Regular Session - June 20, 2014

                                                                   4681

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 20, 2014

11                     10:28 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               4682

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.

 4                I ask all in the chamber to please 

 5   rise and join me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by the Reverend Peter 

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

12   Albany.  

13                Father Young.

14                REVEREND YOUNG:   Thank you, 

15   Senator.  

16                Let us pray.

17                May God pour forth His blessings on 

18   our legislators, to provide them with the 

19   courage to accept the many demands of our 

20   elected offices.  

21                As Senators, they have reported on 

22   this anticipated last day of the session to the 

23   bell that calls them to hear one another for the 

24   benefit of our New York State constituents.

25                This invocation calls us to be true 


                                                               4683

 1   to our best of what we might be and become as a 

 2   legislative leader.  We need to heed the call of 

 3   our own heart with compassion and equity, and we 

 4   bless them for the opportunity of enjoying some 

 5   time to relax and to be with their family and 

 6   friends.  

 7                Amen.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Father.  

10                The reading of the Journal.

11                THE SECRETARY:   In Senate, 

12   Thursday, June 19th, the Senate met pursuant to 

13   adjournment.  The Journal of Wednesday, 

14   June 18th, was read and approved.  On motion, 

15   Senate adjourned.

16                ACTING PRESIDENT GRIFFO:   Without 

17   objection, the Journal will stand approved as 

18   read.

19                Presentation of petitions.

20                Messages from the Assembly.

21                The Secretary will read.

22                Can I have some order in the 

23   chamber.  We have a number of visitors here 

24   today, a number of members, and a number of 

25   important bills before the house.  So I'm going 


                                                               4684

 1   to ask to take conversations outside the chamber 

 2   and that we continue to maintain order within 

 3   the chamber.

 4                The Secretary will read.

 5                THE SECRETARY:   On page 7, Senator 

 6   Bonacic moves to discharge, from the Committee 

 7   on Judiciary, Assembly Bill Number 7461A and 

 8   substitute it for the identical Senate Bill 

 9   Number 4779B, Third Reading Calendar 192.

10                On page 10, Senator Ball moves to 

11   discharge, from the Committee on Rules, 

12   Assembly Bill Number 8224A and substitute it for 

13   the identical Senate Bill Number 5974A, 

14   Third Reading Calendar 351.

15                On page 10, Senator LaValle moves 

16   to discharge, from the Committee on Rules, 

17   Assembly Bill Number 8889 and substitute it for 

18   the identical Senate Bill Number 6701, Third 

19   Reading Calendar 389.

20                On page 11, Senator Díaz moves to 

21   discharge, from the Committee on Rules, Assembly 

22   Bill Number 8630A and substitute it for the 

23   identical Senate Bill Number 6364A, Third 

24   Reading Calendar 420.

25                On page 22, Senator Dilan moves to 


                                                               4685

 1   discharge, from the Committee on Rules, 

 2   Assembly Bill Number 8277 and substitute it for 

 3   the identical Senate Bill Number 6653, 

 4   Third Reading Calendar 963.

 5                On page 25, Senator Gipson moves to 

 6   discharge, from the Committee on Rules, 

 7   Assembly Bill Number 9846 and substitute it for 

 8   the identical Senate Bill Number 7621, 

 9   Third Reading Calendar 1098.

10                On page 26, Senator Skelos moves to 

11   discharge, from the Committee on Rules, 

12   Assembly Bill Number 9803 and substitute it for 

13   the identical Senate Bill Number 7647, 

14   Third Reading Calendar 1099.

15                On page 26, Senator Skelos moves to 

16   discharge, from the Committee on Rules, 

17   Assembly Bill Number 9737A and substitute it for 

18   the identical Senate Bill Number 7648, 

19   Third Reading Calendar 1100.  

20                On page 27, Senator Stewart-Cousins 

21   moves to discharge, from the Committee on Local 

22   Government, Assembly Bill Number 2327A and 

23   substitute it for the identical Senate Bill 

24   Number 7322, Third Reading Calendar 1169.

25                On page 30, Senator Maziarz moves 


                                                               4686

 1   to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 10131 and substitute it for 

 3   the identical Senate Bill Number 7874, Third 

 4   Reading Calendar 1552.

 5                On page 30, Senator Flanagan moves 

 6   to discharge, from the Committee on Rules, 

 7   Assembly Bill Number 8109B and substitute it for 

 8   the identical Senate Bill Number 5731B, 

 9   Third Reading Calendar 1555.  

10                On page 31, Senator Skelos moves to 

11   discharge, from the Committee on Rules, 

12   Assembly Bill Number 9834 and substitute it for 

13   the identical Senate Bill Number 7703, Third 

14   Reading Calendar 1569.

15                On page 31, Senator Nozzolio moves 

16   to discharge, from the Committee on Rules, 

17   Assembly Bill Number 10128 and substitute it for 

18   the identical Senate Bill Number 7869, 

19   Third Reading Calendar 1573.

20                On page 31, Senator Bonacic moves 

21   to discharge, from the Committee on Rules, 

22   Assembly Bill Number 10139 and substitute it for 

23   the identical Senate Bill Number 7883, 

24   Third Reading Calendar 1574.

25                On page 31, Senator Skelos moves to 


                                                               4687

 1   discharge, from the Committee on Rules, 

 2   Assembly Bill Number 10093A and substitute it 

 3   for the identical Senate Bill Number 7870, Third 

 4   Reading Calendar 1582.

 5                On page 31, Senator Grisanti moves 

 6   to discharge, from the Committee on Rules, 

 7   Assembly Bill Number 10138 and substitute it for 

 8   the identical Senate Bill Number 7877, Third 

 9   Reading Calendar 1587.

10                On page 32, Senator Grisanti moves 

11   to discharge, from the Committee on Rules, 

12   Assembly Bill Number 10135 and substitute it for 

13   the identical Senate Bill Number 7878, 

14   Third Reading Calendar 1588.

15                On page 32, Senator Gallivan moves 

16   to discharge, from the Committee on Rules, 

17   Assembly Bill Number 9733 and substitute it for 

18   the identical Senate Bill Number 7885, 

19   Third Reading Calendar 1589.

20                On page 32, Senator Valesky moves 

21   to discharge, from the Committee on Rules, 

22   Assembly Bill Number 10140 and substitute it for 

23   the identical Senate Bill Number 7893, 

24   Third Reading Calendar 1590.

25                And on page 33, Senator Savino 


                                                               4688

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 6357E and substitute it for 

 3   the identical Senate Bill Number 7923, Third 

 4   Reading Calendar 1659.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   substitutions are so ordered.

 7                Messages from the Governor.

 8                Reports of standing committees.

 9                Reports of select committees.

10                Communications and reports of state 

11   officers.

12                Motions and resolutions.

13                SENATOR LIBOUS:   Mr. President.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Libous.

16                SENATOR LIBOUS:   At this time 

17   could we please take up today's active list, the 

18   noncontroversial reading.

19                ACTING PRESIDENT GRIFFO:   The 

20   Secretary will read the New York State Senate 

21   active list for Friday, June 20th.

22                THE SECRETARY:   Calendar Number 

23   192, substituted earlier by Member of the 

24   Assembly Cook, Assembly Print 7461A, an act to 

25   amend the Estates, Powers and Trusts Law.


                                                               4689

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Hoylman to explain his vote.

10                SENATOR HOYLMAN:   Thank you, 

11   Mr. President.

12                This bill is common sense because 

13   it allows a child conceived after the death of a 

14   parent, using the genetic material of the dead 

15   parent, to be considered an heir of the dead 

16   parent's estate.  

17                But I have to point out, 

18   Mr. President, as part of a same-sex couple -- 

19   and here I am going on about gay things again; I 

20   promise you I have other talents.  But in my 

21   family, my 3-year-old, should we have conceived 

22   her after one of -- either my or my husband's 

23   death, would not have been able to inherit under 

24   this statute.  So I will be supporting this bill 

25   but introducing legislation to include modern 


                                                               4690

 1   families as part of this initiative.  

 2                Thank you, Mr. President.  I vote 

 3   aye.

 4                ACTING PRESIDENT GRIFFO:    Senator 

 5   Hoylman to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   Ayes, 55.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   351, substituted earlier by Member of the 

12   Assembly Galef, Assembly Print 8224A, an act to 

13   amend the Highway Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 55.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   389, substituted earlier by Member of the 


                                                               4691

 1   Assembly Englebright, Assembly Print 8889, an 

 2   act to amend the Civil Service Law.

 3                ACTING PRESIDENT GRIFFO:   There is 

 4   a home-rule message at the desk.

 5                The Secretary will read the last 

 6   section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 55.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   420, substituted earlier by Member of the 

17   Assembly Crespo, Assembly Print 8630A, an act to 

18   amend the Executive Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4692

 1                ACTING PRESIDENT GRIFFO:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 51.  Nays, 

 4   4.  Senators Ball, DeFrancisco, Griffo and 

 5   O'Mara recorded in the negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   552, by Senator LaValle, Senate Print 4469A, an 

10   act to amend the Education Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 4.  This 

14   act shall take effect on the first of July.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 54.  Nays, 

19   1.  Senator Ball recorded in the negative.  

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   914, by Senator Carlucci, Senate Print 5225, an 

24   act to amend the Mental Hygiene Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4693

 1   last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 52.  Nays, 

 8   3.  Senators Hoylman, Krueger and Perkins 

 9   recorded in the negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   963, substituted earlier by Member of the 

14   Assembly Lentol, Assembly Print 8277, an act to 

15   amend the Alcoholic Beverage Control Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 55.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4694

 1                THE SECRETARY:   Calendar Number 

 2   977, by Senator Maziarz, Senate Print 7312B, an 

 3   act to amend the Alcoholic Beverage Control Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 53.  Nays, 

12   2.  Senators Hoylman and Krueger recorded in the 

13   negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1098, substituted earlier by Member of the 

18   Assembly Barrett, Assembly Print 9846, an act to 

19   amend the Alcoholic Beverage Control Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4695

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   DeFrancisco to explain his vote.

 4                SENATOR DeFRANCISCO:   I'm going to 

 5   vote no.  Not because of anything dealing with 

 6   alcohol or allowing this facility to get the 

 7   license they're looking for -- I don't want to 

 8   do it, and I hope this goes further, because 

 9   I've been at the Culinary Institute.  It's a 

10   fine place.  It's a well-known institution.  

11                And I mentioned this to Senator 

12   Gipson a few days ago, but we went there with a 

13   group of people, we had a wonderful time, great 

14   tour, the students were outstanding.  And we had 

15   dinner, and everything was phenomenal.  

16                And all the students, as part of 

17   their training, wait on tables.  They may be the 

18   maître d', they may be getting up at 4:00 in the 

19   morning to make breakfast for the whole 

20   facility, in addition to paying a very handsome 

21   tuition, and they wait tables and the like.  

22                We gave a tip, our group gave a 

23   tip, and we found out that the tip they can't 

24   even keep, that they have to give it back to the 

25   Culinary Institute.  


                                                               4696

 1                Now, that's a little bit overboard.  

 2   It's almost like involuntary servitude.  I mean, 

 3   you've got them working day and night, early in 

 4   the morning till late at night, and they're 

 5   paying handsomely for the privilege of working 

 6   so you could make money at the restaurants while 

 7   they learn their trade.  But that's out of line.  

 8                So I would hope that this message 

 9   goes to somebody to try to look into this and 

10   make sure these students are treated fairly.  

11                I vote no.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   DeFrancisco to be recorded in the negative.

14                Announce the results.

15                THE SECRETARY:   Ayes, 55.  Nays, 

16   1.  Senator DeFrancisco recorded in the 

17   negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1099, substituted earlier by Member of the 

22   Assembly Hooper, Assembly Print Number 9803, an 

23   act to amend Chapter 19 of the Laws of 2009.

24                ACTING PRESIDENT GRIFFO:   There is 

25   a home-rule message at the desk.


                                                               4697

 1                The Secretary will read the last 

 2   section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Squadron to explain his vote.

10                SENATOR SQUADRON:   Thank you, 

11   Mr. President.  

12                We stand here on the last day of 

13   session, and I want to note that this bill, 

14   which in substance I support, is sponsored by 

15   Senator Rules.  

16                Senator Rules has had a less 

17   productive year than some in the past, and I 

18   want to acknowledge that and appreciate that, 

19   but still has been able to get more bills on the 

20   agenda than some members of the minority 

21   conference have been allowed to.

22                But on a serious note, I do not 

23   understand why the practice continues of having 

24   Senator Rules sponsor legislation in this house.  

25   There are 63 members of this house when it's 


                                                               4698

 1   full, elected by constituents in the state, who 

 2   have to answer to their own constituents.  And 

 3   that creates accountability for what we do here.  

 4                I'm going to be voting yes on this 

 5   bill and the other Senator Rules bills, and I 

 6   will spare my colleagues repeating this speech 

 7   this year.  But I really do believe -- thank 

 8   you, Senator Robach.

 9                (Laughter.)

10                SENATOR SQUADRON:   I do believe 

11   that in the future we should continue limiting 

12   the practice of having Senator Rules sponsor a 

13   bill unless there's a real purpose for it.  

14                Again, I would like to note that 

15   fewer of the tax extender bills this year have 

16   been sponsored by Senator Rules than in previous 

17   years, and for that I want to thank the 

18   Majority.  

19                I'll vote yes, Mr. President.  

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Squadron to be recorded in the affirmative.

22                Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 1099, those recorded in the 

25   negative are Senators Ball, DeFrancisco, 


                                                               4699

 1   LaValle, Ranzenhofer and Zeldin.

 2                Ayes, 52.  Nays, 5.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1100, substituted earlier by Member of the 

 7   Assembly Hennessey, Assembly Print 9737A, an act 

 8   to amend Chapter 23 of the Laws of 2009.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT GRIFFO:   There is 

17   a home-rule message before the desk.

18                The Secretary will announce the 

19   results.

20                THE SECRETARY:   In relation to 

21   Calendar 1100, those recorded in the negative 

22   are Senators DeFrancisco, Flanagan, LaValle, 

23   Ranzenhofer and Zeldin.

24                Ayes, 52.  Nays, 5.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4700

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1169, substituted earlier by Member of the 

 4   Assembly Paulin, Assembly Print 2327A, an act to 

 5   amend the General Municipal Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 56.  Nays, 

14   1.  Senator Ball recorded in the negative.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 

18   1343, by Senator DeFrancisco, Senate Print 

19   6606A, an act to amend the General Obligations 

20   Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 30th day.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4701

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   In relation to 

 4   Calendar 1343, those recorded in the negative 

 5   are Senators Gianaris, Hoylman, Krueger and 

 6   Squadron.  

 7                Ayes, 53.  Nays, 4.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1552, substituted earlier by the Assembly 

12   Committee on Rules, Assembly Print 10131, an act 

13   to authorize.

14                ACTING PRESIDENT GRIFFO:   There is 

15   a home-rule message at the desk.

16                The Secretary will read the last 

17   section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 56.  Nays, 

24   1.  Senator Ball recorded in the negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4702

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1555, substituted earlier by Member of the 

 4   Assembly Englebright, Assembly Print 8109B, an 

 5   act to amend the Public Health Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 57.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1559, by Senator Ball, Senate Print 6425A, an 

18   act to amend the Town Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4703

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Gipson to explain his vote.

 3                SENATOR GIPSON:   Thank you, 

 4   Mr. President.

 5                I'm voting no against this bill 

 6   simply because it's really just a bad bill.  It 

 7   creates bad policy within our local governments.  

 8                Our planning and zoning boards are 

 9   already dealing with a variety of regulations 

10   that this body has sent down.  These boards are 

11   also elected by local residents.  This will tie 

12   the hands of our local governments even more 

13   than they're already tied.  It will take control 

14   out of our residents' ability to decide what 

15   handles in their localities.  

16                And, most importantly, there's a 

17   very good chance that it will cost these local 

18   governments money.  So by my way of measure, it 

19   is technically an unfunded mandate.  

20                So I would ask that my colleagues 

21   join me in opposing this bill.  I think that it 

22   could be revised and improved in the future, and 

23   I will be voting no.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Gipson to be recorded in the negative.


                                                               4704

 1                Senator Martins to explain his 

 2   vote.

 3                SENATOR MARTINS:   Mr. President, I 

 4   rise to support this bill.  

 5                And I want to thank Senator Ball 

 6   for his steadfast commitment to seeing this bill 

 7   through over the years.

 8                And we've disagreed on this bill.  

 9   But this bill isn't about local mandates, this 

10   isn't about giving our local governments 

11   additional responsibilities or costing taxpayers 

12   money, this bill is about fairness.  And so this 

13   bill is about the commitment that we make to 

14   homeowners or to property owners when they 

15   decide to buy a piece of property.  

16                And they buy that piece of property 

17   knowing that there exists a zoning code with 

18   that community and that they're going to be able 

19   to build something on there.  And they've 

20   purchased the property and they've paid for it 

21   knowing that they can build something on it.  

22                And if they buy it with those 

23   conditions and then they go ahead and put in a 

24   building permit, the local community shouldn't 

25   be able to change their minds and deprive that 


                                                               4705

 1   homeowner of the ability to realize what they've 

 2   purchased, essentially taking away their 

 3   property rights from them.  

 4                This bill would protect that.  So 

 5   by taking out a permit, by doing -- and let's do 

 6   it in a residential setting.  Buying a house for 

 7   your family, deciding that you want to put up a 

 8   house with a certain amount of square feet.  If 

 9   the local community, if the zoning board then 

10   issues a moratorium, changes the rules on you, 

11   you can no longer build the house that you 

12   wanted to for your family, how is that fair?  

13                This bill would prevent that from 

14   happening.  I want to thank Senator Ball for 

15   bringing it to the floor.  I want to thank 

16   Senator Ball for bringing equity back into this 

17   discussion.  

18                And let's not confuse things, 

19   ladies and gentlemen.  This is about fairness.  

20   It isn't about mandate relief, it isn't about 

21   protecting homeowners in communities, this is 

22   about protecting property rights, pure and 

23   simple.  People who buy property should be 

24   protected in that which they buy.  

25                I'll vote yes.  Thank you.


                                                               4706

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Martins to be recorded in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar 1559, those recorded in the negative 

 6   are Senators Addabbo, Avella, Boyle, Breslin, 

 7   Dilan, Gianaris, Gipson, Hoylman, Kennedy, 

 8   Krueger, O'Brien, Parker, Peralta, Perkins, 

 9   Rivera, Sanders, Serrano, Squadron, Stavisky, 

10   Stewart-Cousins and Tkaczyk.

11                Ayes, 37.  Nays, 21.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Ball to explain his vote.

14                SENATOR BALL:   Well, first I want 

15   to thank Senator Gipson for voting no, because 

16   it's another vote that just shows the clear 

17   difference between one side of the chamber that 

18   actually cares about taking care of working 

19   families, seniors, small business owners, and 

20   making sure that another 2 million people don't 

21   leave this state, and a Senator that's so ultra 

22   left and out of touch with not only the 

23   hardworking people in the state, but his 

24   district, that he just can't help himself but 

25   vote to the extreme knee-jerk left.  


                                                               4707

 1                You know, I was in Texas 

 2   recently -- imagine that -- on an economic 

 3   development tour.  And it's amazing which way 

 4   people are going.  Two million people have left 

 5   this state for places like South Carolina, 

 6   Texas, North Carolina.  And it's not for the 

 7   pizza and the bagels or the steaks.  The pizza 

 8   sucks, the bagels suck, and the steaks suck.  

 9   They're going there because they can't afford to 

10   live here anymore.  

11                I had a meeting with the mayor -- 

12   who's a Democrat, a pretty liberal Democrat -- 

13   of a place called Austin, a pretty liberal 

14   place.  And you know what he told me?  I said, 

15   you know what, it's interesting because there's 

16   this endangered species we have in New York 

17   called a crane.  They're all over Austin.  

18   They're not flying, they're building.  Creating 

19   jobs, union jobs.  

20                There are dozens of cranes in 

21   Austin and in Texas -- in Austin, a city run by 

22   Democrats -- employing tens of thousands of 

23   people, because they understand the government 

24   needs to get the hell out of the way and let 

25   business owners do what they do best, which is 


                                                               4708

 1   create jobs and allow people to enjoy the 

 2   American dream.  

 3                Senator Gipson, by voting no on 

 4   this, you possibly have cost thousands of jobs 

 5   in your own district and throughout the 

 6   Hudson Valley.

 7                SENATOR GIANARIS:   Mr. President, 

 8   point of order.

 9                SENATOR BALL:   All this says is 

10   we're going to have a fair playing --

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Gianaris, why do you rise?

13                SENATOR BALL:   -- so people 

14   know --

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Ball, Senator Gianaris has the floor.  

17                Why do you rise, Senator Gianaris?  

18                SENATOR GIANARIS:   Point of order.  

19                Can I please ask the presiding 

20   President to inform Mr. Ball that we do not 

21   directly address or personally attack members of 

22   this chamber during debate.  I know he's leaving 

23   and he's trying to get his last licks in.  He 

24   loves Texas, apparently, so he's --

25                ACTING PRESIDENT GRIFFO:  


                                                               4709

 1   Senator -- Senator Gianaris.  Senator Gianaris.  

 2                SENATOR GIANARIS:   -- but please 

 3   don't attack the members of this chamber while 

 4   making his points.  

 5                Thank you.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Gianaris, I want order in the house.  

 8                Senator Gianaris, your point is 

 9   well-taken.  We will not talk about any 

10   individual in the chamber.  

11                However, the member has the 

12   discretion on an explanation of vote to go 

13   within a purview that is allowable.  

14                So, Senator Ball, are you complete?  

15   You vote in the affirmative?

16                SENATOR BALL:   Yes.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Ball votes in the affirmative.

19                Senator O'Brien to explain your 

20   vote.

21                SENATOR O'BRIEN:   Thank you, 

22   Mr. President.  To explain my vote.

23                This is really an issue about who 

24   should make the decisions on local planning and 

25   building-type permits.  Should it the State 


                                                               4710

 1   Legislature, or should it be local officials?  

 2                For an illustration, we look at the 

 3   residential property.  Let's say that a building 

 4   permit application is made.  Should a zoning 

 5   board be bound at the time an application is 

 6   made or during the course of the approval 

 7   process?  

 8                If, for example, you decide to make 

 9   an application in a neighborhood of all one- and 

10   two-story houses to add a third story to a 

11   house.  Maybe that's not something anticipated 

12   by your code.  This would allow the local 

13   officials to decide maybe we should have height 

14   restrictions, maybe we should -- there's larger 

15   issues at play here than just this particular 

16   application.  

17                This is really a question about 

18   who's going to make those decisions, the State 

19   Legislature or local officials, on permit and 

20   building and zoning issues.  I believe that it 

21   should be the local people making those 

22   decisions.  

23                I vote no.  

24                ACTING PRESIDENT GRIFFO:   Senator 

25   O'Brien to be recorded in the negative.


                                                               4711

 1                Announce the results.

 2                THE SECRETARY:   Ayes, 37.  Nays, 

 3   21.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1561, by Senator Marchione, Senate Print 6679A, 

 8   an act to amend the Executive Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 58.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1562, by Senator Marchione, Senate Print 6680A, 

21   an act to amend the Executive Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4712

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 58.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1568, by Senator Lanza, Senate Print 7554A, an 

 9   act to amend the Public Housing Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 90th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Stavisky to explain her vote.

19                SENATOR STAVISKY:   To explain my 

20   vote, Mr. President.

21                This bill would simply require the 

22   New York City Housing Authority to set up a 

23   meeting with a senior citizen before they evict 

24   them.  I vote aye, but I have legislation which 

25   goes a little bit further which would restrict 


                                                               4713

 1   the evictions.  

 2                For example, I have a 90-year-old 

 3   constituent in Pomonok, which is a New York City 

 4   Housing Authority complex, and they are trying 

 5   to evict him.  He has a larger apartment, they 

 6   want him to go into a smaller apartment, and 

 7   they're willing to pay him a large amount of 

 8   $250 in moving costs.  

 9                Setting up a meeting is fine, but 

10   we've got to go a little further.  I do support 

11   this legislation, but let us hope next year we 

12   revisit this issue to encourage the housing 

13   authority to be a little more sensitive to 

14   people who have been living in their homes for 

15   in some cases 50 years.

16                Thank you, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Stavisky to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   Ayes, 58.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1569, substituted earlier by Member of the 

25   Assembly Heastie, Assembly Print 9834, an act to 


                                                               4714

 1   amend Chapter 746 of the Laws of 1988.

 2                ACTING PRESIDENT GRIFFO:   There is 

 3   a home-rule message at the desk.

 4                The Secretary will read the last 

 5   section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   In relation to 

12   Calendar 1569, those recorded in the negative 

13   are Senators Ball, DeFrancisco, Felder, 

14   Ranzenhofer and Zeldin.

15                Ayes, 53.  Nays, 5.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1573, substituted earlier by the Assembly 

20   Committee on Rules, Assembly Print 10128, an act 

21   to amend the Penal Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4715

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Krueger to explain her vote.

 6                SENATOR KRUEGER:   Thank you, 

 7   Mr. President.  

 8                I am voting no today on the 

 9   variation of exactly the same issue I rose and 

10   spoke about -- maybe it was yesterday, maybe it 

11   was a hundred days ago, I get confused.  

12                This is a bill to establish a new 

13   definition of aggravated harassment in the 

14   second degree in law in New York State, after a 

15   court decision determine that our current 

16   statute was not constitutional.  

17                I continue to believe, as I did 

18   yesterday, that this version as well is not 

19   constitutional, in that it is going too far and 

20   is too broad in interpreting speech as a 

21   criminal activity under certain circumstances, 

22   that it is a constitutional violation of the 

23   First Amendment.  

24                I do understand we need to correct 

25   our statutes, since the current one has been 


                                                               4716

 1   thrown out.  I even understand that this may be 

 2   the three-way agreed-upon version.  I still 

 3   believe it is unacceptable, goes too far in 

 4   putting the potential for speech and thought 

 5   under criminal law.  And I do believe that at a 

 6   later date we will find, if this is chaptered, 

 7   that it is also found unconstitutional.  

 8                I'll be voting no.  Thank you, 

 9   Mr. President.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Krueger to be recorded in the negative.

12                Announce the results.

13                THE SECRETARY:   In relation to 

14   Calendar 1573, those recorded in the negative 

15   are Senators Gianaris, Hassell-Thompson, 

16   Hoylman, Krueger, Parker, Perkins, Rivera, 

17   Sampson, Sanders, Serrano and Squadron.

18                Ayes, 47.  Nays, 11.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1575, by Senator Lanza, Senate Print 7887, an 

23   act to amend the Highway Law.

24                ACTING PRESIDENT GRIFFO:   We 

25   skipped a bill.  We're going to return back to 


                                                               4717

 1   Calendar 1574.

 2                THE SECRETARY:   Calendar Number 

 3   1574, substituted earlier by the Assembly 

 4   Committee on Rules, Assembly Print 10139, an act 

 5   to amend the Family Court Act.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Bonacic to explain his vote.

15                Again, I'm going to ask for some 

16   quiet in the chamber so we can allow the members 

17   to be heard.

18                Senator Bonacic.

19                SENATOR BONACIC:   Thank you, 

20   Mr. President.

21                Previous to our budget, the amount 

22   of cases that were before the Family Court was 

23   about 700,000 cases a year, and we had 153 

24   Family Court judges.  The last Family Court 

25   judge in New York City was 1991.  The last 


                                                               4718

 1   Family Court judge outside New York City, 2005.

 2                And thanks to all my colleagues in 

 3   this chamber and in the Assembly chamber, you 

 4   had the vision to create 20 more Family Court 

 5   judges with an appropriation of $5 million this 

 6   year.  And just for the record, I just want to 

 7   cite where they're going, for the members who 

 8   might not know.  Nine in New York City.  Albany, 

 9   Broome, Chautauqua, Franklin, Nassau, Oneida, 

10   Oswego, Schenectady, Suffolk, Ulster and 

11   Westchester.  

12                Now, what we did with this 

13   legislation, because of the delay in the 

14   petition process, these judges, whoever is going 

15   to run for these offices in those 20 counties 

16   will have to go get their petitions -- we pushed 

17   the date back and we compressed the amount of 

18   petitions.  So from July 11th to July 24th will 

19   be the petition process for these judges.  

20                In addition, for a county of a 

21   population of 250,000 or more, they have to get 

22   700 signatures.  For those of a county with less 

23   than 250,000, 350 signatures.  In any county 

24   with a population of less than 25,000, 

25   75 signatures.


                                                               4719

 1                In addition, under this legislation 

 2   we created five more Family Court judges other 

 3   than the 20 where we appropriated the 

 4   $5 million, but we don't have the funding for 

 5   that.  That funding will take place in next 

 6   year's budget, 2015-2016.  And those five 

 7   counties are as follows:  Delaware, Monroe, 

 8   Erie, Dutchess, and Warren.

 9                I want to thank some people who did 

10   really great work in getting this resolved.  

11   First of all, our Majority counsel, Beth Garvey; 

12   the counsel for Assemblywoman Weinstein, Nadia 

13   Gareeb; and our own counsel, Jessica Cherry.  

14                Thank you, Mr. President.  I vote 

15   aye.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Bonacic to be recorded in the affirmative.

18                Senator Little to explain her vote.

19                SENATOR LITTLE:   Thank you, 

20   Mr. President.  

21                I would like to stand and 

22   acknowledge all of those who worked so hard on 

23   this bill, especially Senator Bonacic.  

24                As you know, the 20 judges that 

25   were recommended by the Office of Court 


                                                               4720

 1   Administration, none of them were north of 

 2   Albany, and yet we had a tremendous needle in 

 3   the North Country.  And as a result of the work 

 4   that took place in Senator Bonacic's efforts as 

 5   well as staff people, we will now have a Family 

 6   Court judge this year in Franklin County.  

 7                And let me tell you a little bit 

 8   about Franklin County.  They do not have a 

 9   Family Court judge.  The judge there is the 

10   county judge, the Surrogate Court judge and the 

11   Family Court judge.  

12                And when there is a delay in Family 

13   Court and when there are too many cases for a 

14   judge to handle, we know that very often it's 

15   children that suffer.  Because many of the 

16   issues that go before the Family Court judge 

17   have a tremendous affect on the lives of young 

18   people and the lives of children.

19                Warren County will get a judgeship 

20   next year.  And way back when they had 39 

21   judges, several years ago, they were listed as 

22   being in need of a judge.  

