9 3. Senators Ball, O'Mara and Zeldin recorded in
10 the negative.
11 ACTING PRESIDENT VALESKY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 986, by Senator DeFrancisco, Senate Print 4732,
15 an act to amend the Retirement and Social
16 Security Law.
17 ACTING PRESIDENT VALESKY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT VALESKY: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT VALESKY: The
4518
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 995, substituted earlier by Member of the
4 Assembly Farrell, Assembly Print 9643A, an act
5 to amend the Retirement and Social Security Law.
6 ACTING PRESIDENT VALESKY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT VALESKY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT VALESKY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1021, substituted earlier by the Assembly
18 Committee on Rules, Assembly Print Number 9927A,
19 an act to amend the Navigation Law.
20 ACTING PRESIDENT VALESKY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT VALESKY: Call
25 the roll.
4519
1 (The Secretary called the roll.)
2 ACTING PRESIDENT VALESKY: Senator
3 Little to explain her vote.
4 SENATOR LITTLE: Thank you,
5 Mr. President.
6 And to all of my colleagues, thank
7 you for voting for the passage of this bill.
8 This is an important part of
9 New York State's fight against invasive species.
10 We all have lakes within our districts and
11 bodies of water, and we know how important they
12 are for recreational opportunities, for boating,
13 for fishing, just for people to be able to be at
14 those lakes and enjoy the benefits of being
15 around such a wonderful place.
16 However, invasive species such as
17 milfoil, Asian clams, zebra mussels, quagga
18 mussels and all of those things have been found
19 in lakes in New York State. What we need to do
20 is prevent them from being transferred from one
21 lake to another.
22 And this bill would require DEC to
23 develop a signage, which they have developed,
24 and the theme is "clean, drain and dry": To
25 make sure that your boat is clean, it's drained
4520
1 of all water, and it is dry. If it's dry, the
2 invasives cannot live on that boat, and that's
3 important for it.
4 Every public boat launch in this
5 state will have benefit of this DEC sign. The
6 signs will be on the Internet, they will be able
7 to print them out, have them in poster size, and
8 to be able to post them at every public boat
9 launch in New York State. And hopefully,
10 through education, we will have more prevention,
11 more responsible boating, and certainly keep our
12 lakes clean.
13 Thank you very much. And I vote
14 aye.
15 ACTING PRESIDENT VALESKY: Senator
16 Little in the affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT VALESKY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1034, substituted earlier by Member of the
23 Assembly Paulin, Assembly Print Number 9570B, an
24 act to amend the Education Law.
25 ACTING PRESIDENT VALESKY: Read
4521
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT VALESKY: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 ACTING PRESIDENT VALESKY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1062, by Senator Perkins, Senate Print 1550B, an
12 act to amend the Public Authorities Law.
13 ACTING PRESIDENT VALESKY: Read
14 the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 120th day.
17 ACTING PRESIDENT VALESKY: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT VALESKY: Senator
21 Perkins to explain his vote.
22 SENATOR PERKINS: Thank you.
23 Public housing in New York City is
24 the last true bastion of permanent affordability
25 across the five boroughs. I serve 22
4522
1 developments in my Senate district alone.
2 The New York City Housing Authority
3 provides homes and a sense of community for over
4 600,000 New Yorkers -- for working families, for
5 seniors, for those who came here to start a
6 better life, for vulnerable populations, and for
7 those who want to grow into the middle class.
8 These hardworking folks pay upwards of one-third
9 of their income towards rent and have been
10 enriching our city for decades.
11 The New York City Housing Authority
12 is an invaluable resource that we need to
13 protect. Despite efforts to dismantle them and
14 to defund them, New York City has refused to
15 heed this destructive call and instead has
16 worked to preserve public housing as a bulwark
17 against the unyielding forces of gentrification,
18 displacement, Mitchell-Lama privatization, and
19 market rate rents gone wild.
20 This legislation at hand seeks to
21 strengthen and enhance the operation of the
22 New York City Housing Authority by ensuring they
23 are subject to oversight by the authority's
24 budget office, ABO. Presently housing
25 authorities are exempt from essential ABO
4523
1 provisions, which means they do not have to open
2 their books or submit financial statements to
3 the Comptroller or comply with other important
4 regulations concerning land use disposition,
5 MWBE participation, board governance best
6 practices, whistle-blower protections and
7 operating transparency.
8 Absent these protections, we have
9 seen the New York City Housing Authority under
10 then Mayor Bloomberg and Mayor Giuliani before
11 him, prefer to operate in absolute secrecy,
12 keeping residents, auditors, oversight agencies
13 and policymakers in the dark.
14 Just last year the New York City
15 Housing Authority proposed an in-fill program
16 which would have destroyed community centers,
17 parks, open spaces, baseball fields and other
18 cardinal resources simply to erect market-rate
19 towers on public land. The authority attempted
20 to fast-track this proposal until residents,
21 advocates and whole communities became
22 fundamentally involved.
23 The New York City Housing Authority
24 says they learned their lesson. This
25 legislation ensures that they will never forget
4524
1 it. An open, accountable and transparent
2 New York City Housing Authority will enhance
3 their standing not only with our residents, who
4 have a passion for and knowledge of our
5 communities that is unparalleled, but will
6 signal to the City Council and state and federal
7 government that the New York City Housing
8 Authority is an institution worth of substantial
9 investment for generations of New Yorkers to
10 come.
11 Again, I thank Assemblymember Jim
12 Brennan for carrying this legislation in the
13 Assembly, and I appreciate the support received
14 from Chair Ranzenhofer and members of the
15 Corporations Committee as well.
16 I enthusiastically vote aye.
17 ACTING PRESIDENT VALESKY: Senator
18 Perkins in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT VALESKY: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1071, substituted earlier by Member of the
25 Assembly Farrell, Assembly Print 5959, an act to
4525
1 amend the Tax Law.
2 ACTING PRESIDENT VALESKY: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT VALESKY: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT VALESKY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1086, by Senator Grisanti, Senate Print 6985A,
14 an act to amend the Public Authorities Law.
15 ACTING PRESIDENT VALESKY: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT VALESKY: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT VALESKY: Senator
23 Krueger to explain her vote.
24 SENATOR KRUEGER: Thank you,
25 Mr. President. I rise to explain why I'm voting
4526
1 no for this bill.
2 This bill would allow a public
3 authority that's been created specifically to
4 fund infrastructure water protection projects to
5 instead use some of its money on totally
6 unrelated projects.
7 Now, if we thought we had completed
8 our assignment of addressing the very serious
9 problem of infrastructure for clean water
10 throughout our state, I might argue, well,
11 there's a reason to allow this money to be used
12 in another way.
13 But in fact a 2008 DEC report
14 projected that New York State had, over the next
15 20 years then, over $36 billion in
16 infrastructure projects that would need funding
17 to protect the clean water of our state. And
18 actually we have fallen behind on that
19 projection since 2008, and now our numbers are
20 even greater.
21 So I cannot in good faith support
22 allowing funds intended for one underfunded
23 assignment to be instead used for something
24 else. My understanding is that they would use
25 this new power to fund demolition of the old
4527
1 Tappan Zee Bridge. I'm certainly a supporter of
2 getting the Tappan Zee built as quickly as
3 possible. But I am one of many legislators who
4 continue to seek information about how we are
5 going to actually pay for that project, and I
6 feel quite strongly that should be a
7 transparent process using the correct funding
8 streams of the State of New York, not taking or
9 borrowing from Peter to pay for Paul.
10 To some degree this is a one-shot
11 that many of us have objected to in any number
12 of variations each and every year in the context
13 of budgets or other freestanding bills. So I'm
14 not in opposition to the building of the
15 Tappan Zee Bridge, but I can't support taking
16 environmental funds intended to address the
17 infrastructure crisis for clean water in the
18 state and use it for another purpose.
19 Thank you, Mr. President. I'll
20 vote no.
21 ACTING PRESIDENT VALESKY: Senator
22 Krueger to be recorded in the negative.
23 Announce the results.
24 THE SECRETARY: In relation to
25 Calendar 1086, those recorded in the negative
4528
1 are Senators Avella, Boyle, Gianaris, Gipson,
2 Hoylman, Kennedy, Krueger, Latimer, Martins,
3 O'Brien, Peralta, Perkins, Rivera, Serrano,
4 Squadron, Stavisky and Tkaczyk. Also
5 Senator Montgomery. Also Senator Marcellino.
6 Also Senator Hannon.
7 ACTING PRESIDENT VALESKY:
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar 1086, those recorded in the negative
11 are Senators Avella, Boyle, Breslin, Gianaris,
12 Gipson, Hannon, Hoylman, Kennedy, Krueger,
13 Latimer, LaValle, Marcellino, Martins,
14 Montgomery, O'Brien, Peralta, Perkins, Rivera,
15 Serrano, Squadron, Stavisky and Tkaczyk. Also
16 Senator Addabbo. Also Senator Smith. Also
17 Senator Dilan.
18 Ayes, 32. Nays, 25.
19 ACTING PRESIDENT VALESKY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1089, by Senator Krueger, Senate Print 7234B, an
23 act to amend the Public Health Law.
24 ACTING PRESIDENT VALESKY: Read
25 the last section.
4529
1 THE SECRETARY: Section 9. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT VALESKY: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT VALESKY: Senator
7 Krueger to explain her vote.
8 SENATOR KRUEGER: Thank you.
9 Just briefly, I want to say how
10 much I appreciate everyone's vote on this bill.
11 We passed a variation on it last year that had
12 some technical issues that have been resolved.
13 I want to thank Senator Hannon for
14 his help with this, and to just let everyone
15 know that maternal depression is a very serious
16 and real issue in each of our districts. And
17 when this law is implemented, it will assure
18 that women have easier access to diagnosis. And
19 when they are diagnosed, there are in fact
20 incredibly effective treatment options that make
21 a huge difference for their children, their
22 families, and themselves.
23 I want to specifically recognize
24 Sonia Murdock of the Postpartum Resource Center
25 of New York, Paige Bellenbaum, and the
4530
1 Wachenheim family for doing such incredible and
2 heroic work, not only to help this bill become
3 law but on behalf of women who have suffered
4 from this disease throughout the state.
5 Thank you. I vote yes.
6 ACTING PRESIDENT VALESKY: Senator
7 Krueger to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT VALESKY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1110, by Senator Savino, Senate Print 3667D, an
14 act to amend the Labor Law.
15 ACTING PRESIDENT VALESKY: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 180th day.
19 ACTING PRESIDENT VALESKY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56. Nays,
23 1. Senator Zeldin recorded in the negative.
24 ACTING PRESIDENT VALESKY: The
25 bill is passed.
4531
1 THE SECRETARY: Calendar Number
2 1126, by Senator Hannon, Senate Print 7125A, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT VALESKY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT VALESKY: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT VALESKY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1178, by Senator Carlucci, Senate Print 6995, an
16 act to amend the Public Health Law.
17 ACTING PRESIDENT VALESKY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT VALESKY: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT VALESKY: Senator
25 Montgomery to explain her vote.
4532
1 SENATOR MONTGOMERY: Yes, thank
2 you, Mr. President, to explain my vote on this
3 legislation. Which would, in effect, as I read
4 it, it would extend the function of Medicaid
5 fraud investigations to those prosecutors that
6 are not now currently designated as people who
7 are responsible for Medicaid fraud control.
8 There is in the Attorney General's
9 office, based on legislation that we've passed,
10 a specific unit that is required to investigate
11 all reports of Medicaid fraud in our state.
12 That unit is the unit that is acknowledged by
13 both the federal government as well as the
14 State of New York as the place where the total
15 responsibility of investigating Medicaid fraud
16 exists.
17 The Attorney General is not
18 supporting this legislation because he feels
19 that in his office is where we should be
20 directing all cases of Medicaid fraud. So for
21 that reason, I am opposing this legislation, as
22 a number of us have in the past, because we know
23 that this unit is very, very efficient and we
24 want it to continue to be the place where we can
25 have some relief from this terrible problem of
4533
1 Medicaid fraud throughout the state.
2 So I'm voting no on this
3 legislation, Mr. President.
4 ACTING PRESIDENT VALESKY: Senator
5 Montgomery to be recorded in the negative.
6 Senator Carlucci to explain his
7 vote.
8 SENATOR CARLUCCI: Thank you,
9 Mr. President.
10 In New York State we spend about
11 $55 billion a year on Medicaid. And the
12 taxpayers of New York I believe really want to
13 make sure that that money is going to the people
14 that need it. And we have to do everything
15 possible to make sure that the hardworking
16 taxpayers of New York, that $55 billion is going
17 to the people that need it, to the poor families
18 to feed their children, to our most vulnerable
19 populations.
20 And we've got to make sure that we
21 do everything possible to cut out fraud and
22 abuse. And this legislation will do that by
23 giving a tool to the Office of the Medicaid
24 Inspector General to allow them to refer cases
25 to our local district attorneys.
4534
1 Our local Social Service
2 departments are the ones on the front lines
3 dealing with Medicaid here in New York. We
4 spend more money than any other state in the
5 nation when it comes to Medicaid, so we've got
6 to make sure that we're following those dollars.
7 We've got to make sure that every dollar that's
8 spent in Medicaid goes to the families, to the
9 individuals around this state that need it most.
10 So I want to thank my colleagues
11 for voting for this legislation, look forward to
12 working with all of you to make sure that
13 Medicaid dollars in New York State are well
14 spent and we do everything possible to cut out
15 fraud and abuse. I'll be voting in the
16 affirmative.
17 Thank you, Mr. President.
18 ACTING PRESIDENT VALESKY: Senator
19 Carlucci to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: In relation to
22 Calendar Number 1178, those recorded in the
23 negative are Senators Breslin, Dilan, Gianaris,
24 Hoylman, Krueger, Montgomery, Peralta, Perkins,
25 Rivera, Serrano, Squadron and Stavisky.
4535
1 Ayes, 45. Nays, 12.
2 ACTING PRESIDENT VALESKY: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1224, by Senator Nozzolio, Senate Print 7734A,
6 an act to amend the Penal Law.
7 ACTING PRESIDENT VALESKY: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT VALESKY: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT VALESKY: Senator
15 Nozzolio to explain his vote.
16 SENATOR NOZZOLIO: Thank you,
17 Mr. President.
18 Mr. President and my colleagues,
19 this bill sends a strong signal and ensures that
20 the criminal laws of this state indicate clearly
21 that harassment will not be tolerated. That
22 harassment, particularly in the form of
23 harassment of those who have seen domestic
24 violence disturbances, the harassment element
25 will not allow those additional protections to
4536
1 those who have been victimized and are current
2 or potential victims of domestic violence.
3 Now, this bill was required because
4 of a recent Court of Appeals decision. And I
5 greatly appreciate the effort on the part of
6 this house, as well as the Assembly and the
7 Governor, for pulling together to ensure that a
8 signal is sent, a criminal law is firmly defined
9 that harassment will not be allowed in New York
10 State, will not be tolerated in our state, and
11 with particular regard to those who have been
12 victimized by the heinous crimes of domestic
13 violence.
14 Thank you, Mr. President. I
15 support this measure. I'm glad to bring it
16 before the body for consideration. And I
17 appreciate the support of the Senate in seeing
18 it enacted.
19 ACTING PRESIDENT VALESKY: Senator
20 Nozzolio will be recorded in the affirmative.
21 Senator Krueger to explain her
22 vote.
23 SENATOR KRUEGER: Thank you,
24 Mr. President. I rise to explain my vote no.
25 I appreciate Senator Nozzolio's
4537
1 analysis. I think that that is, this amended
2 version is less of a concern to me than earlier
3 versions. And I do understand that the courts
4 have struck down our statute and we need to
5 address that in some way.
6 But I have been advised by quite a
7 few experts that this version too is
8 unconstitutional and would violate the
9 First Amendment right to free speech. Even when
10 speech is not something that I agree with, I
11 take very seriously not outlawing the ability of
12 those of us, even though of us I don't like or
13 agree with's right to use that speech.
14 I'm assuming this will become law
15 despite my no vote. And perhaps we will find
16 ourselves sometime soon with a new
17 constitutional decision overturning this and
18 we'll have another opportunity to try again.
19 Thank you, Mr. President. No.
20 ACTING PRESIDENT VALESKY: Senator
21 Krueger to be recorded in the negative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar 1224, those recorded in the negative
25 are Senators Gianaris, Hoylman, Krueger,
4538
1 Montgomery, Parker, Perkins, Rivera, Serrano and
2 Squadron.
3 Ayes, 48. Nays, 9.
4 ACTING PRESIDENT VALESKY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1303, substituted earlier by Member of the
8 Assembly Otis, Assembly Print 8236C, an act to
9 amend the Penal Law.
10 ACTING PRESIDENT VALESKY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of November.
14 ACTING PRESIDENT VALESKY: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT VALESKY: Senator
18 Grisanti to explain his vote.
19 SENATOR GRISANTI: Yes, thank you,
20 Mr. President.
21 My colleagues, this legislation is
22 way overdue. I mean, in today's technology the
23 strength of laser pointers by, in my estimation,
24 sick individuals that are aiming them at
25 aircraft, there's a huge increase of this
4539
1 happening all across the state.
2 I want to thank the cosponsor of
3 this legislation, Senator Sanders, who
4 represents Kennedy Airport. I'm in Buffalo.
5 The federal government just came out with an
6 increase in their penalties because of the rise
7 of laser pointers being pointed at aircraft,
8 just like Robach is doing to me right now.
9 But the simple fact of the matter
10 is that when that laser hits the windshield of
11 the aircraft, it spreads out like a prism and it
12 blinds and interferes with the flight and
13 jeopardizes not only the safety of the crew but
14 of the passengers.
15 So, you know, this is not a joke.
16 I mean, this is something where you could
17 actually have an interference such as that and
18 bring down an aircraft that can be a devastating
19 effect for all involved.
20 A misdemeanor if you disrupt it or
21 interfere with it, felony class if you cause a
22 significant change of course. Something that's
23 well overdue.
24 I vote aye, Mr. President. It
25 falls in line with what the federal government
4540
1 recently just enacted as well. Thank you.
2 ACTING PRESIDENT VALESKY: Senator
3 Grisanti to be recorded in the affirmative.
4 Senator Smith to explain his vote.
5 SENATOR SMITH: Thank you very
6 much, Mr. President.
7 And I too want to congratulate
8 Senator Sanders, as one who formerly represented
9 the Kennedy Airport area and have had a number
10 of individuals come to my office as well stating
11 they've had some concerns overseeing individuals
12 who have been shooting lasers at jets as they
13 come in, very low-flying.
14 I think this is a very important
15 legislation. Many may not realize the impact
16 that it has had and the devastation that it
17 could cause. And I think today is a good day
18 for Senator Sanders and this piece of
19 legislation, and I look forward to voting aye.
20 ACTING PRESIDENT VALESKY: Senator
21 Smith in the affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT VALESKY: The
25 bill is passed.
4541
1 THE SECRETARY: Calendar Number
2 1348, by Senator LaValle, Senate Print 6942, an
3 act to amend the Domestic Relations Law.
4 ACTING PRESIDENT VALESKY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT VALESKY: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT VALESKY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1565, substituted earlier by Member of the
16 Assembly Silver --
17 SENATOR LIBOUS: Lay it aside.
18 ACTING PRESIDENT VALESKY: The
19 bill is laid aside.
20 SENATOR LIBOUS: Mr. President.
21 ACTING PRESIDENT VALESKY: Senator
22 Libous.
23 SENATOR LIBOUS: I would like to
24 call an immediate Republican conference in
25 Room 332. And if you would join me in that, and
4542
1 then we will stand at ease.
2 ACTING PRESIDENT VALESKY: There
3 will be an immediate Republican conference in
4 Room 332.
5 SENATOR LIBOUS: Anybody else want
6 to call a conference? I guess we're the only
7 ones that will call conference for now.
8 ACTING PRESIDENT VALESKY: The
9 Republicans will conference in Room 332.
10 The Senate will stand at ease.
11 (Whereupon, the Senate stood at
12 ease at 12:51 p.m.)
13 (Whereupon, the Senate reconvened
14 at 4:47 p.m.)
15 ACTING PRESIDENT VALESKY: The
16 Senate will come to order.
17 Senator Libous.
18 SENATOR LIBOUS: Thank you,
19 Mr. President.
20 There will be an immediate meeting
21 of the Rules Committee in Room 332.
22 ACTING PRESIDENT VALESKY: There
23 will be an immediate meeting of the Senate Rules
24 Committee in Room 332.
25 The Senate will stand at ease.
4543
1 (Whereupon, the Senate stood at
2 ease at 4:47 p.m.)
3 (Whereupon, the Senate reconvened
4 at 5:33 p.m.)
5 ACTING PRESIDENT VALESKY: The
6 Senate will come to order.
7 Senator Libous.
8 SENATOR LIBOUS: Mr. President,
9 could we go to motions for a minute.
10 ACTING PRESIDENT VALESKY: Motions
11 and resolutions.
12 Senator Libous.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 On behalf of Senator DeFrancisco, I
16 wish to call up his bill, Senate Print 4732,
17 recalled from the Assembly, and it's now at the
18 desk.
19 ACTING PRESIDENT VALESKY: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 986, by Senator DeFrancisco, Senate Print 4732,
23 an act to amend the Retirement and Social
24 Security Law.
25 SENATOR LIBOUS: I now move to
4544
1 reconsider the vote by which this bill was
2 passed.
3 ACTING PRESIDENT VALESKY: Call
4 the roll on reconsideration.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 SENATOR LIBOUS: I now offer the
8 following amendments.
9 ACTING PRESIDENT VALESKY: The
10 amendments are received.
11 SENATOR LIBOUS: Mr. President, I
12 believe there's a report of the Rules Committee
13 at the desk. Could we please have it read at
14 this time.
15 ACTING PRESIDENT VALESKY: The
16 Secretary will read.
17 THE SECRETARY: Senator Skelos,
18 from the Committee on Rules, reports the
19 following bills:
20 Senate Print 398A, by
21 Senator Dilan, an act to amend the Vehicle and
22 Traffic Law;
23 Senate 410, by Senator Dilan, an
24 act to amend the General Municipal Law;
25 Senate 2360B, by Senator Klein, an
4545
1 act to amend the Workers' Compensation Law;
2 Senate 2518B, by Senator Savino, an
3 act to amend the Penal Law;
4 Senate 2688, by Senator Young, an
5 act to amend the Agriculture and Markets Law;
6 Senate 3657, by Senator Seward, an
7 act to amend the Alcoholic Beverage Control Law;
8 Senate 3815A, by Senator Seward, an
9 act to grant;
10 Senate 4235B, by Senator Latimer,
11 an act to amend the Insurance Law;
12 Senate 4819A, by Senator Lanza, an
13 act to amend the Military Law;
14 Senate 5284, by Senator Kennedy, an
15 act to amend the Penal Law;
16 Senate 5885B, by Senator Savino, an
17 act to amend the Labor Law;
18 Senate 5944B, by Senator Addabbo,
19 an act to amend the Tax Law;
20 Senate 5966C, by Senator Valesky,
21 an act to amend the Education Law;
22 Senate 6201A, by Senator Avella, an
23 act to amend the Lien Law;
24 Senate 6403B, by Senator Carlucci,
25 an act to amend the General Business Law;
4546
1 Senate 6643, by Senator Lanza, an
2 act to amend the Agriculture and Markets Law;
3 Senate 6894, by Senator Gianaris,
4 an act to amend the New York City Civil Court
5 Act;
6 Senate 7051, by Senator Felder, an
7 act to amend the Family Court Act;
8 Senate 7112, by Senator Griffo, an
9 act to amend the Banking Law;
10 Senate 7168, by Senator
11 DeFrancisco, an act to amend the Judiciary Law;
12 Senate 7258, by Senator Tkaczyk, an
13 act to amend the Village Law;
14 Senate 7356, by Senator Felder, an
15 act to amend the Education Law;
16 Senate 7389A, by Senator Gallivan,
17 an act to amend General Business Law;
18 Senate 7524, by Senator Golden, an
19 act to amend the Social Services Law;
20 Senate 7547A, by Senator Gallivan,
21 an act authorizing;
22 Senate 7664, by Senator Golden, an
23 act to amend the Administrative Code of the City
24 of New York;
25 Senate 7667, by Senator Felder, an
4547
1 act to amend the Social Services Law;
2 Senate 7736, by Senator Golden, an
3 act to amend the Administrative Code of the City
4 of New York;
5 Senate 7809, by Senator Boyle, an
6 act authorizing;
7 Senate 7842, by Senator
8 Stewart-Cousins, an act in relation to the
9 substitution of certain parkland;
10 Senate 7849A, by Senator Lanza, an
11 act relating to joint bidding;
12 Senate 7859A, by Senator Robach, an
13 act to amend Chapter 416 of the Laws of 2007;
14 Senate 7860, by Senator Savino, an
15 act to amend the Vehicle and Traffic Law;
16 Senate 7864, by Senator Sanders, an
17 act to amend the Executive Law;
18 Senate 7888, by Senator Nozzolio,
19 an act to amend the Penal Law;
20 Senate 7902, by Senator Hannon, an
21 act to amend the Penal Law;
22 Senate 7903, by Senator Carlucci,
23 an act to amend the Mental Hygiene Law;
24 Senate 7904, by Senator Hannon, an
25 act to amend the Mental Hygiene Law;
4548
1 Senate 7905, by Senator Marchione,
2 an act to amend the Public Health Law;
3 Senate 7906, by Senator Martins, an
4 act to amend the Public Health Law;
5 Senate 7907, by Senator Marcellino,
6 an act to amend the Penal Law;
7 Senate 7908, by Senator Hannon, an
8 act to amend the Criminal Procedure Law;
9 Senate 7909, by Senator Felder, an
10 act to amend the Family Court Act;
11 Senate 7910, by Senator Martins, an
12 act to amend the Education Law;
13 Senate 7911, by Senator Boyle, an
14 act to amend the Mental Hygiene Law;
15 And Senate 7912, by Senator Seward,
16 an act to amend the Insurance Law.
17 All bills reported direct to third
18 reading.
19 SENATOR LIBOUS: Could we move to
20 accept the report of the Rules Committee.
21 ACTING PRESIDENT VALESKY: All
22 those in favor of accepting the report of the
23 Rules Committee signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT VALESKY:
4549
1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT VALESKY: The
4 report of the Rules Committee is accepted.
5 Senator Libous.
6 SENATOR LIBOUS: Mr. President,
7 could we do the noncontroversial reading of
8 Supplemental Calendar 53A, please.
9 ACTING PRESIDENT VALESKY: The
10 Secretary will proceed with the noncontroversial
11 reading of Senate Supplemental Calendar 53A.
12 THE SECRETARY: Calendar Number
13 1594, by Senator Dilan, Senate Print 398A, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT VALESKY: Read
16 the last section.
17 THE SECRETARY: Section 7. This
18 act shall take effect immediately.
19 ACTING PRESIDENT VALESKY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57.
23 ACTING PRESIDENT VALESKY: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
4550
1 1595, by Senator Dilan, Senate Print 410, an act
2 to amend the General Municipal Law.
3 ACTING PRESIDENT VALESKY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT VALESKY: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 56. Nays,
11 1. Senator Ball recorded in the negative.
12 ACTING PRESIDENT VALESKY: The
13 bill is passed.
14 THE SECRETARY: Senator Klein
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 5299B and substitute it for
17 the identical Senate Bill Number 2360B, Third
18 Reading Calendar 1596.
19 ACTING PRESIDENT VALESKY:
20 Substitution ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1596, by Member of the Assembly Pretlow,
24 Assembly Print 5299B, an act to amend the
25 Workers' Compensation Law.
4551
1 ACTING PRESIDENT VALESKY: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect 180th day.
5 ACTING PRESIDENT VALESKY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 56. Nays,
9 1. Senator Ball recorded in the negative.
10 ACTING PRESIDENT VALESKY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1597, by Senator Savino, Senate Print 2518B, an
14 act to amend the Penal Law.
15 ACTING PRESIDENT VALESKY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 60th day.
19 ACTING PRESIDENT VALESKY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56. Nays,
23 1. Senator Perkins recorded in the negative.
24 ACTING PRESIDENT VALESKY: The
25 bill is passed.
4552
1 THE SECRETARY: Calendar Number
2 1598, by Senator Young, Senate Print 2688, an
3 act to amend the Agriculture and Markets Law.
4 ACTING PRESIDENT VALESKY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT VALESKY: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 54. Nays,
12 3. Senators Hoylman, Perkins and Serrano
13 recorded in the negative.
14 ACTING PRESIDENT VALESKY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1599, by Senator Seward, Senate Print 3657, an
18 act to amend the Alcoholic Beverage Control Law.
19 ACTING PRESIDENT VALESKY: Read
20 the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the 180th day.
23 ACTING PRESIDENT VALESKY: Call
24 the roll.
25 (The Secretary called the roll.)
4553
1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT VALESKY: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1600, by Senator Seward, Senate Print 3815A, an
6 act to grant.
7 ACTING PRESIDENT VALESKY: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT VALESKY: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 56. Nays,
15 1. Senator Gipson recorded in the negative.
16 ACTING PRESIDENT VALESKY: The
17 bill is passed.
18 THE SECRETARY: Senator Latimer
19 moves to discharge, from the Committee on Rules,
20 Assembly Bill Number 1093C and substitute it for
21 the identical Senate Bill 4235B, Third Reading
22 Calendar 1602.
23 ACTING PRESIDENT VALESKY:
24 Substitution ordered.
25 The Secretary will read.
4554
1 THE SECRETARY: Calendar Number
2 1602, by Member of the Assembly Skoufis,
3 Assembly Print 1093C, an act to amend the
4 Insurance Law.
5 ACTING PRESIDENT VALESKY: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT VALESKY: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56. Nays,
13 1. Senator Ball recorded in the negative.
14 ACTING PRESIDENT VALESKY: The
15 bill is passed.
16 THE SECRETARY: Senator Lanza
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 6914A and substitute it for
19 the identical Senate Bill Number 4819A, Third
20 Reading Calendar 1603.
21 ACTING PRESIDENT VALESKY:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1603, by Member of the Assembly Rosenthal,
4555
1 Assembly Print 6914A, an act to amend the
2 Military Law.
3 ACTING PRESIDENT VALESKY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT VALESKY: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT VALESKY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1604, by Senator Kennedy, Senate Print 5284, an
15 act to amend the Penal Law.
16 ACTING PRESIDENT VALESKY: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 90th day.
20 ACTING PRESIDENT VALESKY: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT VALESKY: Senator
24 Kennedy to explain his vote.
25 SENATOR KENNEDY: Thank you very
4556
1 much, Mr. President.
2 I'm very proud to carry this bill
3 today, and I urge my colleagues to join me in
4 favor of passing this legislation.
5 New York State currently has one of
6 the weakest child pornography, possession and
7 promotion laws. In the past it's been the FBI's
8 role to apprehend these criminals under the
9 stronger federal child porn statutes. But with
10 dwindling federal resources, law enforcement is
11 more and more relying on the state to
12 investigate these offenders and crack down on
13 these predators.
14 The state's laws, however, are not
15 strong enough. And those convicted under the
16 state penal code often plead down from a felony
17 to a misdemeanor. This results in the offender
18 avoiding placement on the New York State Sex
19 Offender Registry, enabling them to work and
20 live near our schools, playgrounds and daycare
21 centers, despite the danger they pose to our
22 community and our children.
23 With this legislation we seek to
24 strengthen the penalties for those found guilty
25 of possession or promotion of child pornography,
4557
1 primarily to prevent such people from harming
2 children in our neighborhoods. The Federal
3 Bureau of Prisons indicated that 76 percent of
4 offenders convicted of Internet-related child
5 pornography reported having sexual contact with
6 children in the past and had an average of over
7 30 child sexual victims each. That is
8 intolerable and unacceptable.
9 Evidence gathered from law
10 enforcement investigations has indicated that
11 offenders who promote or possess child
12 pornography often also actively pursue sexual
13 acts with children. Therefore, those in the
14 criminal justice field agree that owning and
15 viewing child pornography typically extends
16 beyond viewing pictures and most often involves
17 the actual sexual abuse of these children.
18 This bill seeks to ensure that
19 those found guilty of possession or promotion of
20 child pornography will be identified and
21 registered as a sex offender under the New York
22 State Sex Offender Registry to further protect
23 potential victims.
24 We need to stop these predators
25 from abusing our children, and this bill is
4558
1 important. And it's important that we move
2 forward in New York State and take a step in the
3 right direction to do just that.
4 Mr. President, I vote aye, and I
5 ask my colleagues to do the same.
6 Thank you.
7 ACTING PRESIDENT VALESKY: Senator
8 Kennedy to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT VALESKY: The
12 bill is passed.
13 THE SECRETARY: Senator Savino
14 moves to discharge, from the Committee on Rules,
15 Assembly Bill Number 8106C and substitute it for
16 the identical Senate Bill Number 5885B, Third
17 Reading Calendar 1605.
18 ACTING PRESIDENT VALESKY:
19 Substitution ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1605, by Member of the Assembly Heastie,
23 Assembly Print 8106C, an act to amend the
24 Labor Law.
25 ACTING PRESIDENT VALESKY: Read
4559
1 the last section.