23                So I'm very, very pleased to be 

24   able to secure and have everyone agree to vote 

25   for this bill.  It will help the North Country, 


                                                               4721

 1   and particularly it will help the two of the six 

 2   counties I represent, Warren and Franklin.  

 3                Thank you very much.  I vote aye.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Little to be recorded in the affirmative.

 6                Senator Farley to explain his vote.

 7                SENATOR FARLEY:   Thank you, 

 8   Mr. President.

 9                I rise to thank Senator Bonacic and 

10   everybody that worked on this.  Because everyone 

11   in this chamber should know that Family Court is 

12   one of the most challenging judicial posts that 

13   there is.  It's a very, very difficult job.  

14                And within Schenectady, which has 

15   been always on both sides of the aisle, that 

16   judgeship is truly needed.  It's greatly needed.  

17   And as the person who represents that county, 

18   I'm very, very grateful that Schenectady is 

19   included in that, because it is desperately 

20   needed and they do a great job.  

21                And the Family Court is a very, 

22   very important court and one, as I said, a very 

23   challenging court.  

24                Thank you, Mr. President.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4722

 1   Farley to be recorded in the affirmative.

 2                Senator Savino to explain her vote.

 3                SENATOR SAVINO:   Thank you, 

 4   Mr. President.

 5                I want to rise and thank 

 6   Senator Bonacic for shepherding this bill 

 7   through.  

 8                We've been talking about increasing 

 9   the number of Family Court judges for several 

10   years now.  A few years ago the Chief Judge of 

11   the state, Judge Kaye, put forward a proposal to 

12   this body that we increase the number of Family 

13   Court judges by 39.  We've not quite gotten 

14   there yet, but 20 is definitely a tremendous 

15   start.  

16                I want to make a few points about 

17   some of the people who helped bring us where we 

18   are.  Jan Fink, who led this effort with Gail 

19   Prudenti; of course Senator Bonacic and the 

20   Judiciary Committee; and everyone who advocated 

21   for improving services for children and families 

22   in the City of New York; my colleague Senator 

23   Felder, the new chair of Children and Families.  

24                I've shared many times that I 

25   started my career as a caseworker in the city's 


                                                               4723

 1   child welfare system.  Back in the early 1990s, 

 2   our Family Courts were drastically overcrowded 

 3   and the facilities were horrific.  We've kind of 

 4   come forward a bit in New York City, although I 

 5   think we're already outgrowing our new 

 6   courthouses.  

 7                But there is one thing that we 

 8   know.  When you have a shortage of judges, you 

 9   have a shortage of service for families, 

10   particularly kids who have been separated from 

11   their parents pursuant to abuse and neglect 

12   petitions.  When you don't have enough judges to 

13   hear cases, children linger in foster care 

14   longer than they have to.  

15                So by providing more judges and 

16   hopefully more courtrooms, we are going to be 

17   making sure that we provide the right decision 

18   for families, reunify them when it's necessary, 

19   and move the children through the system 

20   certainly more efficiently.  

21                So thank you, Senator Bonacic, and 

22   I vote aye.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Savino to be recorded in the affirmative.

25                Senator Hassell-Thompson to explain 


                                                               4724

 1   her vote.

 2                SENATOR HASSELL-THOMPSON:   Thank 

 3   you, Mr. President.

 4                I too would like to join my 

 5   colleagues in supporting of this bill, 

 6   particularly because I know for the City of 

 7   Mount Vernon we have 3 and a half judges.  And 

 8   many times our county court calls upon those 

 9   judges to sit in the county in order to serve 

10   our Family Courts.  

11                We have put a tremendous amount of 

12   burden and responsibility on Family Courts as we 

13   pass legislative initiatives here today, and we 

14   have not accommodated anywhere near the numbers 

15   of judges on the family bench as we should.  I 

16   pushed for 25.  I was very pleased to get 20 in 

17   this budget.  

18                But I think we need to continue to 

19   push, because there are many communities in 

20   upstate New York as well as outside of New York 

21   City that continue to need additional members of 

22   the bench who are specifically designed to work 

23   with families around family issues.  And as we 

24   look at Raise the Age and some of the other 

25   legislative initiatives that we hope to do, we 


                                                               4725

 1   will need more and more of the support of the 

 2   Family Court.  

 3                So thank you, Mr. President, for 

 4   the opportunity to vote yes on this bill.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hassell-Thompson to be recorded in the 

 7   affirmative.

 8                Is there any other Senator wishing 

 9   to explain their vote?

10                The Secretary will announce the 

11   results.

12                THE SECRETARY:   Ayes, 57.  Nays, 

13   1.  Senator Ball recorded in the negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1575, by Senator Lanza, Senate Print 7887, an 

18   act to amend the Highway Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 7.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4726

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1582, substituted earlier by the Assembly 

 6   Committee on Rules, Assembly Print 10093A, an 

 7   act to amend the Economic Development Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 57.  Nays, 

16   1.  Senator Ball recorded in the negative.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   1587, substituted earlier by the Assembly 

21   Committee on Rules, Assembly Print 10138, an act 

22   to amend the Labor Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4727

 1   act shall take effect on the same date and in 

 2   the same manner as a chapter of the Laws of 

 3   2014.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1588, substituted earlier by the Assembly 

12   Committee on Rules, Assembly Print 10135, an act 

13   to amend Part H of Chapter 1 of the Laws of 

14   2003.

15                SENATOR LIBOUS:   Lay it aside 

16   temporarily.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   will be laid aside temporarily.

19                The Secretary will continue with 

20   Calendar Number 1589.

21                THE SECRETARY:   Calendar Number 

22   1589, substituted earlier by Member of the 

23   Assembly Gunther, Assembly Print 9733A, an act 

24   to amend the Correction Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4728

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 58.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1590, substituted earlier by the Assembly 

12   Committee on Rules, Assembly Print 10140, an act 

13   to amend the Insurance Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 4.  This 

17   act shall take effect on the same date and in 

18   the same manner as a chapter of the Laws of 

19   2014.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 58.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4729

 1                THE SECRETARY:   Calendar Number 

 2   1591, by Senator Young, Senate Print 7898, an 

 3   act to amend the Correction Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 4.  This 

 7   act shall take effect on the 60th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 58.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1606, by Senator Addabbo, Senate Print 5944B, an 

16   act to amend the Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 57.  Nays, 

25   1.  Senator Little recorded in the negative.


                                                               4730

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1659, substituted earlier by Member of the 

 5   Assembly Gottfried, Assembly Print 6357E, an act 

 6   to amend the Public Health Law.

 7                SENATOR DeFRANCISCO:   Lay the bill 

 8   aside.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is laid aside.

11                Senator Libous, would you like to 

12   return now to Calendar Number 1588, which was a 

13   temporary lay-aside?  

14                SENATOR LIBOUS:   That's what I was 

15   thinking, Mr. President.

16                ACTING PRESIDENT GRIFFO:   Calendar 

17   Number 1588 is before the house.  

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   1588, by the Assembly Committee on Rules, 

21   Assembly Print 10135, an act to amend Part H of 

22   Chapter 1 of the Laws of 2003.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4731

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Krueger to explain her vote.

 7                SENATOR KRUEGER:   Thank you, 

 8   Mr. President.

 9                So I've been waiting years for this 

10   Legislature to finally fix a broken system, the 

11   brownfields reimbursement and cleanup program 

12   with tax credits attached.

13                We're not doing it again.  We're 

14   doing an extender.  There is a little good news; 

15   there's $100 million included in this bill to 

16   help fill our gap in Superfund funding, and I'm 

17   very glad to see that.  But in exchange for 

18   that, we end up with a straight extender on 

19   brownfields legislation.  

20                Why should we care?  Right now it's 

21   estimated the State of New York faces a 

22   $3.3 billion liability -- again, 3.3 billion, 

23   with a B, liability -- based on the previous law 

24   that we are neither fixing, ending, simply 

25   extending.


                                                               4732

 1                We could almost pay for the 

 2   Tappan Zee Bridge with that money, and we 

 3   haven't figured out how we're going to pay for 

 4   that bridge other than a proposal to raid 

 5   environmental funds to do so.

 6                There are projects that have moved 

 7   forward where they are entitled to these funds 

 8   under the old law and will continue to try to 

 9   claim, under extenders, they have the right to 

10   even more of these funds, projects that are 

11   publicly stated to have been going forward 

12   whether or not public money was invested in them 

13   through tax credits.  

14                The Ritz Carlton in White Plains, 

15   the Rensselaer power plant, it's a fairly 

16   extensive list.  Projects in my own district 

17   which, interestingly, is neither a low-income or 

18   dangerous from a brownfields perspective part of 

19   the State of New York.  

20                The research shows that almost 

21   60 percent of the projects that have claimed tax 

22   credits are located in areas with unemployment 

23   levels of less than 10 percent and 60 percent of 

24   the projects are in areas that have less than 

25   20 percent poverty rate among families.  


                                                               4733

 1                Why does that matter?  Because when 

 2   we set up the brownfields program, we said we 

 3   were going to design a program that would assure 

 4   use of underutilized land and creation of 

 5   economic activity in areas where people were 

 6   poor, where people were unemployed, in fact 

 7   where people were of color.  And in fact the 

 8   results, after years of this program being in 

 9   operation, are just the opposite.  

10                We had another year, another chance 

11   to get it right.  I just don't understand why we 

12   can't do the right thing, even as we move along 

13   too often doing the wrong thing or nothing.  We 

14   know what the answers are.  We simply refuse to 

15   sit down and negotiate the right answer for 

16   brownfields.  And it's very disturbing that yet 

17   again, this is what we're doing.  

18                I vote no, Mr. President.  

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Krueger to be recorded in the negative.

21                Senator LaValle to explain his 

22   vote.

23                SENATOR LaVALLE:   I'll follow 

24   Senator Grisanti.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4734

 1   Gianaris to explain his vote.

 2                SENATOR GIANARIS:   No.

 3                ACTING PRESIDENT GRIFFO:   No?  

 4                Senator O'Brien to explain his 

 5   vote.

 6                SENATOR O'BRIEN:   Thank you, 

 7   Mr. President.

 8                As Senator Krueger indicated, this 

 9   bill does provide a short-term extension of the 

10   Brownfield Cleanup Program, which does need to 

11   be done, and I intend to support an extension.  

12                But we also have to be cognizant of 

13   the fact that the State Comptroller has 

14   concerns, the Governor's Tax Commission has 

15   concerns.  And environmental groups have all 

16   concluded that the program as it exists has been 

17   wasteful by not targeting the focus of 

18   brownfield cleanup on projects that need public 

19   subsidies to go forward.  Even the DEC does not 

20   support the idea of straight extender with no 

21   reform on how project money is allocated.

22                I think it's necessary to extend 

23   the program, but we need to use the time 

24   extension to craft better legislation, and I 

25   look forward to being part of that effort.


                                                               4735

 1                Mr. President, I vote aye.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   O'Brien to be recorded in the affirmative.

 4                Senator Kennedy to explain his 

 5   vote.

 6                SENATOR KENNEDY:   Thank you very 

 7   much, Mr. President.  

 8                First of all, I want to thank the 

 9   bill's sponsor for bringing this important 

10   legislation to a vote today.  

11                This legislation is imperative that 

12   we move forward with the brownfield 

13   redevelopment program.  There's an added bonus 

14   of the Superfund financing.  This is an 

15   extender.  And while this isn't perfect, this 

16   allows the program to continue to the level that 

17   we need it.  And in areas like my district in 

18   Buffalo and Western New York, the City of 

19   Buffalo, the Town of Cheektowaga, the City of 

20   Lackawanna, I believe my district has more 

21   brownfields than any other district in the 

22   state.  

23                And because of the Brownfield 

24   Cleanup Program, it's enabled our community to 

25   establish new swaths of land that are ripe for 


                                                               4736

 1   redevelopment that companies and corporations 

 2   are actually moving into Western New York for 

 3   the first time in generations, to establish 

 4   their corporations, to bring jobs by the 

 5   thousands.  And it's because of the Brownfield 

 6   Cleanup Program and the successes and the 

 7   positive decisions that have been made in this 

 8   chamber and in Assembly in the past that allow 

 9   this program to exist.  

10                And with that said, Mr. President, 

11   I vote aye.  I ask my colleagues to join in this 

12   vote as well.  Thank you.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Kennedy to be recorded in the affirmative.

15                Senator Latimer to explain his 

16   vote.

17                SENATOR LATIMER:   Thank you, 

18   Mr. President.

19                In a football game, you get four 

20   downs to make 10 yards, but if you don't make 

21   10 yards after three downs, when you get to your 

22   fourth down you can't risk it, so you punt.  And 

23   that's what this bill.  This is a punt.  We have 

24   not been able to accomplish the first down, and 

25   we don't have the opportunity to risk not 


                                                               4737

 1   leaving session without having some version of 

 2   an extension to get us through next year.

 3                The most important element of this 

 4   bill needs to be negotiated in the budget, 

 5   because it is a budgetary issue of some 

 6   significant importance.  And we've talked about 

 7   the impact to economic development as well as 

 8   the importance to the environment.

 9                So I rise to support this bill 

10   because it's the fourth down and we have no 

11   choice.  We can't turn the ball over in our end.  

12   But I would suspect that there is plenty of 

13   opportunity before we get to one day after these 

14   sessions close a year from now, whether I'm 

15   sitting in this chair or not, that we negotiate 

16   a three-way deal on brownfields, that it takes 

17   into account the needs of the environmental 

18   community, the development community, we get a 

19   predictable program that people know what can be 

20   funded and what can be done, and next year at 

21   this time we don't find ourselves having to punt 

22   again.

23                Thank you, Mr. President.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Latimer to be recorded in the affirmative.


                                                               4738

 1                Senator Grisanti to explain his 

 2   vote.

 3                SENATOR GRISANTI:   Yes, thank you, 

 4   Mr. President.

 5                I don't consider this a punt, I 

 6   actually consider this a field goal.  Because if 

 7   you put points on the board, sometimes you win 

 8   at that game as well.  So I don't consider this 

 9   a punt at all.

10                And Senator Krueger is absolutely 

11   right.  We've been trying for years to try to 

12   get a three-way agreement.  My office, our 

13   Senate conference has been battling for years to 

14   try to get a three-way agreement.  What's 

15   unfortunate is in one house you have part of 

16   that agreement that takes out certain parts of 

17   the state.  In another part of the house, you 

18   have agreement to take out other parts of the 

19   state.  So what does that leave you?  It leaves 

20   everybody not on the same page.

21                But let me tell you the positives 

22   with the Brownfield Cleanup Program that in my 

23   opinion has been one of the state's leading 

24   remediation and sustainable economic development 

25   programs that we have right now.  


                                                               4739

 1                It's made hundreds of cleanups 

 2   possible across the state, reducing blight and 

 3   restoring properties to the tax rolls.  That's 

 4   one of the main objectives.  Leveraged over 

 5   $7 billion, $7 billion in private dollars for 

 6   cleanup, 20,000 jobs, and at least 40,000 

 7   construction jobs.  I don't know any other 

 8   program that's doing that at this point in time.  

 9                For every dollar of state credit 

10   invested, there's over $3 in taxes gained.  For 

11   every dollar of state credit also given, you 

12   have $7 of private money that's matched.  It is 

13   smart growth, smart economics.  Yes, it has its 

14   problems, but it is still working.  

15                Now, this year we're facing a 

16   sunset in 2015.  For those of you who want to 

17   have it sunset, go ahead and vote no and watch 

18   the economic blight.  

19                This bill extends the sunset, 

20   allows the program to continue, provide the 

21   necessary incentives to get the brownfields 

22   cleaned up and redeveloped.  It takes over a 

23   three-year average to get into a site.  So now 

24   we have organizations that are in the site right 

25   now that if we have it expire in 2015, they're 


                                                               4740

 1   going to get shut out.  And you can't get 

 2   anybody new into the program because the time 

 3   period is too short because it takes at least 

 4   three years to remediate.  

 5                Provides over $300 million in new 

 6   bonding for the state Superfund that was 

 7   mentioned.  That's for hazardous waste cleanup.  

 8   Anybody else have legislation dealing with 

 9   hazardous waste cleanup?  No.  I've pushed for 

10   measures to reform and extend the brownfield 

11   program since I took office.  We are going to 

12   have hearings on this matter coming up, probably 

13   in the fall.  

14                But I can tell you that if this 

15   program were to expire, this happens to be 

16   devastating for communities statewide, resulting 

17   in huge job loss both upstate and downstate.  

18   And as I said before, the Senate, the Assembly, 

19   the Governor's office, we were close on certain 

20   issues.  Unfortunately, things then blow up.  We 

21   need to get together, work remains to be done.  

22                But this legislation I urge you all 

23   to vote aye on, and I call on the Assembly and 

24   the Governor to continue with those discussions 

25   that we had with our legislation that actually 


                                                               4741

 1   protected the entire state, not piecemealing and 

 2   alienating one part of the state over the other.  

 3                Our legislation I feel in our 

 4   Senate conference benefited the entire state, 

 5   and that's what I'm going to be pushing for and 

 6   that's what we'll be having hearings on.  

 7                I vote aye.  We cannot let this 

 8   expire.  I urge my colleagues to vote aye as 

 9   well.  

10                Thank you, Mr. President.  

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Grisanti to be recorded in the affirmative.

13                Senator LaValle to explain his 

14   vote.

15                SENATOR LaVALLE:   Thank you, 

16   Mr. President.

17                And I rise to support this 

18   legislation.  And I know that Senator Grisanti 

19   worked very, very hard.  And I almost thought at 

20   one point that we were going to have a 

21   brownfields bill.  

22                I like your spirit, Senator 

23   Grisanti -- your cup is half full -- your grit.  

24   And I'm very heartened to see members from all 

25   over the state saying that the time has come to 


                                                               4742

 1   get a bill that works.

 2                I can remember years when Senator 

 3   Marcellino was chairman of the EnCon Committee, 

 4   and probably his greatest frustration was coming 

 5   to, as Senator Latimer said, very close to 

 6   putting it over the goal line and being pushed 

 7   back and having great frustration.

 8                Members have talked about all the 

 9   great sense that a brownfields bill can mean.  

10   For me in my area, it can make difference in 

11   electric rates by repowering a plant in 

12   Port Jefferson, or the other plants that would 

13   be repowered.  

14                And so there are various good 

15   reasons for why a bill should be done.  And I 

16   cannot understand why this Legislature walks 

17   away, like Linus with his blanket, and says, 

18   "Ah, we fell short."  This has to be done in the 

19   budget in 2015.

20                I vote aye.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   LaValle to be recorded in the affirmative.

23                Senator Marcellino to explain his 

24   vote.

25                SENATOR MARCELLINO:   Thank you, 


                                                               4743

 1   Mr. President.

 2                I listened to the debate with some 

 3   interest.  I wrote and carried the initial 

 4   brownfield bill.  The State Comptroller, the 

 5   current State Comptroller Tom DiNapoli, was then 

 6   chair of the EnCon Committee in the Assembly.  

 7   We worked together with Governor Pataki at the 

 8   time to forge legislation to clean up blighted 

 9   areas of our state.  

10                We remember Love Canal.  We 

11   remember the devastation.  We all live in 

12   neighborhoods where you have that gas station on 

13   the corner which is full of graffiti and it's an 

14   ugly eyesore and it spreads like a cancer 

15   throughout the community.  It ruins the 

16   neighborhood.  Nobody wants to have a business 

17   next to it, nobody wants to live near it.  So 

18   communities are devastated when this doesn't 

19   work.  

20                So we developed a program.  At one 

21   time I carried five different brownfields bills 

22   from five different organizations to work to put 

23   this thing together.  It has been very 

24   successful in this state.  And we've modified it 

25   more than once, to tweak it and fix it when we 


                                                               4744

 1   found some problems.  We created the BOAs, the 

 2   Brownfield Opportunity Areas, to give 

 3   communities input as to what goes on and where 

 4   the development would take place and what sites 

 5   would be cleaned up and how they would be 

 6   cleaned up.  They had input.  

 7                I resent people who say communities 

 8   are cut out, that no one has input, it's a 

 9   failure.  Where the hell were you?  Most of you 

10   who were talking weren't even in the Senate at 

11   the time.  What were you reading, history books?  

12   Read another book.  I suggest Dr. Seuss.  

13                This program cannot be allowed to 

14   fail.  This program cannot be allowed to go by 

15   the wayside.  It is an economic engine, it is 

16   opportunity, it creates jobs, it puts 

17   businesses, it puts open sites back on the 

18   payroll, back on the tax rolls.  It cleans up 

19   communities.  It gives them a future.  It gives 

20   people an opportunity to feed their families and 

21   live in good clean areas with good clean water, 

22   open space and clean air.  

23                I'm proud of what we did then.  I'm 

24   proud of what's being done now.  We could do 

25   more.  Could we improve this program?  


                                                               4745

 1   Absolutely.  Let's do it.  Let's stop talking 

 2   about it.  Let's stop playing one neighborhood, 

 3   one community, one part of the state against 

 4   another, one political party against another 

 5   political party for political gains.  

 6                This is for people's lives, and I 

 7   resent people who put it on anything else but 

 8   that.  This makes people's lives better.  

 9                Mr. President, I'm proud to vote 

10   aye and hope everyone will join us in an aye 

11   vote on this very important piece of 

12   legislation.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Marcellino to be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   Ayes, 58.  Nays.  

17   1.  Senator Krueger recorded in the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                That completes the noncontroversial 

21   reading of the Senate calendar of the day, 

22   Senator Libous.

23                Could I have some order in the 

24   house.

25                SENATOR LIBOUS:   Mr. President, 


                                                               4746

 1   we'll in a minute do the controversial reading, 

 2   but we're not ready this second.

 3                ACTING PRESIDENT GRIFFO:   I'll 

 4   have the Secretary ring the bell.

 5                (Pause.)

 6                SENATOR LIBOUS:   Mr. President, 

 7   could we have the controversial reading of the 

 8   calendar, please.

 9                ACTING PRESIDENT GRIFFO:   We will 

10   have the controversial reading of the calendar.

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   1659, by Member of the Assembly Gottfried, 

14   Assembly Print 6357E, an act to amend the 

15   Public Health Law.

16                SENATOR LIBOUS:   Mr. President, is 

17   there a message?  

18                ACTING PRESIDENT GRIFFO:    There 

19   is a message of necessity from the Governor on 

20   the desk.

21                SENATOR LIBOUS:   Move to accept 

22   the message.

23                ACTING PRESIDENT GRIFFO:   All in 

24   favor of accepting the message of necessity of 

25   the Governor signify by saying aye.


                                                               4747

 1                (Response of "Aye.")

 2                ACTING PRESIDENT GRIFFO:   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   message is accepted and the bill is before the 

 6   house.

 7                Senator Savino.

 8                SENATOR SAVINO:   Thank you, 

 9   Mr. President.

10                This bill would create a new 

11   Title 5-A in Article 33 of the Public Health 

12   Law, allowing for the sale, manufacture and use 

13   of medical marijuana for patients that would be 

14   certified by the Department of Health, by the 

15   Commissioner of Health, upon the recommendation 

16   of their treating physician for a severe, 

17   serious, debilitating, life-threatening 

18   condition.  

19                Those conditions are set out in the 

20   statute, and they also allow for the 

21   Commissioner of Health to expand them, 

22   particularly some within the first 18 months, 

23   based upon the science and the medicine.  It 

24   would allow for the licensing of up to five 

25   registered organizations that would be the 


                                                               4748

 1   manufacturer of medical marijuana.  

 2                The forms of that medical marijuana 

 3   would be determined by the Commissioner of 

 4   Health.  It expressly prohibits the sale of a 

 5   smokeable form of marijuana, but allows for the 

 6   development, the manufacture and the 

 7   distribution of all of other forms, including 

 8   infusibles, including vaporizable products, 

 9   including edibles and any other form that the 

10   Commissioner would so determine.  

11                It creates the process of 

12   developing what's called a seed-to-sale 

13   vertically integrated model, which would lead to 

14   the most tightly controlled, highly regulated 

15   system that we here in New York State would 

16   demand no less from.  

17                It goes on also to amend Tax Law, 

18   Article 20B, to create an excise tax that would 

19   produce up to 7 percent of gross receipts tax.  

20   It would establish a medical marijuana trust 

21   fund, where 50 percent of the money coming in 

22   from the excise tax would go to the State of 

23   New York, 22.5 percent of the money would go to 

24   counties where a registered organization is in 

25   existence, 22.5 percent would go to the counties 


                                                               4749

 1   where they have dispensaries.  There can be up 

 2   to 20 dispensaries attached to those five 

 3   registered organizations.  Five percent of the 

 4   excise tax would go to OASAS, 5 percent would go  

 5   to DCJS.  

 6                We would create a new E felony for 

 7   doctors abusing this system.  There is a 

 8   seven-year sunset on this in the event that we 

 9   want to reexamine the program, as we do on so 

10   many other things -- there are so many things 

11   that sunset in this house and in this 

12   Legislature.  So I have a prediction that we 

13   will be renewing this every year.  

14                In this bill as well we have a very 

15   clear position with respect to labor peace.  We 

16   find that New York State has a significant and 

17   ongoing economic and non-regulatory interest in 

18   the financial viability of organizations that 

19   sell marijuana for medical use.  We find that 

20   that financial viability would be greatly 

21   diminished and threatened by labor-management 

22   disruptions and conflicts such as a strike at 

23   that facility that would cultivate marijuana, 

24   especially because of the need for enhanced 

25   security concerning these products.  


                                                               4750

 1   Replacements during a strike would be difficult 

 2   to arrange and cause delay, far more significant 

 3   than a strike anywhere else.  

 4                And so therefore we find that the 

 5   state has a substantial and compelling 

 6   proprietary interest in this matter and find 

 7   that labor peace is essential for any 

 8   organization to conduct business relating to the 

 9   sale of marijuana.

10                We also find that the Governor and 

11   the Commissioner of Health and the 

12   Superintendent of Police have a strong and 

13   compelling interest in making sure that this 

14   program is run with a considerable degree of 

15   security, and as a result of that, the 

16   Commissioner and the Superintendent of Police 

17   have the ability to make a recommendation to the 

18   Governor to suspend the program if he or they 

19   believe that there is a substantial risk to 

20   public health.

21                Thank you, Mr. President.  I'll 

22   take any questions now.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   DeFrancisco.

25                SENATOR DeFRANCISCO:   Yes.  First 


                                                               4751

 1   I'd like to say that I'm very, very pleased that 

 2   the leadership of this house determined that we 

 3   would be discussing this bill at quarter to 

 4   12:00 in the morning so that it could be fully 

 5   discussed so people know actually what's in the 

 6   bill and people know what's good about it and 

 7   what's bad about it.

 8                I know last night there were many, 

 9   many advocates here waiting for the result of 

10   this particular legislation.  They're back 

11   today.  They look much fresher today than they 

12   did last night.  And they could listen to the 

13   debate and see what bill they're really 

14   supporting or not supporting.  And so I'm very 

15   pleased about that.  

16                I also want to congratulate 

17   Senator Savino.  It was mentioned earlier by 

18   Senator LaValle that Grisanti was I think like a 

19   bulldog, or words to that effect.  Well, I think 

20   Senator Savino has shown that same spirit and 

21   tenacity to get a bill done.  It's not the bill 

22   she wanted or was promoting in the beginning of 

23   the year, but it's a bill that most likely today 

24   is going to pass.  That would be my guess, 

25   judging from comments made by several people.


                                                               4752

 1                Secondly, there is no one, no one 

 2   that doesn't understand the people who are 

 3   promoting this bill for their own health or for 

 4   their loved one's health and the like.  And I 

 5   told many people many times that I wanted to 

 6   think this thing through and I wanted to ask 

 7   questions, make sure what the final bill is.

 8                First, I can say with respect to 

 9   the final bill it's light-years better than the 

10   initial bill because there's much more control 

11   and there's much more supervision and there's an 

12   ability to restart in the event that the first 

13   start didn't work right or there are problems 

14   with it.  

15                So what I'd like to do next is to 

16   ask just a few questions of Senator Savino and 

17   make comments about my logic behind my vote 

18   today.  

19                Would you yield, Senator Savino?  

20                SENATOR SAVINO:   Certainly, 

21   Senator DeFrancisco.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Savino yields, Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   Senator 

25   Savino, I know this bill was tightened up 


                                                               4753

 1   substantially by limiting the number of 

 2   conditions that would be eligible to get a 

 3   marijuana card or identification card and get 

 4   the treatment.  But there's one here that I 

 5   think is -- could be extremely broad and could 

 6   qualify most people that have back pain to be 

 7   able to get a card, and it's the one concerning 

 8   the back condition.  

 9                Are you familiar with that 

10   provision?

11                SENATOR SAVINO:   Senator 

12   DeFrancisco -- through you, Mr. President -- I'm 

13   assuming that you're referring to the condition 

14   that is listed in -- under "serious conditions," 

15   meaning, among others, damage to the nervous 

16   tissue of the spinal cord with objective 

17   neurological indication of intractigle -- 

18   intractable spasticity.

19                SENATOR DeFRANCISCO:   Okay.  Now, 

20   that's -- it's easy for you to say.

21                (Laughter.)

22                SENATOR DeFRANCISCO:   But 

23   seriously, if a doctor diagnoses this condition, 

24   he could or she could prescribe medical 

25   marijuana; correct?  


                                                               4754

 1                SENATOR SAVINO:   Through you, 

 2   Mr. President, if a patient has been diagnosed 

 3   with this condition and is under the treatment 

 4   of a physician who is trained to treat a person 

 5   with that condition, he or she could be 

 6   recommended to be a medical marijuana patient 

 7   under this statute.

 8                SENATOR DeFRANCISCO:   Okay.  

 9   And --

10                ACTING PRESIDENT GRIFFO:   Senator 

11   DeFrancisco, would you like Senator Savino to 

12   continue to yield?

13                SENATOR DeFRANCISCO:   Yes, please.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Savino, do you continue to yield?  

16                SENATOR SAVINO:   Yes, 

17   Mr. President.

18                SENATOR DeFRANCISCO:   Now, as far 

19   as a physician that's going to be treating the 

20   individual, are there physicians that are out 

21   there that can determine the proper dosage of 

22   whatever form of marijuana is being prescribed?