2 THE SECRETARY: Section 13. This
3 act shall take effect on the 60th day.
4 ACTING PRESIDENT VALESKY: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT VALESKY: Senator
8 Savino to explain her vote.
9 SENATOR SAVINO: Thank you,
10 Mr. President.
11 In 2010 I was very proud to sponsor
12 the New York State Wage Theft Prevention Act,
13 one of the most comprehensive wage theft
14 statutes ever enacted in this country.
15 Since that time, though, there have
16 been some changes to the act that have been
17 requested by people on both sides of the issue.
18 And I'm a firm believer that in the art of
19 compromise we can often find ways to come to
20 agreement.
21 So earlier this year, several
22 people set out to make compromise on this issue.
23 And today I am proud to say that I am carrying
24 this bill, an amendment to the Wage Theft
25 Prevention Act, and I have in my possession
4560
1 something I never thought that I would receive
2 in my career in the State Senate, and that is a
3 memo in support from the New York State Business
4 Council, who participated in the negotiation,
5 where both sides got what they wanted.
6 So we have increased penalties for
7 employers who would violate the Wage Theft
8 Prevention Act, and we have eliminated the
9 onerous annual notice that employers have to
10 provide to workers, because it really doesn't
11 provide anything. So everybody got a little bit
12 of what they want.
13 So I am very happy, and I would
14 urge my colleagues who almost think they're
15 supposed to vote against this to think twice,
16 because everybody likes this bill.
17 Thank you, Mr. President.
18 ACTING PRESIDENT VALESKY: Senator
19 Savino to be recorded in the affirmative.
20 Senator DeFrancisco to explain his
21 vote.
22 SENATOR DeFRANCISCO: I voted
23 against the original wage theft bill because it
24 had some provisions in it that made little
25 sense, having employers have to provide notices
4561
1 to their employees as to what their wages are
2 when they were getting pay stubs. It was a
3 perfect example of a bill that went overboard in
4 correcting a problem that was basically, if
5 there was one, limited to one region of the
6 State of New York.
7 And over the last several years
8 until we got to this point, I've carried a bill
9 to try to eliminate this onerous burden,
10 needless burden, costly burden on employers
11 throughout the state.
12 I'm very happy that finally a bill
13 was done that gets rid of that onerous
14 requirement and relieves businesses from the
15 cost of needless notifications, especially,
16 especially since they've spent untold dollars
17 that could have gone towards employing people in
18 providing these notifications since the day the
19 bill was passed.
20 So I vote aye.
21 ACTING PRESIDENT VALESKY: Senator
22 DeFrancisco to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT VALESKY: The
4562
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1606, by Senator Addabbo, Senate Print 5944B, an
4 act to amend the Tax Law.
5 ACTING PRESIDENT VALESKY: That
6 bill is high.
7 We'll move to 1607.
8 THE SECRETARY: Calendar Number
9 1607, by Senator Valesky, Senate Print 5966C, an
10 act to amend the Education Law.
11 ACTING PRESIDENT VALESKY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT VALESKY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT VALESKY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1608, by Senator Avella, Senate Print 6201A, an
23 act to amend the Lien Law.
24 ACTING PRESIDENT VALESKY: Read
25 the last section.
4563
1 THE SECRETARY: Section 3. This
2 act shall take effect January 1, 2016.
3 ACTING PRESIDENT VALESKY: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT VALESKY: Senator
7 Bonacic to explain his vote.
8 SENATOR BONACIC: Yes. Back about
9 20 years ago I used to own a self-storage
10 business, and I'm very familiar with the
11 process.
12 What this bill does is negatively
13 hurt that whole industry. For those that are
14 not familiar with self-storage units, if you
15 come in to rent one, you're normally renting it
16 for 30 days. You're paying for something
17 probably less than a hundred dollars, depending
18 on the size of the unit you want.
19 The key to the self-storage
20 business, if that tenant doesn't pay, you have
21 to be able to have access to that storage and
22 try to collect whatever rents they owe. Most of
23 the time you don't collect the rent, and most of
24 the time the units are empty or the stuff that's
25 in there is junk.
4564
1 The sponsor talks of TV shows,
2 reality shows, that somehow there's a windfall
3 to the landlord. That's not true in reality.
4 In reality, if that was the case, if there were
5 contents that were valuable, when they go
6 through the Lien Law auction, any extra money
7 goes back to the owner. So the idea that you're
8 protecting the tenant, you're really not. It's
9 overkill.
10 The second aspect of this
11 legislation, if I come in to rent that unit as a
12 tenant, I'm required to write an alternative
13 person, under this legislation, that's not part
14 of the occupancy agreement.
15 So you have a tenant saying Joe
16 Blow -- whether the tenant knows Joe below or
17 not, who knows. But that landlord then has a
18 requirement to send Joe Blow information about
19 the unit. And that's a privacy issue to Joe
20 Blow, who doesn't know what's going on,
21 possibly.
22 And it requires two notices, not
23 one, to the tenant and Joe Blow, delaying the
24 process even further, jacking up the amount of
25 money owed to the landlord which they wouldn't
4565
1 recover anyway. And you're usually not dealing
2 with a lot of money.
3 This is a bad, bad bill for the
4 industry. I vote no.
5 ACTING PRESIDENT VALESKY: Senator
6 Bonacic to be recorded in the negative.
7 Senator DeFrancisco to explain his
8 vote.
9 SENATOR DeFRANCISCO: I vote in
10 the favor of the landlord over Joe Blow.
11 (Laughter.)
12 ACTING PRESIDENT VALESKY: Senator
13 DeFrancisco to be recorded in the negative.
14 Senator Avella to explain his vote.
15 SENATOR AVELLA: Thank you,
16 Mr. President.
17 I wasn't intending to talk on the
18 bill, but I just wanted to address some of the
19 comments that have been made.
20 This is actually a consumer
21 protection bill, and it just puts into the law
22 protections for the person who leases the unit.
23 And I'd be happy to talk to Senator Bonacic
24 about some of the issues in the bill, but I
25 think some of the comments he made are actually
4566
1 not correct as it relates to the legislation.
2 But I'll talk to him afterwards.
3 But I would urge my colleagues to
4 vote for this.
5 ACTING PRESIDENT VALESKY: Senator
6 Avella will be recorded in the affirmative.
7 (Pause.)
8 ACTING PRESIDENT VALESKY: Senator
9 Carlucci.
10 SENATOR CARLUCCI: Thank you,
11 Mr. President.
12 I'd like to withdraw the roll call
13 and lay the bill aside for the day.
14 ACTING PRESIDENT VALESKY: The
15 roll call is withdrawn, and the bill is laid
16 aside for the day.
17 The Secretary will continue to
18 read.
19 THE SECRETARY: Senator Carlucci
20 moves to discharge, from the Committee on Rules,
21 Assembly Bill Number 2727B and substitute it for
22 the identical Senate Bill Number 6403B,
23 Third Reading Calendar 1609.
24 ACTING PRESIDENT VALESKY:
25 Substitution ordered.
4567
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1609, by Member of the Assembly Weisenberg,
4 Assembly Print 2727B, an act to amend the
5 General Business Law.
6 ACTING PRESIDENT VALESKY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect two years after it shall
10 have become a law.
11 ACTING PRESIDENT VALESKY: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT VALESKY: Senator
15 DeFrancisco to explain his vote.
16 SENATOR DeFRANCISCO: Yes, I just
17 want to make sure. This is the Senator Carlucci
18 bill on sunscreen labeling?
19 ACTING PRESIDENT VALESKY:
20 Correct. Correct.
21 SENATOR DeFRANCISCO: I'm going to
22 vote no because we happen to live in a country
23 that promotes interstate commerce. In a country
24 that promotes interstate commerce, you can't
25 have different rules in every state about every
4568
1 type of notification that has to be on an item.
2 We do have the FDA that actually
3 has regulations on expiration dates, and those
4 regulations say that you don't have to put an
5 expiration date if the item has at least a
6 three-year life expectancy or more.
7 This would require additional
8 labeling on those from one to three years even
9 when scientifically it's been determined that
10 that's not necessary.
11 I think we should follow the FDA on
12 this, not create our own standard which will
13 impair businesses, again, in interstate commerce
14 who do employ people and we want to have those
15 businesses here in the state. So I would vote
16 no for those reasons.
17 ACTING PRESIDENT VALESKY: Senator
18 DeFrancisco to be recorded in the negative.
19 Senator Boyle to explain his vote.
20 SENATOR BOYLE: Thank you,
21 Mr. President.
22 I just wanted to thank Senator
23 Carlucci for sponsoring this legislation and
24 also to commend the Assembly sponsor,
25 Assemblyman Harvey Weisenberg, who has been a
4569
1 long advocate for this piece of legislation, is
2 retiring now after 25 years. Harvey has been a
3 champion of the disabled. He achieved great
4 accolades in the Assembly, and we should also
5 recognize his long service here for the
6 disabled, for our children. And this is a
7 perfect example of legislation that does just
8 that.
9 I vote in the affirmative, and
10 thank you, Harvey.
11 ACTING PRESIDENT VALESKY: Senator
12 Boyle to be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar 1609, those recorded in the negative
16 are Senators Ball, DeFrancisco, Farley,
17 Grisanti, Hannon, Little, Marchione, Martins,
18 O'Mara and Ranzenhofer.
19 (Pause.)
20 ACTING PRESIDENT VALESKY:
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 1609, those recorded in the negative
24 are Senators Ball, DeFrancisco, Farley,
25 Grisanti, Hannon, Larkin, Libous, Little,
4570
1 Marchione, Martins, O'Mara, Ranzenhofer, Seward
2 and Young. Also Senator Nozzolio.
3 Ayes, 42. Nays, 15.
4 ACTING PRESIDENT VALESKY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1610, by Senator Lanza, Senate Print 6643, an
8 act to amend the Agriculture and Markets Law.
9 SENATOR LIBOUS: Lay it aside for
10 the day.
11 ACTING PRESIDENT VALESKY: The
12 bill is laid aside for the day.
13 THE SECRETARY: Calendar Number
14 1611, by Senator Gianaris, Senate Print 6894, an
15 act to amend the New York City Civil Court Act.
16 ACTING PRESIDENT VALESKY: Read
17 the last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect on the first of January.
20 ACTING PRESIDENT VALESKY: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT VALESKY: The
25 bill is passed.
4571
1 THE SECRETARY: Senator Felder
2 moves to discharge, from the Committee on
3 Children and Families, Assembly Bill Number 9720
4 and substitute it for the identical Senate Bill
5 Number 7051, Third Reading Calendar 1612.
6 ACTING PRESIDENT VALESKY:
7 Substitution ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1612, by Member of the Assembly Lupardo --
11 SENATOR LIBOUS: Lay it aside for
12 the day.
13 ACTING PRESIDENT VALESKY: The
14 bill is laid aside for the day.
15 THE SECRETARY: Senator Griffo
16 moves to discharge, from the Committee on Rules,
17 Assembly Bill Number 9408 and substitute it for
18 the identical Senate Bill Number 7112, Third
19 Reading Calendar 1613.
20 ACTING PRESIDENT VALESKY:
21 Substitution ordered.
22 THE SECRETARY: Calendar Number
23 1613, by Member of the Assembly Robinson,
24 Assembly Print 9408, an act to amend the
25 Banking Law.
4572
1 ACTING PRESIDENT VALESKY: Read
2 the last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect on the 90th day.
5 ACTING PRESIDENT VALESKY: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT VALESKY: Senator
9 Montgomery to explain her vote.
10 SENATOR MONTGOMERY: Yes,
11 Mr. President, I rise to support this
12 legislation and thank Senator Griffo for the
13 fact that he is paying particular attention to
14 credit unions in our state.
15 It is my understanding that this
16 bill would allow state-chartered credit unions
17 to apply to the superintendent of the Department
18 of Financial Services to request a membership
19 that includes groups based on employment,
20 association and community.
21 I'm very pleased that the Senator
22 is expanding the membership to community in
23 particular. I have a couple of community credit
24 unions in my own district. And I believe across
25 the State of New York credit unions serve people
4573
1 who are not really even welcome nor do they fare
2 well in the regular large commercial banks.
3 And in many cases, as in the case
4 with me, one of my banks has in fact closed my
5 account because I didn't have enough money in
6 it. So I'm a very happy supporter of credit
7 unions. And basically, for the most part, my
8 banking is done with credit unions, both state
9 and in New York City.
10 So thank you, Senator Griffo, and I
11 gladly support this legislation that you're
12 putting forth today.
13 Thanks, Mr. President.
14 ACTING PRESIDENT VALESKY: Senator
15 Montgomery to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 56. Nays,
18 1. Senator Ranzenhofer recorded in the
19 negative.
20 ACTING PRESIDENT VALESKY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1614, by Senator DeFrancisco, Senate Print 7168,
24 an act to amend the Judiciary Law.
25 ACTING PRESIDENT VALESKY: Read
4574
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT VALESKY: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 ACTING PRESIDENT VALESKY: The
9 bill is passed.
10 THE SECRETARY: Senator Tkaczyk
11 moves to discharge, from the Committee on Rules,
12 Assembly Bill Number 9572 and substitute it for
13 the identical Senate Bill Number 7258, Third
14 Reading Calendar 1616.
15 ACTING PRESIDENT VALESKY:
16 Substitution ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1616, by Member of the Assembly Santabarbara,
20 Assembly Print 9572, an act to amend the
21 Village Law.
22 ACTING PRESIDENT VALESKY: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4575
1 ACTING PRESIDENT VALESKY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT VALESKY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1617, by Senator Felder, Senate Print 7356, an
9 act to amend the Education Law.
10 ACTING PRESIDENT VALESKY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT VALESKY: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT VALESKY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1618, by Senator Gallivan, Senate Print 7389A --
22 SENATOR LIBOUS: Lay that bill
23 aside temporarily.
24 ACTING PRESIDENT VALESKY: The
25 bill is laid aside temporarily.
4576
1 THE SECRETARY: Senator Golden
2 moves to discharge, from the Committee on Rules,
3 Assembly Bill Number 9873 and substitute it for
4 the identical Senate Bill Number 7524, Third
5 Reading Calendar 1619.
6 ACTING PRESIDENT VALESKY:
7 Substitution ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1619, by Member of the Assembly Lupardo,
11 Assembly Print 9873, an act to amend the Social
12 Services Law.
13 ACTING PRESIDENT VALESKY: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT VALESKY: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT VALESKY: Senator
21 Kennedy to explain his vote.
22 SENATOR KENNEDY: Thank you very
23 much, Mr. President.
24 This is an extremely important bill
25 and an imperative step that the state is taking
4577
1 in the right direction to help to keep our
2 children safe all across the State of New York.
3 Improved transparency is a key
4 component of our ongoing efforts to improve
5 Child Protective Services in this great state,
6 and this legislation will improve oversight and
7 shed light on any local needs for increased
8 funding or additional resources. And we're
9 going to fight to assure that those needs are
10 addressed.
11 In Erie County and in many counties
12 across the state, Child Protective Service
13 workers are overburdened with extremely heavy
14 caseloads that far exceed the state's
15 recommended levels. Caseloads for some workers
16 in Erie County CPS are as high as 40 or 50, and
17 we've heard reports that those numbers are even
18 doubled further.
19 The bottom line is the
20 caseloads are way too high. New York State
21 recommends workers' caseloads remain between 12
22 to 15 cases. CPS caseworkers have an extremely
23 difficult and important job to do, and it
24 becomes even more difficult to thoroughly
25 investigate every case when their caseloads are
4578
1 excessively high, especially if their caseloads
2 are three to 10 times higher than the state
3 recommends they should be.
4 State law does not require local
5 agencies to fully disclose worker caseloads, and
6 this bill will change just that, by directing
7 local Departments of Social Services to release
8 an annual report that outlines average caseloads
9 for workers. And local agencies will be
10 required to detail the steps they'll take to
11 lower the average caseloads for CPS workers.
12 This will better inform the State Legislature of
13 necessary reforms and ensure counties in the
14 state are aware of any need for additional
15 resources with specific outcomes.
16 It's imperative that Child
17 Protective Services is provided with the
18 resources they need to protect our children and
19 help keep our families safe throughout the State
20 of New York. This legislation will advance this
21 important cause.
22 And with that, Mr. President, I
23 vote aye. Thank you.
24 ACTING PRESIDENT VALESKY: Senator
25 Kennedy to be recorded in the affirmative.
4579
1 Announce the results.
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT VALESKY: The
4 bill is passed.
5 THE SECRETARY: Senator Gallivan
6 moves to discharge, from the Committee on Rules,
7 Assembly Bill Number 9812 and substitute it for
8 the identical Senate Bill Number 7547A, Third
9 Reading Calendar 1620.
10 ACTING PRESIDENT VALESKY:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1620, by Member of the Assembly Zebrowski,
15 Assembly Print 9812, an act authorizing.
16 ACTING PRESIDENT VALESKY: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT VALESKY: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT VALESKY: The
25 bill is passed.
4580
1 THE SECRETARY: Calendar Number
2 1621, by Senator Golden, Senate Print 7664, an
3 act to amend the Administrative Code of the City
4 of New York.
5 ACTING PRESIDENT VALESKY: There
6 is a home-rule message at the desk.
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT VALESKY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT VALESKY: The
15 bill is passed.
16 THE SECRETARY: Senator Felder
17 moves to discharge, from the Committee on Social
18 Services, Assembly Bill Number 9702 and
19 substitute it for the identical Senate Bill
20 Number 7667, Third Reading Calendar 1622.
21 ACTING PRESIDENT VALESKY:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1622, by Member of the Assembly Lupardo,
4581
1 Assembly Print 9702, an act to amend the
2 Social Services Law.
3 ACTING PRESIDENT VALESKY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT VALESKY: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT VALESKY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1624, by Senator Golden, Senate Print 7736, an
15 act to amend the Administrative Code of the City
16 of New York.
17 SENATOR LIBOUS: Lay it aside for
18 the day.
19 ACTING PRESIDENT VALESKY: The
20 bill is laid aside for the day.
21 THE SECRETARY: Calendar Number
22 1625, by Senator Boyle, Senate Print 7809, an
23 act authorizing.
24 ACTING PRESIDENT VALESKY: Read
25 the last section.
4582
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT VALESKY: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: In relation to
7 Calendar 1625, those recorded in the negative
8 are Senators Ball, Bonacic, Larkin, Nozzolio and
9 O'Mara.
10 Ayes, 52. Nays, 5.
11 ACTING PRESIDENT VALESKY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1627, by Senator Stewart-Cousins, Senate Print
15 7842, an act in relation to the substitution.
16 ACTING PRESIDENT VALESKY: There
17 is a home-rule message at the desk.
18 SENATOR GIANARIS: Lay the bill
19 aside for the day, please.
20 ACTING PRESIDENT VALESKY: The
21 bill is laid aside for the day.
22 THE SECRETARY: Calendar Number
23 1628, by Senator Lanza, Senate Print 7849A, an
24 act relating to joint bidding.
25 ACTING PRESIDENT VALESKY: There
4583
1 is a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 7. This
4 act shall take effect immediately.
5 ACTING PRESIDENT VALESKY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 56. Nays,
9 1. Senator Ranzenhofer recorded in the
10 negative.
11 ACTING PRESIDENT VALESKY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1629, by Senator Robach, Senate Print 7859A, an
15 act to amend Chapter 416 of the Laws of 2007.
16 ACTING PRESIDENT VALESKY: Read
17 the last section.
18 THE SECRETARY: Section 9. This
19 act shall take effect immediately.
20 ACTING PRESIDENT VALESKY: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT VALESKY: The
25 bill is passed.
4584
1 THE SECRETARY: Calendar Number
2 1630, by Senator Savino, Senate Print 7860, an
3 act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT VALESKY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT VALESKY: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT VALESKY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1631, by Senator Sanders, Senate Print 7864, an
16 act to amend the Executive Law.
17 ACTING PRESIDENT VALESKY: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 60th day.
21 ACTING PRESIDENT VALESKY: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT VALESKY: The
4585
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1632, by Senator Nozzolio, Senate Print 7888, an
4 act to amend the Penal Law.
5 ACTING PRESIDENT VALESKY: Read
6 the last section.
7 THE SECRETARY: Section 6. This
8 act shall take effect on the 30th day.
9 ACTING PRESIDENT VALESKY: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT VALESKY:
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar 1632, those recorded in the negative
16 are Senators Ball, Breslin, Dilan, Hoylman,
17 Krueger, LaValle, Marcellino, Montgomery,
18 Parker, Perkins, Rivera, Serrano and Stavisky.
19 Ayes, 44. Nays, 13.
20 ACTING PRESIDENT VALESKY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1633, by Senator Hannon, Senate Print 7902, an
24 act to amend the Penal Law.
25 SENATOR LIBOUS: Mr. President, is
4586
1 there a message of necessity at the desk?
2 ACTING PRESIDENT VALESKY: There
3 is a message at the desk.
4 SENATOR LIBOUS: I move to accept
5 the message.
6 ACTING PRESIDENT VALESKY: All
7 those in favor of accepting the message of
8 necessity signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT VALESKY:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT VALESKY: The
14 message from the Governor is accepted.
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT VALESKY: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57.
22 ACTING PRESIDENT VALESKY: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1634, by Senator Carlucci, Senate Print 7903, an
4587
1 act to amend the Mental Hygiene Law.
2 SENATOR LIBOUS: Mr. President, is
3 there a message of necessity at the desk?
4 ACTING PRESIDENT VALESKY: There
5 is a message at the desk.
6 SENATOR LIBOUS: I move we accept
7 the message.
8 ACTING PRESIDENT VALESKY: All
9 those in favor of accepting the message of
10 necessity signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT VALESKY:
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT VALESKY: The
16 message is accepted.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT VALESKY: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT VALESKY: The
25 bill is passed.
4588
1 THE SECRETARY: Calendar Number
2 1635, by Senator Hannon, Senate Print 7904, an
3 act to amend the Mental Hygiene Law.
4 SENATOR LIBOUS: Mr. President, is
5 there a message of necessity at the desk?
6 ACTING PRESIDENT VALESKY: There
7 is a message at the desk.
8 SENATOR LIBOUS: I move we accept
9 the message.
10 ACTING PRESIDENT VALESKY: All in
11 favor of accepting the message of necessity
12 signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT VALESKY:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT VALESKY: The
18 message is accepted.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT VALESKY: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57.
4589
1 ACTING PRESIDENT VALESKY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1636, by Senator Marchione, Senate Print 7905,
5 an act to amend the Public Health Law.
6 SENATOR LIBOUS: Is there a
7 message of necessity at the desk?
8 ACTING PRESIDENT VALESKY: There
9 is a message at the desk.
10 SENATOR LIBOUS: Mr. President, I
11 move to accept the message, sir.
12 ACTING PRESIDENT VALESKY: All in
13 favor of accepting the message signify by saying
14 aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT VALESKY:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT VALESKY: The
20 message of necessity is accepted.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT VALESKY: Call
25 the roll.
4590
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 56. Nays,
3 1. Senator Rivera recorded in the negative.
4 ACTING PRESIDENT VALESKY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1637, by Senator Martins, Senate Print 7906, an
8 act to amend the Public Health Law.
9 SENATOR LIBOUS: Is there a
10 message of necessity at the desk?
11 ACTING PRESIDENT VALESKY: There
12 is a message at the desk.
13 SENATOR LIBOUS: I move we accept
14 the message.
15 ACTING PRESIDENT VALESKY: All in
16 favor of accepting the message signify by saying
17 aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT VALESKY:
20 Opposed, nay.
21 (No response.)
22 ACTING PRESIDENT VALESKY: The
23 message of necessity is accepted.
24 Read the last section.
25 THE SECRETARY: Section 2. This
4591
1 act shall take effect immediately.
2 ACTING PRESIDENT VALESKY: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57.
6 ACTING PRESIDENT VALESKY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1638, by Senator Marcellino, Senate Print 7907,
10 an act to amend the Penal Law.
11 SENATOR LIBOUS: Is there a
12 message of necessity at the desk?
13 ACTING PRESIDENT VALESKY: There
14 is a message at the desk.
15 SENATOR LIBOUS: I move we accept
16 the message, Mr. President.
17 ACTING PRESIDENT VALESKY: All in
18 favor of accepting the message of necessity
19 signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT VALESKY:
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT VALESKY: The
25 message is accepted.
4592
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT VALESKY: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 55. Nays,
8 2. Senators Hoylman and Rivera recorded in the
9 negative.
10 ACTING PRESIDENT VALESKY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1639, by Senator Hannon, Senate Print 7908, an
14 act to amend the Criminal Procedure Law.
15 SENATOR LIBOUS: Mr. President, is
16 there a message of necessity at the desk?
17 ACTING PRESIDENT VALESKY: There
18 is a message at the desk.
19 SENATOR LIBOUS: I move that we
20 accept the message.
21 ACTING PRESIDENT VALESKY: All in
22 favor of accepting the message of necessity
23 signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT VALESKY:
4593
1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT VALESKY: The
4 message is accepted.
5 Read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT VALESKY: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 56. Nays,
12 1. Senator Rivera recorded in the negative.
13 ACTING PRESIDENT VALESKY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1640, by Senator Felder, Senate Print 7909, an
17 act to amend the Family Court Act.
18 SENATOR LIBOUS: Mr. President, is
19 there a message of necessity at the desk?
20 ACTING PRESIDENT VALESKY: There
21 is a message at the desk.
22 SENATOR LIBOUS: I move we accept
23 the message.
24 ACTING PRESIDENT VALESKY: All in
25 favor of accepting the message signify by saying
4594
1 aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT VALESKY:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT VALESKY: The
7 message of necessity is accepted.
8 Read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT VALESKY: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT VALESKY: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1641, by Senator Martins, Senate Print 7910, an
19 act to amend the Education Law.
20 SENATOR LIBOUS: Mr. President, is
21 there a message of necessity at the desk?
22 ACTING PRESIDENT VALESKY: There
23 is a message at the desk.
24 SENATOR LIBOUS: I move we accept
25 the message.
4595
1 ACTING PRESIDENT VALESKY: All in
2 favor of accepting the message signify by saying
3 aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT VALESKY:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT VALESKY: The
9 message of necessity is accepted.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT VALESKY: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT VALESKY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1642, by Senator Boyle, Senate Print 7911, an
21 act to amend the Mental Hygiene Law.
22 SENATOR LIBOUS: Mr. President, is
23 there a message of necessity at the desk?
24 ACTING PRESIDENT VALESKY: There
25 is a message at the desk.
4596
1 SENATOR LIBOUS: I move we accept
2 the message, sir.
3 ACTING PRESIDENT VALESKY: All in
4 favor of accepting the message of necessity
5 signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT VALESKY:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT VALESKY: The
11 message is accepted.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT VALESKY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT VALESKY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1643, by Senator Seward, Senate Print 7912, an
23 act to amend the Insurance Law.
24 SENATOR LIBOUS: Mr. President, is
25 there a message of necessity at the desk?
4597
1 ACTING PRESIDENT VALESKY: There
2 is a message at the desk.
3 SENATOR LIBOUS: Mr. President, I
4 move that we accept the message.
5 ACTING PRESIDENT VALESKY: All in
6 favor of accepting the message of necessity
7 signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT VALESKY:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT VALESKY: The
13 message is accepted.
14 Read the last section.
15 THE SECRETARY: Section 12. This
16 act shall take effect immediately.
17 ACTING PRESIDENT VALESKY: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT VALESKY: Senator
21 Seward to explain his vote.
22 SENATOR SEWARD: Yes, thank you,
23 Mr. President.
24 You know, heroin addiction is a
25 menace that is infiltrating all social, economic
4598
1 and geographic sectors of our state, and it's
2 taking a deadly toll.
3 You know, with the good work of the
4 Senate Task Force on Heroin and Opioid
5 Addiction, chaired by Senator Boyle -- a number
6 of us were members of that -- and the fact that
7 we now have a three-way agreement on a package
8 of bills that we're passing at this time, we now
9 have a multipronged strategy to combat this
10 epidemic that includes education and prevention,
11 treatment and law enforcement.
12 This particular bill before us at
13 this time improves insurance coverage for
14 substance abuse disorder treatment by
15 strengthening and standardizing the utilization
16 review process by which our health plans
17 determine coverage for substance abuse treatment
18 services.
19 It also creates an expedited
20 appeals process and requires the insurers to
21 continue to provide coverage and to reimburse
22 for treatment throughout the entire appeals
23 process.
24 It does so by requiring the plans
25 to use healthcare providers who specialize in
4599
1 substance abuse disorder treatment when making
2 coverage determinations. It also requires OASAS
3 to provide a standard set of evidence-based peer
4 review criteria for plans to use when making
5 treatment determinations.
6 You know, when a heroin addict
7 decides to seek treatment, it's crucial that the
8 services are made available in a timely manner.
9 It may be a turning point in that person's life,
10 and I don't want that moment to pass because of
11 insurance paperwork or denial of services made
12 by a nonmedically qualified staff member at the
13 insurance company or a drawn-out appeals
14 process.
15 You know, this legislation before
16 us now addresses all of these concerns. And,
17 Mr. President, I vote aye.
18 ACTING PRESIDENT VALESKY: Senator
19 Seward to be recorded in the affirmative.
20 Senator Bonacic to explain his
21 vote.
22 SENATOR BONACIC: Thank you,
23 Mr. President.
24 I want to thank my colleagues here
25 in both houses. We just passed 11 pieces of
4600
1 legislation to combat opioids and heroin. And I
2 want to say that government can only go so far,
3 and this is a good first step.
4 I want to thank Senator Boyle for
5 chairing the task force that went across the
6 whole state and took input on all the forums;
7 Senator Mike Nozzolio, Senator Carlucci, they
8 co-chaired it; and all of the task force
9 members.
10 And it's not only about taking
11 credit, it's about getting ahead of this heroin
12 epidemic. And we're going to need more than
13 just government to pass laws. We're going to
14 need the help of communities and all of the
15 people in the communities to work together to
16 get ahead of this heroin epidemic.
17 I vote yes. Thank you,
18 Mr. President.
19 ACTING PRESIDENT VALESKY: Senator
20 Bonacic to be recorded in the affirmative.
21 Senator Hannon to explain his vote.
22 SENATOR HANNON: Yes, thank you,
23 Mr. President.
24 This is the last bill of several
25 that we introduced in regard to the heroin task
4601
1 force.
2 I believe that the impetus to move
3 this legislation is not only the underlying
4 heroin epidemic, but the fact that it was
5 carefully and thoughtfully brought to the
6 attention of New Yorkers by Senator Phil Boyle
7 in 18 hearings that were done throughout the
8 state. It wasn't just regular hearings, but it
9 brought the communities together and it really
10 brought home to policymakers and opinion makers
11 how much we had to move.
12 So today the bill that is sponsored
13 by Senator Seward, which would enhance and
14 increase the availability of insurance coverage
15 for those seeking for overdose treatment, is a
16 very key part of this. But so too will be the
17 search for what is a cure for addiction, what is
18 a good treatment for addiction, what is
19 something likely to succeed, not likely to fail.
20 There's also other provisions in
21 here I've sponsored, but one of the most
22 important is in regard to an alternate treatment
23 program so we don't have people who are
24 experiencing acute cases going to the ER. A
25 diversion program.
4602
1 We've put money in the budget, and
2 I look to have new thinking on this, not
3 something traditional that we've had from OASAS
4 in the past. We desperately need it.
5 And finally, having sponsored many
6 years ago the naloxone bill for those with
7 emergency services, which has saved countless
8 lives, I'm calling on the Governor to sign
9 something we've already passed which would
10 expand naloxone to drug rehab groups, to parents
11 who have children who are already addicted and
12 likely to go through an overdose, because with
13 the epidemic we need that expansion.
14 But I thank you very much and urge
15 support for this legislation.
16 ACTING PRESIDENT VALESKY: Senator
17 Hannon to be recorded in the affirmative.
18 Senator Nozzolio to explain his
19 vote.
20 SENATOR NOZZOLIO: Thank you,
21 Mr. President.
22 Mr. President and my colleagues, I
23 wish to thank Senator Bonacic for his comments
24 regarding the work of the task force, a task
25 force chaired, as we all know, by Senator Boyle,
4603
1 who did such an outstanding job. Of all the
2 task forces that I've been part of through these
3 years, I say that this task force worked so
4 well.
5 Mr. President, you participated in
6 a number of the hearings. And I want to thank
7 also, across the aisle, Senator Carlucci for his
8 participation.
9 It was unlike any other task force
10 I've seen because it didn't focus on a hearing,
11 people just presenting testimony, it really
12 focused on the entire nature of the problem, the
13 problem that we see communities facing. It was
14 engaging in dialogue. Whether it was in
15 Manhattan or in Auburn or in Elmira or in
16 Western New York, it was a dialogue sensing
17 individual problems of individual communities.