23                SENATOR SAVINO:   Through you, 

24   Mr. President, under the bill that we are 

25   considering today, prior to -- a physician who 


                                                               4755

 1   would be a treating physician qualified to treat 

 2   a patient with one of the underlying qualifying 

 3   conditions, prior to their ability to prescribe 

 4   medical marijuana for a patient, they would have 

 5   to attend a training course in the prescribing 

 6   of medical marijuana for patients approved by 

 7   the State Commissioner of Health before they can 

 8   begin to do that, so that they could familiarize 

 9   themselves with the practice of prescribing 

10   medical marijuana.  

11                Because as you know, 

12   Senator DeFrancisco, there are no pharmaceutical 

13   reps coming in to train doctors on this.  So we 

14   feel very strongly that prior to doctors 

15   starting, they must obtain that training.

16                SENATOR DeFRANCISCO:   Would the 

17   Senator continue to yield?  

18                SENATOR SAVINO:   Yes.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Savino yields.

21                SENATOR DeFRANCISCO:   And that 

22   training, is it two hours?  

23                SENATOR SAVINO:   The statute says 

24   it could be two to four hours.  But it could be 

25   longer.  It's up to the Commissioner to 


                                                               4756

 1   determine the training protocol.  Which could 

 2   ultimately be potentially eligible for CME 

 3   credits.

 4                SENATOR DeFRANCISCO:   All right.  

 5   Would you continue to yield, please?

 6                SENATOR SAVINO:   Yes.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Savino yields.

 9                SENATOR DeFRANCISCO:   And who 

10   determines the standards for -- you mentioned a 

11   pharmaceutical company.  A pharmaceutical 

12   company, they provide a prescription and I 

13   assume they also provide information that would 

14   help the doctor provide the appropriate dosage.  

15   Now, who's going to determine, you know, what 

16   are the proper dosage for certain conditions and 

17   the like?  

18                SENATOR SAVINO:   The Commissioner 

19   of Health will determine what the appropriate 

20   dosages are.  That information will be shared 

21   with the physicians in their training process.  

22   And when the product is dispensed, it will also 

23   be -- similar to when you get prescription drugs 

24   in a pharmacy, there will be an insert provided 

25   to the patient to explain the use and the 


                                                               4757

 1   dosing.  It will also be on their packaging.

 2                SENATOR DeFRANCISCO:   Would you 

 3   continue to yield?  

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Savino yields.

 6                SENATOR SAVINO:   Yes.

 7                SENATOR DeFRANCISCO:   And is it 

 8   fair to say that at this moment in history the 

 9   Health Commissioner has no clue what the proper 

10   dosages are for different conditions?  

11                SENATOR SAVINO:   Well, I'm not 

12   sure if I would say it's fair, because I'm not 

13   quite sure what's in his mind.  

14                He does have, however, 18 months 

15   from the date of the enactment to begin, through 

16   the process -- to begin the process of adopting 

17   regulations for the implementation of this.  I 

18   would assume if Dr. Zucker, who's a learned 

19   physician, has questions about it, he will take 

20   it upon himself to be fully versed in it before 

21   he issues regulations with respect to dosage.

22                SENATOR DeFRANCISCO:   Would you 

23   continue to yield?  

24                SENATOR SAVINO:   Yes.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4758

 1   Savino yields.

 2                SENATOR DeFRANCISCO:   Now, you 

 3   realize that the Health Commissioner has taken 

 4   three years to figure out fracking; correct?  

 5   Four years.  Do you think 18 months is enough?  

 6                SENATOR SAVINO:   Through you, 

 7   Mr. President.  With all due respect, 

 8   Senator DeFrancisco, that was a different 

 9   Health Commissioner.  So I'm going to hope that 

10   this Health Commissioner is a little more 

11   expeditious than the previous one.

12                SENATOR DeFRANCISCO:   All right.  

13   But on a serious note, this whole system is 

14   obviously very employee-intensive.  And the 

15   Health Department in many areas has a difficult 

16   time in view of the lack of staff.  

17                Is there anything in this bill that 

18   provides additional staff to implement all of 

19   these new regulations to supervise all of the 

20   doctors to make sure that the training's proper 

21   and the like?

22                SENATOR SAVINO:   Through you, 

23   Mr. President, there are no additional resources 

24   in this bill.  

25                However, there is expected to be 


                                                               4759

 1   significant resources derived from the initial 

 2   application process by -- of the potential 

 3   registry organizations and the license fees.

 4                The Commissioner and the Governor's 

 5   office feel that they can accomplish the initial 

 6   phase within 18 months.  They may need a -- they 

 7   do, though, however, under the bill have the 

 8   right to extend that initial process if need be, 

 9   if they feel the system is not up and running.

10                And it's up to the Legislature to 

11   make sure that they abide by the timelines that 

12   are in the statute.

13                SENATOR DeFRANCISCO:   Thank you.  

14   A couple of other questions.  Senator Savino, 

15   would you yield?  

16                SENATOR SAVINO:   Yes.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Savino yields.

19                SENATOR DeFRANCISCO:   And when can 

20   companies start applying to become one of these 

21   manufacturers, distributors and the like?  

22                SENATOR SAVINO:   Through you, 

23   Mr. President.  Again, that's up to the 

24   Commissioner of Health, as soon as they 

25   promulgate the rules and regulations for the 


                                                               4760

 1   license application process.

 2                SENATOR DeFRANCISCO:   Okay.  Thank 

 3   you.

 4                Now, I understand in the bill the 

 5   Commissioner also will determine the price of 

 6   the -- whatever form of marijuana it may be; is 

 7   that correct?  

 8                SENATOR SAVINO:   Through you, 

 9   Mr. President, yes.

10                SENATOR DeFRANCISCO:   And that's 

11   one price?  

12                SENATOR SAVINO:   It -- that -- 

13   through you, Mr. President, it's not exactly 

14   sure.  Because the way you develop the price, 

15   there's several different formularies that they 

16   could adopt.  

17                One of the things is to look at 

18   what the street value of the unauthorized or 

19   unregistered product would be, which is 

20   essentially the black market price, which could 

21   be shared with us through the State Police.  

22                Then there's a few different 

23   methods that they could use.  You want to make 

24   sure that the product is not that much more 

25   expensive than the street value, to avoid the 


                                                               4761

 1   potential that people will just go out and buy 

 2   it on the black market.

 3                SENATOR DeFRANCISCO:   Will the 

 4   Senator continue to yield?

 5                SENATOR SAVINO:   Yes.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Savino yields.

 8                SENATOR DeFRANCISCO:   And the 

 9   cost -- excuse me.  Is the lang -- what you just 

10   mentioned about the methodologies, the set 

11   price, is that anywhere in the bill?  

12                SENATOR SAVINO:   Through you, 

13   Mr. President, it says in the bill that the 

14   price will be decided by the Commissioner.  The 

15   formulary that he uses will be determined in the 

16   regulations.

17                SENATOR DeFRANCISCO:   Will you 

18   continue to yield?  

19                SENATOR SAVINO:   Yes.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Savino yields.

22                SENATOR DEFRANCISCO:   And so 

23   there's no guidance in the bill as to how he'll 

24   set the price?  

25                SENATOR SAVINO:   Through you, 


                                                               4762

 1   Mr. President, no.

 2                SENATOR DeFRANCISCO:   May I ask 

 3   her another question, please.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Savino yields.

 6                SENATOR SAVINO:   Yes.

 7                SENATOR DeFRANCISCO:   Now, it's 

 8   here in the bill, is it not, that this medicine 

 9   is -- the marijuana is not to be reimbursed by 

10   health insurance; is that correct?  

11                SENATOR SAVINO:   Through you, 

12   Mr. President, yes.  Correct.

13                SENATOR DeFRANCISCO:   And knowing 

14   your concern for the poor throughout your tenure 

15   here, doesn't that help -- doesn't this bill 

16   help the 1 percent and not the 99 percent?

17                SENATOR SAVINO:   Through you, 

18   Mr. President.  People suffer in all economic 

19   levels in our society from the diseases that 

20   will be covered by this bill.  Certainly we have 

21   a concern about making sure that people will be 

22   able to afford the product.  In that, we will be 

23   I'm sure aided by the Commissioner of Health to 

24   develop a product price that is attainable for 

25   people.  


                                                               4763

 1                Many of the license holders will 

 2   also be involved in that.  It happens in other 

 3   states, and shockingly, they have poor people in 

 4   Colorado and Connecticut.  And it's generally 

 5   the registered organizations that help develop 

 6   that.  

 7                But one thing is true.  As people 

 8   become medical marijuana patients and begin to 

 9   use it regularly to deal with the symptoms of 

10   their diseases, they become less reliant on the 

11   very expensive pharmaceutical drugs that they're 

12   taking, eliminating the copays.  So sometimes 

13   their out-of-pocket expenses are offset by no 

14   longer having to pay those very expensive copays 

15   for those drugs.

16                SENATOR DeFRANCISCO:   Would 

17   Senator Savino continue to yield.

18                SENATOR SAVINO:   Yes, 

19   Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Savino yields.

22                SENATOR DeFRANCISCO:   And this 

23   type of treatment is not covered by either 

24   Medicare or Medicaid, is it?

25                SENATOR SAVINO:   No.  No insurance 


                                                               4764

 1   carrier or company will pay for it.  In any 

 2   state.

 3                SENATOR DeFRANCISCO:   All right.  

 4                Now, with respect to those who are 

 5   going to manufacture or distribute and the like, 

 6   I read in the bill that the individuals who are 

 7   doing that, and their employees, cannot have 

 8   been convicted of the possession or sale, a 

 9   felony possession or sale of drugs, narcotics or 

10   controlled substances; correct?  

11                SENATOR SAVINO:   Correct.

12                SENATOR DeFRANCISCO:   All right.  

13   What about other felonies?

14                SENATOR SAVINO:   There's no ban on 

15   other felons.

16                However, registered organization 

17   applicants will have to submit -- through the 

18   licensing process, they will have to attest to 

19   their good moral character and divulge any 

20   criminal backgrounds.  But the permanent ban 

21   only applies to those with felony drug 

22   convictions.

23                SENATOR DeFRANCISCO:   Would 

24   Senator Savino continue to yield.

25                SENATOR SAVINO:   Yes.


                                                               4765

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Savino yields.

 3                SENATOR DeFRANCISCO:   So 

 4   individuals who will have been convicted of 

 5   being involved in a criminal enterprise or 

 6   racketeering or an organization such as that, 

 7   under the bill there's no prohibition for them 

 8   to start a new industry in the State of New York 

 9   as long as they have a labor peace agreement?  

10                SENATOR SAVINO:   Through you, 

11   Mr. President, if you're asking is there a ban 

12   on anybody else other than felony drug 

13   convictions, the answer to that question is no.

14                However, because the Commissioner 

15   of Health is yet to develop the rules and 

16   regulations to determine who can apply for a 

17   license, they can take into consideration an 

18   individual's criminal history and determine 

19   whether or not they are of good moral character 

20   and should be granted a license to distribute, 

21   sell, or manufacture medical marijuana.

22                SENATOR DeFRANCISCO:   Now, have 

23   there been any potential -- would she continue 

24   to yield?  

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4766

 1   Savino yields.

 2                SENATOR SAVINO:   Yes.

 3                SENATOR DeFRANCISCO:   Are there 

 4   any potential manufacturers that you could name 

 5   presently?  

 6                SENATOR SAVINO:   Through you, 

 7   Mr. President, there are several.  There's one 

 8   here in the chamber, Gaia, which operates in 

 9   Colorado, and I think they have applied for 

10   licensing in Illinois and Connecticut.

11                SENATOR DeFRANCISCO:   Okay.  All 

12   right.

13                SENATOR SAVINO:   Shout-out to Gaia 

14   in the chamber there.

15                (Laughter.)

16                SENATOR DeFRANCISCO:   Now, you do 

17   have certain criminal provisions in here 

18   concerning diversion of drugs; correct?  

19                SENATOR SAVINO:   Through you, 

20   Mr. President, yes.

21                SENATOR DeFRANCISCO:   And would 

22   she continue to yield?  

23                SENATOR SAVINO:   Yes.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Savino yields.


                                                               4767

 1                SENATOR DeFRANCISCO:   And how do 

 2   those penalties for diverting drugs compare to 

 3   the penalties presently for possessing and 

 4   selling drugs?

 5                SENATOR SAVINO:   Through you, 

 6   Mr. President, we are creating a new Article 179 

 7   in the statute.  That was very important to the 

 8   Governor.  Seeing as we had just recently gone 

 9   through this focus on prescription drug abuse 

10   and how it's led to overusage of heroin in our 

11   society, he felt very strongly that we needed to 

12   create a new diversion of medical marijuana in 

13   the penal code.  

14                And it is directed mostly at 

15   potential physicians who would attempt to abuse 

16   the system knowingly, not unknowingly.  That 

17   would be a doctor who knows that a patient does 

18   not qualify under this statute, does not have 

19   one of these underlying conditions, and chooses 

20   to attempt to defraud the system by providing 

21   them with a certification recommendation.  That 

22   would be a Class E felony under this law.  

23                For patients who knowingly violate 

24   the statute, it would be -- a B misdemeanor?  B 

25   misdemeanor.  


                                                               4768

 1                In addition, if you were to violate 

 2   this statute by the unlawful use of marijuana, 

 3   you would also fall subject to being prosecuted 

 4   under the Penal Code 221, which is what covers 

 5   unlawful use of marijuana, which is unlawful 

 6   under all circumstances except for this law, if 

 7   you are covered by it.  And you would also be in 

 8   violation of Public Health Law, which is also a 

 9   misdemeanor.  

10                SENATOR DeFRANCISCO:   Would the 

11   Senator continue to yield?  

12                SENATOR SAVINO:   Yes.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Savino yields.

15                SENATOR DeFRANCISCO:   Under the 

16   bill the way I read it, criminal diversion of 

17   medical marijuana in the first degree is also 

18   labeled under the bill as a hate crime; correct?

19                SENATOR SAVINO:   Excuse me one 

20   moment, Senator DeFrancisco.

21                SENATOR DeFRANCISCO:   It's -- at 

22   least the pages I've got, it's page 23, part of 

23   paragraph 5.

24                SENATOR SAVINO:   Senator 

25   DeFrancisco, I think you're referring to the 


                                                               4769

 1   issue of nondiscrimination of employees.  That 

 2   would stand -- so that an employee -- let me 

 3   find it.  It's on page 26, you said?

 4                SENATOR DeFRANCISCO:   I was 

 5   talking about page -- I'll get to disability in 

 6   a minute.  But page 23, paragraph 5.

 7                SENATOR SAVINO:   One moment, 

 8   please.

 9                SENATOR DeFRANCISCO:   I believe 

10   that paragraph talks about the hate -- the 

11   offenses that are part -- which make a crime a 

12   hate crime.  And this bill appears to make 

13   criminal diversion of medical marijuana in the 

14   first degree a hate crime under that law.

15                If you don't know, I'll get off of 

16   it.

17                SENATOR SAVINO:   I don't even see 

18   it in the bill, Senator.  Page 23?

19                SENATOR DeFRANCISCO:   Yeah.  I 

20   don't know, I may have a different print, but 

21   it's --

22                SENATOR SAVINO:   You may have a 

23   different print.

24                SENATOR DeFRANCISCO:   All right, 

25   Section 10.  Excuse me, Section 11.  Section 11, 


                                                               4770

 1   and then it goes into 5.

 2                SENATOR SAVINO:   I am not familiar 

 3   with that section of the bill.  I don't see it 

 4   in front of me.

 5                SENATOR DeFRANCISCO:   Okay, that's 

 6   all right.  It's not an important point.  I just 

 7   was going to try to find out what the rationale 

 8   was to make this a hate crime.

 9                You mentioned disability, and I'm 

10   just about done.  Is it fair to say under this 

11   bill that if you're a card-carrying patient that 

12   you are defined under this bill to be a person 

13   with a disability?

14                SENATOR SAVINO:   Through you, 

15   Mr. President, yes.

16                SENATOR DeFRANCISCO:   All right.  

17   And --

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Savino -- you're asking Senator Savino to 

20   continue to yield, right, Senator DeFrancisco?  

21                SENATOR DeFRANCISCO:   Please, yes.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Savino yields.

24                SENATOR DeFRANCISCO:   All right.  

25   So if -- irrespective of the underlying 


                                                               4771

 1   condition, if I have been given a card through 

 2   the procedure that you've got listed here and I 

 3   am legitimately getting medical marijuana 

 4   through whatever form that I could, on that 

 5   basis alone, that I had the card, I can apply 

 6   for disability benefits?

 7                SENATOR SAVINO:   Through you, 

 8   Mr. President, no.  The disability is as it 

 9   applies to the Human Rights Law, to protect an 

10   employee from being separated from their 

11   employment or being discriminated against in any 

12   other way solely based on the fact that they are 

13   a medical marijuana patient.

14                Through you, Mr. President, you may 

15   be entitled to disability for the disability 

16   that you have, but that would be a different 

17   discussion.

18                SENATOR DeFRANCISCO:   Okay.  Now 

19   lastly, going back to where I started at the 

20   beginning, with respect to the physician who 

21   makes the prescription, and I indicated -- you 

22   read a portion of the bill.  

23                I'm a physician.  I look at the 

24   patient, I do whatever tests, and I'm competent 

25   to make this determination.  If I find that 


                                                               4772

 1   condition causing severe debilitating back pain, 

 2   that sort of thing, as long as the physician is 

 3   acting in good faith in that diagnosis, is it 

 4   fair to say that there's no real oversight, that 

 5   that physician is protected so long as he is 

 6   acting in good faith and so long as that's his 

 7   opinion as far as the diagnosis?

 8                SENATOR SAVINO:   Through you, 

 9   Mr. President.  If the physician is a treating 

10   physician qualified to treat a patient with that 

11   underlying condition and they are acting in good 

12   faith when they make the recommendation for a 

13   certification to the Department of Health, yes, 

14   they would be in compliance with the law.

15                SENATOR DeFRANCISCO:   Okay.  Thank 

16   you.  Thank you very much.

17                SENATOR SAVINO:   Thank you.

18                SENATOR DeFRANCISCO:   On the bill.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   DeFrancisco on the bill.

21                SENATOR DeFRANCISCO:   You know, 

22   the strategy in moving this bill was absolutely 

23   brilliant.  How can you vote against a bill 

24   entitled Compassionate Care Act?  How can you do 

25   that?  


                                                               4773

 1                I mean -- and then you have people 

 2   lobby you that are the epitome of people that 

 3   you should be compassionate about.  And to their 

 4   credit, they worked very, very hard.  They 

 5   worked for a goal that they achieved at least 

 6   partway from what their original goal was.

 7                And I understand from some news 

 8   reports that Senator Savino no doubt -- and I 

 9   would be surprised if she wasn't going to keep 

10   working on this and advance the bill to a 

11   different stage as time goes on.

12                My difficulty is that despite all 

13   that -- in fact, one Senator told me that he was 

14   part of the call, the calling group -- and by 

15   the way, the people that contacted me in person 

16   always were respectful, they were always 

17   advocating in a very good way -- that they were 

18   calling because they were calling in favor of 

19   the Compassionate Care Act.  And this particular 

20   Senator said, "Do you know this has to do with 

21   legalizing medical marijuana?  What do you think 

22   of that?"  "Oh, no, I'm not in favor of that.  

23   I'm in favor of compassionate care."  As I think 

24   we all are.

25                My concern is the medical evidence 


                                                               4774

 1   and the medicine behind all of this.  And I did 

 2   a lot of research.  Many will disagree with me; 

 3   no doubt the advocates will.  However, when I 

 4   see that the Medical Society is calling for more 

 5   testing before they make a determination as to 

 6   whether there is a basis for marijuana to be 

 7   determined medicine, I have a tendency to listen 

 8   to the experts.  Not necessarily a Commissioner 

 9   of Health, not necessarily someone who's got the 

10   particular condition that wants the medicine, 

11   but the people that really are going to 

12   administer the program.

13                I also listened to people who treat 

14   addiction.  And I've talked to many, and I 

15   listened to their opinion.  I know most are 

16   saying that marijuana is not addictive.  Well, 

17   the people that I've talked to say it is.  The 

18   people that I talked to, it's a social-type drug 

19   that's shared.  And of course there's safeguards 

20   under here.  But sharing and getting access to 

21   concerned me as to where else it's going to go.

22                Now, I'll hasten to add I don't 

23   live in a cave.  I understand it's readily 

24   available on the streets.  And I understand that 

25   people that want to get access to it, will get 


                                                               4775

 1   it now, at least this will be regulated.  I 

 2   understand all that.  

 3                But the message that we're sending 

 4   I think is really the wrong message.  If we 

 5   don't know the medicine behind a -- something 

 6   called a medicine, if there's risks that more of 

 7   this material will be around and available to 

 8   children, if we start an industry, no doubt 

 9   very, very, very profitable, that industry isn't 

10   going to go away.  So when the advocates may be 

11   concerned that this bill didn't go all the way, 

12   if there are manufacturers out there 

13   manufacturing, I've got a feeling it's here to 

14   stay.

15                And I've also got a feeling that 

16   businesspeople -- like any other businesspeople, 

17   these businesspeople will want to expand their 

18   market, want to expand their sales.  

19                And we're doing this without the 

20   medical evidence, without the testing that the 

21   Governor was calling for in the beginning of the 

22   year, that the Medical Society is calling for.  

23   We're going to do it first and then kind of 

24   figure it out as we go along.

25                And this is the wrong message, in 


                                                               4776

 1   my mind, when yesterday or the day before we 

 2   passed 11 bills because of this tragic heroin 

 3   condition.  And some say it's not an 

 4   introductory drug, but at those hearings there 

 5   were people who were addicted that indicated 

 6   their first sign of addiction or their first 

 7   entry into this was through marijuana.  

 8                In states that have medical 

 9   marijuana, 34 percent of the 12-graders are 

10   smoking marijuana.  Six percent are smoking 

11   marijuana on their own prescription.  I 

12   understand there's no smoking here.  There's no 

13   question there's no smoking here.  The point, 

14   however, is that this is step one.

15                I believe, like the Medical Society 

16   apparently believes and like the addiction 

17   specialists that I've talked to believe, I 

18   believe you should do the science first before 

19   you create a bureaucracy and an industry that is 

20   induc -- introducing -- making it legal.

21                Now, you can tell your kids 

22   anything you want to tell them.  But if you're 

23   legally having medical marijuana, it's going 

24   to -- it's not the bad thing anymore.  It's 

25   not -- it doesn't have that negative connotation 


                                                               4777

 1   that maybe it does for some kids, anyway, that 

 2   it could be a problem.

 3                So basically what I'm saying, and 

 4   the reason I'm voting no, are some of the 

 5   provisions of the bill I highlighted out when I 

 6   asked questions of Senator Savino.  So those 

 7   specific provisions bother me.  

 8                And I think it's broad enough that 

 9   any physician that felt compassionate towards a 

10   patient can find that back problem.  I guarantee 

11   they could find that back problem.  And they're 

12   not going to be -- they're not going to be hurt 

13   by it because it's a legitimate medical opinion 

14   that they will be given.

15                And if anybody thinks the 

16   Department of Health is going to regulate the 

17   patient-client relationship and look into 

18   whether this was really the right prescription 

19   or not, I think you're not being fair to 

20   yourself in your analysis.

21                So do the science first, do the 

22   testing first, and then institute a new -- the 

23   beginnings of a new industry that is going in 

24   the opposite direction of what I thought our 

25   message was to be with respect to drug use in 


                                                               4778

 1   the State of New York.

 2                Thank you, Mr. President.  

 3                Thank you, Senator Savino, for your 

 4   answers.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Hannon.

 7                SENATOR HANNON:   Thank you, 

 8   Mr. President.

 9                I rise to oppose the bill for a 

10   long host of reasons.  Chairing the Health 

11   Committee, we are faced constantly in the state, 

12   in this Legislature, with trying to always come 

13   to better health for people, better ways to get 

14   that health, a better relief from pain when 

15   people are ill or hurt.  

16                And so I don't look on this effort 

17   mildly, because it's an incredible step for a 

18   state legislature -- even though others have 

19   done it -- to start declaring what is a safe 

20   drug, how that drug can be administered, even to 

21   set up its own labeling, notwithstanding the 

22   fact there is no labeling by the FDA.

23                It's the medical model that 

24   disturbs me the most, because it tries to make 

25   it look like the model that exists in the 


                                                               4779

 1   United States that we have for medicine and for 

 2   the treatment of medical illness.  But it's not.  

 3   It's not because the steps aren't there.

 4                I looked at a lot of the literature 

 5   as to how a drug gets approved in this nation, 

 6   looking at the animal testing that has to go on, 

 7   applications setting forth the human tests that 

 8   would have to take place -- Phase 1 studies for 

 9   human testing for safety, Phase 2 studies for 

10   human testing, Phase 3 studies for human 

11   testing.  Now you're up to about 3,000 people.  

12   Review of what you've done with the FDA.  

13   Submission of further plans to do this.  Review 

14   of the pros and cons of the nature of the drug.  

15   Coming up with a formula as to the label, as to 

16   when it may be safe and may not be safe.

17                These are very elaborate processes.  

18   Maybe many times they're criticized.  But 

19   many times people feel they're absolutely 

20   necessary for the protection of the people who 

21   are patients and for their families.  That's 

22   what we have as an actual model in the 

23   United States.  For us to try to imitate that, I 

24   feel no matter how close you get, you're just 

25   not going to get there.  


                                                               4780

 1                Certainly this proposal here is 

 2   better than it was at the beginning of the year 

 3   and far better than it was in years past, but it 

 4   still does not achieve getting there.

 5                It talks about having in the bill 

 6   that the physician will recommend the form and 

 7   nature of the medical marijuana.  Based on what?  

 8   Based on what evidence?  Based on what clinical 

 9   trials?  Based on what results?  Peer-reviewed 

10   clinical trials, that's the norm in America.  We 

11   don't have that.  

12                There's another -- it says that -- 

13   another provision of the bill says the physician 

14   shall recommend the length of time that a person 

15   shall have marijuana.  Based on what?  How does 

16   the physician know?  How is that a reliable type 

17   of recommendation?  If it's too short or if it's 

18   too long, is the physician going to be subject 

19   to professional liability?  These things just 

20   don't work.

21                Let me go to the question of the 

22   bill itself, because I have a real problem with 

23   the nature of the way it's defined as a serious 

24   condition and when medical marijuana may be 

25   used.  It's in Section 7 on page 3 of the bill, 


                                                               4781

 1   beginning at line 21.  It talks about the 

 2   following severe debilitating or 

 3   life-threatening conditions:  Cancer, positive 

 4   status for HIV, ALS, Parkinson's, multiple 

 5   sclerosis, damage to the nervous system, damage 

 6   to the nervous tissue of the spinal cord, 

 7   epilepsy, inflammatory bowel disease, 

 8   neuropathy, Huntington's disease, or as added by 

 9   the Commissioner.  

10                Okay, these are pretty serious.  

11   And it begins the paragraph by saying "severe, 

12   debilitating or life-threatening."  Exactly the 

13   type of condition which brings out our sorrow 

14   and our compassion.

15                But then there's a second 

16   subdivision.  And I don't know what this 

17   subdivision does, because it's just hanging 

18   there.  It says "and," but it goes "any of the 

19   following conditions where it is clinically 

20   associated with or a complication of a condition 

21   under this paragraph or its treatment."  Now, 

22   this paragraph, is that just Subdivision 2?  Is 

23   it Subdivision 1?  Is it Subdivision A?  It's 

24   very unclear.  It's a hole in the bill.

25                "Under this paragraph or its 


                                                               4782

 1   treatment:  Wasting syndrome, severe or chronic 

 2   pain, severe nausea, seizures, chronic or 

 3   persistent muscle spasms, or such conditions as 

 4   are added by the Commissioner."  In both of 

 5   these, A and B, it's conditions added by the 

 6   Commissioner; you can't take anything away.

 7                And let's deal with chronic pain.  

 8   What's chronic pain?  Well, it's pretty much 

 9   pain that's persistent that's anything other 

10   than acute.  And it's not limited by anything in 

11   this bill.  And it could be anything the 

12   practitioner recommends.  I don't know if it was 

13   the intent of the drafters or not, but it's 

14   here.  So it's a hole in the bill.

15                The comment has been made it's a 

16   big change in this bill because we don't have 

17   smoking.  Give me a break.  There is vapor smoke 

18   allowed in this bill specifically.  It's 

19   smoking.  No, it's not the use of the whole-leaf 

20   tobacco or the marijuana plant, but it's 

21   smoking.  In fact, people have said it's a 

22   desirable delivery system.  Whatever, it's still 

23   smoking.  So the illusion that it's not in the 

24   bill I think is just false.  

25                I too was visited by parents with 


                                                               4783

 1   great sincere desire to help their children.  

 2   And these children actually need help.  Epilepsy 

 3   is really -- and with multiple seizures a day is 

 4   really, really tragic.

 5                This bill is going to be effective 

 6   in 15 months.  Give me a break.  We're not 

 7   helping the people who came to ask us for help.  

 8                The first meeting, I wrote to the 

 9   Governor and the Commissioner of Health and 

10   said, You want to do an experiment, you 

11   announced it in the State of the State message.  

12   Well, take that experiment and work towards the 

13   oils that would help the kids who have the 

14   multiple seizures.  Do something.  Let's make it 

15   practical.  Fifteen months?  It could be even 

16   longer than fracking.

17                The last thing I want to say is 

18   that there's going to be five entities that can 

19   have four locations to dispense the marijuana.  

20   And there's a lot of very tight safeguards in 

21   the bill.  But I find the most glaring omission 

22   is the fact there's no question as to what -- 

23   there's nothing provided as to how you will 

24   select those entities.  There's no bidding 

25   requirement.  There's no request for proposal 


                                                               4784

 1   requirement.  There's no requirement that that 

 2   be a public process.  We don't know how it's 

 3   going to happen.  We don't know where it's going 

 4   to happen, who is going to get this.  We are 

 5   doing handsprings about casinos.  We're doing 

 6   handsprings about the rest of procurement in 

 7   this state.  Who's going to be our purveyors of 

 8   pot?

 9                I'm going to be voting against this 

10   and recommend my colleagues do likewise.  

11                Thank you.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   O'Brien.

14                SENATOR O'BRIEN:   Thank you, 

15   Mr. President.

16                Just by way of clarification of one 

17   of the issues --

18                ACTING PRESIDENT GRIFFO:   Senator 

19   O'Brien on the bill?  

20                SENATOR O'BRIEN:   No, I was going 

21   to ask the sponsor to yield to one question, if 

22   she'd yield.