18 What we found, as you heard the
19 testimony in Auburn, Mr. President, the focus
20 was not just on the larger cities of our state
21 but also how this problem has permeated into the
22 suburban areas, our rural areas, small towns --
23 no longer just an inner-city problem.
24 These legislative measures go a
25 long way in addressing the problems. We still
4604
1 need to focus on additional funds for treatment.
2 And I think that that certainly will be a focus
3 of the next legislative session as well, to see
4 how resources can be better utilized, how our
5 correctional system can be more adapted, how
6 former correctional facilities can be looked at
7 as places of treatment, not through the prison
8 system but through the OASAS system in our state
9 as well as private treatment providers.
10 Mr. President, I'm very proud of
11 the work that this Legislature is doing on this
12 problem. It is so multifaceted that these
13 legislative measures, although great first
14 initiatives, will need to have additional work
15 in the months ahead. And I certainly look
16 forward to that because the seriousness of this
17 problem are extreme.
18 Governor Cuomo said this yesterday.
19 He said the costs that are part and parcel of
20 the measures put forward pale in comparison to
21 the costs to our society because of this heroin
22 epidemic. And that we must do all we can to
23 eliminate that problem, reduce the societal
24 costs, and all of us will be better off.
25 So thank you, Mr. President. That
4605
1 it is indeed an honor to serve on this task
2 force and to work in its development of these
3 important legislative measures.
4 ACTING PRESIDENT VALESKY: Senator
5 Nozzolio to be recorded in the affirmative.
6 Senator Carlucci to explain his
7 vote.
8 SENATOR CARLUCCI: Thank you,
9 Mr. President.
10 And I too want to rise and thank my
11 colleagues for participating in this very
12 important effort, particularly to Chairman
13 Boyle, who chaired the task force, and Senator
14 Nozzolio, the cochair, and all the members that
15 participated.
16 Through the many hearings that I
17 was able to attend we heard so many different
18 stories from different people. And one of the
19 pieces of legislation that's so important were
20 addressing the insurance concerns that we heard
21 from hearing to hearing.
22 And one of the other important
23 things that we have to take into consideration
24 when we're talking about heroin and opiate
25 addiction, right now 467,000 Americans are
4606
1 addicted to heroin. And what we find is those
2 that are seeking help, that are trying to get
3 over that addiction, that they're 80 percent
4 more likely to relapse than other addicts.
5 And in this legislation that we
6 address when we talk about wraparound services
7 for people that are leaving outpatient
8 treatment, that with the wraparound that we'll
9 provide, they'll be able to have access to a
10 jobs counselor, transportation services,
11 childcare services, making sure that we treat
12 addiction for what it is, for the disease that
13 it is, and make sure that people finally can get
14 better. This is really a relapse prevention
15 program and will make sure that people are on
16 their way to a healthy life.
17 So I want to thank my colleagues
18 for working so hard on this legislation and look
19 forward to seeing some real results in making
20 sure that we get people off of this horrible
21 disease that we've seen.
22 Thank you, Mr. President.
23 ACTING PRESIDENT VALESKY: Senator
24 Carlucci to be recorded in the affirmative.
25 Senator Kennedy to explain his
4607
1 vote.
2 SENATOR KENNEDY: Thank you very
3 much, Mr. President.
4 First and foremost, I want to give
5 credit where credit's due to all of my
6 colleagues on both sides of the aisle that
7 worked so hard all across this state to bring
8 this legislation to the forefront, to bring this
9 legislation to a vote here tonight.
10 There have been so many deaths
11 attributed to heroin and to opiate addiction
12 that we must act, we must act decisively, and we
13 must act immediately. And because of the good
14 work of so many of my colleagues with the
15 parents that have suffered losses of their
16 children, community leaders, drug rehab
17 professionals that have come to the table all
18 across New York State, we're advancing
19 comprehensive legislation that will undoubtedly
20 save lives all across New York State and make
21 New York State a leader in the nation when it
22 comes to fighting this heroin epidemic and this
23 opiate epidemic.
24 Twenty-nine individuals died in
25 Erie County in 2013, an increase of 45 percent
4608
1 from just the year prior. One hundred six
2 deaths in Erie County, skyrocketing from just
3 five years earlier. Why? Because heroin is
4 becoming more and more available to those
5 individuals that are suffering from this
6 addiction. It's cheaper, it's easily
7 accessible, and we must address this problem.
8 And we're doing it here tonight.
9 I thank my colleagues again on both
10 sides of the aisle for all of their work in
11 bringing this instrumental legislation to the
12 floor and helping to save lives in New York
13 State.
14 Thank you, Mr. President. I vote
15 aye.
16 ACTING PRESIDENT VALESKY: Senator
17 Kennedy in the affirmative.
18 Senator Boyle to explain his vote.
19 SENATOR BOYLE: Thank you,
20 Mr. President, to explain my vote.
21 I'd like to thank the Majority
22 Coalition leaders, Senator Skelos and Senator
23 Klein, the Heroin Task Force members, my
24 cochairs Senator Nozzolio and Senator Carlucci,
25 and all the task force members, and all of my
4609
1 friends on both sides of the aisle, for bringing
2 us here this evening.
3 Also I'd like to give praise to the
4 Governor for his leadership on this issue, and
5 Assembly Speaker Silver for coming upon this
6 three-way agreement for a package of legislation
7 that is truly going to make a difference in
8 people's lives.
9 In the 18 forums we held around the
10 state we heard from family members, from friends
11 of those suffering from addiction, and from
12 addicts themselves. We had witnesses in the
13 hundreds of treatment providers, prevention
14 providers, and law enforcement officials.
15 This is a comprehensive package
16 which was done probably in record legislative
17 time to combat perhaps the biggest threat to
18 many of our communities today. And I want to
19 thank all of my colleagues for helping to bring
20 this about, doing it in near-unanimous fashion,
21 and to say that we know that you are suffering
22 from heroin or opioid addiction problems in your
23 communities.
24 I can say that one of the biggest
25 challenges we faced in these forums was the idea
4610
1 of stigma. So many parents said that they were
2 ashamed that their child was an addict or they
3 actually didn't believe it. Some of the
4 testimony I heard, one was the sheriff of
5 Sullivan County acknowledging that his daughter
6 was a heroin addict. One father came up to us
7 and said that all his friends told him "Your son
8 is on heroin," and he refused to believe it.
9 His son died of an overdose, and it was too
10 late.
11 It's not too late for the rest of
12 our children in New York State. It's not too
13 late for friends and families, brothers and
14 sisters, mothers and fathers. This package of
15 legislation will make a difference. We need to
16 erase the stigma. We understand that this is a
17 disease. If you need help, you can get help.
18 This legislative package is going to help you do
19 that.
20 This is not the end of the heroin
21 epidemic in New York State, but it is the
22 beginning of the end. And thank you to all of
23 my colleagues for passing this legislation
24 tonight.
25 I vote in the affirmative.
4611
1 ACTING PRESIDENT VALESKY: Senator
2 Boyle in the affirmative.
3 Senator Krueger to explain her
4 vote.
5 SENATOR KRUEGER: Well, many
6 people have spoken. I just stand to recognize
7 the work of my colleague Neil Breslin in
8 bringing these critical issues to the attention
9 of our conference first and having hearings to
10 deal with documenting the problems and ending up
11 with a series of proposals not dissimilar from
12 the bills that we are passing here today.
13 So I want to also recognize and
14 thank Senator Breslin.
15 ACTING PRESIDENT VALESKY: Senator
16 Krueger in the affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT VALESKY: The
20 bill is passed.
21 Senator Libous.
22 SENATOR LIBOUS: Mr. President, if
23 we can go back to Calendar 1618, I'd like to lay
24 that aside for the day. Originally we laid it
25 aside temporarily.
4612
1 ACTING PRESIDENT VALESKY:
2 Calendar Number 1618 will be laid aside for the
3 day.
4 Senator Libous.
5 SENATOR LIBOUS: Mr. President,
6 there will be a Finance Committee meeting at
7 6:45 in Room 332. And then when the Finance
8 Committee is complete, we'll come back and take
9 up those nominees.
10 ACTING PRESIDENT VALESKY: Meeting
11 of the Senate Finance Committee at 6:45 in
12 Room 332.
13 The Senate will stand at ease.
14 (Whereupon, the Senate stood at
15 ease at 6:35 p.m.)
16 (Whereupon, the Senate reconvened
17 at 7:42 p.m.)
18 ACTING PRESIDENT CARLUCCI: The
19 Senate will come to order.
20 Senator Libous.
21 SENATOR LIBOUS: Mr. President,
22 would you call on Senator DeFrancisco.
23 ACTING PRESIDENT CARLUCCI:
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: I believe
4613
1 there's a report of the Finance Committee at the
2 desk. May we have it read.
3 ACTING PRESIDENT CARLUCCI: The
4 Secretary will read.
5 THE SECRETARY: Senator
6 DeFrancisco, from the Committee on Finance,
7 reports the following nominations.
8 As member and chair of the
9 Industrial Board of Appeals: Vilda Mayuga, of
10 New York.
11 As director of the New York City
12 Convention Center Operating Corporation: Gary
13 Lavine, of Fayetteville.
14 As member of the New York State
15 Olympic Regional Development Authority: Joseph
16 Vernon Lamb III, of Lake Placid.
17 As member of the State Park,
18 Recreation and Historic Preservation Commission
19 for the City of New York: Lata N. Reddy, of
20 New York.
21 As members of the Central New York
22 Developmental Disabilities Services Office Board
23 of Visitors: Laura Kiefer, of Little Falls; Jan
24 A. Klesse, of New Hartford; and Carol K. Neveu,
25 of Oneida.
4614
1 As members of the Public Health and
2 Health Planning Council: Jo Ivey Boufford,
3 M.D., of New York, and Carla Boutin-Foster,
4 M.D., of Brooklyn.
5 As members of the State Board of
6 Real Property Tax Services: Judith A.
7 Dagostino, of Schenectady, and Eugenio (Gene)
8 Martinez, of New York.
9 ACTING PRESIDENT CARLUCCI:
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: I would like
12 to move each of the nominees as read.
13 ACTING PRESIDENT CARLUCCI: The
14 question is on the nomination of the nominees
15 read by the Secretary of the Senate. All in
16 favor signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT CARLUCCI:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT CARLUCCI: The
22 nominees are confirmed.
23 SENATOR DeFRANCISCO: Thank you.
24 ACTING PRESIDENT CARLUCCI:
25 Senator Libous.
4615
1 SENATOR LIBOUS: The Senate will
2 stand at ease.
3 ACTING PRESIDENT CARLUCCI: The
4 Senate will stand at ease.
5 (Whereupon, the Senate stood at
6 ease at 7:44 p.m.)
7 (Whereupon, the Senate reconvened
8 at 9:34 p.m.)
9 SENATOR LIBOUS: Mr. President.
10 ACTING PRESIDENT CARLUCCI: The
11 Senate will come to order.
12 SENATOR LIBOUS: There will be an
13 immediate meeting of the Rules Committee in
14 Room 332.
15 ACTING PRESIDENT CARLUCCI: There
16 will be an immediate meeting of the
17 Rules Committee in Room 332.
18 The Senate will stand at ease.
19 (Whereupon, the Senate stood at
20 ease at 9:35 p.m.)
21 (Whereupon, the Senate reconvened
22 at 10:05 p.m.)
23 ACTING PRESIDENT VALESKY: The
24 Senate will come to order.
25 Senator Hannon.
4616
1 SENATOR HANNON: Mr. President, we
2 have to make sure we have the calendars out so
3 we can accept the Rules report.
4 (Pause.)
5 SENATOR HANNON: Mr. President.
6 ACTING PRESIDENT VALESKY: Senator
7 Hannon.
8 SENATOR HANNON: If there is a
9 report of the Rules Committee at the desk, I'd
10 ask that the Rules Committee report be read.
11 And there may be another supplemental Rules
12 Committee report after that.
13 ACTING PRESIDENT VALESKY: There
14 is a report of the Rules Committee at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Skelos,
17 from the Committee on Rules, reports the
18 following bills:
19 Senate Print 3633A, by Senator
20 Golden, an act to amend the Public Authorities
21 Law;
22 Senate 4830A, by Senator Savino, an
23 act to amend the Social Services Law;
24 Senate 6880A, by Senator Ritchie,
25 an act to amend the Agriculture and Markets Law;
4617
1 Senate 7028B, by Senator Klein, an
2 act to amend the Transportation Law;
3 Senate 7145, by Senator Young, an
4 act in relation to redistributing;
5 Senate 7200, by Senator Gallivan,
6 an act to amend the Tax Law;
7 Senate 7314, by Senator
8 Hassell-Thompson, an act to amend the Executive
9 Law;
10 Senate 7685, by Senator Skelos, an
11 act to authorize;
12 Senate 7756, by Senator Golden, an
13 act to amend the Retirement and Social Security
14 Law;
15 Senate 7757, by Senator Golden, an
16 act to amend the Retirement and Social Security
17 Law;
18 Senate 7813A, by Senator
19 Marcellino, an act to amend the Alcoholic
20 Beverage Control Law;
21 Senate 7816, by Senator Farley, an
22 act to amend the Uniform Commercial Code;
23 Senate 7817, by the Committee on
24 Rules, an act to amend Part A of Chapter 56 of
25 the Laws of 2014;
4618
1 Senate 7824, by Senator Seward, an
2 act to amend the Highway Law;
3 Senate 7837, by Senator Squadron,
4 an act to amend the Alcoholic Beverage Control
5 Law;
6 Senate 7846, by Senator Libous, an
7 act to amend the General Business Law;
8 Senate 7890, by Senator Lanza, an
9 act to amend the Environmental Conservation Law;
10 And Senate 7892, by Senator Klein,
11 an act to amend the Vehicle and Traffic Law;
12 All bills reported direct to third
13 reading.
14 ACTING PRESIDENT VALESKY: All in
15 favor of accepting the report of the Rules
16 Committee signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT VALESKY:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT VALESKY: The
22 report of the Rules Committee is accepted.
23 Senator Hannon.
24 SENATOR HANNON: If we could just
25 stand at ease for a few moments, Mr. President.
4619
1 ACTING PRESIDENT VALESKY: The
2 Senate will stand at ease temporarily.
3 (Whereupon, the Senate stood at
4 ease at 10:08 p.m.)
5 (Whereupon, the Senate reconvened
6 at 10:12 p.m.)
7 ACTING PRESIDENT VALESKY: Senator
8 Hannon.
9 SENATOR HANNON: Mr. President, I
10 believe on the desks for everybody is the bills
11 for the supplemental calendar.
12 I would ask that that Rules report
13 be read by the clerk.
14 ACTING PRESIDENT VALESKY: The
15 Secretary will read.
16 THE SECRETARY: Senator Skelos,
17 from the Committee on Rules, reports the
18 following bills:
19 Senate Print 7921, by
20 Senator Flanagan, an act relating to temporary
21 provisions;
22 And Senate 7923, by Senator Savino,
23 an act to amend the Public Health Law.
24 Both bills reported direct to third
25 reading.
4620
1 ACTING PRESIDENT VALESKY: Senator
2 Hannon.
3 SENATOR HANNON: Mr. President, I
4 now move to accept the report of the
5 Rules Committee.
6 ACTING PRESIDENT VALESKY: All in
7 favor of accepting the report of the Rules
8 Committee signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT VALESKY:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT VALESKY: The
14 report of the Rules Committee is accepted.
15 SENATOR HANNON: Mr. President,
16 would you call on Senator Gianaris.
17 ACTING PRESIDENT VALESKY: Senator
18 Gianaris.
19 SENATOR GIANARIS: Thank you,
20 Mr. President.
21 On behalf of Senator Serrano, there
22 will be an immediate meeting of the Democratic
23 Conference in the Democratic Conference Room.
24 ACTING PRESIDENT VALESKY:
25 There's an immediate meeting of the Senate
4621
1 Democratic Conference Room in the Democratic
2 Conference Room.
3 Senator Hannon.
4 SENATOR HANNON: And there will be
5 an immediate meeting of the Republican
6 Conference in the Republican Conference Room.
7 ACTING PRESIDENT VALESKY:
8 Immediate meeting of the Republican Conference
9 in the Republican Conference Room.
10 The Senate will stand at ease.
11 SENATOR HANNON: Thank you.
12 (Whereupon, the Senate stood at
13 ease at 10:13 p.m.)
14 (Whereupon, the Senate reconvened
15 at 11:57 p.m.)