23                SENATOR SAVINO:   Yes.

24                SENATOR O'BRIEN:   And that is the 

25   question of insurance coverage.  I think we 


                                                               4785

 1   established during Senator DeFrancisco's line of 

 2   questioning that insurance companies aren't 

 3   required to provide coverage for medical 

 4   marijuana.  

 5                But my question to the sponsor is 

 6   whether or not an insurance company would be 

 7   allowed to opt to provide coverage if the 

 8   insurer so decided.  If the sponsor would yield.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Savino yields.

11                SENATOR SAVINO:   Through you, 

12   Mr. President.  If an insurance company decided 

13   that they might want to opt in, they could.  It 

14   has not happened anywhere else because of the 

15   concerns of running afoul of federal law.  

16   Marijuana is a Schedule I substance, which makes 

17   it illegal under federal law.

18                SENATOR O'BRIEN:   Thank you.

19                SENATOR SAVINO:   Thank you.

20                SENATOR O'BRIEN:   On the bill.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   O'Brien on the bill.

23                SENATOR O'BRIEN:   First I want to 

24   congratulate and thank Senator Savino.  I think 

25   Senator DeFrancisco used the word "tenacity," 


                                                               4786

 1   which is certainly an appropriate 

 2   characterization of the fight that Senator 

 3   Savino has put forward.  

 4                But also she listens.  She was very 

 5   accommodating.  Many of those here know I was 

 6   resistant to this bill for a long time, and I 

 7   like to think I did my own due diligence and 

 8   research in coming to a conclusion.  But Senator 

 9   Savino always was very willing to be 

10   accommodating.  And I think there was five or 

11   six prints before we even got to the three-way 

12   agreement process.  And I really appreciate 

13   Senator Savino's persistence in going through 

14   this process and getting us to a vote today.

15                I also want to thank Senator Larkin 

16   for his courageous -- we all know that 

17   Senator Larkin is a person of his convictions, 

18   and he ended up casting a decisive vote in the 

19   Health Committee.  Without his vote, we wouldn't 

20   be to this point here today.  So thank you, 

21   Senator Larkin.  

22                It's a shame -- I think you were at 

23   least in part motivated by returning veterans, 

24   in the belief that they may be able to help with 

25   post-traumatic stress disorder.  It's a shame 


                                                               4787

 1   that that's not one of the conditions that makes 

 2   medical marijuana available for.  I hope that 

 3   the Health Department in 18 months will come to 

 4   the conclusion that we should extend that hope 

 5   to our returning veterans as well.

 6                I did have some reservations about 

 7   this bill, and I did try to do my due diligence 

 8   with respect to talking to doctors and reading 

 9   scores of literature.  And frankly, with all due 

10   respect to Senator DeFrancisco and Senator 

11   Hannon, come to a different conclusion.  I do 

12   believe that there are people that are suffering 

13   right now.  And it is a shame, as Senator Hannon 

14   says, that their suffering is put off for some 

15   18 months at a minimum.  But people are 

16   suffering now, and I've come to the conclusion 

17   that suffering can be alleviated by passing this 

18   bill.  

19                And I want to thank particularly 

20   the advocates, many of whom traveled from 

21   Rochester this week, have been here all week.  I 

22   know Holly Anderson, the executive director of 

23   the Breast Cancer Coalition of Rochester, is 

24   here.  She's here with family members, parents 

25   of children who have debilitating and painful 


                                                               4788

 1   diseases -- spouses are here, families are 

 2   here -- and really the courage of their 

 3   convictions.  

 4                Their courage and their willingness 

 5   to share their stories with me was quite 

 6   impactful.  And I do believe that we owe to the 

 7   advocates a great sense of gratitude for their 

 8   persistence and making sure that we provide 

 9   sensible legislation.  

10                And that's exactly what we have.  

11   Senator Savino has worked very, very hard to 

12   give sensible legislation that provides for 

13   certified patients, registry ID cards, 

14   provisions for making sure caregivers are 

15   appropriately monitored, registered 

16   organizations, prohibitions against how much 

17   medical marijuana you can get at any one time, 

18   protections for how that medical marijuana is 

19   used, new crimes to make sure that law 

20   enforcement doesn't have additional problems.  

21                And I congratulate the Governor for 

22   his input in making sure that we got to this 

23   point.  

24                And so that we still may not have a 

25   perfect bill -- I don't know that any bill is 


                                                               4789

 1   ever perfect -- but it's really due to the 

 2   advocacy of many, many people that made me 

 3   decide we can continue to try to tweak the bill 

 4   forever, and we could be here not passing any 

 5   legislation because we didn't have the perfect 

 6   bill, but the fact of the matter for me remains 

 7   this, and that's that people are suffering right 

 8   now.  That suffering can be alleviated as soon 

 9   as we can make this available to them.  And I 

10   intend to vote aye.

11                Thank you, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Larkin.

14                SENATOR LARKIN:   Thank you, 

15   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Larkin on the bill?

18                SENATOR LARKIN:   Yes.  

19                I'm not a doctor, I'm not a lawyer, 

20   I'm just an ordinary person who looked at this 

21   issue and said, We are here in Albany with one 

22   mission -- to protect, preserve and enrich the 

23   lives of those who we're entrusted to represent.

24                My first look at the bill, I had 

25   many, many questions.  One that kept coming up 


                                                               4790

 1   to my mind was post-traumatic stress disorder.  

 2   And diabetes.  And I noticed that finally, in 

 3   the last minutes or so, there's given an 

 4   opportunity to them to be included in it.  

 5                This bill also allows us 18 months.  

 6   I don't know many how many months and years some 

 7   of you have been here.  This is my 36th.  I've 

 8   seen amendments, I've seen changes, I've seen 

 9   bills being repealed and this and that and the 

10   other.  But take a moment and step aside and 

11   say:  If this was my child, what would I do?  

12                I know everybody talks about smoke, 

13   smoke, smoke.  I never smoke.  I couldn't care 

14   for it.  But the point about it is, is we've got 

15   a crisis.  

16                You know, I'm not going back into 

17   this point or that point.  I think Senator 

18   Savino, John, and Kemp covered it quite clearly.  

19   But I'm getting back to the basics.  

20                We've got a 18-month stretch here 

21   that we can look deep into some of these 

22   specifics.  But I have 17 grandchildren.  If 

23   something happened to them, I'd be doing just 

24   what you would be doing.  You'd find a way to 

25   provide a cure for those children.


                                                               4791

 1                Somebody said, Well, X won't 

 2   support us, B won't support us.  I don't give a 

 3   damn who supports me.  My problem is there's an 

 4   old saying in the Army, "Lead or get the hell 

 5   out of the way."  And I apologize to the ladies 

 6   in the room.

 7                (Laughter.)

 8                SENATOR LARKIN:   But there's an 

 9   issue.  We have a crisis, whether you want to 

10   believe it or not.  Twenty-one other states have 

11   looked at it and said let's do something.  

12                I don't know the solutions.  But I 

13   do know that within the bounds of this building 

14   here, we've got the brains to put together and 

15   correct what some people don't agree with.

16                So let's not go out of here today 

17   after this is done, if it's passed, and start 

18   finding fault with our colleagues.  Because I 

19   don't believe there's anybody in this room that 

20   doesn't take this serious.  This is a serious 

21   matter.  And I really believe that we have an 

22   obligation to those we represent.  

23                There are people here have been 

24   around this building for the last month, and you 

25   talk to some of them.  In my district, I have 


                                                               4792

 1   six families, they are sleeping with their child 

 2   because that child is having 12, 14, 16 seizures 

 3   every day, five, six days in a row.  What do you 

 4   say to them?  Well, on page 23 it says A, B, and 

 5   C?  They don't give a GD what page 23 says.  

 6   Their big question is, What are you going to do 

 7   for my child?  

 8                Ladies and gentlemen, that's our 

 9   mission.  We can talk here about the moon and 

10   the sun and everything else.  But the bottom 

11   line is remember this:  Lead or get the hell out 

12   of the way.

13                Thank you.

14                (Extended applause.)

15                ACTING PRESIDENT GRIFFO:   Can I 

16   ask that we respect the decorum of the chamber 

17   and allow the members to be heard.

18                Senator Libous.

19                SENATOR LIBOUS:   Colonel Larkin, 

20   you're going to be a tough act to follow, but 

21   I'm going to try.

22                Senator Savino, I know how hard 

23   you've worked on this, and I know the passion 

24   you've had behind it, and the commitment.  And I 

25   know you believe in your heart, like many others 


                                                               4793

 1   do, that if this bill is to pass, that it 

 2   actually is going to help people.  That's why 

 3   you labeled it the Compassionate Care Act.  

 4                And certainly that's a name, as 

 5   Senator DeFrancisco and Senator Hannon said, 

 6   it's pretty difficult to fight against the 

 7   Compassionate Care Act.  

 8                But I think as my colleagues have 

 9   gone a little deeper, I would just share with 

10   you that I think everybody in this room wants to 

11   help people.  They don't want to see anybody 

12   suffer.  I know that throughout my career I have 

13   dedicated a lot of my legislative life helping 

14   people with disabilities and mental health and 

15   trying to help them live as normal a life as 

16   possible without suffering, without having 

17   difficult times.

18                And I also know about what it's 

19   like to have a disease and what it's like to 

20   hope every day that there's going to be 

21   something out there that's going to help you.  

22   Five years ago I was diagnosed with prostate 

23   cancer, and unfortunately for me it had 

24   metastasized, went to my back and is now in my 

25   lung.  For me to stay alive and come here for 


                                                               4794

 1   session, I have to have chemotherapy every 

 2   21 days.  

 3                There are other people in this room 

 4   who have gone through the same thing.  I'm sure 

 5   there are people in the gallery who have gone 

 6   through the same thing.  After that chemotherapy 

 7   session I, like many other people, get very sick 

 8   for about three or four days.  And there are 

 9   probably times that I would take whatever I 

10   could take to feel better.  I publicly said that 

11   if the marijuana were legal and if my doctor 

12   said it was okay to take, I would probably try 

13   it, because you want -- you want to feel better.

14                But I also know that this is not a 

15   cure.  And I just worry about the false hope 

16   that might be created as this bill moves 

17   forward.  I've heard comments from my 

18   colleagues -- and certainly I respect every one 

19   of you, and I would never, never say that you 

20   would intentionally say something that you 

21   thought was wrong or inaccurate.  But I do 

22   believe that we have to be very careful, as you 

23   move forward with this legislation, that we 

24   don't give false hope.  

25                I heard the word "cure" used.  This 


                                                               4795

 1   isn't going to cure anybody.  It's going to make 

 2   you feel better, maybe.  And I don't know that 

 3   for sure because, as I think Senator Hannon 

 4   said, it would have been nice to do some trials 

 5   first before you try to roll out the program.

 6                I know that I'm waiting for some 

 7   trials.  I go to Sloan-Kettering and I have some 

 8   great doctors, and I talk to them on a regular 

 9   basis.  And I have been on a trial.  

10   Unfortunately, it didn't work for me.  And that 

11   happens.  But the trial was a trial through the 

12   FDA and through the hospital, and they had done 

13   an extensive amount of research.  And they did 

14   it with doctors and experts.  And, you know, one 

15   of the things that I like where I go is they 

16   deal in just prostate cancer.  I go to a big 

17   building, and that's all they deal with is 

18   prostate cancer.

19                The State Health Department is 

20   probably one of the biggest bureaucracies in 

21   this state.  I can't tell you how many times in 

22   my 26-year career I've heard many of you get up 

23   and rail against the Health Department.  And 

24   certainly I might even make a comment or two 

25   about a fracking study that I'm waiting for.  


                                                               4796

 1   But it just doesn't make sense.  And I concur 

 2   with Senator Hannon that it's going to take an 

 3   awful long time to get this off the ground.  

 4                But at the same time, I do 

 5   understand that people need hope.  And I do 

 6   understand that this may give people hope.  But 

 7   I just hope it isn't the false hope that I 

 8   talked about earlier.  I would prefer to put my 

 9   eggs in the basket when it comes to the FDA and 

10   to hospitals like Sloan-Kettering, and not the 

11   State of New York or its Health Department.  

12                Because of that, I have a very 

13   difficult time supporting this bill.  I can't 

14   support it.  But if it does go forward, if it 

15   does pass, I would only hope, Senator Savino, 

16   that as its sponsor -- and again, I applaud you 

17   for your work -- that you really make sure that 

18   something happens.  Because all too often we do 

19   something in this state and we pass legislation 

20   and we never know does it ever get enforced.  

21                I worry about this one, and I worry 

22   about giving false hope to people who may really 

23   think that there's something there for them at 

24   the end of the rainbow.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4797

 1   Krueger.

 2                SENATOR KRUEGER:   Thank you, 

 3   Mr. President.

 4                I rise in support of this bill.  

 5   It's not a perfect bill.  It's not even a bill 

 6   that many of us who supported this concept for a 

 7   long time imagined would be the final product.

 8                I want to thank everyone in the 

 9   gallery, who have worked so hard and waited so 

10   long for us to come up with even a flawed bill.  

11                I want to respond to a few things 

12   that were said.  I empathize enormously with 

13   what Senator Libous is going through personally, 

14   and he's absolutely right.  Probably few of us 

15   haven't had personal experience or experience 

16   with our family members having gone through some 

17   similar experience at this point in our lives.

18                But no one has said or I don't 

19   think they meant to say that anyone has an 

20   expectation that this is a cure.  Medical 

21   marijuana, in all the various discussions and 

22   all of the research that I have seen, talks 

23   about it having a palliative care ability, that 

24   it can actually address symptoms, sometimes 

25   extremely excruciating, day after day symptoms 


                                                               4798

 1   and behaviors caused by the underlying disease.  

 2   So yes, we must continue to search for cures.  

 3                And someone said, "But we don't 

 4   know enough.  We need the research."  Well, I 

 5   just want to point out I agree more medical 

 6   research would be incredibly valuable.  The 

 7   problem is the federal government's policies 

 8   don't allow us to hand it to the FDA, don't 

 9   allow doctors who apply for research grants to 

10   even do the kinds of research we're discussing 

11   on this drug because of flawed and failed 

12   federal policy.  

13                But we do have a decent amount of 

14   research that shows us this can and does work 

15   for various people under various circumstances.  

16                Now -- and I'll go back to that in 

17   a second -- it's also true that doctors have a 

18   standard of doing no harm.  And the good news 

19   for those of us who feel there's not yet enough 

20   research and it's not a cure is that the 

21   research has been done enough to show us that 

22   marijuana is far less dangerous a drug to use 

23   for these illnesses than most of the drugs that 

24   are legally prescribed.  

25                There is research showing that 


                                                               4799

 1   there's never been an overdose from medical 

 2   marijuana.  Or even non-medical marijuana.  

 3   There's research showing just the opposite for 

 4   some of the most commonly prescribed drugs for 

 5   the disease categories that were listed out by 

 6   Senator Savino when she was explaining the bill.

 7                So the concept that this could 

 8   increase risks for people is the kind of 

 9   research we actually already have and know is 

10   not a concern and should not be a concern for 

11   us.

12                It was also raised that there's 

13   concern by some that use of medical marijuana 

14   can in some cases for some people be addictive.  

15   And there's research on that as well, which also 

16   shows many of the kinds of drugs that are 

17   prescribed for exactly these illnesses are far 

18   more statistically and scientifically addictive 

19   than any of the ingredients within cannabis.

20                So we already do find ourselves in 

21   a situation where as a country, as a world, we 

22   recognize that even though some drugs that are 

23   prescribed under law are dangerous, can cause 

24   illness, can cause death, can cause addictions, 

25   we make the decision that when prescribed by a 


                                                               4800

 1   physician, we believe that it is the best 

 2   option, even though there are risks associated.  

 3   You can't watch television at night and not see 

 4   a TV commercial for fill-in-the-blank drug and 

 5   see all of the -- in small print or announced at 

 6   the end, the list of possible dangers associated 

 7   with that drug, the list of possible side 

 8   effects associated with that drug, the risk of 

 9   death from taking that drug.

10                And yet we recognize those as not 

11   only being legal and prescribable, we understand 

12   that for many people it's worth the risk to face 

13   bad side effects, addiction, and programs even 

14   death because its alternative for them is worse.

15                And yet with all the things we 

16   don't yet know about marijuana, because we have 

17   a national policy that doesn't let us do our 

18   homework, we do know that marijuana has far less 

19   of those serious-risk concerns than a huge 

20   percentage of drugs that are already approved 

21   and prescribed throughout this country.

22                It was also mentioned that at least 

23   one medical society has not weighed in in 

24   support of medical marijuana.  But there's a 

25   huge number of medical organizations and famous 


                                                               4801

 1   medical providers who have weighed in.  And just 

 2   to list a few:  The American Nurses Association.  

 3   The former chief administrative law judge at the 

 4   U.S. Drug Enforcement Administration, Francis 

 5   Young.  The New England Journal of Medicine 

 6   editorials.  The American College of Physicians.  

 7   The American Academy of HIV Medicine.  Former 

 8   U.S. Surgeon General Jocelyn Elders.  The 

 9   National Institute of Medicine.  The HIV 

10   Medicine Association of Infectious Diseases 

11   Society of America.  The British Medical 

12   Association.  The American Association for 

13   Public Health.  Just a few of the medical 

14   experts and professional associations and 

15   research arms that you can read all of their 

16   analysis of why this is the right answer at this 

17   point in time.  Even though we want more and 

18   better options for people with these illnesses, 

19   we do want cures for people with these 

20   illnesses.

21                And I also know -- I've spoken not 

22   only to patients, but I represent a district 

23   that I believe has more hospitals per person 

24   than any other district in the state.  It's 

25   sometimes nicknamed Bedpan Alley, the East Side 


                                                               4802

 1   of Manhattan.  It includes the hospital in fact 

 2   that Senator Libous is getting treatment at, a 

 3   great, great hospital.  

 4                And I have been there visiting 

 5   friends who have also been going through cancer 

 6   treatment.  And I've had doctors say to me:  

 7   "Please pass this bill.  We send our patients 

 8   home knowing how sick they are getting from the 

 9   treatments.  We can't bear the fact that we're 

10   suggesting to them, under the table and quietly:  

11   'You might try some marijuana.  It might help.'"  

12   They know that it's illegal for them to even 

13   whisper this.  

14                I've even had patients say:  "I 

15   really want to try it, but I know it's illegal.  

16   My grandchild's offered to get me some.  I don't 

17   want to put them at legal risk."  I'm assuming 

18   sometimes their grandchildren or children get 

19   them that drug anyway, because they care about 

20   their family member.  

21                I'm assuming there's a decent 

22   number of doctors in this state who secretly 

23   whisper:  "You might try this, if you can get 

24   some."  It's a drug that is radically less 

25   dangerous, less addictive than an endless list 


                                                               4803

 1   of drugs that we can find legally approved by 

 2   the FDA.  

 3                Do we have all the answers?  No.  

 4   Do I wish there were other changes made in this 

 5   bill?  Yes.  Should it be disturbing it can be 

 6   18 months before we actually implement?  For 

 7   many of the people in this gallery, absolutely.  

 8                But surely voting no today doesn't 

 9   get us any closer to addressing any of the 

10   concerns I've heard today on the floor.  I vote 

11   yes, Mr. President.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Bonacic.

14                SENATOR BONACIC:   Thank you, 

15   Mr. President.

16                ACTING PRESIDENT GRIFFO:   Are you 

17   on the bill, Senator Bonacic?  

18                SENATOR BONACIC:   I'd like to ask 

19   Senator Savino a couple of questions, if I may.  

20   If she will yield.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Savino, will you yield?

23                SENATOR SAVINO:   Yes, 

24   Mr. President.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4804

 1   Senator yields.

 2                SENATOR BONACIC:   Senator Savino, 

 3   I listened with great interest to what 

 4   Senator DeFrancisco and Senator Hannon had to 

 5   say about the wording of some of the 

 6   legislation, where it might be vague, where 

 7   there might be holes in the legislation.  

 8                Is it your understanding that the 

 9   Department of Health would take this debate and 

10   discussion into consideration and, as they go 

11   through the process of the 18 months before this 

12   program is implemented, they would have the 

13   power to make these changes or where your intent 

14   and some of the things that you reacted to to 

15   Senator DeFrancisco and Senator Hannon, they 

16   could do that on their own?

17                SENATOR SAVINO:   Through you, 

18   Mr. President.  The answer to that question, 

19   Senator Bonacic, is yes.

20                SENATOR BONACIC:   Okay.  Will you 

21   continue to yield for a second question?

22                SENATOR SAVINO:   Yes.

23                SENATOR BONACIC:   We had about a 

24   three-hour debate -- excuse me, discussion on 

25   this legislation in our conference.  I didn't 


                                                               4805

 1   speak.  But one of the things that came up that 

 2   I had a curiosity of, this is a cash business 

 3   we're dealing with.  If someone wants to go 

 4   obtain marijuana, they're going to have to pay 

 5   cash.  

 6                So do you have any idea how we're 

 7   going to properly monitor the cash that's 

 8   collected so there's an accurate accounting that 

 9   it's going to be paid to the groups, you know, 

10   the allocations of where the money is going to 

11   go?  Have you given any thought to that?  I'm 

12   just curious.

13                SENATOR SAVINO:   Through you, 

14   Mr. President, that is obviously of great 

15   concern to the state, as we have a proprietary 

16   interest in the success of this.  

17                Part of the regulations that will 

18   be developed by the Commissioner will deal 

19   with -- and by the Superintendent of Police as 

20   well -- will deal with safety and security of 

21   the facilities, which will include not just the 

22   tracking of all of the product -- that's what 

23   the seed-to-sale model is -- but also the 

24   tracking of the money.  Because the state, of 

25   course, is going to make sure it gets its excise 


                                                               4806

 1   tax paid.  

 2                But you are right, you raise the 

 3   issue of in fact it is a cash business, for the 

 4   most part.  And that's what makes security so 

 5   critically important here.

 6                SENATOR BONACIC:   And I noticed 

 7   under your legislation that the Governor and the 

 8   Commissioner have to give a report every two 

 9   years to this body of their recommendations when 

10   they get knowledge of results of how it's going.

11                SENATOR SAVINO:   Yes.

12                SENATOR BONACIC:   Okay, thank you, 

13   Senator Savino.

14                SENATOR SAVINO:   Thank you.

15                SENATOR BONACIC:   On the bill.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Bonacic on the bill.

18                SENATOR BONACIC:   You know, 

19   30 years ago I was an assistant district 

20   attorney.  I'm a law and order guy.  You talked 

21   about drugs, I said evil.  People said to me 

22   marijuana is a gateway drug to heavier drugs, I 

23   said absolutely.  And to this day I still 

24   believe that to be true.

25                I had -- it's amazing what this 


                                                               4807

 1   legislation has done when it's out there with 

 2   all the publicity.  I get so many unsolicited 

 3   calls, one from a person that works at a 

 4   substance abuse center:  Gateway drug, don't do 

 5   it.  Parents called, they talked about loved 

 6   ones who suffer from debilitating disease, in 

 7   pain, with experience with marijuana.  They get 

 8   it.  

 9                And to pick up a little bit on what 

10   Senator Larkin said, does anyone here doubt that 

11   if you had a wife that was dying from cancer or 

12   a child with a debilitating disease in great 

13   pain, and you knew that marijuana worked to ease 

14   pain -- forget about a cure, to ease pain, while 

15   your wife or your child are going to die.  Do 

16   you think you wouldn't do it, you wouldn't find 

17   it and do it?  That's what this bill is about.  

18   That's what this is about.  

19                So I've come a long way in 

20   30 years.  I believe that we have to do 

21   everything to relieve that pain of loved ones.  

22   And we have to try.  It's not going to be a 

23   cure.  It might not work.  But if it works, it's 

24   worth the effort.

25                And I want to make another point.  


                                                               4808

 1   In my mind there is a firewall, a very thick 

 2   firewall between medicinal marijuana and 

 3   recreational marijuana.  I don't necessarily 

 4   agree with the previous Senator who spoke to 

 5   kind of dilute the power of marijuana, like 

 6   there are other medications out there much more 

 7   powerful.  Because I know from experience that 

 8   it could be a gateway drug, if we go in through 

 9   recreation, to the heavier drugs where we have a 

10   heroin epidemic and we're fighting it on the 

11   back end.

12                So I for one have supported this 

13   Compassionate Care Bill.  I think we have to 

14   try.  But I for one will fight and resist 

15   recreational marijuana if there's an attempt to 

16   go there.

17                I want to thank Senator Savino.  We 

18   have checkmates here.  We're going to get 

19   knowledge of results.  And that's a good thing.  

20   And there's going to be a budget next year, 

21   there's going to be funding requests as we go 

22   forward.  

23                So this is something to watch.  

24   This is something to have an open mind.  Because 

25   as recommendations come from the Department of 


                                                               4809

 1   Health, we can make adjustments.  Because none 

 2   of us are pros on how this is going to work out.  

 3   We don't know.  But I believe we've got to try.  

 4                I vote yes.  

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   LaValle.

 8                SENATOR LaVALLE:   Thank you, 

 9   Mr. President.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   LaValle, are you on the bill, or would you like 

12   to pose questions?  

13                SENATOR LaVALLE:   On the bill.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   LaValle on the bill.

16                SENATOR LaVALLE:   There is no 

17   doubt that we as legislators have responded to 

18   the Compassionate Care Act provision focus that 

19   has been brought to it, and real people who have 

20   come to our offices and have brought their 

21   cases.  And I can say that not only myself, my 

22   staff, when those individuals were in the 

23   office, we were teary-eyed.  We were very, very 

24   touched.  

25                And so part of our mission, and you 


                                                               4810

 1   heard Senator Larkin, is to deal with the real 

 2   problems that people have.

 3                You heard Senator Hannon.  And 

 4   there is no person in this chamber who, as 

 5   chairman of the Health Committee, gets down into 

 6   the weeds and studies things and talks to people 

 7   in the health field.  He's someone who we are 

 8   very, very fortunate to have in this chamber 

 9   head that committee.

10                You heard what Senator Hannon 

11   talked about, that we need to put science first.  

12   So we are mostly reacting with our hearts to 

13   help people.  And I would just say flat out that 

14   if someone in my family -- my children, 

15   grandchildren, wife, friends -- had a 

16   debilitating disease and needed palliative care, 

17   you would do anything to ease their pain.  And 

18   particularly with children, because many times 

19   they can't truly represent, you know, the pain 

20   that they're going through.

21                You heard in the discussion and the 

22   debate and when you read the bill you see 

23   repetitively that Health Department is going to 

24   do regulations, they're going to do regulations.  

25   When we get done with this -- and I think to 


                                                               4811

 1   Senator Libous's point, and other speakers, it 

 2   could be a very, very long time before there is 

 3   action.  So I think people need to understand 

 4   that this could be a long process.  

 5                And when you get to the end, you're 

 6   going to say this is a far different bill.  Or 

 7   did we actually give the Health Department the 

 8   ability to promulgate this regulation in this 

 9   manner?  We have seen and heard in other venues 

10   when we're dealing with healthcare that the 

11   regulations far exceed the bill.  And 

12   legislators are often confronted by 

13   constituents, and there will be people in this 

14   chamber saying, I didn't realize that that was 

15   in there.  Well, it wasn't in there.  You gave 

16   the Health Department the ability to promulgate 

17   rules and regulations.  

18                But I listen to those ads, 

19   Senator Krueger, on my TV.  And you know, I say 

20   I'm glad that someone, the FDA, is making an 

21   analysis.  And at least I know that there could 

22   be a deleterious effect.  And I often turn to my 

23   wife and say, "Who would take that drug?"  I 

24   mean, the list goes on.  You get frightened.  

25   But at least you know going in.  


                                                               4812

 1                We talk about, all the time, right 

 2   to know.  I'm the sponsor of the GMO bill to 

 3   have labeling.  Why?  And I make the case we 

 4   want to know what goes into our bodies.  So now, 

 5   with this bill, people are not going to know.  

 6   But it will ease the pain for certain 

 7   individuals.

 8                A lot of us know that there's 

 9   always an unintended effect.  And this has been 

10   brought up, and this is always troublesome.  

11   It's very difficult to -- we want to balance the 

12   equities.  We say we've got to help people.  

13   There's no one in here that disagrees on that 

14   point.

15                We have a cash business.  And I 

16   think everyone knows follow the money.  And that 

17   unfortunately, in our society, there are people 

18   who definitely want to follow the money.  Look, 

19   we have in the balcony someone from Colorado 

20   very interested in this and how they're going to 

21   compete to be one of the manufacturers here in 

22   our state.  There will probably be a lot of our 

23   farm people that have been gearing up, thinking 

24   that they're going to be able to bid on this, 

25   and they will be in for a surprise.


                                                               4813

 1                There are -- Senator Hannon talked 

 2   about it -- while you can't use vapor in a 

 3   public place, and that's for obvious reasons.  

 4   But make no bones about it, that there will be 

 5   one of the unintended consequences is people can 

 6   do whatever they want in their homes in a place 

 7   of privacy, and this will be certainly abused.

 8                I think in my heart of hearts I 

 9   believe this is a beginning.  Because when I 

10   looked at Senator Savino's bill, there were 

11   things in there that for me were very alarming.  

12   And I've been in this Legislature a while, and 

13   this is a beginning.  This is a beginning.  We 

14   will be back, as everyone knows, adding.  People 

15   will say "You left me out, my illness, I'm not 

16   even in it for the Commissioner to explore."  

17                I have a staff member who has 

18   chronic back pain.  Senator Hannon said chronic 

19   means it's not acute.  So it's a debilitating 

20   problem, back problem, for the rest of your 

21   life.  I know he's going to ask me, "Well, am I 

22   on this?"  I'm going to shrug my shoulders, I 

23   don't know.  I think we have to wait to see what 

24   the Commissioner promulgates in regulations.

25                So in some ways we're giving people 


                                                               4814

 1   some hope.  But I believe that over the long 

 2   haul we are going to see pieces of the Savino 

 3   bill, Gottfried bill, in law moving toward 

 4   recreational drugs.  It's just inevitable.  It's 

 5   just a matter of time.  So we start with our 

 6   hearts, with good intention, because we want to 

 7   help people, but there are people that want to 

 8   go far beyond where we are going here.