16 ACTING PRESIDENT VALESKY: The
17 Senate will come to order.
18 Senator Hannon.
19 SENATOR HANNON: Mr. President,
20 before we proceed with other matters --
21 calendars and bills -- we need to make a motion
22 to continue the session for the day past
23 midnight, pursuant to the rules of the Senate.
24 ACTING PRESIDENT VALESKY: All in
25 favor of continuing Thursday's session indicate
4622
1 by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT VALESKY:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT VALESKY: Senator
7 LaValle, why do you rise?
8 SENATOR LaVALLE: I wanted to
9 speak on the motion.
10 ACTING PRESIDENT VALESKY: Senator
11 LaValle on the motion.
12 SENATOR LaVALLE: Thank you.
13 I'm going to support the motion on
14 the basis of what I believe the time period is.
15 The rules of this house were set in place
16 because what we call the Tully Rule, who passed
17 away in the belief that working late into the
18 night led to his death.
19 But my understanding is that we're
20 coming back at a later time today to finish our
21 work and that the schedule is limited, so I'm
22 supporting this motion on that belief.
23 ACTING PRESIDENT VALESKY: Thank
24 you, Senator LaValle.
25 The question was called on the
4623
1 motion. The motion carries.
2 Senator Hannon.
3 SENATOR HANNON: Thank you,
4 Mr. President.
5 In order to accommodate the
6 different schedules of the two houses, we're
7 going to ask before we take up bills that we
8 deal with some Assembly hand-downs. Now, these
9 hand-downs are three bills, and each of them
10 have been placed on the members' desks.
11 And I believe people are familiar
12 with them, and I'd ask that the clerk read them.
13 ACTING PRESIDENT VALESKY:
14 Returning to messages from the Assembly, the
15 Secretary will read.
16 THE SECRETARY: The Assembly sent
17 for concurrence the following bill. On motion
18 by Senator Skelos and Senator Klein, the rules
19 were suspended and said bill ordered to third
20 reading: Assembly Bill Number 8097.
21 The Assembly sent for concurrence
22 the following bill. On motion by Senator Skelos
23 and Senator Klein, the rules were suspended and
24 said bill ordered to a third reading: Assembly
25 Bill Number 8821A.
4624
1 The Assembly sent for concurrence
2 the following bill. On motion by Senator Skelos
3 and Senator Klein, the rules were suspended and
4 said bill ordered to third reading: Assembly
5 Bill Number 9217B.
6 ACTING PRESIDENT VALESKY: So
7 ordered.
8 Senator Hannon.
9 SENATOR HANNON: Mr. President,
10 could we now have a noncontroversial reading of
11 those hand-down bills by the clerk.
12 ACTING PRESIDENT VALESKY: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 1660, by Member of the Assembly Hooper, Assembly
16 Print 8097, an act to amend the General
17 Municipal Law.
18 ACTING PRESIDENT VALESKY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT VALESKY: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: In relation to
4625
1 Calendar 1660, those recorded in the negative
2 are Senators Ball, Flanagan, Krueger, Marcellino
3 and Martins.
4 (Pause.)
5 THE SECRETARY: In relation to
6 Calendar 1660, those recorded in the negative
7 are Senators Ball, Boyle, DeFrancisco, Felder,
8 Flanagan, Griffo, Krueger, Marcellino, Martins
9 and Zeldin.
10 (Pause.)
11 THE SECRETARY: In relation to
12 Calendar 1660, those recorded in the negative
13 are Senators Ball, Boyle, DeFrancisco, Felder,
14 Flanagan, Griffo, Krueger, Larkin, Marcellino,
15 Marchione, Martins, Nozzolio, O'Mara,
16 Ranzenhofer and Zeldin. Also Senator Bonacic.
17 Ayes, 44. Nays, 16.
18 ACTING PRESIDENT VALESKY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1661, by Member of the Assembly Hooper,
22 Assembly Print Number 8821A, an act to
23 authorize.
24 ACTING PRESIDENT VALESKY: Read
25 the last section.
4626
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT VALESKY: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: In relation to
7 Calendar 1661, those recorded in the negative
8 are Senators Ball, Boyle, Flanagan, Marcellino,
9 Martins and Zeldin.
10 Ayes, 54. Nays, 6.
11 ACTING PRESIDENT VALESKY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1662, by Member of the Assembly Aubry, Assembly
15 Print 9217B, an act to amend Chapter 164 of the
16 Laws of 1907.
17 ACTING PRESIDENT VALESKY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT VALESKY: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT VALESKY: Senator
25 Gianaris to explain his vote.
4627
1 SENATOR GIANARIS: Thank you,
2 Mr. President.
3 This important legislation responds
4 to a particular crisis we had in the Queens
5 Library system recently where there was a
6 problem with the president of the Queens Library
7 and the accountability of the board in general.
8 This bill will impose new audit
9 requirements, tough conflict-of-interest laws,
10 and restrictions on outside income that will go
11 a long way towards improving things and
12 preventing similar controversies and scandals in
13 the future.
14 I want to thank a lot of people who
15 were involved in this -- the borough president
16 of Queens and Assemblyman Aubry most notably,
17 but also all of my colleagues from Queens in
18 this body, particularly Senator Avella, who put
19 in a tremendous amount of work on this himself.
20 And I'm glad we were able to come to terms on an
21 agreeable solution that will put the interests
22 of the library system and the people of Queens
23 first.
24 Thank you.
25 ACTING PRESIDENT VALESKY: Senator
4628
1 Gianaris to be recorded in the affirmative.
2 Senator Avella to explain his vote.
3 SENATOR AVELLA: Thank you,
4 Mr. President.
5 And I want to thank Senator
6 Gianaris for his comments.
7 This is a very important bill in
8 terms of reforming the Queens Borough Public
9 Library. I'm happy that we were able to work
10 with Assemblyman Aubry and put in more strict
11 regulations.
12 And we will be coming back to this
13 piece of legislation in next session to put in
14 even stronger regulations to make sure that the
15 Queens Borough Public Library, which receives
16 90 percent of its money from city, state and
17 federal grants, works for the betterment of the
18 people and not itself.
19 I urge my colleagues to vote in
20 favor of this.
21 Thank you, Mr. President.
22 ACTING PRESIDENT VALESKY: Senator
23 Avella in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 59. Nays,
4629
1 1. Senator Ball recorded in the negative.
2 ACTING PRESIDENT VALESKY: The
3 bill is passed.
4 Senator Hannon, that completes
5 action on the Assembly hand-downs.
6 SENATOR HANNON: Yes,
7 Mr. President. I'd ask if we could move to
8 Senate Supplemental Calendar 53B and have the
9 clerk read it on a consent basis.
10 ACTING PRESIDENT VALESKY: The
11 Secretary will read Senate Supplemental
12 Calendar 53B.
13 THE SECRETARY: Calendar Number
14 1601, by Senator Golden, Senate Print 3633A, an
15 act to amend the Public Authorities Law.
16 ACTING PRESIDENT VALESKY: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT VALESKY: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT VALESKY: Senator
24 DeFrancisco to explain his vote.
25 SENATOR DeFRANCISCO: Yes, I'm
4630
1 going to vote no.
2 I understand that it's a good thing
3 to help the Metropolitan Transportation
4 Authority save money for the benefit of its
5 consumers and its travelers, but there are other
6 authorities that also issue bonds. And one that
7 comes to mind that services upstate New York is
8 the Thruway Authority. And I understand there
9 may be other bills like this coming up very soon
10 for specific authorities.
11 I just think if you're going to
12 waive the fees for one, it should be across the
13 board and the fees on these bonds should be
14 waived for all. So I vote no on that basis.
15 ACTING PRESIDENT VALESKY: Senator
16 DeFrancisco in the negative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar 1601, those recorded in the negative
20 are Senators Ball, DeFrancisco, Gipson and
21 Marchione. Also Senator Bonacic.
22 Ayes, 55. Nays, 5.
23 ACTING PRESIDENT VALESKY: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
4631
1 1615, by Senator Savino, Senate Print 4830A, an
2 act to amend the Social Services Law.
3 ACTING PRESIDENT VALESKY: Read
4 the last section.
5 THE SECRETARY: Section 5. This
6 act shall take effect immediately.
7 ACTING PRESIDENT VALESKY: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55. Nays,
11 5. Senators Ball, Gipson, O'Brien, Tkaczyk and
12 Zeldin recorded in the negative.
13 ACTING PRESIDENT VALESKY: The
14 bill is passed.
15 THE SECRETARY: Senator Ritchie
16 moves to discharge, from the Committee on Rules,
17 Assembly Bill Number 9288A and substitute it for
18 the identical Senate Bill Number 6880A, Third
19 Reading Calendar 1623.
20 ACTING PRESIDENT VALESKY:
21 Substitution ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1623, by Member of the Assembly Magee, Assembly
25 Print Number 9288A, an act to amend the
4632
1 Agriculture and Markets Law.
2 ACTING PRESIDENT VALESKY: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the first of April.
6 ACTING PRESIDENT VALESKY: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT VALESKY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1626, by Senator Klein, Senate Print 7028B, an
14 act to amend the Transportation Law.
15 ACTING PRESIDENT VALESKY: Read
16 the last section.
17 THE SECRETARY: Section 7. This
18 act shall take effect on the first of January.
19 ACTING PRESIDENT VALESKY: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT VALESKY: Senator
23 Klein to explain his vote.
24 SENATOR KLEIN: Thank you,
25 Mr. President.
4633
1 This legislation comes about,
2 unfortunately, through a number of tragedies and
3 potential tragedies that have taken place around
4 New York over the last several years. This is
5 the whole issue of party buses.
6 While a lot of these buses have
7 very benign intent, unfortunately over the last
8 couple of years teenagers are using these buses
9 for no other reason than to break the law and to
10 drink illegally. I think everyone probably
11 heard out on Long Island, in Southampton,
12 40 high schoolers were found in various levels
13 of intoxication after police were called to
14 respond after a bus was forced off the road and
15 destroyed by the teenagers on board.
16 Two years ago a 16-year-old from
17 Woodside, Queens, was not so fortunate when he
18 was killed on board a double-decker party bus
19 when he stuck out his head out of a safety hatch
20 which wasn't locked.
21 Before we have any more of these
22 tragedies, I think we have to do some strict
23 regulation of these party buses. Like I said
24 before, in some cases there isn't any problem,
25 but unfortunately a lot of times these buses are
4634
1 used really for an excuse of underage drinking.
2 This legislation is rather simple,
3 but I think it will go a long way towards
4 protecting individuals when they actually
5 contract out for one these party buses.
6 What we need to do first is make
7 sure that a driver is alerted when any emergency
8 exit has been opened without authorization. In
9 many cases the only adult on board these buses
10 is actually the driver. So if he's actually
11 driving the bus, he or she, there's no way of
12 telling if a door is opened, a hatch is opened
13 or anything else. So this would require a
14 warning system as well as red lights and sound
15 alert for the driver.
16 Second, and probably most
17 important, it would require supervision for any
18 group of passengers under the age of 21. There
19 would be two options: A parent or adult over 21
20 would have to be on one of these buses if
21 there's minors on board, or they can actually
22 get an adult chaperone, which would be provided
23 by the bus company. Right now that is not a
24 requirement, and that's why we run into all
25 sorts of problems.
4635
1 This legislation I think is long
2 overdue, and I think it's going to go a long way
3 to ensure that we're not banning these party
4 buses but, when they are contracted out, they're
5 safe and secure and don't cause any more
6 additional problems or, God forbid, taking any
7 more lives.
8 So, Mr. President, I of course vote
9 yes on this legislation.
10 ACTING PRESIDENT VALESKY: Senator
11 Klein in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar 1626, those recorded in the negative
15 are Senators Ball, Little, Marchione and Zeldin.
16 Ayes, 56. Nays, 4.
17 ACTING PRESIDENT VALESKY: The
18 bill is passed.
19 THE SECRETARY: Senator Young
20 moves to discharge, from the Committee on
21 Finance, Assembly Bill Number 9033 and
22 substitute it for the identical Senate Bill
23 Number 7145, Third Reading Calendar 1644.
24 ACTING PRESIDENT VALESKY:
25 Substitution ordered.
4636
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1644, by Member of the Assembly Magnarelli,
4 Assembly Print Number 9033, an act in relation
5 to redistributing.
6 ACTING PRESIDENT VALESKY: Read
7 the last section.
8 THE SECRETARY: Section 18. This
9 act shall take effect immediately.
10 ACTING PRESIDENT VALESKY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59. Nays,
14 1. Senator Ball recorded in the negative.
15 ACTING PRESIDENT VALESKY: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1645, by Senator Gallivan, Senate Print 7200, an
19 act to amend the Tax Law.
20 ACTING PRESIDENT VALESKY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect July 1, 2014.
24 ACTING PRESIDENT VALESKY: Call
25 the roll.
4637
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT VALESKY: The
4 bill is passed.
5 THE SECRETARY: Senator
6 Hassell-Thompson moves to discharge, from the
7 Committee on Rules, Assembly Bill Number 9668
8 and substitute it for the identical Senate Bill
9 Number 7314, Third Reading Calendar 1646.
10 ACTING PRESIDENT VALESKY:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1646, by Member of the Assembly Rodriguez,
15 Assembly Print 9668, an act to amend the
16 Executive Law.
17 ACTING PRESIDENT VALESKY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT VALESKY: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59. Nays,
25 1. Senator Ball recorded in the negative.
4638
1 ACTING PRESIDENT VALESKY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1647, by Senator Skelos, Senate Print 7685, an
5 act to authorize.
6 ACTING PRESIDENT VALESKY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT VALESKY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57. Nays,
14 3. Senators Bonacic, Larkin and O'Mara recorded
15 in the negative.
16 ACTING PRESIDENT VALESKY: The
17 bill is passed.
18 THE SECRETARY: Senator Golden
19 moves to discharge, from the Committee on Rules,
20 Assembly Bill Number 9952 and substitute it for
21 the identical Senate Bill Number 7756,
22 Third Reading Calendar 1648.
23 ACTING PRESIDENT VALESKY:
24 Substitution ordered.
25 The Secretary will read.
4639
1 THE SECRETARY: Calendar Number
2 1648, by the Assembly Committee on Rules,
3 Assembly Print 9952, an act to amend the
4 Retirement and Social Security Law.
5 ACTING PRESIDENT VALESKY: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT VALESKY: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT VALESKY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1649, by Senator Golden, Senate Print 7757, an
17 act to amend the Retirement and Social Security
18 Law.
19 ACTING PRESIDENT VALESKY: Read
20 the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT VALESKY: Call
24 the roll.
25 (The Secretary called the roll.)
4640
1 THE SECRETARY: Ayes, 59. Nays,
2 1. Senator Little recorded in the negative.
3 ACTING PRESIDENT VALESKY: The
4 bill is passed.
5 THE SECRETARY: Senator Marcellino
6 moves to discharge, from the Committee on Rules,
7 Assembly Bill Number 10122 and substitute it for
8 the identical Senate Bill Number 7813A,
9 Third Reading Calendar 1650.
10 ACTING PRESIDENT VALESKY:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1650, by the Assembly Committee on Rules,
15 Assembly Bill 10122, an act to amend the
16 Alcoholic Beverage Control Law.
17 ACTING PRESIDENT VALESKY: Read
18 the last section.
19 THE SECRETARY: Section 26. This
20 act shall take effect on the 30th day.
21 ACTING PRESIDENT VALESKY: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT VALESKY: The
4641
1 bill is passed.
2 THE SECRETARY: Senator Farley
3 moves to discharge, from the Committee on Rules,
4 Assembly Bill Number 9933 and substitute it for
5 the identical Senate Bill Number 7816, Third
6 Reading Calendar 1651.
7 ACTING PRESIDENT VALESKY:
8 Substitution ordered.
9 THE SECRETARY: Calendar Number
10 1651, by the Assembly Committee on Rules,
11 Assembly Bill 9933, an act to amend the
12 Uniform Commercial Code.
13 ACTING PRESIDENT VALESKY: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT VALESKY: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT VALESKY: Senator
21 Farley to explain his vote.
22 SENATOR FARLEY: Thank you,
23 Mr. President.
24 My colleagues, this is a very
25 significant bill, one that has been long overdue
4642
1 in coming, where New York has been infamous for
2 being the un-Uniform Commercial Code state. And
3 this would modernize three articles of the
4 Uniform Commercial Code, and it would bring
5 New York into compliance with most of the other
6 states in the nation.
7 This bill passed the Assembly
8 unanimously. And let me pay tribute to the
9 New York City Bar Association, because they've
10 been the impetus to really make this happen.