 9                I think there's no doubt that we 

10   have made huge changes from the original bill, 

11   and I suppose that that's good.  But there is 

12   too much here that troubles me about the 

13   unintended effects, following the money, and 

14   people who do not have people's best interests 

15   at heart.  We in this Legislature are elected to 

16   do that, protect that, but the unintended 

17   consequences are too great.  And when the roll 

18   call is called, I'm going to be voting in the 

19   negative.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Smith.  Do you wish to ask questions or speak on 

22   the bill?

23                SENATOR SMITH:   I have a few 

24   questions for the sponsor.

25                ACTING PRESIDENT GRIFFO:   Will the 


                                                               4815

 1   sponsor yield?  

 2                SENATOR SAVINO:   Yes, 

 3   Mr. President.  

 4                ACTING PRESIDENT GRIFFO:   The 

 5   sponsor yields, Senator Smith.

 6                SENATOR SMITH:   Thank you very 

 7   much, Mr. President.  

 8                And let me be one of the members in 

 9   the chamber that also congratulates Senator 

10   Savino for --

11                SENATOR LIBOUS:   Mr. President, 

12   I'm having a difficult time hearing 

13   Senator Smith.

14                ACTING PRESIDENT GRIFFO:   Can I 

15   ask that the chamber continue to be at order.

16                Senator Smith, you may continue.  

17                His mike is on now.

18                SENATOR SMITH:   Thank you, 

19   Mr. President.  

20                Let me also congratulate Senator 

21   Savino on the effort that she has put forth with 

22   this bill.  I know it's been a very arduous 

23   task.  And it's painful, not only physically for 

24   some, but also painful just going through the 

25   mental gymnastics in trying to compromise.  And 


                                                               4816

 1   I know the Governor was very dogmatic as to his 

 2   concerns and questions.

 3                I also appreciate some of the 

 4   comments that I heard Senator DeFrancisco make 

 5   as well.  And I also am happy that we chose to 

 6   put the bill on the floor at this time of day as 

 7   opposed to late in the evening or early morning 

 8   hours, where the public would not get a sense of 

 9   what's in this bill and what's not.

10                Mr. President, through you, if 

11   Senator Savino will yield, I have a couple of 

12   questions I would like to ask.

13                ACTING PRESIDENT GRIFFO:   The 

14   Senator yields.

15                SENATOR SAVINO:   Yes.

16                SENATOR SMITH:   Senator Savino -- 

17   through you, Mr. President -- I know that they 

18   have taken out the smoking portion of this bill.  

19   Is there anywhere in this bill in the future 

20   that smoking will become a part of this 

21   legislation?

22                SENATOR SAVINO:   Through you, 

23   Mr. President, in answer to that question, no.  

24   Because the bill expressly prohibits a smokeable 

25   product, marijuana in a smokeable form.  It 


                                                               4817

 1   would require an act of the Legislature.

 2                SENATOR SMITH:   Thank you.

 3                If the sponsor would continue to 

 4   yield.

 5                SENATOR SAVINO:   Yes.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   sponsor yields.

 8                SENATOR SMITH:   There is a -- in 

 9   Section 7B on page 8, it lists the actual 

10   challenges or it actually lists the diseases 

11   that the bill will cover.  And then there's a 

12   few that it does not list, and it says that in 

13   the future, I guess through the Health 

14   Department and maybe the Governor's office, they 

15   will determine whether or not to add these 

16   areas.  

17                Senator Savino, is there a reason 

18   why they're not added now?  And do you 

19   anticipate what the time frame might be for 

20   these to be added?  

21                SENATOR SAVINO:   Through you, 

22   Mr. President.  As you know, the previous 

23   version of this bill listed many of those 

24   conditions.  The Commissioner of Health feels 

25   that there's insufficient research to support 


                                                               4818

 1   their inclusion at this time, in spite of the 

 2   fact that they are included in some statutes in 

 3   some states.  So he is reserving the right, upon 

 4   further review of those conditions, to add them.

 5                SENATOR SMITH:   Through you, 

 6   Mr. President, if the sponsor will continue to 

 7   yield.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR SAVINO:   Yes.

11                SENATOR SMITH:   I also noted 

12   somewhere in the bill there was a section where 

13   the patient has the right to change the 

14   caregiver.  Correct?

15                SENATOR SAVINO:   Yes.

16                SENATOR SMITH:   Through you, 

17   Mr. President, if the sponsor will continue to 

18   yield.

19                ACTING PRESIDENT GRIFFO:   The 

20   sponsor yields.

21                SENATOR SMITH:   Is there any 

22   consideration taken to some of these physical 

23   impairments that these individuals have that 

24   might be mentally debilitating, in that they 

25   won't be able to determine whether or not they 


                                                               4819

 1   want to keep that caregiver or be in their right 

 2   mind?  For instance, if a person has 

 3   Alzheimer's, is that person going to be given 

 4   the same right to determine whether or not they 

 5   want to maintain that caregiver?

 6                SENATOR SAVINO:   Well, through 

 7   you, Mr. President, patients who have 

 8   Alzheimer's are not eligible to be medical 

 9   marijuana patients at this current time.

10                But I think the question you're 

11   asking is if you have a patient who is a 

12   certified patient under this program, with a 

13   recommendation by their physician, and they then 

14   designate a caregiver -- which a caregiver under 

15   this statute would be someone who is registered 

16   by the State Department of Health to be able to 

17   obtain the product for their patient, which 

18   could be a family member -- could they change 

19   that person.  Yes, they could.

20                SENATOR SMITH:   Mr. President, if 

21   the sponsor would continue to yield.

22                SENATOR SAVINO:   Yes.

23                ACTING PRESIDENT GRIFFO:   The 

24   sponsor yields.

25                SENATOR SMITH:   I appreciate the 


                                                               4820

 1   sponsor's response.  I just want to get some 

 2   more clarity.  

 3                I know Alzheimer's is not part of 

 4   it at this point.  But again, the question is 

 5   assuming Alzheimer's will be -- and I believe it 

 6   will be, down the road, as you continue to push 

 7   for amendments -- when it comes to someone with 

 8   Alzheimer's, and you know the challenge that an 

 9   Alzheimer's patient has just with mental 

10   clarity, will that person have the ability to go 

11   to their doctor or the Department of Health and 

12   say "I no longer want this caregiver," who at 

13   that point in time may be the right caregiver 

14   for them?

15                SENATOR SAVINO:   Through you, 

16   Mr. President, I would assume that's possible, 

17   assuming that that patient was able to make 

18   decisions for themselves.  Normally patients 

19   that are incapacitated in that way designate, 

20   through a health care proxy or a guardianship, 

21   someone to make these decisions for them.

22                SENATOR SMITH:   Okay.

23                On the penalty portion there was a 

24   section on page 8, 5A, and it talks about the 

25   allowed amount would be a one-month supply which 


                                                               4821

 1   they would give someone of medical marijuana.  

 2   And then I believe it's in the penalty phase 

 3   they talk about, in the criminal retention of 

 4   medical marijuana, is the person guilty of this 

 5   new crime when they are a certified patient or 

 6   caregiver who knowingly obtains or possesses or 

 7   stores or maintains more than the amount of the 

 8   medical marijuana that they are authorized to 

 9   possess.  

10                Through you, Mr. President, if the 

11   sponsor would continue to yield.

12                SENATOR SAVINO:   Yes.

13                SENATOR SMITH:   I'm just a little 

14   confused about if they are, according to page 8, 

15   section 5A, if they're given a certain amount, a 

16   monthly supply, how is it that or under what 

17   circumstances do you believe that they can and 

18   will possess more than the authorized amount?  

19                SENATOR SAVINO:   Through you, 

20   Mr. President, this section, this new criminal 

21   penalty was insisted upon by the Governor and 

22   the Superintendent of Police because of a 

23   concern that they have about patients 

24   potentially stockpiling their medical marijuana.  

25                As you stated, under the proposed 


                                                               4822

 1   bill marijuana patients would be entitled to 

 2   have no more than a 30-day supply, similar to 

 3   what we do now with prescription drugs and 

 4   Schedule II substances.  However, they are able 

 5   to have what they call 30 days plus 7.  If they 

 6   get within seven days of the end of their 

 7   supply, they could renew.  

 8                What the Superintendent of Police 

 9   is concerned about is that people don't use it, 

10   hold onto it, begin to stockpile it for the 

11   purposes of diversion.

12                SENATOR SMITH:   Mr. President, if 

13   the sponsor would continue to yield.

14                SENATOR SAVINO:   Yes.

15                ACTING PRESIDENT GRIFFO:   The 

16   sponsor yields.

17                SENATOR SMITH:   There's a section 

18   that talks about the termination of the program.  

19   The Governor has a fail-safe piece, there's a 

20   public health safety part to it.  

21                The question is, has consideration 

22   been given, and maybe the Health Department will 

23   do so in the future, if you have a program that 

24   is now in existence for let's say a year, the 

25   particular patient has now grown accustomed to 


                                                               4823

 1   the medical marijuana dosage, it is helping 

 2   them, they're using it, and then the Governor, 

 3   because of information by the Health Department 

 4   or the Superintendent of Police, decides it is 

 5   now time to terminate the program, has 

 6   consideration been given to that patient as to 

 7   the weaning off of now the marijuana which has 

 8   now been cut off because the Governor has 

 9   determined it is no longer viable?  

10                SENATOR SAVINO:   Through you, 

11   Mr. President.  That's an excellent question, 

12   Senator Smith.  It is one that I have concern 

13   about.  

14                And during the -- there's been a 

15   lot mentioned about the 18 months and how long 

16   it's going to take.  In fact, requiring a time 

17   line for the start-up of this program was 

18   something that I insisted upon.  Originally the 

19   Governor and the Commissioner of Health wanted 

20   to have an open-ended process, which could have 

21   gone into several years, which is something 

22   we've seen in other states, New Jersey being one 

23   of them.  So 18 months may seem like a lifetime, 

24   but it's really a fairly good period of time to 

25   establish rules and regulations.  


                                                               4824

 1                It is during that period of time 

 2   where there will be a public comment period, we 

 3   are going to have an opportunity to weigh in to 

 4   address just an issue like the one you just 

 5   pointed out.  What we want to make sure that we 

 6   do during that 18-month period is help the 

 7   Department of Health establish a very tightly 

 8   controlled, regulated system so that it can give 

 9   to the Governor what he claims he needs, which 

10   is comfort, knowing that the system is safe, 

11   secure and serving its intended purpose so that 

12   we don't wind up with a scenario where there is 

13   some public health hazard that could be invoked 

14   by either the Commissioner of Health or 

15   Superintendent of Police, you know, justifying 

16   the Governor pulling the plug.

17                The Governor and the Commissioner 

18   of Health do have the right under this statute, 

19   though, to pull the license of any registered 

20   organization that they determine is acting in 

21   violation of the program.  So there's a 

22   safeguard in that as well.

23                SENATOR SMITH:   Okay.  

24                Mr. President, through you, if the 

25   sponsor would continue to yield for a couple 


                                                               4825

 1   more questions.

 2                SENATOR SAVINO:   Yes.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   sponsor yields.

 5                SENATOR SMITH:   Just on the 

 6   business aspect of what I consider just to be a 

 7   new industry, as you locate these new 

 8   dispensers, is these dispensers going to be 

 9   derived from New York businesses?  Are they 

10   coming from out of state being allowed to open 

11   the business, or will it be restricted to 

12   New York farmers, New York entrepreneurs, 

13   et cetera?  

14                SENATOR SAVINO:   Through you, 

15   Mr. President, it must be a New York State 

16   entity.  However, that does not preclude people 

17   from coming into the New York market, much the 

18   way they do now when the START-UP NY program -- 

19   although this would not be eligible for START-UP 

20   NY.  But there's no bar.  However, they would 

21   have to establish a New York State entity.

22                In answer to your question about a 

23   farm, could a farmer in New York State apply for 

24   this license?  Certainly.  There are conditions 

25   in the bill about, though, who can and can't -- 


                                                               4826

 1   what conditions they must meet to apply, whether 

 2   it's having access to property, you know, 

 3   acquiring property, in the absence of having 

 4   property, being able to post a $2 million bond.  

 5   We only want serious individuals applying for 

 6   licenses in this state.  There are also a series 

 7   of background checks and other requirements that 

 8   they'll have to submit to.

 9                Marijuana grown in this state must 

10   be grown indoors in a tightly controlled, 

11   secure, 24-hour-secured facility.  A greenhouse 

12   could be one of them, but it couldn't be in open 

13   farmland.

14                SENATOR SMITH:   Okay.  

15   Mr. President, through you, if the sponsor would 

16   yield for one more question.

17                SENATOR SAVINO:   Yes.

18                ACTING PRESIDENT GRIFFO:   The 

19   sponsor yields.

20                SENATOR SMITH:   Again, on the 

21   business side, I didn't see in the bill -- and I 

22   read through it last night, had a lot of 

23   conversations with people from the community 

24   about it.  But I didn't see in the bill where 

25   there is a section or where it would require any 


                                                               4827

 1   of the new dispensers and/or businesses to have 

 2   a requirement in support of our veterans as well 

 3   as minority and women-owned businesses.

 4                SENATOR SAVINO:   Through you, 

 5   Mr. President, I don't believe it is in the 

 6   statute.  But it's something that could be in 

 7   the regulations.

 8                SENATOR SMITH:   Okay.  On the 

 9   bill, Mr. President.

10                Thank you, Senator Savino.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Smith on the bill.

13                SENATOR SMITH:   And again, let me 

14   thank Senator Savino for her effort and all the 

15   work, all my colleagues as well.  

16                This is not an easy bill.  It's not 

17   easy because of the concerns that have been 

18   raised by many of my colleagues -- Senator 

19   DeFrancisco, Senator Libous, Senator O'Brien.  

20   And my conversations up until 1 o'clock last 

21   night, in particular from people in my district, 

22   was 50/50, to be honest with you.  There were 

23   members who supported it, and there were members 

24   who were opposed to it, for a host of reasons.  

25                And it's very difficult in terms of 


                                                               4828

 1   where I am on this bill, and it took me a while 

 2   to get to where I am because of some discussion, 

 3   as people have talked about, the gateway, not 

 4   having enough medical input on it.  

 5                But, Mr. President and my 

 6   colleagues, it came down to two things for me.  

 7   One was about choice, and the other one was 

 8   about pain.  And if I have to make a vote today 

 9   regarding whether I'm going to have a choice of 

10   what to do about medical marijuana or helping 

11   someone relieve the pain, I have to come down on 

12   the side on pain.  

13                And so while this has not been an 

14   easy road for me in terms of deliberating this 

15   bill, I want to congratulate Senator Savino.  I 

16   will be voting for this bill.  And I do hope in 

17   the near future, as you look to amend it, some 

18   of the things that were raised today on the 

19   business side and on the patient side and the 

20   health side will be considered.

21                So, Mr. President, I will be voting 

22   aye for the bill.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Tkaczyk.

25                SENATOR TKACZYK:   Thank you, 


                                                               4829

 1   Mr. President.

 2                I rise to also applaud Senator 

 3   Savino for all of her hard work on getting this 

 4   bill to the floor today.  I know it's been an 

 5   arduous journey.  I also appreciate the comments 

 6   from my colleagues on the floor today.  I know 

 7   this isn't an easy issue.  It is complicated.  

 8                But I am supportive of the 

 9   legislation.  And I just want to share a story 

10   about a constituent in my district who is 

11   impacted by this.  Her name is Mabel Grace 

12   Decker.  She's a year old.  Mabel Grace has 

13   CDKL5, which is a rare X-linked genetic disorder 

14   which results in early and difficult to control 

15   seizures.  She's had these seizures since she's 

16   been about a month and a half.  

17                And she would be here with her 

18   parents, if she could, to advocate for this 

19   bill.  But she cannot, because she is in 

20   Colorado.  Her parents have decided that her 

21   having access to the oil form of medical 

22   marijuana is so important that Mabel Grace's 

23   mom, Carly, and Mabel are in Colorado today 

24   getting the medication that is helping their 

25   daughter.  It's helping their daughter reduce 


                                                               4830

 1   the seizures.  It's helping their daughter 

 2   obtain some neurological development.  It's 

 3   helping their daughter.  

 4                That's why I'm voting for this 

 5   legislation.  And I hope that we can be working 

 6   towards helping this family get back to New York 

 7   State so that she can get this medication here.  

 8                This bill is giving that family 

 9   hope and so many other families hope that they 

10   can obtain this legally here in this state.  But 

11   it's still -- 18 months is a long way for Mabel 

12   Grace to still be in Colorado.  So I would hope 

13   that we can work towards getting that ability to 

14   have the oil form as quickly as possible so our 

15   families can come back home.

16                Thank you.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Squadron.

19                SENATOR SQUADRON:   Thank you, 

20   Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Squadron, are you on the bill?  

23                SENATOR SQUADRON:   On the bill, 

24   Mr. President.  

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4831

 1   Squadron on the bill.

 2                SENATOR SQUADRON:   I want to join 

 3   the chorus thanking Senator Savino for her 

 4   dogged efforts to bring this home, and all of my 

 5   colleagues for a debate and a discussion today 

 6   that really is patient-centered and really is 

 7   about balancing what is a complicated and 

 8   difficult issue, partially because of the point 

 9   Senator Libous made so movingly.  It's not a 

10   cure, and we need to be very clear about that.  

11   And I think most folks are have tried to be.

12                The point that Senator Hannon made, 

13   that we would be better offer with an FDA 

14   process.  We don't have an FDA process and we're 

15   not likely to get a full one from the federal 

16   government anytime soon, and too many people are 

17   suffering too much in the meantime.  The federal 

18   government has done some research on this, 

19   though, and none of it is inconsistent with 

20   anything that we've heard today.

21                I also think the point about 

22   concern and focus on side effects is an 

23   important one to consider.  But that really has 

24   to be considered in the context of medications 

25   and of the kinds of serious and debilitating 


                                                               4832

 1   suffering that the people with us today, and so 

 2   many others around the state, are experiencing.

 3                And I think we all know that among 

 4   currently legal, heavily prescribed and 

 5   generally considered noncontroversial 

 6   medications, the side effects and the impacts 

 7   today are enormous.  That's true especially with 

 8   anti-seizure medication -- not just the kind of 

 9   first-generation stuff that I've seen my own 

10   family members become seriously withdrawn on, 

11   but even some of what we're seeing today and a 

12   lot of what is prescribed for children.

13                I also think it's critical that we 

14   think about the kind of abuse that we see among 

15   these generally noncontroversial and widely 

16   prescribed medications like opioids on the 

17   market.  Vicodin and Oxycontin and Oxycodone, 

18   which are abused by more than 5 million 

19   Americans, lead to the kind of addiction that 

20   we've discussed on this floor that 

21   Senator Boyle's commission and Task Force on 

22   Heroin saw a linkage with some of the impacts 

23   and the devastation of heroin in communities 

24   across the state.

25                Depressants -- Valium and Xanax and 


                                                               4833

 1   others, they're abused by more than 2.5 million 

 2   Americans who become addicted to them.  Even 

 3   stimulants.  People forget that Ritalin and 

 4   Adderall, prescribed in heavy, heavy, heavy 

 5   doses to lots and lots of kids, have addictive 

 6   properties and really very similar to 

 7   essentially marketed versions of speed in many 

 8   cases, certainly the first generations of those 

 9   drugs.  

10                And I think in each one of these 

11   cases there's a balance to be struck between the 

12   needs of patients who are suffering and are 

13   struggling.  And I wouldn't question any 

14   individual parent's decision around any of those 

15   generally noncontroversial and widely prescribed 

16   medications.  And I think that in that context, 

17   if you look at the medical marijuana proposal 

18   before us and you look at the impact in 22 other 

19   states, it really is a no-brainer that this 

20   should be available to folks.

21                We have a whole lot of knowledge on 

22   it, despite the FDA's failure.  We have 

23   knowledge because of the other states that have 

24   had it for I guess 16 years now.  We have 

25   knowledge because there has been a great deal of 


                                                               4834

 1   research in situations where it's been widely 

 2   used and not approved to be used.  

 3                And I do think that it's critical 

 4   that we stay on the patient-centered focus on 

 5   this and not get into what I do think is part of 

 6   the issue and part of the reason that this fight 

 7   has gone on so long and this does feel so 

 8   difficult and seems so controversial relative to 

 9   those other prescription medications I 

10   discussed, which is the way that we have framed 

11   for a long time the war on drugs or what drugs 

12   addiction is.  

13                Now I have to say, in a bipartisan 

14   way in this house and in this Legislature, this 

15   year we've moved past that.  That Task Force on 

16   Heroin and the conclusion of it and the laws 

17   that we passed earlier this week, we heard 

18   people on both sides of the aisle say we need to 

19   deal with addiction as an illness and we need to 

20   solve it.  We don't want to criminalize addicts.  

21   We need to control access and make sure that 

22   those who are providing access inappropriately, 

23   who are targeting kids and vulnerable people in 

24   communities, need to be punished.  We're 

25   actually moving towards a consensus on those 


                                                               4835

 1   issues.  

 2                And I do think that the historical 

 3   conversation on these issues of illegal drugs 

 4   makes it that much harder for some to swallow 

 5   this proposal.  But when you unpack it a little 

 6   bit, this proposal appropriately and carefully 

 7   controls access, identifies a way to figure out 

 8   and avoid side effects, and is not the first 

 9   foray into an unknown and severe medication, but 

10   an appropriate next step as we try to separate 

11   out some of the rhetoric that has become 

12   overheated and led to all kinds of consequences 

13   on both the medical side and the criminal 

14   justice side for a long time, and move to a 

15   place where we really are, as I think everyone 

16   on both sides of this debate has been today, 

17   truly patient-centered when it comes to 

18   conversations about what medications and what 

19   drugs -- because medications are drugs -- folks 

20   are being prescribed to help cure them, and in 

21   the absence of curing them, as in this case, to 

22   help provide a little relief from the kind of 

23   suffering that none of us want to see any of our 

24   loved ones or any of our constituents or anyone 

25   in this state have to endure.


                                                               4836

 1                So I thank Senator Savino and all 

 2   my colleagues for the debate today and for the 

 3   opportunity to move this conversation forward 

 4   for those who most need it.  

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Boyle.

 8                SENATOR BOYLE:   Mr. President, 

 9   briefly on the bill.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Boyle on the bill.

12                SENATOR BOYLE:   I too would like 

13   to thank Senator Savino for her tireless efforts 

14   to bring this bill to the floor, and thank the 

15   advocates and family members for their calls and 

16   their letters and their visits to Albany.

17                I can tell you that I have always 

18   viewed medical marijuana with a very jaundiced 

19   eye.  As a matter of fact, a few years ago, as a 

20   member of the New York State Assembly, I voted 

21   against a more expansive version of this bill.  

22   When I came to the Senate, I was named chairman 

23   of the Alcoholism and Drug Abuse Committee, and 

24   most recently the Heroin Task Force.  And I 

25   actually opposed the original version of this 


                                                               4837

 1   piece of legislation, the Compassionate Care 

 2   Act.  

 3                But Diane and others, you've 

 4   addressed some of my concerns.  As you know, I 

 5   wanted a highly regulated version of medical 

 6   marijuana.  In my mind, I think of two different 

 7   versions:  California, which in my mind is 

 8   really a joke of a medical marijuana, it's 

 9   legalization light, and more like New Jersey, 

10   which is more regulated.  This version is much 

11   more like New Jersey, highly regulated.  

12                The other concern I had, as Diane 

13   knows, she and I have spoken about it, was 

14   smoking.  I'm against smoking, obviously.  And I 

15   don't think -- I can't remember the last time we 

16   know of a doctor who actually prescribed smoking 

17   as medicine.  Probably the 1940s, if not before.  

18   We do not have smoking in this piece of 

19   legislation.  

20                As far as regulation, I wish I had 

21   as much faith as some of my colleagues here in 

22   the federal regulators, the FDA.  When I think 

23   of the FDA, I think of a federal bureaucracy 

24   that has not allowed drugs that have been used 

25   safely in Europe for decades to come to the 


                                                               4838

 1   United States, that have allowed toxic chemicals 

 2   in our children's products and not acted on that 

 3   for decades, but did act on Zohydro, a powerful 

 4   opioid that their own panel of experts decided 

 5   11-2 against allowing into the United States, 

 6   and they reversed the decision of their own 

 7   panel of experts and is going to allow Zohydro 

 8   to come to this country.  That's the drug to 

 9   watch.  We need to be careful of that.

10                Again, a last issue, which is not 

11   in the bill but I believe will be covered in the 

12   regulations, and I urge the Governor's 

13   Department of Health to do so, is a measured or 

14   metered dose.  The doctors need to know how much 

15   of this drug their patients are getting, whether 

16   it's effective, whether it needs to be increased 

17   or decreased.  I urge that.  

18                And I again thank Diane for 

19   bringing truly medical marijuana to New York 

20   State.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Martins.

23                SENATOR MARTINS:   Thank you, 

24   Mr. President.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4839

 1   Martins on the bill?

 2                SENATOR MARTINS:   On the bill.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Martins on the bill.

 5                SENATOR MARTINS:   You know, I have 

 6   hosted and I've participated in a number of 

 7   forums in my district and around the state 

 8   having to do with the heroin epidemic.  Every 

 9   person who testified at our forums and at our 

10   hearings, every person who testified spoke to 

11   marijuana being a gateway drug.  Every one of 

12   them.  And here we are.

13                A month ago in the Health 

14   Committee, when this bill was presented, I voted 

15   no.  And I voted no because of my concerns and 

16   real concerns, as expressed by so many parents 

17   and so many healthcare providers, that that 

18   heroin addiction that that child who died, died 

19   as a result of their introduction to addiction 

20   through marijuana.

21                The bill we have before us today 

22   has evolved considerably since then.  And I 

23   think it's a testament to the deliberative 

24   nature of this body that we have an opportunity 

25   to get together to discuss issues and to be 


                                                               4840

 1   thoughtful.  

 2                And we've heard a lot today about 

 3   leadership.  Leadership is not about sound 

 4   bites.  Leadership is not about catchy titles to 

 5   bills.  Leadership is about reading the bill, 

 6   understanding the contraindications, 

 7   understanding the risks involved, and being able 

 8   to come to a thoughtful decision.

 9                So here we are today.  The bill we 

10   have before us today addresses issues I believe 

11   are critically necessary to a thoughtful 

12   approach to providing some relief to people who 

13   desperately need it -- and we're all aware of 

14   that -- but at the same time drawing the line 

15   and not allowing for recreational use or 

16   expansion of recreational use and the expansion 

17   of that gateway drug.

18                It's critically important.  It is 

19   critically important that we are no longer 

20   talking about the sale of leaf and plant, but 

21   we're talking about other forms of marijuana 

22   that are going to provide therapeutic and 

23   palliative relief without expanding the 

24   opportunity for it to be abused, for it to be 

25   passed on, and for it to get into the hands of 


                                                               4841

 1   those who should not have it.

 2                I'm also concerned about dosage 

 3   requirements, and I want to see clarity through 

 4   regulations that when this is administered, when 

 5   we do allow for it and when this is finally in 

 6   place, that there are dosage requirements that 

 7   will clearly delineate not only the components 

 8   of the marijuana but also the method by which it 

 9   will be administered.

10                I want to see accountability.  I 

11   want to see accountability by the medical 

12   professionals, the doctors who will be 

13   recommending its use.  But I want it to be a 

14   targeted approach.  

15                This bill provides that kind of 

16   targeted approach, and I appreciate that.  

17   Because we have been given the opportunity to 

18   vote on a bill that addresses those concerns in 

19   ways that the bill that was before the Health 

20   Committee just a month ago did not.

21                Now, we across the state and on 

22   Long Island are dealing with this heroin 

23   epidemic, as I mentioned earlier.  It affects 

24   everyone.  And we need to balance our commitment 

25   to our communities, where literally last year in 


                                                               4842

 1   our communities on the island, over 120 kids 

 2   died of heroin abuse, heroin overdoses, not to 

 3   mention those that were brought back through 

 4   naloxone and that were able to recover.  But 120 

 5   died.

 6                Mr. President, I appreciate the 

 7   fact that this bill strikes that balance.  And I 

 8   appreciate the fact that we're given the 

 9   opportunity because we were able to work 

10   together to put a bill that we could all 

11   support, or many of us could support, or at 

12   least that I could support.  

13                So I want to thank this body for 

14   working so well together across the aisle, as we 

15   should when it comes to critical needs like 

16   this, on a bill that's going to provide relief 

17   for those who need it, those who are on chemo, 

18   children who are fighting and dealing with the 

19   realities of epilepsy and seizures, parents and 

20   families that are coping with these chronic 

21   conditions.  

22                This bill will provide relief, so I 

23   will be supporting this bill.  And I want to 

24   thank the sponsor, I want to thank the Governor, 

25   and I want to thank my colleagues for their 


                                                               4843

 1   efforts in bringing this together and affording 

 2   us the opportunity to vote on a bill that is 

 3   worthy of this body in a way that perhaps those 

 4   that we were asked to vote on earlier were not.

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Grisanti.

 8                SENATOR GRISANTI:   On the bill.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Grisanti.

11                SENATOR GRISANTI:   Yes, thank you, 

12   Mr. President.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Grisanti, are you on the bill?

15                SENATOR GRISANTI:   On the bill.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Grisanti on the bill.

18                SENATOR GRISANTI:   I want to agree 

19   with what Senator Boyle had stated.  

20                And, you know, the FDA has done 

21   nothing.  And they're not going to do anything.  

22   And the reason is they don't want to do 

23   anything.  They want to have control in 

24   different fashions on something else.  That's 

25   why they're not going to do anything on this.  


                                                               4844

 1   So we have to go ahead and move forward on it.

 2                Now, it may have been mentioned or 

 3   not, but, you know, the Department of Health is 

 4   amenable to expedited licenses to at least one 

 5   registered organization to expedite, pursuant to 

 6   emergency regulations, the product of low-THC, 

 7   high-cannabis oil to help with regards to 

 8   children with pediatric epilepsy.  

 9                And we also know that there's going 

10   to be technical changes in this legislation, and 

11   all parties are amenable to chapter amendments 

12   as they're required.

13                So but giving aside all this, I 

14   don't know how many of you attended the hearings 

15   that we had here, but let me tell you something.  

16   The hearings that we had to see not only 

17   constituents but citizens of this state 

18   testifying why their child was having a seizure 

19   that was lasting 20 minutes that other family 

20   members that were there were attending to that 

21   child while the parent was still speaking.  Do 

22   you know how heart-wrenching that is?  Not so 

23   much for me -- it was heart-wrenching.  I mean, 

24   I'm watching it and I'm in tears because I'm 

25   watching the child stiffen up and be in pain.  