11 And historically, New York has been
12 a leading state for commercial law, and this
13 statute generates economic activity and
14 employment in this state. I've taught in the
15 commercial law for several decades, and it was
16 always embarrassing how different we were with
17 the rest of the nation. We've fallen
18 significantly behind other states in modernizing
19 our commercial code, and it places New York at
20 risk as being a less desirable place for
21 commercial transactions.
22 Actually, this legislation will
23 facilitate commerce, ease transactions, and
24 enactment of these provisions and amendments
25 will make commercial transactions more
4643
1 predictable and will bring New York law into
2 accord with almost every other state. And I
3 urge my colleagues to support this legislation.
4 Thank you very much.
5 ACTING PRESIDENT VALESKY: Senator
6 Farley in the affirmative.
7 Senator DeFrancisco to explain his
8 vote.
9 SENATOR DeFRANCISCO: Yes, I want
10 to agree with and congratulate Senator Farley.
11 You know, it seems in this day and
12 age there's an "issue of the day" every other
13 day. This has been a issue of decades where
14 we've been out of whack with the commercial code
15 of every other state in the Union. And we're
16 supposed to be the commercial giant.
17 We've got one little problem,
18 however. We still have Article 2 that hasn't
19 been conformed to the rest of the states. Don't
20 know quite why. Hopefully we won't have to wait
21 another three decades to address an issue that's
22 so important to people conducting commercial
23 transactions in the state.
24 I vote aye.
25 ACTING PRESIDENT VALESKY: Senator
4644
1 DeFrancisco in the affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT VALESKY: The
5 bill is passed.
6 THE SECRETARY: Senator Skelos
7 moves to discharge, from the Committee on Rules,
8 Assembly Bill Number 10069 and substitute it for
9 the identical Senate Bill Number 7817, Third
10 Reading Calendar 1652.
11 ACTING PRESIDENT VALESKY:
12 Substitution ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1652, by the Assembly Committee on Rules,
16 Assembly Bill 10069, an act to amend Part A of
17 Chapter 56 of the Laws of 2014.
18 ACTING PRESIDENT VALESKY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT VALESKY: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
4645
1 ACTING PRESIDENT VALESKY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1653, by Senator Seward, Senate Print 7824, an
5 act to amend the Highway Law.
6 ACTING PRESIDENT VALESKY: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT VALESKY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT VALESKY: The
15 bill is passed.
16 THE SECRETARY: Senator Squadron
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 10094 and substitute it for
19 the identical Senate Bill Number 7837, Third
20 Reading Calendar 1654.
21 ACTING PRESIDENT VALESKY:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1654, by the Assembly Committee on Rules,
4646
1 Assembly Print Number 10094, an act to amend the
2 Alcoholic Beverage Control Law.
3 ACTING PRESIDENT VALESKY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT VALESKY: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT VALESKY: The
12 bill is passed.
13 THE SECRETARY: Senator Libous
14 moves to discharge, from the Committee on Rules,
15 Assembly Bill Number 4735A and substitute it for
16 the identical Senate Bill Number 7846, Third
17 Reading Calendar 1655.
18 ACTING PRESIDENT VALESKY:
19 Substitution ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1655, by Member of the Assembly Perry,
23 Assembly Print 4735A, an act to amend the
24 General Business Law.
25 ACTING PRESIDENT VALESKY: Read
4647
1 the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT VALESKY: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59. Nays,
8 1. Senator Ball recorded in the negative.
9 ACTING PRESIDENT VALESKY: The
10 bill is passed.
11 THE SECRETARY: Senator Lanza
12 moves to discharge, from the Committee on Rules,
13 Assembly Bill Number 10143 and substitute it for
14 the identical Senate Bill Number 7890, Third
15 Reading Calendar 1656.
16 ACTING PRESIDENT VALESKY:
17 Substitution ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1656, by the Assembly Committee on Rules,
21 Assembly Print 10143, an act to amend the
22 Environmental Conservation Law.
23 ACTING PRESIDENT VALESKY: Read
24 the last section.
25 THE SECRETARY: Section 2. This
4648
1 act shall take effect immediately.
2 ACTING PRESIDENT VALESKY: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT VALESKY: Senator
6 Krueger to explain her vote.
7 SENATOR KRUEGER: Thank you,
8 Mr. President.
9 I rise to thank Senator Lanza for
10 the bill and to highlight that there also,
11 hopefully tomorrow, will be a chapter amendment
12 brought to us that I worked on with Senator
13 Lanza. It has been given to us with a message
14 of necessity.
15 Just to clarify, all this chapter
16 amendment would do -- but it's very important
17 that we do that as well -- is include several
18 museums who were accidentally left out of this
19 bill because they are chartered by the
20 Legislature rather than the Regents.
21 So we will complete our assignment
22 for this piece of legislation tomorrow. But I'm
23 very glad to see the house passing it.
24 Thank you, Mr. President.
25 ACTING PRESIDENT VALESKY: Senator
4649
1 Krueger in the affirmative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar 1656, those recorded in the negative
5 are Senators Ball, Farley, Gallivan, Griffo,
6 Larkin, Little, Maziarz, O'Mara, Ranzenhofer,
7 Ritchie, Seward, Young and Zeldin. Also
8 Senator Nozzolio. Also Senator Bonacic.
9 ACTING PRESIDENT VALESKY: Senator
10 Ball to explain his vote.
11 SENATOR BALL: Just really quick,
12 just to clarify.
13 I also want to thank Senator Lanza
14 for his efforts. There were certain concerns
15 raised by the National Rifle Association.
16 Just really quickly, just to read,
17 ivory is commonly found in homes and businesses
18 throughout New York State. It's used in art,
19 furniture, musical instruments, jewelry, as well
20 inlays. Without the ability to legally transfer
21 these items, they'd be essentially valueless.
22 There are a few other points. My
23 hope was that we could have worked out these
24 measures a little bit earlier.
25 And I certainly support the
4650
1 conservation efforts and understand the problem,
2 but because of the technical complications in
3 the bill, I won't be able to support it.
4 Thanks.
5 ACTING PRESIDENT VALESKY: Senator
6 Ball to be recorded in the negative.
7 Reannounce the results.
8 THE SECRETARY: In relation to
9 Calendar 1656, those recorded in the negative
10 are Senators Ball, Bonacic, Farley, Gallivan,
11 Griffo, Larkin, Libous, Little, Marchione,
12 Maziarz, Nozzolio, O'Mara, Ranzenhofer, Ritchie,
13 Seward, Young and Zeldin.
14 Ayes, 43. Nays, 17.
15 ACTING PRESIDENT VALESKY: The
16 bill is passed.
17 THE SECRETARY: Senator Klein
18 moves to discharge, from the Committee on
19 Transportation, Assembly Bill Number 10144 and
20 substitute it for the identical Senate Bill
21 Number 7892, Third Reading Calendar 1657.
22 ACTING PRESIDENT VALESKY:
23 Substitution ordered.
24 There is a home-rule message at the
25 desk.
4651
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1657, by the Assembly Committee on Rules,
4 Assembly Print 10144, an act to amend the
5 Vehicle and Traffic Law.
6 ACTING PRESIDENT VALESKY: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the 90th day.
10 ACTING PRESIDENT VALESKY: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT VALESKY: Senator
14 Klein to explain his vote.
15 SENATOR KLEIN: Thank you,
16 Mr. President.
17 This bill will make sure that the
18 City of New York streets are safer by allowing
19 the City Department of Transportation to reduce
20 the speed limit to 25 miles per hour on all
21 roadways where no signs are posted or where it's
22 currently 30 miles an hour. This is part of the
23 mayor of the City of New York's Vision Zero
24 plan.
25 Many of you probably know that last
4652
1 year there was a pilot program by then-Mayor
2 Bloomberg that did 20 speed cameras around
3 schools. This year, as a part of the budget, we
4 added another 120 speed cameras around schools,
5 so now we have 140 within the City of New York.
6 The overall plan is to reduce
7 traffic fatalities in the City of New York,
8 which unfortunately are on the rise. Statistics
9 show that lowering the speed limit to 25 miles
10 per hour dramatically reduces the chance of a
11 pedestrian car-related fatality to one in 10.
12 This builds on the work we did
13 earlier, as I said, on the speed cameras. And I
14 think overall this is a comprehensive approach
15 we're now taking to really make our streets
16 safer in the City of New York.
17 One of the issues that I got
18 involved to I think strengthen this legislation
19 was to make sure we have community input.
20 Originally the bill was silent on community
21 boards having any type of input in the City of
22 New York. As many of you may know, community
23 boards around the City of New York play a very
24 important role in advising the Department of
25 Transportation in many cases on what is the best
4653
1 way to make sure that traffic fatalities or the
2 roadways within their community boards are
3 safer.
4 So I think, all in all, by giving
5 the community boards input in really telling the
6 Department of Transportation how we can best
7 make individual streets safer, I think is a very
8 important approach that I'm glad we're now
9 taking.
10 The bottom line, my colleagues, is
11 that our streets shouldn't be considered
12 raceways by New York drivers, and I think this
13 bill makes sure that our pedestrians have an
14 added layer of protection.
15 I vote yes, Mr. President.
16 ACTING PRESIDENT VALESKY: Senator
17 Klein in the affirmative.
18 Senator Dilan to explain his vote.
19 SENATOR DILAN: Yes,
20 Mr. President. I rise also in support of this
21 piece of legislation.
22 As many of you may know, I have
23 similar legislation before this body. However,
24 this piece of legislation does accomplish the
25 same goal by saving lives by authorizing the
4654
1 City of New York to reduce the speed limit in
2 the City of New York on designated roads to
3 25 miles per hour.
4 Many of the victims' families have
5 also supported this piece of legislation, as
6 well as the City of New York and many
7 transportation advocates.
8 So in that sense, since it does
9 accomplish the same, and I've had many victims
10 within my Senate district, for those reasons I
11 support this piece of legislation.
12 Thank you.
13 ACTING PRESIDENT VALESKY: Senator
14 Dilan in the affirmative.
15 Senator Hoylman to explain his
16 vote.
17 SENATOR HOYLMAN: Thank you,
18 Mr. President.
19 I rise also to support this bill,
20 thanking my colleagues Senator Klein, Senator
21 Dilan, Senator Lanza for moving this bill.
22 There were a number of important
23 players on this floor. But as Senator Dilan has
24 pointed out, the activists who have fought for
25 this legislation for the last several months
4655
1 deserve our highest praise.
2 I wanted to mention in particular
3 the Cohen/Eckstein family, who lost their son,
4 Sammy Cohen Eckstein, a couple of months before
5 his bar mitzvah. They have turned a tragedy
6 into activism. They have done a terrific job in
7 making this issue at the forefront of our minds,
8 for the reason that the leading cause of
9 injury-related deaths for children under 14 are
10 car crashes.
11 And to be clear, Mr. President,
12 there are no such things as car accidents. They
13 are car crashes. And by lowering the speed
14 limit, we will reduce them. I in my district
15 have the most dangerous intersection, according
16 to statistics, at 57th Street and Eighth Avenue.
17 So this is a welcome bill, and it will be a
18 welcome law.
19 So thank you, Senators, for your
20 support. And I vote aye.
21 ACTING PRESIDENT VALESKY: Senator
22 Hoylman in the affirmative.
23 Senator Squadron to explain his
24 vote.
25 SENATOR SQUADRON: Thank you very
4656
1 much.
2 And I'd like to join in
3 congratulating my colleagues, thanking Senator
4 Dilan for his work, congratulating Senator Klein
5 and Senator Lanza for moving this bill.
6 A couple more statistics, and these
7 hit home, as the father of two young children in
8 the city. In addition to being the number-one
9 cause of injury-related death, at 40 miles an
10 hour a car is 98 percent likely to cause a
11 fatality, as opposed to the 10 percent that
12 Senator Klein cited previously.
13 There are 70 deaths a year that
14 they believe will be prevented by this bill.
15 That's 70 deaths a year, 70 people whose lives
16 will likely be saved.
17 And for those who wonder whether
18 it's going to make congestion worse, the average
19 car trip in New York City is about 3 miles,
20 which means this will increase the average car
21 trip by about a minute if people comply with the
22 law. And it will mean many fewer people are in
23 that really fatal speed between 30 and 40 miles
24 an hour. Which means all of us who use the
25 streets, all of us whose hearts jump a little
4657
1 bit when we grab onto our child's hand to take
2 them to school or to the subway, will feel a
3 little bit safer.
4 So I thank Mayor de Blasio for
5 making this a top priority, and my colleagues in
6 on both sides of the aisle in both houses for
7 allowing this vote.
8 I vote aye, Mr. President.
9 ACTING PRESIDENT VALESKY: Senator
10 Squadron in the affirmative.
11 Senator Stavisky to explain her
12 vote.
13 SENATOR STAVISKY: Thank you,
14 Mr. President.
15 I too rise to pay tribute to a
16 little girl, Allison Liao, who was killed on the
17 streets of Flushing on her way home from school
18 with her grandmother. But Amy Tam and Hsi-Pei
19 Liao turned a tragedy into less of a tragedy,
20 founding a group called Families for Safe
21 Streets. And it's through their efforts that we
22 have highlighted the need for traffic safety.
23 And I vote aye. Thank you.
24 ACTING PRESIDENT VALESKY: Senator
25 Stavisky in the affirmative.
4658
1 Announce the results.
2 THE SECRETARY: Ayes, 58. Nays,
3 2. Senators Ball and Zeldin recorded in the
4 negative.
5 ACTING PRESIDENT VALESKY: The
6 bill is passed.
7 Senator Hannon, that completes the
8 noncontroversial reading of Senate Supplemental
9 Calendar 53B.
10 SENATOR HANNON: Mr. President,
11 could we go to the calendar and take up Calendar
12 Number 1581, by Senator Klein.
13 ACTING PRESIDENT VALESKY: The
14 Secretary will read, from the supplemental
15 active list, Calendar 1581.
16 THE SECRETARY: Calendar Number
17 1581, by Senator Klein, Senate Print 7868, an
18 act to amend the Executive Law.
19 ACTING PRESIDENT VALESKY: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the first of July.
23 ACTING PRESIDENT VALESKY: Call
24 the roll.
25 (The Secretary called the roll.)
4659
1 ACTING PRESIDENT VALESKY: Senator
2 Klein to explain his vote.
3 SENATOR KLEIN: Thank you,
4 Mr. President.
5 This is a very important piece of
6 legislation because it closes a glaring loophole
7 that presently exists in a law that we passed
8 several years ago.
9 Currently a sex offender is banned
10 from knowingly being within a thousand feet of
11 any school. That's a Level 2 and 3 sexual
12 predator. Unfortunately, we found out recently
13 that the Penal Law defines school grounds to
14 include public and private elementary and
15 secondary schools but does not include
16 preschools. So kindergarten and UPK are
17 excluded.
18 Needless to say, what we found over
19 the last six months is that, first, the law
20 isn't being enforced properly because there's
21 actually no sharing of information between the
22 Division of Criminal Justice Services and the
23 Department of Education. We passed that
24 legislation earlier in the week.
25 This is extremely important,
4660
1 because I think everyone knows -- especially in
2 the City of New York, where we dedicated so much
3 funding to universal pre-K, which is going to be
4 dramatically expanded throughout the city, and
5 throughout the state as well in certain areas --
6 that we want to make sure that our children,
7 when they go to school, any school, even
8 preschool, are protected.
9 So I vote yes, Mr. President, on
10 this important change in our Penal Law.
11 ACTING PRESIDENT VALESKY: Senator
12 Klein to be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT VALESKY: The
16 bill is passed.
17 Senator Hannon, that completes the
18 reading of the supplemental active list.
19 SENATOR HANNON: Yes,
20 Mr. President. Could we go to Supplemental
21 Calendar 53C and do the noncontroversial reading
22 just of Calendar 1658.
23 ACTING PRESIDENT VALESKY: The
24 Secretary will proceed with the noncontroversial
25 reading of Senate Supplemental Calendar 53C,
4661
1 Calendar 1658.
2 THE SECRETARY: Senator Flanagan
3 moves to discharge, from the Committee on Rules,
4 Assembly Bill Number 10168 and substitute it for
5 the identical Senate Bill Number 7921,
6 Third Reading Calendar 1658.
7 ACTING PRESIDENT VALESKY:
8 Substitution ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1658, by the Assembly Committee on Rules,
12 Assembly Print 10168, an act relating to
13 temporary provisions.
14 ACTING PRESIDENT VALESKY: Senator
15 Hannon.
16 SENATOR HANNON: Is there a
17 message at the desk?
18 ACTING PRESIDENT VALESKY: There
19 is a message at the desk.
20 SENATOR HANNON: Can we accept the
21 message, please.
22 ACTING PRESIDENT VALESKY: All in
23 favor of accepting the message of necessity from
24 the Governor signify by saying aye.
25 (Response of "Aye.")
4662
1 ACTING PRESIDENT VALESKY:
2 Opposed, nay.
3 (No response.)
4 ACTING PRESIDENT VALESKY: The
5 message is accepted.
6 The Secretary will read.
7 SENATOR HANNON: Mr. President,
8 before we get there, I'd just like to make an
9 announcement that there will be an immediate
10 meeting of the Racing and Wagering Committee in
11 Room 332. And just on notice, there will be,
12 subsequent to that, a meeting of the
13 Finance Committee.
14 ACTING PRESIDENT VALESKY: An
15 immediate meeting of the Senate Racing and
16 Wagering Committee in Room 332.
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: Just a
19 suggestion. Since the two nominees that are
20 appearing are appearing both before the Racing
21 and Gaming and Finance, if the members of
22 Finance could at least attend the first meeting,
23 then we don't have to ask the same questions of
24 the same two people 20 minutes later.
25 So just a suggestion.
4663
1 ACTING PRESIDENT VALESKY: The
2 Senate Committees on Racing and Wagering and
3 Finance will proceed immediately to Room 332.
4 Senator Hannon.
5 SENATOR HANNON: If we could
6 proceed with Calendar Number 1658.
7 ACTING PRESIDENT VALESKY: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 1658, by the Assembly Committee on Rules,
11 Assembly Print 10168, an act relating to
12 temporary provisions.
13 ACTING PRESIDENT VALESKY: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT VALESKY: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT VALESKY: Senator
21 Flanagan to explain his vote.
22 SENATOR FLANAGAN: Thank you,
23 Mr. President.
24 Before I explain my vote, I just
25 want to tell you what a lucky guy Senator Jack
4664
1 Martins is. Because although it's belated, he
2 got to spend his entire birthday with everyone
3 in this chamber.
4 Senator Martins, happy birthday.
5 (Applause.)
6 SENATOR FLANAGAN: So to explain
7 my vote, I certainly recognize that the hour is
8 late. But when we think about education, I
9 think we all basically focus on the same things.
10 We want equality, we want opportunity, we want
11 access. And as parents, we want the best for
12 our children.
13 And one of the things that is
14 paramount in education, if you're going to have
15 good student outcomes, solid, strong student
16 outcomes, you need an excellent teacher in front
17 of that classroom. And one of the ways we can
18 help make sure that we have excellent teachers
19 is to make sure that they are adequately and
20 properly prepared and that they have the tools
21 and the resources to do their jobs and to make
22 our children not only college- and career-ready,
23 but hopefully decent human beings in our
24 society.
25 The bill we have before us is a
4665
1 compromise, and in many respects is a sort of
2 the final chapter of this year in relation to
3 education, Common Core, the budget. And
4 everyone knows these issues. So I would say
5 what we are doing here is consistent with what
6 we did for students and parents in the budget.
7 This has been a collective effort.
8 I certainly want to thank Senator Skelos for all
9 the time and effort that he's put in on these
10 issues. And everybody's diligence and patience
11 has paid off.
12 People have characterized this in
13 a myriad of ways. I'm doing it this way.
14 Again, we are providing the same level of
15 protection for teachers that we gave to students
16 and parents. That's a good thing. We want our
17 children to succeed, and this provides a
18 vehicle, a framework and structure so that we
19 can protect the integrity of our educational
20 system, advance the interests of the teaching
21 profession, and more important than anything
22 else, make sure that our students have the best
23 and most positive outcome.
24 I believe this is a very strong,
25 positive bill and a step in the right direction,
4666
1 and I cast my vote in the affirmative.
2 Thank you.
3 ACTING PRESIDENT VALESKY: Senator
4 Flanagan to be recorded in the affirmative.
5 Senator Latimer to explain his
6 vote.
7 SENATOR LATIMER: Thank you,
8 Mr. President.
9 This bill is a very important bill.
10 I compliment Senator Flanagan on advancing it.
11 But I think it's important -- even though this
12 is a late hour, we still have more business and
13 more time in this chamber, so I think it's worth
14 remembering that this bill is one part of a much
15 larger issue, and we have spent the last six
16 months talking about the larger issue.
17 We are embarking on a sea change in
18 the way we deliver education. This is a major
19 change in what we've done, and this is what's
20 going to be done over the course of time.
21 So when we talk about a pause, a
22 delay, a moratorium or a suspension, I hear
23 critics that say that we're doing the wrong
24 thing by having a pause or a delay or a
25 moratorium or a suspension.
4667
1 But the next 50 years of a child's
2 life after they complete their education is
3 going to be affected by what we do. And making
4 sure that we get it right is more important than
5 how fast we get it. Because 50 years of living
6 will be built off of this educational structure
7 that we have.
8 My father taught me a lesson when I
9 was younger. He was expert at woodworking, and
10 I was and still am incompetent in woodworking.
11 But my dad told me: Measure twice, cut once.
12 And that "measure twice, cut once," when you
13 don't do it, means you have to go out and get a
14 new piece of wood because you didn't do your
15 diligence.
16 In this particular case we need to
17 measure twice and make sure of what we're doing
18 in the totality of this -- not just what we're
19 dealing with tonight, but that this is one part
20 of, as Senator Flanagan said, of a much larger
21 issue.
22 We have dealt with slogans at the
23 national level: No Child Left Behind. Race to
24 the Top. Who doesn't want to be at the top of a
25 race? Who doesn't want to play for the San
4668
1 Antonio Spurs, the L.A. Kings, the Seattle
2 Supersonics?
3 But not everybody wins the race.
4 How are the rest of those students affected when
5 we put our emphasis on a race? And when we say
6 No Child Left Behind, do we really believe that
7 no child is going to be disheartened by the type
8 of testing modules that we're engaged in because
9 of this federal program and policy?
10 We understand there's a tie-in in
11 federal money, but we are still dealing with the
12 lives of our children and our grandchildren for
13 years to come.
14 Now, I'm a marketing man by
15 profession, and I understand the value of
16 slogans. Coke, it's the real thing. Join the
17 Pepsi generation. GEICO, and you can save
18 15 percent on your car insurance in the next
19 15 minutes. I know these seem like product
20 placements for the people who are watching on
21 TV.
22 But the bottom line is, the
23 education of our kids cannot be a slogan. It
24 cannot merely be a race or children left behind.
25 And so what I want to see -- and I
4669
1 know I've gone a little longer than my time, but
2 we seem to have been here for quite a long time
3 today; I suspect we're going to be here a little
4 while longer. So I appreciate the indulgence of
5 my colleagues and the president.
6 What we're looking at here, to me,
7 is to make absolutely sure that this suspension
8 of time gives us the time to make sure that
9 we're not dealing with a slogan but the
10 substance of what this sea change is, and that
11 this sea change is in fact for the better.
12 Because if we are wrong, in 10 years time people
13 will look back and say: They did these changes
14 and it hurt our children, not helped our
15 children.
16 What we are doing tonight, at the
17 direction of this bill through Senator Flanagan,
18 is the right thing to do for tonight. But we
19 cannot treat it as now we've dusted our hands
20 and we go home back into our districts and we're
21 done. I'm deeply concerned, as I have been
22 throughout the course of this session, that we
23 are dealing with slogans and not grassroots,
24 bottom-up change.
25 I'll just complete with this
4670
1 reality. I hear Senator Bill Larkin talk about
2 his time in the military, how he led men into
3 battle. I know the professionalism of
4 Senator John DeFrancisco when he argues a case
5 before the courtroom. I wouldn't dream of
6 telling Senator Larkin how to fight a battle or
7 Senator DeFrancisco how to prepare for a case.
8 Similarly, I look at all of these
9 things under the rubric of Common Core as being
10 academicians and business leaders and a host of
11 people telling us how we ought to change our
12 educational structure. But we have not talked,
13 in my judgment, effectively to the people that
14 deliver the education on the grassroots level.
15 So if we are going to have a new
16 product out there, let's make sure the
17 grassroots believes it's not an Edsel, that's
18 it's actually a Mustang. Let's make sure that
19 this isn't New Coke that's going to have to be
20 replaced by Classic Coke in 10 years.
21 I vote in favor of this bill. I
22 hope that it will represent an opportunity for
23 us not just to deal with this one element of the
24 issue, but the overall element of the issue, so
25 that we are sure, as sure as we can be, that
4671
1 we're heading in the right direction.
2 Thank you, Mr. President.
3 ACTING PRESIDENT VALESKY: Senator
4 Latimer in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT VALESKY: The
8 bill is passed.
9 Calendar Number 1659 is high and
10 therefore laid aside for the day.
11 Senator Hannon, that completes
12 Senate Supplemental Calendar 53C.
13 SENATOR HANNON: Mr. President, if
14 you would take 1565, which was on the first
15 active list, and lay that aside for the day.
16 ACTING PRESIDENT VALESKY:
17 Calendar Number 1565, from the first active
18 list, will be laid aside for the day.
19 SENATOR HANNON: Mr. President,
20 I'd ask that we stand at ease for a few moments.
21 There is another supplemental list coming out
22 with one or two bills on it, and we anticipate
23 taking that up shortly.
24 ACTING PRESIDENT VALESKY: The
25 Senate will stand at ease temporarily.
4672
1 (Whereupon, the Senate stood at
2 ease at 12:45 a.m.)
3 (Whereupon, the Senate reconvened
4 at 1:30 a.m.)
5 SENATOR HANNON: Mr. President.
6 ACTING PRESIDENT CARLUCCI: The
7 Senate will come to order.
8 Senator Hannon.
9 SENATOR HANNON: While we're
10 waiting for the report of the Finance Committee,
11 I'd like to take up Calendar Number 1586, by
12 Senator Golden, Senate Print 7876.
13 ACTING PRESIDENT CARLUCCI: The
14 Secretary will read Calendar Number 1586.
15 THE SECRETARY: Calendar Number
16 1586, by Senator Golden, Senate Print 7876, an
17 act to amend the Insurance Law.
18 ACTING PRESIDENT CARLUCCI: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT CARLUCCI: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
4673
1 ACTING PRESIDENT CARLUCCI: The
2 bill is passed.
3 Senator Hannon.
4 SENATOR HANNON: May we stand
5 at ease awaiting the report.
6 ACTING PRESIDENT CARLUCCI: The
7 Senate will stand at ease.
8 (Whereupon, the Senate stood at
9 ease at 1:31 a.m.)
10 (Whereupon, the Senate reconvened
11 at 1:48 a.m.)
12 SENATOR HANNON: Mr. President.
13 ACTING PRESIDENT CARLUCCI: The
14 Senate will come to order.
15 Senator Hannon.
16 SENATOR HANNON: Would you
17 recognize Senator Gianaris, please.
18 ACTING PRESIDENT CARLUCCI:
19 Senator Gianaris.
20 SENATOR GIANARIS: Thank you,
21 Mr. President.
22 At this hour, since we are
23 technically in yesterday's time, according to
24 the Senate, I do want to recognize, in addition
25 to Senator Martins' birthday yesterday or today,
4674
1 it was also Senator Serrano's.
2 ACTING PRESIDENT CARLUCCI: Happy
3 birthday.
4 (Applause.)
5 ACTING PRESIDENT CARLUCCI:
6 Senator Hannon.
7 SENATOR HANNON: I would ask if
8 you'd call on Senator DeFrancisco.
9 ACTING PRESIDENT CARLUCCI:
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: You have a
12 report from the Finance Committee on your desk.
13 In fact, you have two. Would you read the first
14 one, please.
15 ACTING PRESIDENT CARLUCCI: The
16 Secretary will read the report from the
17 Finance Committee.
18 THE SECRETARY: Senator
19 DeFrancisco, from the Committee on Finance,
20 reports the following nominations.
21 As executive director of the
22 New York State Gaming Commission, Robert T.
23 Williams, of Ballston Lake.
24 ACTING PRESIDENT CARLUCCI:
25 Senator DeFrancisco.
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1 SENATOR DeFRANCISCO: Yes, I move
2 the nomination.
3 And I know everyone would want to
4 say glowing remarks about Mr. Williams; I know I
5 would. He's got an incredible background,
6 incredible qualifications for this job. And it's
7 at an incredible late hour that we're doing
8 this.
9 So I move the nomination and adopt
10 all of the wonderful things everyone would have
11 said if this was at a reasonable hour.
12 ACTING PRESIDENT CARLUCCI: The
13 question is the nomination of Robert T. Williams
14 as executive director of the New York State
15 Gaming Commission. All in favor signify by
16 saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT CARLUCCI:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT CARLUCCI: The
22 nomination is carried.
23 (Applause.)
24 ACTING PRESIDENT CARLUCCI: The
25 Secretary will read.
4676
1 THE SECRETARY: As commissioner of
2 the division of Human Rights, Helen Foster, of
3 the Bronx.
4 As trustee and chairman of the
5 State University of New York Board of Trustees:
6 H. Carl McCall, of New York.
7 As member of the Council on
8 Human Blood and Transfusion Services: Joseph
9 Chiofolo, of Howard Beach.
10 As commissioner of the State Liquor
11 Authority: Kevin D. Kim, of New York.
12 As member of the Workers'
13 Compensation Board: Linda Hull, of Rochester.
14 As director of the New York State
15 Office for the Aging: Corinda Crossdale, of
16 Niskayuna.
17 As commissioner of the Office of
18 Mental Health: Ann Marie Theresa Sullivan,
19 M.D., of New York.
20 As member of the Port Authority of
21 New York and New Jersey: Rossana Rosado, of
22 White Plains.
23 As trustee of the Power Authority
24 of the State of New York: Anne M. Kress, Ph.D.,
25 of Rochester.
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1 As members of the Metropolitan
2 Transportation Authority: Andrew Albert, of
3 New York; Ira R. Greenberg, of Sunnyside; Polly
4 E. Trottenberg, of Brooklyn; and Neal Zuckerman,
5 of Garrison.
6 As members of the Public Health and
7 Health Planning Council: Kathleen Carver
8 Cheney, of Warwick, and Gary E. Kalkut, M.D., of
9 New York.
10 As commissioners of the State
11 Insurance Fund: Joseph A. Guistino, of
12 East Northport; Charles B. Macleod, of
13 Northport; Sheila A. Stamps, of New York;
14 Kenneth R. Theobalds, of New Rochelle; and
15 Alexis E. Thomas, of Brooklyn.
16 ACTING PRESIDENT CARLUCCI:
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: I move the
19 nominations.
20 ACTING PRESIDENT CARLUCCI: The
21 question is on the nominations as read by the
22 Secretary. All in favor signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT CARLUCCI:
25 Opposed, nay.
4678
1 (No response.)
2 ACTING PRESIDENT CARLUCCI: The
3 nominations are confirmed.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Yes, I
6 believe there's another report from the Finance
7 Committee at the desk.
8 ACTING PRESIDENT CARLUCCI: The
9 Secretary will read.
10 THE SECRETARY: Senator
11 DeFrancisco, from the Committee on Finance,
12 reports the following nominations.
13 As commissioner and chairman of the
14 New York State Liquor Authority: Dennis C.
15 Rosen, of Albany.
16 As members of the State Board of
17 Parole: Ellen Evans Alexander, of Binghamton,
18 and Joseph P. Crangle, of Buffalo.
19 As members of the Citizen's Policy
20 and Complaint Review Council: Charles Burkes,
21 of Albany; Hernan Carvente, of Johnstown;
22 Donald Nadler, of Johnstown; and Martin Stanton,
23 of Cohoes.
24 As members of the Correction
25 Medical Review Board: Michael M. Baden, M.D.,
4679
1 of New York, and Marjorie Blieka, M.D., of
2 Laurel Hollow.
3 As member of the State Commission
4 of Corrections: Phyllis Harrison-Ross, M.D., of
5 New York.
6 ACTING PRESIDENT CARLUCCI:
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: I move the
9 nominations.
10 ACTING PRESIDENT CARLUCCI: The
11 question is on the nominations as read by the
12 Secretary. All in favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT CARLUCCI:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT CARLUCCI: The
18 nominations are confirmed.
19 Senator Hannon.
20 SENATOR HANNON: Mr. President, is
21 there any further business at the desk?
22 ACTING PRESIDENT CARLUCCI: There
23 is no further business at the desk.
24 SENATOR HANNON: Mr. President, I
25 move that we adjourn the session of June 19th
4680
1 and that we reconvene on June 20th at 10:00 a.m.
2 ACTING PRESIDENT CARLUCCI: We
3 will reconvene on June 20th, at 10:00 a.m.
4 Senate adjourned.
5 (Whereupon, at 1:54 a.m., the
6 Senate adjourned.)
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