                                                               4845

 1   But you have to times that by 24.  And I say 24, 

 2   because that's how many hours in a day they see 

 3   that all the time, seven days a week.  That's 

 4   what's heart-wrenching.

 5                And to know and to do the research 

 6   that different forms of epilepsy -- Dravet, 

 7   where they use the oil, it works on some 

 8   children, it doesn't work on others.  Other 

 9   epileptic diseases it works on some but not the 

10   others.  But the point is, it works on some.  It 

11   works on some people, some kids.  And it does 

12   provide pain relief.  You can go from 

13   17 prescription medications down to three.  You 

14   can go from 200 to 300 seizures a day down to 

15   maybe two or three every other day.  

16                Not only is that relief for the 

17   child, but imagine the relief for the family 

18   members -- the parents, the aunts, uncles, 

19   grandmother, grandfather that are there 24/7 -- 

20   that finally they can get some rest, some 

21   enjoyment in their lives to not have that 

22   constant stress of when is another seizure going 

23   to hit, is this going to be the last seizure, 

24   are we going to see our son or daughter again.  

25                That's what's important to remember 


                                                               4846

 1   here.  That if this is something that can help 

 2   out those families and those constituents, then 

 3   without a doubt this is something that we must 

 4   do.

 5                I'm fortunate, I'm not in that 

 6   situation.  I know people that are in that 

 7   situation, and I feel for them every single day 

 8   and my prayers and thoughts go out to them.  But 

 9   those hearings, Senator Savino, that we had, and 

10   there was very few that were there attending it, 

11   that was heart-wrenching.  And I feel for the 

12   parents and everybody that was there, everybody 

13   that advocated.  

14                But as Senator Martins said, to get 

15   the Assembly and the Senate and the Governor on 

16   board to get this done, and there will be 

17   changes made, that's what it's all about in 

18   New York State, is to get it done.  I think the 

19   regulations are probably going be the most 

20   stringent in the nation.  

21                I vote aye.  Thank you very much, 

22   Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Ranzenhofer.

25                SENATOR RANZENHOFER:   Thank you, 


                                                               4847

 1   Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Are you 

 3   on the bill?  

 4                SENATOR RANZENHOFER:   Yes, on the 

 5   bill.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Ranzenhofer on the bill.

 8                SENATOR RANZENHOFER:   First of 

 9   all, what I would like to begin by saying is I'm 

10   very thankful to the leadership in the process 

11   that this whole debate has taken.  They had the 

12   very wise judgment to send us home early last 

13   night at 2 a.m. rather than take up the bill at 

14   that time.  And like many bills that are 

15   discussed at 3:00 or 4:00 in the morning, I 

16   thought it was a very good decision to take this 

17   bill up today.  We're in our fourth hour right 

18   now, and God only knows how everybody would have 

19   been at 6 or 7 a.m. in the morning if we had 

20   continued through the night.  So I'm very, very 

21   thankful to that.

22                This has been a very, very long 

23   process for everybody.  But the long process is 

24   something that we're used to.  You know, we're 

25   here every week, we debate bills all the time.  


                                                               4848

 1   But for the people in our communities that don't 

 2   do this every day on every issue, this has 

 3   really been a journey, and an arduous journey, 

 4   for them because this is something that's very 

 5   unusual in their lives.  They lead much more 

 6   normal lives than we do, and they are to be 

 7   commended for their advocacy on this issue.

 8                This has been the one issue in my 

 9   five and a half years here, bar none, that we 

10   have spent the most time on discussing.  I would 

11   say that this has lasted from our very first 

12   meeting here in January up until the middle of 

13   June today.  We talked about it before the 

14   budget, during the budget, and certainly after 

15   the budget.  We all have had many, many private 

16   meetings in our offices with constituents, with 

17   advocates, with doctors, with people from 

18   substance abuse agencies.  

19                And we received so much 

20   contradictory information:  This is great, this 

21   is not great, there are risks, there are no 

22   risks.  And we have to have that filter.  We I'm 

23   sure -- again, just speaking for myself, have 

24   had many town hall meetings where people have 

25   come and expressed their views.  So there's been 


                                                               4849

 1   no shortage of, number one, information and, 

 2   number two, time to deliberate and discuss this 

 3   issue.

 4                Now, some may accuse me sometimes 

 5   of being a little bit deliberative and slow in 

 6   making a decision.  And I actually pride myself 

 7   on that, because I like to filter all the 

 8   information.  And sometimes people don't like 

 9   when you are deliberative and you're thinking 

10   about things.  They want to know are you for it, 

11   are you against it.  But that's not the way that 

12   this system works.  When there is a lot of 

13   information here, sometimes people are slow to 

14   make decisions.  And I think that's good thing 

15   rather than a bad thing.

16                Now, I agree with many of the 

17   earlier speakers when they talked about those 

18   concerns, because I share those concerns and 

19   I've expressed those concerns in terms of the 

20   specific serious illnesses that are listed in 

21   the bill.  And if I was writing the bill myself 

22   and I could craft that bill, the bill would be a 

23   little bit different.  But this is, again, the 

24   collective effort of many, many minds and many, 

25   many judgments.  But I share those concerns 


                                                               4850

 1   about the list of illnesses that are in there.

 2                I also share the concerns about 

 3   whether or not this is going to work.  And 

 4   should we wait a little longer until we have 

 5   clinical trials and the like.  I'd like to make 

 6   two point on that.  

 7                The comment was made that we're 

 8   18 months out and in order to get to the end, 

 9   you have to start at the beginning.  So if you 

10   don't start at the beginning, whether it be 

11   today or yesterday or the next day, you'll never 

12   get to the end.  So if you waited until next 

13   year or the year after that, then you're two and 

14   a half years out, three and a half years out.  

15   So I do feel it's very important to get started.

16                Now, do I share the concerns about 

17   how effective medical marijuana is going to be?  

18   I do share those concerns, because I'm not 

19   convinced by the medical evidence.  

20                But one thing that I know is that 

21   when you talk about some of these illnesses that 

22   are in here -- and I'll mention epilepsy 

23   specifically -- right now many of these people 

24   are taking drugs that are approved by the FDA 

25   whose drugs have gone through clinical trials 


                                                               4851

 1   and they've been vetted.  And the outcome of all 

 2   of that science and all of that medicine and all 

 3   of that time is that many of these medications 

 4   that are prescribed to deal with these illnesses 

 5   are not working.  So then where do you go?  

 6                Now, I am blessed or lucky that I 

 7   don't have a family member right now suffering 

 8   from one of these illnesses.  And I did not have 

 9   a child, when my children were younger, that 

10   suffered from epilepsy and had the symptoms of 

11   seizures.  And I can't imagine what it's like to 

12   go through that.  I just can't.  I can't put 

13   myself in the shoes of these parents that have 

14   to deal with this on a day-to-day basis.  

15                But one thing I do know is that if 

16   I was in their shoes, I would want some help.  

17   Is it going to work?  Are you going to get a 

18   guarantee?  I don't believe you are.  But I do 

19   believe that we are at the point that -- and I 

20   wouldn't call it false hope, but I think you 

21   have to weigh are you giving false hope versus 

22   no hope.  What do you do when you have a child, 

23   as Senator Grisanti said, when the medicines 

24   that you are prescribed by your physicians, who 

25   are experts in the field, don't work?  


                                                               4852

 1                And that's what we're doing today.  

 2   I think we are providing opportunity, we are 

 3   providing hope.  Are we providing compassion?  

 4   Perhaps.  But we're giving people who right now 

 5   feel hopeless and at wits' end and don't know 

 6   where to turn, we're giving them a very 

 7   structured, constricted mechanism where a year 

 8   and a half down the road, and they know that, 

 9   they may be able to get some relief for their 

10   child.

11                So is this a no-brainer?  Certainly 

12   not.  Is it a 55/45 decision?  It is, like many 

13   of these issues that we face are.  But I come 

14   down on the side of trying to give some hope, 

15   maybe it's a glimmer of hope, to something that 

16   is going to help some of these families with 

17   some of these conditions which they are living 

18   with every day.

19                Thank you, Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Stewart-Cousins.

22                SENATOR STEWART-COUSINS:   Thank 

23   you, Mr. President.

24                I first of all want to thank 

25   Senator Savino for her work on this issue, for 


                                                               4853

 1   the -- everyone said it, the perseverance, the 

 2   dogged determination to make sure that people 

 3   who didn't get it or didn't want to get it at 

 4   least had to hear it.  And sometimes when you 

 5   put a name like "compassion" on it, it really 

 6   compels you to think twice where you might not 

 7   have thought about it at all.

 8                I want to thank, on the Assembly 

 9   side, Assemblyman Gottfried.  And one of my 

10   colleagues talked about the evolution, and 

11   here's a man who's been doing this for 18 years.  

12   And so clearly there has been an evolution that 

13   we are here at this point getting ready, with 

14   the majority of my colleagues here in the 

15   Democratic Conference, to pass this piece of 

16   legislation.

17                I also want to thank the leaders, 

18   Senator Klein and Senator Skelos, and of course 

19   the Governor.  This was a very bumpy week, and 

20   I'm sure you all who are here and have been 

21   sitting through it, you know, we were up, we 

22   were down, it wasn't happening and, you know, it 

23   was going to be vetoed.  And you're like, oh, my 

24   gosh, how do I leave a situation and come here 

25   and have even what looks like a more volatile 


                                                               4854

 1   situation.  And yet of course in the course of 

 2   things, it got pulled together, and I think this 

 3   is an outcome that we want.

 4                As I was leaving the press 

 5   conference, I saw my neighbor Emma Lofton Woods.  

 6   And Emma I've known for years.  Her husband died 

 7   11 years ago, as mine died seven years ago.  And 

 8   as I was leaving, she just embraced me, and she 

 9   said "Thank you."  And she was in tears because 

10   her husband, who had to go to California, could 

11   not be helped here, and he's gone.  But she 

12   still understood that there need not be 

13   repetition of that kind of experience for people 

14   who could benefit.  

15                We're not breaking new ground.  

16   We'll be the 23rd state.  And you know, we're 

17   New York and we like to always believe that 

18   we're ahead of the curve in doing things.  But 

19   sometimes we're not.  And I think so many of my 

20   colleagues talked about their concerns and their 

21   trepidations, and I think there was an evolution 

22   for everyone.  

23                And I know that as we promulgate 

24   these rules over the next 18 months or so, we 

25   will have an opportunity to really put the 


                                                               4855

 1   guidelines in place, the regulations in place.  

 2   And of course the Governor wanted the 

 3   opportunity to pull the plug at any time if 

 4   there was a law enforcement issue or a public 

 5   health issue.  So there's a lot of things that 

 6   are staged to help us get to the place where we 

 7   all know we need to go.

 8                I want to thank my friend Colonel 

 9   Larkin.  Today, because we're not doing military 

10   stuff, you're Senator Larkin.  But when you 

11   start yelling at us, I remember the military 

12   part:  How do you do this, and like okay.  You 

13   just want to stop and salute.  

14                (Laughter.)

15                SENATOR STEWART-COUSINS:   As he's 

16   waving his cane, the man understands chronic 

17   pain.  And he understands being in battles that 

18   sometimes don't look like it's going to work out 

19   well or heading, you know, a troop of 

20   African-American soldiers that nobody thought 

21   you should be leading and going through battle, 

22   ultimately winning the war, but understanding 

23   that sometimes things happen in between that 

24   make the war easier.  

25                And what we're talking being are 


                                                               4856

 1   these interim steps that make these wars that 

 2   you're fighting for your families easier.  Why 

 3   can't we do that?

 4                Senator Libous, I hope when you 

 5   come back next year you'll be trial-free and 

 6   flourishing.  And I hope that everyone who's 

 7   taken the time to fight this fight and push this 

 8   rock up the hill understands that we that are 

 9   going to do this thing in the next few moments 

10   could never have done it without you.  Our hat's 

11   off.  Much gratitude.  Let's get it done.  

12                Thank you.  

13                (Applause from gallery.)

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Skelos.  

16                SENATOR SKELOS:   Thank you very 

17   much, Mr. President.  

18                I want to start off by thanking 

19   Senator Savino for her patience, for diligently 

20   working on this legislation, and certainly for 

21   meeting many of the concerns that a lot of us 

22   had concerning the direction of this 

23   legislation.

24                I can honestly say, for the first 

25   time in the Senate, I believe every single 


                                                               4857

 1   person who's spoken has been correct.  On both 

 2   sides of the issue, everybody has been 

 3   absolutely correct.  

 4                And I also know that no matter what 

 5   side of the issue you're on, we're all 

 6   compassionate and concerned about those of you 

 7   who are up here, especially the young children 

 8   that are suffering with epilepsy.

 9                I forget whether it was Senator 

10   Grisanti or Ranzenhofer talked about the journey 

11   of this legislation.  If you were to tell me at 

12   the beginning of this session that I would be 

13   voting yes on this legislation, I would say to 

14   you no way.  No way.  

15                Now, I'm happy that a certain 

16   smoking provision is not in the legislation, 

17   because then I really would have had a problem 

18   with the legislation.  But life for all of us is 

19   a journey.  And Senator Larkin has had a very 

20   interesting journey in his life, a little longer 

21   than mine.  But what I have found, as you get a 

22   little bit older in life -- and I've observed 

23   this with my father, who's now 93, just retired.  

24   He, Goldwater Republican, strict Republican 

25   still is, maintains his principles.  


                                                               4858

 1                But through those experience of 

 2   life, burying two of my mothers from cancer, my 

 3   birth mother when I was two years old, and my 

 4   stepmom, who brought me up, both suffering from 

 5   cancer, dying from it, and didn't have the 

 6   relief, perhaps, that we are offering to some 

 7   today.  

 8                So that's a journey we all have, 

 9   and at times we should be a little flexible.  We 

10   should be a little bit more compassionate and a 

11   little bit understanding, a little more 

12   understanding of the journey that others have 

13   are having, even if it's not affecting us or our 

14   families like has been mentioned.

15                I mentioned that at the beginning 

16   of this session there's no way I would have 

17   voted for this legislation.  But when you meet 

18   Oliver Miller from my district, 14 years old -- 

19   and some of the folks here mentioned that they 

20   have 10, 12 seizures a day.  He has hundreds of 

21   seizures a day as a result of a prebirth stroke.  

22                And his mom, Missy, believes -- and 

23   they're not here today, because they were here 

24   yesterday or this morning and they had to go 

25   back because Oliver was suffering from seizures.  


                                                               4859

 1   His mom believes that if Oliver can get the oil, 

 2   that those seizures can go down to perhaps four 

 3   a day.  Now, think about that.  Hundreds of 

 4   seizures a day down to four a day.  So to me, 

 5   that's worth voting for this legislation, just 

 6   based on hundreds of seizures down to four 

 7   seizures a day.

 8                Now, this legislation, is there 

 9   going to be an opportunity to change it, amend 

10   it, make it better?  Some of the perhaps 

11   typographical errors, omissions, clarity that's 

12   needed.  I truly believe in the next 18 months 

13   this is going to happen because the Governor, 

14   this Legislature, we all take this very 

15   seriously and we understand the journey that 

16   we're going through right now with this 

17   legislation.

18                And there will be many 

19   opportunities.  The Governor has given his 

20   commitment that if it's not going in the right 

21   way, that the Superintendent of State Police or 

22   the Commissioner of Health can end it.  Can end 

23   it.  And if we're not ready in 18 months, can 

24   continue it.  And we can have a play if we feel 

25   it's going wrong.  Because it's only the 


                                                               4860

 1   Legislature that can appropriate the money, 

 2   whether it's through excise taxes or the Health 

 3   Department to continue this program.  If we feel 

 4   that it's not going in the right direction or 

 5   our input isn't there, we certainly can exercise 

 6   or prerogative.

 7                But again, I'm going to just 

 8   conclude and say, Diane, we thank you for your 

 9   good work.  We thank the Governor, we thank 

10   Assemblyman Gottfried and everybody in this room 

11   for the input, the deliberation, and the 

12   thoughtfulness on this legislation.

13                Mr. President, I'll be voting aye.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Klein.

16                (Applause from the gallery.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Klein.

19                SENATOR KLEIN:   Thank you, 

20   Mr. President.

21                I also want to thank Senator 

22   Savino.  I know she deserves a tremendous amount 

23   of credit.  But I think the story of her work on 

24   this bill, as Senator Skelos said, is really the 

25   journey of how an important piece of legislation 


                                                               4861

 1   ultimately becomes law.  You have to listen.  

 2   You have to learn.  You have to get deep inside 

 3   the issue and certainly become an expert, and 

 4   that's what Senator Savino did.  

 5                You have to talk to your 

 6   colleagues, both sides of the aisle, explain why 

 7   this is an important issue, explain how you're 

 8   changing lives.  And that's certainly what she 

 9   did.  

10                But I think Senator Savino didn't 

11   just learn about this issue, she got inside of 

12   it.  She saw it from behind the eyes of the 

13   mother watching her daughter suffer from 

14   epilepsy and watching constant seizures play out 

15   as prescribed medications failed to contain 

16   them.  She saw it from behind the eyes of the 

17   30-year-old man fighting cancer who battles 

18   nausea, nausea caused by the very medications 

19   aimed at trying to make him better.  She saw it 

20   from behind the eyes of the physician who knows 

21   that when it comes to his patients suffering 

22   from MS, medicinal marijuana would bring 

23   much-needed relief.  She saw it truly from 

24   everyone's eyes.  

25                And then she went to work to 


                                                               4862

 1   develop a strong, sensible, scientifically based 

 2   common-sense piece of legislation.  And as with 

 3   so many other issues she's worked on, she was 

 4   persuasive and certainly diligent.  She raised 

 5   the discourse of this issue beyond right and 

 6   wrong, us and them, morality and ideology, and 

 7   by doing so elevated the conversation.  

 8                I certainly watched many of my 

 9   colleagues over the last several years who had a 

10   change of heart and clarity of direction when it 

11   came to this issue.  She never gave up, and I 

12   think we owe her a debt of gratitude for that.  

13                In the past few weeks I think we 

14   saw it was clear -- to me, anyway -- that we had 

15   more and more momentum on this issue.  This was 

16   a call to action.  I knew it was imperative to 

17   bring this bill to the floor, that it was the 

18   year to get it done, that the time for 

19   legalizing medicinal marijuana is now.  

20                The merits of this bill are sound.  

21   It is a comprehensive bill that ensures the safe 

22   and regulated use of medical marijuana in the 

23   State of New York.  This bill puts the power to 

24   prescribe where it belongs, in the hands of 

25   doctors, who know their patients best.  Moving 


                                                               4863

 1   forward as science develops and medicine 

 2   evolves, illnesses deemed to benefit from this 

 3   type of treatment will be added or removed, 

 4   making an organic system always on the cutting 

 5   edge, to ensure the best possible treatment for 

 6   those New Yorkers in need.  

 7                It is not our place to be doctors.  

 8   We are legislators.  And we must recognize that 

 9   we're merely the vehicle and that the doctors 

10   should be doing the driving.  This is clear 

11   today.  I think we're on the cusp of doing 

12   something very, very important.  Because when 

13   individuals wait so long for the relief they 

14   deserve, when they wait so long to get relief 

15   from family members that they love so much, 

16   today we are changing thousands of lives of 

17   New Yorkers for the better opinion, and I thank 

18   you.  

19                (Applause from the gallery.)

20                ACTING PRESIDENT GRIFFO:   I call 

21   upon Senator Savino to close debate.

22                SENATOR SAVINO:   Thank you, 

23   Mr. President.

24                First, I want to thank all of you 

25   for your help with me on this journey.  Before I 


                                                               4864

 1   begin individually on thanking some people, I 

 2   want to name someone who's not here in the 

 3   chamber with us.  He used to sit right here, 

 4   right over there (indicating).  Former Senator 

 5   Tom Duane, who carried this bill for six years.  

 6                And when he left the Senate, he 

 7   asked me if I would pick it up, because he knew 

 8   I had an interest in it.  Because when I first 

 9   got here and he was carrying the bill, I agreed 

10   to cosponsor it.  And we had a discussion at the 

11   time about why I thought medical marijuana was 

12   the right thing for New York State.  

13                And I shared the experience I'd had 

14   with both of my parents, who unfortunately died 

15   very young from lung cancer.  And I watched them 

16   suffer, just like so many people have watched 

17   members of their families suffer.  And during 

18   that period of time I realized that for my 

19   mother, for my father, for my grandfather as 

20   well, they had one of two choices.  They could 

21   suffer, or they could continue to be prescribed 

22   seriously addictive narcotics.  Which at that 

23   point in their life, it really didn't matter; 

24   they just needed relief.  But it didn't really 

25   provide relief.  For most of them, particularly 


                                                               4865

 1   my grandfather, all it did was rob him of 

 2   whatever time he had left because he was in a 

 3   sedative state for the remaining months of his 

 4   life.  He didn't want to live like that, but he 

 5   had no choice.  

 6                That's what happens to so many 

 7   people right now.  Because in our state, if you 

 8   are suffering from any of the conditions that 

 9   could be covered by this bill, you have a 

10   choice.  You can suffer or you can become 

11   dependent upon highly addictive, dangerous drugs 

12   that oftentimes don't work, they don't really 

13   provide the relief.  But yet we don't have any 

14   choice.

15                I've listened a lot today to this 

16   debate, and I just want to make a few points 

17   about some of the concerns that some of you 

18   still have.  And I share them as well.  

19                If the FDA, Senator Hannon, would 

20   finally act, we wouldn't be doing this here in 

21   New York State or in state houses across the 

22   country.  The FDA would reschedule marijuana, 

23   and it would go through U.S. studies, and we 

24   would be able to have a comprehensive program 

25   across the country.  But they've refused to do 


                                                               4866

 1   that.  

 2                But you know, we're an amazing 

 3   nation, where we have one of the best healthcare 

 4   systems in the world.  But we are not the only 

 5   country in the world.  And we are not the only 

 6   place where they have amazing healthcare 

 7   delivery systems.  This product, medical 

 8   marijuana, has been studied extensively all over 

 9   the world.  We can look to our northern 

10   neighbor, Canada.  They have research studies.  

11   They understand the value of medical marijuana 

12   and how it can be prescribed and how it provides 

13   relief.  Go to Ireland; they've done it there.  

14   Israel.  The United Kingdom.  

15                We have a body of medical evidence 

16   to support this.  Which is why there are so many 

17   physicians' organizations that support this.  

18   Whether they be the Epilepsy Foundation or 

19   oncologists, there are doctors who rely on that 

20   medical training and research that's been done 

21   in other places.  

22                But if you want to look locally, we 

23   have 22 -- we will be the 23rd state.  There are 

24   22 other states that have been utilizing medical 

25   marijuana, some of them as far back as 1996.  


                                                               4867

 1   Alaska adopted a medical marijuana statute in 

 2   1998; we could look to Alaska.  We could look to 

 3   Colorado, we could look to Connecticut, we could 

 4   look to New Mexico.  We could look to any of 

 5   them where they have developed protocols and 

 6   physicians have been prescribing marijuana for 

 7   medicinal purposes.  So we can take comfort from 

 8   that.  

 9                But yes, it would be better if the 

10   FDA would finally act.  By the way, the same FDA 

11   that has rubber-stamped some of the most 

12   dangerous drugs that we have ever dealt with in 

13   our history.  So the FDA doesn't always provide 

14   us the comfort that we need.

15                Again, I wish we could do this 

16   sooner -- for Oliver, for Mabel, for everyone.  

17   But it does take a time to get a system like 

18   this up and running.  And hopefully within that 

19   18-month period of time we will all be able to 

20   have some input on it.  And we can bring Mabel 

21   back home, and we can provide relief for Oliver.  

22                We will not be able to provide a 

23   cure for people with these conditions.  I'm very 

24   aware of that.  What we can provide, though, is 

25   treatment options and relief for patients.  And 


                                                               4868

 1   the ability of patients and their doctors to 

 2   make those decisions for themselves.  That's 

 3   what today is about.  

 4                I want to thank a few people, 

 5   though, before I sit.  I know we have been at 

 6   this a long time, and I really want to thank 

 7   each and every one of you.  I know that I can be 

 8   somewhat persuasive, I think Senator Klein 

 9   pointed out.  

10                (Laughter.)

11                SENATOR SAVINO:   I've seen some of 

12   you run away from me.  But when I caught you, 

13   you still were respectful and you listened.  

14                More importantly, I listened.  When 

15   I picked up this bill from Senator Tom Duane, it 

16   was a very, very different piece of legislation.  

17   And it's been a very different piece of 

18   legislation since I reintroduced it at the 

19   beginning of this year.  And a lot of those 

20   changes came about because I had the opportunity 

21   to talk to each and every one of you, even those 

22   of you who are still voting no on the bill.  I 

23   sought your input, I listened to your concerns, 

24   and I tried to find a way to address them in the 

25   legislation.  I believe that is what we are 


                                                               4869

 1   supposed to do with huge pieces of public policy 

 2   like this.  

 3                So even if you don't vote for it 

 4   today, you still had input on this bill.  You 

 5   can still proudly say that you helped this bill 

 6   become the strongest, most regulated medical 

 7   marijuana statute in the country, and you can 

 8   partially take credit for the relief that's 

 9   going to be extended to patients even if you 

10   vote no.  Because I listened to you.  

11                And I was able to work with 

12   Assemblyman Gottfried, who, by the way, is an 

13   amazing individual.  I had the pleasure of 

14   working on this bill with Dick Gottfried, who's 

15   been carrying it for 18 years.  We would never 

16   have gotten where we were if not for his 

17   diligence.  

18                I would not be where we are tonight 

19   or this afternoon if someone else in this 

20   chamber didn't have the guts to be the deciding 

21   vote to move the bill out of the Health 

22   Committee, and that is Senator Bill Larkin.

23                (Sustained applause.)

24                SENATOR SAVINO:   Senator Klein, 

25   I'm sure everyone here can imagine how grateful 


                                                               4870

 1   I am to you for your leadership.  In more ways 

 2   than one.

 3                Senator Skelos, thank you for 

 4   putting up with our demand that this come to the 

 5   floor.  And I'm so happy that you're voting for 

 6   it now, because I know I was a pest.  

 7                Senator Stewart-Cousins, for 

 8   showing leadership in your conference.  We would 

 9   not be passing this bill if they hadn't already 

10   been signed onto the bill from the very 

11   beginning.

12                There are a few other people I just 

13   have to mention that have been involved in this 

14   process, starting first and foremost with my 

15   staff.  Barbara O'Neill is behind me.  But Bryan 

16   Clenahan, my counsel, has really done the most 

17   amazing job on this bill.

18                (Applause.)

19                SENATOR SAVINO:   All of our 

20   staff -- John Emrick, the chief of staff to the 

21   IDC, had to put up with me every day, and I 

22   think he's probably going to qualify under the 

23   posttraumatic stress portion of the bill at some 

24   point in the future.  

25                (Laughter.)


                                                               4871

 1                SENATOR SAVINO:   Lisa Reid and Pat 

 2   McCarthy, Vince Marrone, Jess Schafroth, Artie 

 3   Malkin, Gabriel Sayegh, Julie Netherland, Liz 

 4   Hamlen -- 

 5                (Applause.)

 6                SENATOR SAVINO:   -- they helped us 

 7   every day work this bill through both houses.  

 8   And as a result of their tireless efforts, we 

 9   are here at this moment where we are finally 

10   going to make New York State the next state to 

11   have medical marijuana available to the 

12   patients.  

13                And finally, to the patients, to 

14   the families, to the mothers, to everyone, thank 

15   you.  We would not be here if not for you and 

16   your willingness to travel -- and this was not 

17   easy for you to be here on a weekly basis to 

18   meet with members, to just continue to press the 

19   case for your family members.  You are the 

20   reason we're here today.  You are what this bill 

21   is all about.  Thank you.

22                (Extended applause.)

23                ACTING PRESIDENT GRIFFO:   The 

24   debate is closed.  

25                The Secretary will ring the bell.


                                                               4872

 1                I would ask members to please take 

 2   their seats.  On their explanation of votes 

 3   today, we will comply with the rules.  We've had 

 4   an extensive discussion of the issue.  

 5                The Secretary will read the last 

 6   section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will call the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Sanders to explain his vote.

14                SENATOR SANDERS:   Thank you, 

15   Mr. President.  

16                We call it compassionate care, but 

17   we have left a legion of folk out from the 

18   compassion.  As a veteran, I cannot stand idle 

19   and allow vets not to be mentioned here.  We 

20   also have PSTD -- PTD -- I'm so mad that I can't 

21   even get it right.  

22                However, we're not mentioned in 

23   here.  We have been left out of this.  There are 

24   so many ways that this can be undone.  It can be 

25   undone by the Police Department, the Health 


                                                               4873

 1   Department.  It starts in 2015.  

 2                However, a lot of good people 

 3   fought hard and long on this issue.  Senator 

 4   Savino, of course, quickly comes up, along with 

 5   all of these other people that have been 

 6   mentioned.  

 7                This is a very timid beginning, but 

 8   perhaps it is a beginning.  And in order to stop 

 9   the pain that's going on out here, I vote yes on 

10   this issue.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Sanders to be recorded in the affirmative.

13                Senator Gallivan to explain his 

14   vote.

15                SENATOR GALLIVAN:   Thank you, 

16   Mr. President.

17                This debate not just today but over 

18   the last six months has been very extensive and, 

19   as we heard from many people, often very 

20   emotional.  Which sometimes makes a reasoned 

21   decision even more difficult.  

22                But after hearing from constituents 

23   time and time again, extensive discussion with 

24   medical experts, and not just my own but my 

25   staff's extensive review of available research, 


                                                               4874

 1   I now believe that limited use of marijuana for 

 2   seriously ill patients under a doctor's care is 

 3   justified and warranted.

 4                As a former state trooper and 

 5   sheriff of Erie County, I have concerns and have 

 6   had concerns about the production and 

 7   distribution of the product and the potential 

 8   for abuse.  I believe, though, the proposed 

 9   legislation provides adequate safeguards and 

10   feel the potential benefits outweigh the 

11   negatives.

12                I am further comforted in knowing 

13   that the program can be suspended in the event 

14   it does not perform as intended, and that the 

15   Legislature will have the opportunity to revisit 

16   this as appropriate.

17                Throughout this process, I felt it 

18   important that my ultimate vote be based on the 

19   latest medical and scientific research and that 

20   any approved program be strictly regulated and 

21   administered.  While some disagree, I believe 

22   we've reached this threshold and achieved the 

23   proper balance.  

24                I've always felt that those in 

25   public service are there to help others, 


                                                               4875

 1   especially those seriously in need.  Today we 

 2   get that opportunity.  

 3                I vote aye.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Gallivan to be recorded in the affirmative.

 6                Senator Kennedy to explain his 

 7   vote.

 8                SENATOR KENNEDY:   Thank you, 

 9   Mr. President.

10                I rise today to support this 

11   legislation that has been decades in the making.  

12                I want to thank the bill's 

13   sponsor for her leadership, my colleagues on 

14   both sides of the aisle in making today a 

15   reality, and especially those folks that have 

16   joined us, the advocates -- the mothers, the 

17   fathers, the friends, the relatives, the 

18   neighbors, the community activists that have 

19   banded together and have spread the word on why 

20   it makes sense for New York State to join the 

21   ranks of over 20 states in the nation in giving 

22   further medical options to those individuals 

23   that need it the most.  

24                You know, I look up and I see these 

25   beautiful young children that are going to 


                                                               4876

 1   benefit and, you know, their families, and I see 

 2   the tears.  And I'm so proud that those tears, 

 3   that I'm sure over the years have been tears of 

 4   agony, are now tears of joy as New York State 

 5   takes a positive step forward in the right 

 6   direction in helping your families, your 

 7   children, maybe yourselves.

 8                I know that we pass hundreds of 

 9   pieces of legislation throughout the year every 

10   single year, and rarely, if ever, does a bill 

11   that we pass have the impact on someone's health 

12   that this will have on so many thousands of 

13   individuals that are suffering from debilitating 

14   diseases.  So I'm proud to join in support of 

15   this legislation, and thank you for making today 

16   a reality.

17                Thank you, Mr. President.  I vote 

18   aye.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Kennedy to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   In relation to 

23   Calendar Number --

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Marchione to explain her vote.


                                                               4877

 1                SENATOR MARCHIONE:   Thank you.  I 

 2   actually waited to be last to explain my vote, 

 3   because I wanted to listen to everyone in this 

 4   conference.  

 5                I usually walk in into a room and 

 6   I've done my homework, I've combed the bills, 

 7   and my colleagues realize that.  Thank you so 

 8   much, Dean, for allowing today to happen today, 

 9   because I wanted to do that.  I did that.  It 

10   was very, very late when I got home.  

11                I combed your bill, Senator Savino, 

12   the first time, your Compassionate Care Bill, 

13   and I found lots of things in it that I felt 

14   weren't right.  And I had such concern.  I have 

15   to tell you, like many of my colleagues here 

16   today, I have such concerns that we cannot end 

17   up like a California.  

18                You know, I heard mentioned today 

19   that someone got relief in California, and 

20   that's wonderful.  I also have a picture on my 

21   cellphone that my niece sent me two weeks ago 

22   when she was in California with a person in a 

23   wheelchair with a sign that said "Money for 

24   weed."  

25                We can't become California.  We 


                                                               4878

 1   must protect our young people from having this 

 2   become another epidemic like heroin is.  We 

 3   worked on that yesterday.  We passed 11 bills 

 4   because it is such a concern.

 5                This bill itself I have concerns 

 6   about.  So many of the concerns were listed 

 7   today.  I have a concern that the Department of 

 8   Health Commissioner has a right to add different 

 9   debilitating diseases or diseases that are not 

10   debilitating, just serious, to this list without 

11   us having oversight over that.  I have concern 

12   about that.

13                I have a concern that it's cash and 

14   not health insurance so that everyone who is in 

15   need who may not have the funds could partake in 

16   it.

17                I have many concerns.  And I know, 

18   Diane, you probably thought as you walked around 

19   and you talked to people, why bother.  I'm the 

20   conservative Senator who is just going to 

21   absolutely vote no on this legislation.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Marchione, could you wrap --

24                SENATOR MARCHIONE:   I will wrap 

25   up, thank you.  


                                                               4879

 1                But I'm not.  I'm going to vote 

 2   yes.  And I have agonized over this as I sat 

 3   here.  I have a yes speech, and I have a no 

 4   speech.  

 5                (Laughter.)

 6                SENATOR MARCHIONE:   And this has 

 7   been one of the most difficult votes for me in 

 8   my pragmatic way, because it's not pragmatic.  

 9   It's about caring for people as well.  

10                So I'm going to leave my pragmatic 

11   way and I'm going to trust that this legislation 

12   is going to be legislation that is going to 

13   protect people, going to help people, and not 

14   let us become a California.

15                Thank you for the extra time.  

16                (Applause from the gallery.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Marchione to be recorded in the affirmative.

19                Senator Latimer to explain his 

20   vote.

21                SENATOR LATIMER:   Mr. President, 

22   we're all casting today a vote of hope.  

23                There is a story in the Scriptures 

24   that many of us believe to be the words of 

25   Jesus Christ, when he said:  "When I was hungry, 


                                                               4880

 1   you gave me food.  When I was in need of 

 2   clothing, you clothed me, unto the kingdom of 

 3   heaven."

 4                And the individual said, "Lord, 

 5   when did I see you hungry?  When did I see you 

 6   naked?  When did I see you in prison?"

 7                He said, "When you did this for the 

 8   least of my brothers, you did it unto me."  

 9                Our vote today is a vote of hope 

10   because whatever we feel, we see people in need.  

11   We see people hungry for something that might 

12   make their life better.  And that vote of hope 

13   is something that as conservative or as liberal 

14   or as moderate as we may be, we share in that 

15   hope.  And we hope that the story to be told 

16   about what we've done today will allow us, 

17   10 years, 20 years from now, to say that we 

18   collectively did do the right thing.  

19                Senator Marchione, we did the right 

20   thing today.

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Latimer to be recorded in the affirmative.

24                Announce the results.

25                THE SECRETARY:   In relation to 


                                                               4881

 1   Calendar 1659, those recorded in the negative 

 2   are Senators Ball, DeFrancisco, Griffo, Hannon, 

 3   LaValle, Libous, Nozzolio, Ritchie, Seward and 

 4   Zeldin.

 5                Ayes, 49.  Nays, 10.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed. 

 8                (Cheers, sustained applause.)

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Libous, that completes the controversial reading 

11   of the calendar.

12                Senator Gianaris, why do you stand?

13                SENATOR GIANARIS:   Mr. President, 

14   can you please call on Senator Serrano for an 

15   announcement.

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Serrano.

18                SENATOR SERRANO:   Thank you, 

19   Mr. President.

20                There will be an immediate meeting 

21   of the Senate Democratic Conference in Room 315.

22                ACTING PRESIDENT GRIFFO:   There 

23   will be an immediate meeting of the Democratic 

24   Conference in Room 315, immediate meeting of the  

25   Democratic Conference.


                                                               4882

 1                Senator Libous.

 2                SENATOR LIBOUS:   There will be a 

 3   Rules Committee meeting at 2:45 in Room 332.

 4                ACTING PRESIDENT GRIFFO:   There 

 5   will be a Rules Committee meeting in Room 332 at 

 6   2:45.  

 7                The Senate will stand temporarily 

 8   at ease.

 9                (Whereupon, the Senate stood at 

10   ease at 2:22 p.m.)

11                (Whereupon, the Senate reconvened 

12   at 3:25 p.m.)

13                ACTING PRESIDENT GRIFFO:   The 

14   Senate will come to order.

15                Senator Libous.

16                SENATOR LIBOUS:   Mr. President, I 

17   believe there's a report of the Rules Committee 

18   at the desk.  Could we have it read at this 

19   time.

20                ACTING PRESIDENT GRIFFO:   There is 

21   a report of the Rules Committee at the desk.  

22                The Secretary will read.

23                THE SECRETARY:   Senator Skelos, 

24   from the Committee on Rules, reports the 

25   following bills:  


                                                               4883

 1                Senate Print 592, by Senator 

 2   Gianaris, an act to amend the Real Property Tax 

 3   Law; 

 4                Senate 4926C, by Senator Hannon, an 

 5   act to amend Section 38 of Part A of the 

 6   Chapter 60 of the Laws of 2014;

 7                Senate 5227B, by Senator Robach, an 

 8   act in relation to the transportation; 

 9                Senate 5705B, by Senator Lanza, an 

10   act to amend the Racing, Pari-Mutuel Wagering 

11   and Breeding Law; 

12                Senate 5942A, by Senator Kennedy, 

13   an act to amend the Social Services Law; 

14                Senate 6389A, by Senator 

15   Stewart-Cousins, an act to amend the Vehicle and 

16   Traffic Law;

17                Senate 6553A, by Senator Kennedy, 

18   an act to amend the Social Services Law; 

19                Senate 6804, by Senator Lanza, an 

20   act to amend the Criminal Procedure Law; 

21                Senate 6890, by Senator 

22   Ranzenhofer, an act to amend the Public 

23   Authorities Law; 

24                Senate 6892, by Senator 

25   Ranzenhofer, an act to amend the Public 


                                                               4884

 1   Authorities Law; 

 2                Senate 7185, by Senator Golden, an 

 3   act to amend the Local Finance Law; 

 4                Senate 7236A, by Senator 

 5   Hassell-Thompson, an act to amend the Vehicle 

 6   and Traffic Law;

 7                Senate 7387A, by Senator Golden, an 

 8   act to amend the Public Health Law; 

 9                Senate 7431A, by Senator Grisanti, 

10   an act to amend the Mental Hygiene Law; 

11                Senate 7640, by Senator Savino, an 

12   act to amend the Real Property Tax Law; 

13                Senate 7702, by the Committee on 

14   Rules, an act to amend Chapter 20 of the Laws of 

15   2009; 

16                Senate 7704, by the Committee on 

17   Rules, an act to amend Chapter 22 of the Laws of 

18   2009; 

19                Senate 7732, by Senator Felder, an 

20   act to amend the Public Authorities Law;

21                Senate 7746, by Senator Little, an 

22   act to amend the Tax Law; 

23                Senate 7800, by the Committee on 

24   Rules, an act to amend the Public Health Law; 

25                Senate 7810, by Senator Golden, an 


                                                               4885

 1   act to amend the Civil Service Law; 

 2                Senate 7815, by Senator Flanagan, 

 3   an act to amend Chapter 675 of the Laws of 1984; 

 4                Senate 7832, by Senator Hannon, an 

 5   act in relation to directing; 

 6                Senate 7853, by the Committee on 

 7   Rules, an act to amend the Nassau County 

 8   Administrative Code; 

 9                Senate 7880, by the Committee on 

10   Rules, an act to amend a chapter of the Laws of 

11   2014;

12                And Senate 7916, by Senator Lanza, 

13   an act to amend the Environmental Conservation 

14   Law.

15                All bills reported direct to third 

16   reading.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Libous.

19                SENATOR LIBOUS:   Thank you, 

20   Mr. President.

21                I move to accept the report of the 

22   Rules Committee.

23                ACTING PRESIDENT GRIFFO:   All in 

24   favor of accepting the Rules Committee report 

25   signify by saying aye.


                                                               4886

 1                (Response of "Aye.")

 2                ACTING PRESIDENT GRIFFO:   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Committee on Rules report is accepted and before 

 6   the house.

 7                SENATOR LIBOUS:   Mr. President, 

 8   could we go to motions, please.

 9                ACTING PRESIDENT GRIFFO:   We will 

10   return to motions and resolutions.

11                SENATOR LIBOUS:   I'd like to adopt 

12   today's Resolution Calendar, with the exception 

13   of Resolutions 6123 and 6072.

14                ACTING PRESIDENT GRIFFO:   All in 

15   favor of adopting the Resolution Calendar, with 

16   the exceptions that have been indicated, signify 

17   by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT GRIFFO:   Opposed?  

20                (No response.)

21                ACTING PRESIDENT GRIFFO:   The 

22   Resolution Calendar is adopted.

23                Senator Libous.

24                SENATOR LIBOUS:   Mr. President, at 

25   this time Senator Hannon has a resolution at the 


                                                               4887

 1   desk.  It's Number 6123.  I believe he would 

 2   like the title read, and then if you could call 

 3   on Senator Hannon.  And I think several other of 

 4   my colleagues may also want to speak on this.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   Secretary will read.

 7                THE SECRETARY:   Legislative 

 8   Resolution Number 6123, by Senator Hannon, 

 9   calling on the federal government to reevaluate 

10   guidelines and allocate additional funding 

11   related to Lyme and tick-borne diseases.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Hannon.

14                SENATOR HANNON:   Thank you very 

15   much, Mr. President.

16                Earlier this week the Task Force on 

17   Lyme Disease and Tick-Borne Diseases made its 

18   report and recommendations.  Yesterday we passed 

19   a statute in regard to part of the state's 

20   enforcement mechanism on physicians.  And today 

21   what we'd like to do is call on the federal 

22   government to deal with this disease in a far 

23   more comprehensive and in-depth way than they've 

24   done before.

25                The resolution talks about it's 


                                                               4888

 1   only recently that Lyme became a reportable 

 2   disease, in '86.  More recently -- namely, last 

 3   year -- the CDC said there's about 300,000 

 4   Americans diagnosed with Lyme each year, most of 

 5   which are in the Northeast.  And we recognize 

 6   this as an epidemic.  

 7                And so we call upon the federal 

 8   government -- the CDC, National Institute of 

 9   Health, anyone else doing research, such as the 

10   Department of Defense -- to focus on this 

11   disease, expand its research, and look at the 

12   treatment guidelines from the CDC, which have 

13   caused a great amount of concern.  

14                So for that reason, there are some 

15   other extraordinarily well-versed members of the 

16   task force, I'd ask that you call upon them to 

17   comment on this resolution.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   LaValle.

20                SENATOR LaVALLE:   Thank you, 

21   Mr. President.

22                I just want to thank again 

23   Senator Hannon for his leadership on this task 

24   force.  

25                And the members that were on that 


                                                               4889

 1   task force worked very, very hard.  We really 

 2   worked very well together.  And we've provided 

 3   for people of this state a blueprint in moving 

 4   forward for an action plan, an action plan both 

 5   at a state level and a federal level.  This 

 6   resolution outlines the federal plan and what 

 7   we're asking the feds to do.

 8                And I believe it's probably one of 

 9   the most effective task forces that I have 

10   served on while being in the Legislature.  We've 

11   provided legislation to deal with the problem 

12   which we discussed the other day, financial 

13   support and public relations support to make the 

14   case that Lyme disease and tick-borne 

15   diseases are very serious, people have died from 

16   these ailments, gone untreated.  

17                And I vote aye.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Little.

20                SENATOR LITTLE:   Thank you, 

21   Mr. President.  

22                I too would like to speak on this 

23   resolution, having been part of the task force, 

24   and again thank Senator Hannon for his 

25   leadership on this.


                                                               4890

 1                Lyme disease was first discovered 

 2   or named in 1986, and I think Connecticut became 

 3   a place where it was pretty rampant.  But it 

 4   quickly crossed the borders and has entered 

 5   New York State and is moving north, coming north 

 6   into the Adirondacks.

 7                The treatment protocols for Lyme 

 8   disease vary, as they would vary, from doctor to 

 9   doctor.  And one of the things that came to our 

10   attention is that many people using -- the 

11   doctors that use the guidelines from the CDC 

12   were finding that many people needed to have 

13   more treatment than those guidelines allowed.

14                Therefore, what we are asking is 

15   for the CDC to look at the treatment protocols 

16   that they have been putting out as guidelines 

17   and to look at the best practices that have been 

18   instituted by doctors in New York State and 

19   throughout the country to see if we can come up 

20   with a better way of dealing with people who 

21   have Lyme disease.

22                I'm very fortunate in my district 

23   to have the Trudeau Institute, which has been 

24   world-renowned for studying vaccines, beginning 

25   certainly with TB, is how it began, and going on 


                                                               4891

 1   to other diseases that they have developed 

 2   vaccines for.

 3                Dr. Tim Sellati, who is at the 

 4   Trudeau Institute, spoke at a meeting we had in 

 5   Glens Falls and also came down and spoke to our 

 6   task force and really gave an interesting take 

 7   on it.  As they deal -- and they deal with mice.  

 8   As they treat mice and try to figure out how 

 9   each reacts, is that these mice, as people will 

10   do, react differently to the tick and the 

11   tick-borne disease.  And there are other parts 

12   of -- you know, some get it mildly, some get it 

13   really difficult, and some really end up with 

14   what we call chronic Lyme disease.  

15                So what we need is more money for 

16   research, more money to help us develop ways of 

17   preventing people from getting Lyme disease, 

18   more money so that we can treat the mice and the 

19   deer and the ticks that are around so that they 

20   are not poisoning people and causing this 

21   disease.

22                So we're asking the CDC and the NIH 

23   to help us in this effort and giving them the 

24   results of our task force and the things that we 

25   have come up with, and certainly hoping that 


                                                               4892

 1   they will pay more attention to Lyme disease and 

 2   to address the issue of how it is best treated 

 3   in this country.  

 4                So I look forward to seeing a 

 5   result, but I really appreciate the opportunity 

 6   to serve on this task force and to be able to 

 7   move it to the federal level so that we can help 

 8   people who -- many of them who suffer from Lyme 

 9   disease for a long period of time, and it takes 

10   lot of effort and time to be diagnosed.  

11                So thank you very much.  Thank you, 

12   Senator Hannon.  Thank you to all my colleagues 

13   for joining us.  Thank you.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Marchione.

16                SENATOR MARCHIONE:   Thank you, 

17   Mr. President.

18                I also served as a member of the 

19   task force and would like to thank 

20   Senator Hannon for his leadership and all of his 

21   effort and work, and for everyone who served on 

22   the committee and for those who came and 

23   testified before us.  I learned more about 

24   tick-borne diseases that I thought I would ever 

25   learn in my life, and I know I have much, much 


                                                               4893

 1   more to learn.  

 2                But I do believe that this body 

 3   moved forward, we listened, we understood, and 

 4   we took action.  And I certainly am thankful to 

 5   be part of a task force that actually followed 

 6   through and really made some good strides 

 7   forward to help the people in New York State.

 8                I represent Rensselaer, Saratoga 

 9   and two other counties.  But those two counties 

10   are some of the most hard-hit in tick-borne 

11   diseases in all of New York State.  I hear 

12   horror stories all the time from people in my 

13   district about the financial and the 

14   psychological and the physical concerns and 

15   problems that they have just to go about their 

16   daily activities.  

17                So I just want to again thank 

18   Senator Hannon, call on the federal government 

19   to join us, and hope that they can move forward 

20   and have as much action as we have had in the 

21   Senate.  

22                Thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   The 

24   question is on the resolution.  All in favor 

25   signify by saying aye.


                                                               4894

 1                (Response of "Aye.")

 2                ACTING PRESIDENT GRIFFO:   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   resolution is adopted.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Mr. President, 

 8   Resolution Number 6072, by Senator Smith, is at 

 9   the desk.  Could you have the title read, and I 

10   believe Senator Smith would like to make some 

11   comments.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 6072, by Senator Smith, 

16   commending Meredith L. Henderson upon the 

17   occasion of her designation for special 

18   recognition by the Alpha Kappa Alpha Sorority, 

19   Inc.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Smith.

22                SENATOR SMITH:   Thank you very 

23   much, Mr. President.

24                Colleagues, I rise this afternoon 

25   to pay tribute to a young lady who has spent 


                                                               4895

 1   most of her life working on behalf of improving 

 2   people's lives as well as working on behalf of 

 3   the State of New York.  

 4                Meredith L. Henderson, who I have 

 5   good fortune of her being my chief of staff, has 

 6   achieved the distinction, much to the excitement 

 7   of many people around the city and around the 

 8   state.  She is a young lady who, as many of you 

 9   know, has always spent a lot of time helping 

10   people.  She's held a number of positions in the 

11   Senate.  She was in the budget office, she was 

12   director of the Black and Puerto Rican and 

13   Hispanic Legislative caucus.  She served as the 

14   first African-American female deputy secretary 

15   to the Majority Leader, and she's now serving as 

16   chief of staff in my office in the Senate.

17                She's a graduate of Union College 

18   and Binghamton University as well.  

19                She has recently been recognized 

20   and elected by her peers in the Alpha Kappa 

21   Alpha Sorority, one of the oldest -- or the 

22   oldest African-American female sorority in this 

23   country, started in 1908.  It is now 106 years 

24   old.  She has served there as part of the 

25   international nominating committee, she's been a 


                                                               4896

 1   parliamentarian, she served as the scholarship 

 2   chairman and most notably as a graduate advisor.  

 3                But what she has achieved, which 

 4   many people are unfamiliar with but will now 

 5   know as we pause for deliberation to acknowledge 

 6   her accomplishments, in recent she has been 

 7   elected as the North Atlantic regional director 

 8   for the Alpha Kappa Alpha Sorority.  

 9                Now, some will say, Malcolm, what 

10   does that mean?  Well, let me give you the 

11   significance of being elected to that position 

12   and what it means.  She is now the North 

13   Atlantic regional director.  That puts her, as a 

14   supervisory individual, over approximately nine 

15   states, from Maine to Maryland.  She reigns over 

16   11 regions in the Northeast corridor.  She is 

17   also over 138 chapters, which has over 10,000 

18   members.  I actually believe that I now work for 

19   Meredith L. Henderson, as opposed to her working 

20   with me.

21                But this is a great day that we 

22   stand on this floor of the Senate to acknowledge 

23   her accomplishments, a young lady who is very 

24   soft-spoken but carries a very large 

25   intellectual stick.  And I am proud to stand on 


                                                               4897

 1   this floor and congratulate her, and I ask my 

 2   colleagues to join me in congratulating her as 

 3   well.

 4                Mr. President, I would like to open 

 5   this resolution for the entire Senate to 

 6   cosponsor.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Libous, the sponsor has requested that the 

 9   resolution be opened for cosponsorship.  

10                Before then, I'm going to recognize 

11   Senator Montgomery.

12                Senator Montgomery.  

13                SENATOR MONTGOMERY:   Thank you, 

14   Mr. President.  

15                I rise to join my colleague and 

16   thank Senator Smith.  It's very appropriate, 

17   obviously, that the Senator sponsor this 

18   resolution.  But I must say this is my own soro.  

19   So he's jumped ahead of me, but that's quite all 

20   right.  And I'm happy to join him, and 

21   definitely I want to be part of that resolution.  

22                It is not very often that we have 

23   an opportunity to rise in this situation and be 

24   able to honor someone who represents the best of 

25   what I believe women represent, and especially 


                                                               4898

 1   African-American women in this country.  And 

 2   that's what Meredith represents in and of 

 3   herself, but also as a member of this sorority.

 4                And I must say that while we are 

 5   Alpha Kappa Alpha women, there are some Delta 

 6   women and Omega women, and those are also part 

 7   of this large community of sorority sisters who 

 8   reflect what we believe are the best of our 

 9   tradition and our communities and our people and 

10   women.

11                So thank you, Senator Smith.  And I 

12   certainly join you in honoring this great 

13   accomplishment of Meredith today.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Parker.

16                SENATOR PARKER:   Thank you, 

17   Mr. President.  On the resolution.

18                I want to add my voice to both 

19   Senator Smith and Senator Montgomery in honoring 

20   Meredith Henderson, who is not only a friend and 

21   a great professional who has worked very hard 

22   for this body, but someone who has gone above 

23   and beyond the work that she does in her job in 

24   terms of community service but also providing 

25   service to the community.  


                                                               4899

 1                She's been involved in a lot of the 

 2   life here in Albany, you know, from charter 

 3   schools to working with young women to just 

 4   making a better way of life for the people in 

 5   the community which she lives in.  And that has 

 6   really been a reflection not just of her own 

 7   values, but the work that she has done with her 

 8   sorority.  

 9                Alpha Kappa Alpha, the first black 

10   female sorority in the nation, boasts some great 

11   members in it, including the late Dr. Maya 

12   Angelou, Toni Morrison, Gladys Knight, Coretta 

13   Scott King, Ella Fitzgerald, Jada Pinkett Smith, 

14   and Marion Anderson, the great singer, were all 

15   members of this sorority.  And of course our own 

16   Senator Velmanette Montgomery.  

17                And so in honoring Meredith 

18   Henderson, we really honor this long legacy of 

19   women, of this tradition of giving back to the 

20   community and putting service first.  And so 

21   we'd like to thank her and all the women of 

22   Alpha Kappa Alpha for their contributions to the 

23   people of State of New York.

24                ACTING PRESIDENT GRIFFO:   Thank 

25   you, Senator Parker.


                                                               4900

 1                Senator Stavisky.

 2                SENATOR STAVISKY:   Yes, thank you, 

 3   Mr. President.  

 4                I too want to honor Meredith 

 5   Henderson.  In college I did belong to a 

 6   sorority, but not that one.

 7                (Laughter.)

 8                SENATOR STAVISKY:   But that 

 9   doesn't stop me from talking about the good work 

10   that Meredith Henderson has done.  I've known 

11   her for quite a few years.  And I commend her on 

12   her distinction with Alpha Kappa Alpha.  

13                Thank you.  

14                ACTING PRESIDENT GRIFFO:   The 

15   question is on the resolution.  All in favor 

16   signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT GRIFFO:   Opposed?  

19                (No response.)

20                ACTING PRESIDENT GRIFFO:   The 

21   resolution is adopted.  

22                We want to extend our 

23   congratulations to Meredith and thank her for 

24   the outstanding work she does.  

25                And, Senator Libous, the sponsor 


                                                               4901

 1   has asked for the resolution to be opened for 

 2   cosponsorship.

 3                SENATOR LIBOUS:   Both the 

 4   resolutions that were on the floor we'd like to 

 5   open up for cosponsorship.  And if for some 

 6   reason somebody doesn't want to go on them, to 

 7   let the desk know.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   resolutions are open for cosponsorship.  Should 

10   you choose not to be a sponsor, please so notify 

11   the desk.

12                Thank you, Senator Libous.

13                SENATOR LIBOUS:   Mr. President, if 

14   it's okay with you and the rest of my 

15   colleagues, I'd like to take up Supplemental 

16   Calendar 54A, the noncontroversial reading.

17                ACTING PRESIDENT GRIFFO:   By all 

18   means.  

19                The Secretary shall read.

20                THE SECRETARY:   Senator Gianaris 

21   moves to discharge, from the Committee on 

22   Veterans, Homeland Security and Military 

23   Affairs, Assembly Bill Number 2124 and 

24   substitute it for the identical Senate Bill 

25   Number 592, Third Reading Calendar 1663.


                                                               4902

 1                ACTING PRESIDENT GRIFFO:   The 

 2   substitution is so ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   1663, by Member of the Assembly Simotas, 

 6   Assembly Print 2124, an act to amend the 

 7   Real Property Tax Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect on the first of July.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.  

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Senator Hannon 

19   moves to discharge, from the Committee on Rules, 

20   Assembly Bill Number 5476D and substitute it for 

21   the identical Senate Bill Number 4926C, Third 

22   Reading Calendar 1664.

23                ACTING PRESIDENT GRIFFO:   The 

24   substitution is so ordered.

25                The Secretary will read.


                                                               4903

 1                THE SECRETARY:   Calendar Number 

 2   1664, by Member of the Assembly Cymbrowitz, 

 3   Assembly Print 5476D, an act to amend Section 38 

 4   of Part A of the Chapter 60 of the Laws of 2014.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 59.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.  

15                THE SECRETARY:   Calendar Number 

16   1665, by Senator Robach, Senate Print 5227B, an 

17   act in relation to the transportation of 

18   students.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4904

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1666, by Senator Lanza, Senate Print 5705B, an 

 6   act to amend the Racing, Pari-Mutuel Wagering 

 7   and Breeding Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 6.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT GRIFFO:   Senator 

16   Bonacic to explain his vote.

17                SENATOR BONACIC:   Yes.  This bill 

18   was exactly the same two years ago when the 

19   Governor vetoed it.  There's not one change 

20   here.

21                They're trying to revive, in 

22   New York City, OTB.  And in my judgment it's 

23   been a failed system, the OTBs in the State of 

24   New York, for the most part.  The City of 

25   New York is against this.  Yonkers Racetrack is 


                                                               4905

 1   against this.  

 2                And what this legislation is trying 

 3   to do is take Catskill Regional OTB that's 

 4   sitting on about $15 million that should have 

 5   been reinvested in the 10 counties in Catskill 

 6   OTB, and they want to jump and make a merger 

 7   with New York City to revive a system that 

 8   failed in New York City.

 9                So let me just sum it up briefly.  

10   When New York City OTB closed in 2010, they owed 

11   Yonkers more than $21 million, which has never 

12   been paid.  And also, when I talked about the 

13   failed system, Nassau OTB has an outstanding 

14   debt to Yonkers Raceway.  

15                Again, I just don't think OTB -- 

16   it's outdated, they have not kept up with 

17   technology -- should be consolidated.  This is a 

18   failed system, and I don't know why the Governor 

19   wouldn't veto it again, because nothing has 

20   changed.  

21                I vote no.  Thank you, 

22   Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Bonacic to be recorded in the negative.

25                Announce the results.


                                                               4906

 1                THE SECRETARY:   In relation to 

 2   Calendar 1666, those recorded in the negative 

 3   are Senators Ball, Bonacic, DeFrancisco, 

 4   Gianaris, Griffo, Hoylman, Krueger, Little, 

 5   Marchione, Seward and Squadron.  Also Senator 

 6   Gipson.  Also Senator Ranzenhofer.

 7                SENATOR LIBOUS:   Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Libous.

10                SENATOR LIBOUS:   Before we go to 

11   final roll, could you give us a second here?  

12                ACTING PRESIDENT GRIFFO:   Sure.  

13                (Pause.)

14                ACTING PRESIDENT GRIFFO:   The 

15   Secretary will continue the roll.

16                THE SECRETARY:   In relation to 

17   Calendar 1666, those recorded in the negative 

18   are Senators Ball, Bonacic, DeFrancisco, 

19   Gianaris, Gipson, Griffo, Hoylman, Krueger, 

20   Libous, Little, Marchione, Ranzenhofer --

21                (Pause.)

22                ACTING PRESIDENT GRIFFO:   We're 

23   going to announce the results again, so pay 

24   attention.  

25                (Laughter.)


                                                               4907

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will read.

 3                THE SECRETARY:   In relation to 

 4   Calendar 1666, those recorded in the negative 

 5   are Senators Ball, Bonacic, DeFrancisco, 

 6   Gianaris, Gipson, Griffo, Hoylman, Krueger, 

 7   Little, Marchione, Ranzenhofer, Seward, Squadron 

 8   and Tkaczyk.  Also Senator Nozzolio.

 9                Ayes, 44.  Nays, 15.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12               On Calendar Number 1667, the Senate 

13  version is high.  The Assembly version is aged, 

14  and the Secretary will read.

15                THE SECRETARY:   Senator Kennedy 

16   moves to discharge, from the Committee on Rules, 

17   Assembly Bill Number 1987A and substitute it for 

18   the identical Senate Bill Number 5942A, Third 

19   Reading Calendar 1667.

20                ACTING PRESIDENT GRIFFO:   The 

21   substitution is so ordered.

22                THE SECRETARY:   Calendar Number 

23   1667, by Member of the Assembly Titus, Assembly 

24   Print 1987A, an act to amend the Social Services 

25   Law.


                                                               4908

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Kennedy to explain his vote.

10                SENATOR KENNEDY:   Thank you very 

11   much, Mr. President.

12                This piece of legislation is very 

13   serious in nature.  It further helps us as we 

14   put forward the comprehensive legislation to 

15   transform our Child Protective Services system 

16   throughout New York State.  

17                Across our country, as we've talked 

18   about so many times in this chamber, about 

19   700,000 children have suffered from abuse and 

20   neglect.  In New York State that number is 

21   at about 80,000 children.

22                When the hotline is called here in 

23   New York State, in the past there has been these 

24   reports taken individually and reported out to 

25   the various municipalities.  This legislation 


                                                               4909

 1   will take into account previous investigations 

 2   and reports of abuse and neglect.  

 3                In Erie County we've seen some very 

 4   high-profile deaths of children over the course 

 5   of the last few years -- the deaths of Abdi 

 6   Mohamud, Eain Brooks, Mayouna Smith, Gage 

 7   Seneca, Jacob Noe.  And young children across 

 8   the state have died because of these unthinkable 

 9   and horrific abuses.  

10                And one of the most alarming 

11   findings in OCFS's recent review of Erie 

12   County's CPS department was that approximately 

13   72 percent of the reports involve families with 

14   histories of previous Child Protective Service 

15   investigations within the past four years.  

16   Twenty-four percent had five or more previous 

17   reports.  

18                So it's fitting that when the 

19   hotline is called, that the reports take into 

20   consideration those previous investigations and 

21   that is referred out to the municipalities.

22                I appreciate the leadership 

23   bringing this to the floor for a vote.  With 

24   that, Mr. President, I vote aye.

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               4910

 1   Kennedy to be recorded in the affirmative.

 2                Announce the results.

 3                THE SECRETARY:   Ayes, 59.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Senator 

 7   Stewart-Cousins moves to discharge, from the 

 8   Committee on Rules, Assembly Bill Number 8250A 

 9   and substitute it for the identical Senate Bill 

10   Number 6389A, Third Reading Calendar 1668.

11                ACTING PRESIDENT GRIFFO:   The 

12   substitution is so ordered.

13                There is a home-rule message at the 

14   desk.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1668, by Member of the Assembly Paulin, Assembly 

18   Print 8250A, an act to amend the Vehicle and 

19   Traffic Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 15.  This 

23   act shall take effect on the 30th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4911

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   In relation to 

 3   Calendar 1668, those recorded in the negative 

 4   are Senators Ball, DeFrancisco, Griffo, 

 5   Ranzenhofer and Zeldin.  Also Senator Larkin.  

 6                Ayes, 53.  Nays, 6.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                The Secretary will continue on 

10   Calendar Number 1669.

11                THE SECRETARY:   Senator Kennedy 

12   moves to discharge, from the Committee on 

13   Children and Families, Assembly Bill Number 

14   8418A and substitute it for the identical Senate 

15   Bill Number 6553A, Third Reading Calendar 1669.

16                ACTING PRESIDENT GRIFFO:   The 

17   substitutions are so ordered.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   1669, by Member of the Assembly Mayer, Assembly 

21   Print 8418A, an act to amend the Social Services 

22   Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 5.  This 


                                                               4912

 1   act shall take effect on the 90th day.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Senator Lanza 

 9   moves to discharge, from the Committee on Codes, 

10   Assembly Bill Number 8749A and substitute it for 

11   the identical Senate Bill Number 6804, 

12   Third Reading Calendar 1670.

13                ACTING PRESIDENT GRIFFO:   The 

14   substitution is so ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1670, by Member of the Assembly Paulin, 

18   Assembly Print 8749A, an act to amend the 

19   Criminal Procedure Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4913

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 59.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1671, by Senator Ranzenhofer, Senate Print 6890, 

 7   an act to amend the Public Authorities Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 3.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 57.  Nays, 

16   2.  Senators Ball and DeFrancisco recorded in 

17   the negative.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1672, by Senator Ranzenhofer, Senate Print 6892, 

22   an act to amend the Public Authorities Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               4914

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 57.  Nays, 

 6   2.  Senators Ball and DeFrancisco recorded in 

 7   the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   is passed.

10                THE SECRETARY:   Senator Golden 

11   moves to discharge, from the Committee on Local 

12   Government, Assembly Bill Number 9463 and 

13   substitute it for the identical Senate Bill 

14   Number 7185, Third Reading Calendar 1673.

15                ACTING PRESIDENT GRIFFO:   The 

16   substitution is so ordered.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   1673, by Member of the Assembly Farrell, 

20   Assembly Print 9463, an act to amend the Local 

21   Finance Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               4915

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 58.  Nays, 

 5   1.  Senator Ball recorded in the negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Senator 

 9   Hassell-Thompson moves to discharge, from the 

10   Committee on Rules, Assembly Bill Number 8368B 

11   and substitute it for the identical Senate Bill 

12   Number 7236A, Third Reading Calendar 1674.

13                ACTING PRESIDENT GRIFFO:   There is 

14   a home-rule message at the desk.

15                The substitution is so ordered.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   1674, by Member of the Assembly Pretlow, 

19   Assembly Print 8368B, an act to amend the 

20   Vehicle and Traffic Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 15.  This 

24   act shall take effect on the 30th day.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4916

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 1674, those recorded in the 

 5   negative are Senators Ball, DeFrancisco, Griffo 

 6   and Zeldin.  Also Senator Larkin.  Also 

 7   Senator Ranzenhofer.  

 8                Ayes, 53.  Nays, 6.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Senator Golden 

12   moves to discharge, from the Committee on Rules, 

13   Assembly Bill Number 9021D and substitute it for 

14   the identical Senate Bill Number 7387A, Third 

15   Reading Calendar 1675.

16                ACTING PRESIDENT GRIFFO:   The 

17   substitution is so ordered.  

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   1675, by Member of the Assembly Davila, 

21   Assembly Print 9021D, an act to amend the 

22   Public Health Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4917

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1676, by Senator Grisanti, Senate Print 7431A, 

10   an act to amend the Mental Hygiene Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Grisanti to explain his vote.

20                SENATOR GRIFFO:   Yes, thank you, 

21   Mr. President.  Believe it or not, I will be 

22   brief.  

23                This legislation, this legislation 

24   establishes a plan to increase housing 

25   opportunities for people with developmental 


                                                               4918

 1   disabilities.  We know, we know that there's a 

 2   severe housing shortage.  You have individuals 

 3   in their eighties that are taking care of 

 4   children that are in their fifties with 

 5   disabilities that they have no idea what's going 

 6   to happen to them when they pass.

 7                This is a start.  The Assembly 

 8   never picked it up.  We're going to have to come 

 9   back to it next year.  But this is something 

10   that we've got to keep on the radar screen and 

11   get this accomplished once and for all.  We have 

12   too many people that do not have housing in 

13   New York State.  In my area, it's up to about 

14   2100.  Check it out in your district and let's 

15   get together and do something next year on it.  

16                Thank you very much.  I vote aye.

17                ACTING PRESIDENT GRIFFO:   How do 

18   you vote, Senator Grisanti?

19                SENATOR GRISANTI:   Aye.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Grisanti to be recorded in the affirmative.

22                It was so brief that I wanted to 

23   make sure I heard it.

24                (Laughter.)

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4919

 1   Secretary will announce the results.

 2                THE SECRETARY:   Ayes, 59.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Senator Savino 

 6   moves to discharge, from the Committee on Rules, 

 7   Assembly Bill Number 9744 and substitute it for 

 8   the identical Senate Bill Number 7640, Third 

 9   Reading Calendar 1677.

10                ACTING PRESIDENT GRIFFO:   The 

11   substitution is so ordered.  

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   1677, by Member of the Assembly Kavanagh, 

15   Assembly Print 9744, an act to amend the 

16   Real Property Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect July 1, 2014.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4920

 1   is passed.

 2                THE SECRETARY:   Senator Skelos 

 3   moves to discharge, from the Committee on Rules, 

 4   Assembly Bill Number 9739 and substitute it for 

 5   the identical Senate Bill Number 7702, Third 

 6   Reading Calendar 1678.

 7                ACTING PRESIDENT GRIFFO:   There is 

 8   a home-rule message at the desk.

 9                The substitution is so ordered.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   1678, by Member of the Assembly Mayer, Assembly 

13   Print 9739, an act to amend Chapter 20 of the 

14   Laws of 2009.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT GRIFFO:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar 1678, those recorded in the negative 


                                                               4921

 1   are Senators Ball, DeFrancisco, Larkin, O'Mara 

 2   and Zeldin.

 3                Ayes, 54.  Nays, 5.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Senator Skelos 

 7   moves to discharge, from the Committee on Rules, 

 8   Assembly Bill Number 9498 and substitute it for 

 9   the identical Senate Bill Number 7704, Third 

10   Reading Calendar 1679.

11                ACTING PRESIDENT GRIFFO:   There is 

12   a home-rule message at the desk.

13                The substitution is so ordered.

14                The Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   1679, by Member of the Assembly Gantt, Assembly 

17   Print 9498, an act to amend Chapter 22 of the 

18   Laws of 2009.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4922

 1                THE SECRETARY:   In relation to 

 2   Calendar 1679, those recorded in the negative 

 3   are Senators Ball, DeFrancisco, Larkin, O'Mara 

 4   and Zeldin.

 5                Ayes, 54.  Nays, 5.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Senator Felder 

 9   moves to discharge, from the Committee on Rules, 

10   Assembly Bill Number 9718 and substitute it for 

11   the identical Senate Bill Number 7732, 

12   Third Reading Calendar 1680.

13                ACTING PRESIDENT GRIFFO:   The 

14   substitution is so ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1680, by Member of the Assembly Nolan, 

18   Assembly Print 9718, an act to amend the 

19   Public Authorities Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4923

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 58.  Nays, 

 3   1.  Senator Martins recorded in the negative.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Senator Little 

 7   moves to discharge, from the Committee on Rules, 

 8   Assembly Bill Number 10049 and substitute it for 

 9   the identical Senate Bill Number 7746, Third 

10   Reading Calendar 1681.

11                ACTING PRESIDENT GRIFFO:   The 

12   substitution is so ordered.

13                The Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   1681, by the Assembly Committee on Rules, 

16   Assembly Print 10049, an act to amend the 

17   Tax Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 57.  Nays, 


                                                               4924

 1   2.  Senators Ball and DeFrancisco recorded in 

 2   the negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Senator Skelos 

 6   moves to discharge, from the Committee on Rules, 

 7   Assembly Bill Number 9421A and substitute it for 

 8   the identical Senate Bill Number 7800, Third 

 9   Reading Calendar 1682.

10                ACTING PRESIDENT GRIFFO:   The 

11   substitution is so ordered.

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   1682, by Member of the Assembly Morelle, 

15   Assembly Print 9421A, an act to amend the 

16   Public Health Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 3.  This 

20   act shall take effect January 1, 2015.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 58.  Nays, 

25   1.  Senator Ball recorded in the negative.


                                                               4925

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Senator Golden 

 4   moves to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 9970 and substitute it for 

 6   the identical Senate Bill Number 7810, 

 7   Third Reading Calendar 1683.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   substitution is so ordered.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   1683, by the Assembly Committee on Rules, 

13   Assembly Print 9970, an act to amend the 

14   Civil Service Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Senator Flanagan 


                                                               4926

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 10019 and substitute it for 

 3   the identical Senate Bill Number 7815, Third 

 4   Reading Calendar 1684.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   substitution is so ordered.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   1684, by the Assembly Committee on Rules, 

10   Assembly Print 10019, an act to amend 

11   Chapter 675 of the Laws of 1984.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.  

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 59.  

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Senator Hannon 

23   moves to discharge, from the Committee on Rules, 

24   Assembly Bill Number 9492 and substitute it for 

25   the identical Senate Bill Number 7832, 


                                                               4927

 1   Third Reading Calendar 1685.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   substitution is so ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   1685, by Member of the Assembly Saladino, 

 7   Assembly Print 9492, an act in relation to 

 8   directing.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Martins to explain his vote.

18                SENATOR MARTINS:   Thank you, 

19   Mr. President.  

20                My colleagues, the County of Nassau 

21   spends about $80 million to $100 million a year 

22   in commercial tax certiorari repayments each and 

23   every year.  This bill will provide relief not 

24   only this year, but next year and each year 

25   thereafter, to the tune of $80 to $100 million.  


                                                               4928

 1                It's been requested by the county 

 2   executive.  It was approved unanimously by the 

 3   Nassau County Legislature.  It provides savings 

 4   going forward for every Nassau County property 

 5   taxpayer, residential taxpayer.  It provides 

 6   relief for our school districts.  It will not 

 7   impact them and, if anything, will provide them 

 8   with additional funding each and every year.  

 9   And it does not impact in any way the county's 

10   continued obligations with regard to the county 

11   guarantee with regard to tax certioraris for 

12   schools in Nassau County.  

13                It's something the county executive 

14   wants.  It's something each and every one of the 

15   county legislators has asked us to do.  And I 

16   thank you for your support today.

17                Mr. President, I vote aye.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Martins to be recorded in the affirmative.

20                Announce the results.

21                THE SECRETARY:   Ayes, 58.  Nays, 

22   1.  Senator Boyle recorded in the negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Senator Skelos 


                                                               4929

 1   moves to discharge, from the Committee on Rules, 

 2   Assembly Bill Number 10097 and substitute it for 

 3   the identical Senate Bill Number 7853, 

 4   Third Reading Calendar 1686.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   substitution is so ordered.

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   1686, by the Assembly Committee on Rules, 

10   Assembly Print 10097, an act to amend the 

11   Nassau County Administrative Code.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 55.  Nays, 

20   4.  Senators Ball, Boyle, Gipson and Lanza 

21   recorded in the negative.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   1687, by the Senate Committee on Rules, 


                                                               4930

 1   Senate Print 7880, an act to amend a chapter of 

 2   the Laws of 2014.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect immediately.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.  Nays, 

11   1.  Senator Ball recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Senator Lanza 

15   moves to discharge, from the Committee on Rules, 

16   Assembly Bill Number 10153 and substitute it for 

17   the identical Senate Bill Number 7916, Third 

18   Reading Calendar 1688.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Libous, the bill is high.

21                SENATOR LIBOUS:   Mr. President, is 

22   there a message at the desk?

23                ACTING PRESIDENT GRIFFO:   There is 

24   a message, but we'd like to substitute first, 

25   Senator Libous.


                                                               4931

 1                SENATOR LIBOUS:   I'm always ahead 

 2   of myself, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   substitution is so ordered.

 5                Senator Libous.

 6                SENATOR LIBOUS:   Is there a 

 7   message of necessity at the desk?

 8                ACTING PRESIDENT GRIFFO:   The 

 9   message of necessity is at the desk.

10                SENATOR LIBOUS:   I move that we 

11   accept the message of necessity.

12                ACTING PRESIDENT GRIFFO:   All in 

13   favor of accepting the message of necessity 

14   signify by saying aye.

15                (Response of "Aye.")

16                ACTING PRESIDENT GRIFFO:   Opposed?  

17                (No response.)

18                ACTING PRESIDENT GRIFFO:   The 

19   message of necessity from the Governor is 

20   accepted.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   1688, by the Assembly Committee on Rules, 

24   Assembly Print 10153, an act to amend the 

25   Environmental Conservation Law.


                                                               4932

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect on the same date and in 

 5   the same manner as a chapter of the Laws of 

 6   2014.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                ACTING PRESIDENT GRIFFO:   Announce 

11   the results.

12                THE SECRETARY:   In relation to 

13   Calendar 1688, those recorded in the negative 

14   are Senators Ball, Griffo, Marchione, Perkins, 

15   Ranzenhofer, Seward and Zeldin.  Also Senator 

16   Libous.  

17                Ayes, 51.  Nays, 8.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                Senator Libous, that completes 

21   the --

22                THE SECRETARY:   Also Senator 

23   Farley.

24                ACTING PRESIDENT GRIFFO:   We're 

25   going to reannounce the results on Calendar 


                                                               4933

 1   Number 1688.

 2                THE SECRETARY:   In relation to 

 3   Calendar 1688, those recorded in the negative 

 4   are Senators Ball, Farley, Griffo, Libous, 

 5   Marchione, Maziarz, Perkins, Ranzenhofer, Seward 

 6   and Zeldin.

 7                (Pause.)

 8                ACTING PRESIDENT GRIFFO:   Announce 

 9   the results.

10                THE SECRETARY:   In relation to 

11   Calendar 1688, those recorded in the negative 

12   are Senators Ball, Farley, Gallivan, Griffo, 

13   Larkin, Libous, Marchione, Maziarz, Nozzolio, 

14   Ranzenhofer, Seward and Zeldin.

15                Ayes, 47.  Nays, 12.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                Senator Libous, that now concludes 

19   the noncontroversial reading of Senate 

20   Supplemental Calendar 54A.

21                SENATOR LIBOUS:   Mr. President, 

22   how long can you hold your breath for?  

23                ACTING PRESIDENT GRIFFO:   How long 

24   would you like me to?

25                (Laughter.)


                                                               4934

 1                SENATOR LIBOUS:   If you could hold 

 2   your breath for a minute, we'll be with you 

 3   shortly and we'll make a couple of 

 4   announcements.

 5                (Pause.)

 6                SENATOR LIBOUS:   Mr. President.

 7                ACTING PRESIDENT GRIFFO:   If 

 8   you'll allow me to exhale.

 9                SENATOR LIBOUS:   Please exhale, 

10   Mr. President.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Libous, you may continue.

13                SENATOR LIBOUS:   Thank you for 

14   holding your breath.

15                There will be a Finance Committee 

16   meeting at 4:30 in Room 332.  That would be the 

17   Finance Committee.  At the conclusion of the 

18   Finance Committee, we will then come back here 

19   to the floor and take up nominations that will 

20   be discussed in the Finance Committee.  

21                And then in the meantime, we will 

22   be working on another Rules report and an active 

23   list.  And the goal would be to move things 

24   right along as quickly as possible so that we 

25   could all adjourn and be on our way to our homes 


                                                               4935

 1   and our districts and those people who hopefully 

 2   still love us.

 3                ACTING PRESIDENT GRIFFO:   There 

 4   will be a meeting of the Finance Committee at 

 5   4:30 in Room 332.  That will be followed by 

 6   activity to be determined and so designated.

 7                (Laughter.)

 8                ACTING PRESIDENT GRIFFO:   Until 

 9   such time, the Senate will stand at ease.

10                SENATOR LIBOUS:   Mr. President, 

11   I'm supposed to get the laughs, not you.  

12                (Whereupon, the Senate stood at 

13   ease at 4:16 p.m.)

14                (Whereupon, the Senate reconvened 

15   at 6:10 p.m.)

16                ACTING PRESIDENT GRIFFO:   The 

17   Senate will come to order.  

18                Senator Libous.

19                SENATOR LIBOUS:   Mr. President, 

20   there will be an immediate meeting of the 

21   Finance Committee in 332.

22                ACTING PRESIDENT GRIFFO:   There is 

23   an immediate meeting of the Senate Finance 

24   Committee in Room 332.  

25                The Senate will stand at ease.


                                                               4936

 1                (Whereupon, the Senate stood at 

 2   ease at 6:10 p.m.)

 3                (Whereupon, the Senate reconvened 

 4   at 6:59 p.m.)

 5                SENATOR LIBOUS:   Mr. President, I 

 6   believe there's some resolutions at the desk, if 

 7   we could take them up in order.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Senate will come to order.

10                The Secretary will read.

11                THE SECRETARY:   Senate Resolution 

12   by Senators Skelos and Klein, establishing a 

13   plan setting forth an itemized list of grantees 

14   for certain appropriations in the 2014-2015 

15   state fiscal year.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll on the resolution.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 59.  

20                ACTING PRESIDENT GRIFFO:   The 

21   resolution is adopted.

22                THE SECRETARY:   Senate Resolution 

23   by Senators Skelos and Klein, establishing a 

24   plan setting forth an itemized list of grantees 

25   for certain appropriations in the 2014-2015 


                                                               4937

 1   state fiscal year.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll on the resolution.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   resolution is adopted.

 8                THE SECRETARY:   Senate Resolution 

 9   by Senators Skelos and Klein, establishing a 

10   plan setting forth an itemized list of grantees 

11   for certain appropriations for the 2014-2015 

12   state fiscal year for grants in aid for drug, 

13   violence and crime control and prevention 

14   programs; for grants that prevent domestic 

15   violence or aid victims of domestic violence; 

16   grants for civil or criminal domestic violence 

17   legal services; grants for law enforcement, 

18   anti-drug, anti-violence, crime control and 

19   prevention programs, as required by a plan 

20   setting forth an itemized list of grantees with 

21   the amount to be received by each, or the 

22   methodology for allocating such appropriation.  

23   Such plan shall be subject to the approval of 

24   the Temporary President of the Senate and the 

25   Director of the Budget and thereafter shall be 


                                                               4938

 1   included in a resolution calling for the 

 2   expenditure of such monies, which resolution 

 3   must be approved by a majority vote of all 

 4   members elected to the Senate upon a roll call 

 5   vote.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll on the resolution.  

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 59.

10                ACTING PRESIDENT GRIFFO:   The 

11   resolution is adopted.

12                THE SECRETARY:   Senate Resolution, 

13   by Senators Skelos and Klein, amending Senate 

14   Resolution R2682 of 2013 establishing a plan 

15   setting forth an itemized list of grantees for 

16   the New York State Economic Development 

17   Assistance Program established pursuant to an 

18   appropriation in the 2008-2009 state fiscal year 

19   and in Part QQ of Chapter 57 of the Laws of 2008 

20   relating to such itemized list of grantees.

21                ACTING PRESIDENT GRIFFO:    Call 

22   the roll on the resolution.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               4939

 1   resolution is adopted.

 2                (Pause.)

 3                SENATOR LIBOUS:   Mr. President.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Libous.

 6                SENATOR LIBOUS:   I think there's a 

 7   report of the Finance Committee at the desk.  

 8   Could we have it read at this time.  Maybe two 

 9   reports, actually.

10                ACTING PRESIDENT GRIFFO:   We will 

11   return to reports of standing committees.  

12                And there are two reports of the 

13   Finance Committee at the desk.  The Secretary 

14   will read.

15                THE SECRETARY:   Senator 

16   DeFrancisco, from the Committee on Finance, 

17   offers the following nomination.

18                As chief enforcement counsel of the 

19   State Board of Elections:  Risa S. Sugarman, of 

20   Pine Bush.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   DeFrancisco.

23                SENATOR DeFRANCISCO:   Yes, I'm 

24   happy to move this nomination.  And due to the 

25   lateness of the hour and how long the nominee 


                                                               4940

 1   has been sitting there waiting for this historic 

 2   moment where we have an enforcement officer, the 

 3   first one in the history of the State of 

 4   New York, being added to the Board of Elections.  

 5                She was approved unanimously in the 

 6   Finance Committee.  She has an incredible, 

 7   incredible record not only prosecuting homicide 

 8   cases in the Bronx, but also supervising 

 9   individuals who are prosecuting homicides, and 

10   many, many other government jobs where she had 

11   supervisory responsibility.

12                She was very clear, during my 

13   private discussion with her and during the 

14   hearing that -- and to many other Senators, that 

15   she doesn't view this job as a gotcha job where 

16   she's going to be looking for technical 

17   violations.  Basically, the board is going to be 

18   looking to help people conform to the technical 

19   requirements of the law and obviously 

20   investigate serious allegations.  

21                So that's exactly what we're 

22   looking for, a person who's going to act in a 

23   bipartisan way and go after serious violations, 

24   not technical ones.

25                So with that said, I move the 


                                                               4941

 1   nomination.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   question on the nomination of Risa S. Sugarman, 

 4   of Pine Bush, as chief enforcement counsel of 

 5   the State Board of Elections.  All in favor 

 6   signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT GRIFFO:   Opposed?  

 9                (No response.)

10                ACTING PRESIDENT GRIFFO:   Risa S. 

11   Sugarman is hereby confirmed as chief 

12   enforcement counsel of the New York State Board 

13   of Elections.  

14                Congratulations, Risa.

15                (Applause.)

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will continue.

18                THE SECRETARY:   As trustees of the 

19   State University of New York Board of Trustees:  

20   Lawrence W. Waldman, of Roslyn Heights, and 

21   Eric Corngold, of Brooklyn.

22                SENATOR DeFRANCISCO:   Move the 

23   nominations.

24                ACTING PRESIDENT GRIFFO:   The 

25   question is on the nominations of Lawrence J. 


                                                               4942

 1   Waldman --

 2                Senator LaValle.

 3                SENATOR LaVALLE:   Yes, I'd like to 

 4   speak on Larry Waldman as a member of the SUNY 

 5   Board of Trustees.  

 6                Mr. Waldman is an accountant, is on 

 7   numerous boards within the Long Island region, 

 8   on the Long Island Association, and is an 

 9   adjunct professor at Hofstra and on the Dean's 

10   Council at Hofstra.  He's involved with the 

11   State University at Stony Brook and has a 

12   wonderful demeanor and can work -- has been on 

13   corporate boards, so that he knows how to play 

14   in the sandbox and be a good member of a board.  

15                I support the nomination and move 

16   the nomination, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Thank 

18   you, Senator LaValle.

19                The question is on the nominations 

20   of Lawrence J. Waldman, of Roslyn Heights, and 

21   Eric Corngold, of Brooklyn, as trustees of the 

22   State University of New York Board of Trustees.  

23   All in favor indicate by saying aye.

24                (Response of "Aye.")

25                ACTING PRESIDENT GRIFFO:   Opposed?  


                                                               4943

 1                (No response.)

 2                ACTING PRESIDENT GRIFFO:   Lawrence 

 3   J. Waldman and Eric Corngold have been confirmed 

 4   as trustees of the State University of New York 

 5   Board of Trustees.

 6                Congratulations.

 7                The Secretary will continue.

 8                THE SECRETARY:   As member of the 

 9   Metropolitan Transportation Authority:  Iris 

10   Weinshall, of Brooklyn.

11                SENATOR DeFRANCISCO:   Move the 

12   nomination.

13                ACTING PRESIDENT GRIFFO:   The 

14   question is on the nomination of Iris Weinshall, 

15   of Brooklyn, as a member of the Metropolitan 

16   Transportation Authority.  All in favor signify 

17   by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT GRIFFO:   Opposed?  

20                (No response.)

21                ACTING PRESIDENT GRIFFO:   Iris 

22   Weinshall has been confirmed as member of the 

23   Metropolitan Transportation Authority.

24                The Secretary will continue.

25                THE SECRETARY:   As member of the 


                                                               4944

 1   State Fire Prevention and Building Code Council:  

 2   Shawn Hamlin, of Albany.

 3                SENATOR DeFRANCISCO:   Move the 

 4   nomination.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   question is on the nomination of Shawn Hamlin as 

 7   a member of the State Fire Prevention and 

 8   Building Code Council.  All in favor signify by 

 9   saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT GRIFFO:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT GRIFFO:   Shawn 

14   Hamlin has been confirmed as a member of the 

15   State Fire Prevention and Building Code Council.  

16                Senator Libous, we have completed 

17   the nominations.

18                SENATOR LIBOUS:   Mr. President.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Libous.

21                SENATOR LIBOUS:   There will be a 

22   Rules Committee meeting at 8 o'clock.  In the 

23   meantime, we'll stand at ease.

24                ACTING PRESIDENT GRIFFO:   There 

25   will be a Rules Committee meeting in Room 332 at 


                                                               4945

 1   8 p.m.  Until such time, the Senate shall stand 

 2   at ease.

 3                SENATOR LIBOUS:   Mr. President, 

 4   would you call on Senator Gianaris.

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Gianaris.

 7                SENATOR GIANARIS:   Mr. President, 

 8   there will be a conference for the Democratic 

 9   Conference at 7:45.

10                ACTING PRESIDENT GRIFFO:   There 

11   will be a Democratic Conference at 7:45 in 

12   Room 315.  Is that correct?

13                SENATOR PARKER:   Yes.

14                ACTING PRESIDENT GRIFFO:    

15   7:45 p.m., Democratic conference, Room 315.

16                The Senate stands at ease.

17                (Whereupon, the Senate stood at 

18   ease at 7:11 p.m.)

19                (Whereupon, the Senate reconvened 

20   at 8:40 p.m.)

21                ACTING PRESIDENT GRIFFO:   The 

22   Senate will come to order.

23                SENATOR LIBOUS:   Mr. President.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Libous.


                                                               4946

 1                SENATOR LIBOUS:   Could we have the 

 2   noncontroversial reading of the supplemental 

 3   active list dated Friday, June 20th.  

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read the noncontroversial 

 6   supplemental active list.

 7                THE SECRETARY:   Calendar Number 

 8   204, by Senator Grisanti, Senate Print 3947A, an 

 9   act to amend the Public Health Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect on the 180th day.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   In relation to 

18   Calendar 204, those recorded in the negative are 

19   Senators Avella, Gipson, Hoylman, Krueger, 

20   Serrano and Squadron.

21                Ayes, 53.  Nays, 6.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   Calendar Number 

25   498, by Senator DeFrancisco, Senate Print 5959, 


                                                               4947

 1   an act to amend the Election Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 3.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Krueger to explain her vote.

11                SENATOR KRUEGER:   Thank you, 

12   Mr. President.

13                I would like to thank Senator 

14   DeFrancisco for sponsoring this bill.  

15                Now, this would require, of course, 

16   a full process of multiple votes and taking it 

17   to the people.  But -- it's a quarter to nine; I 

18   don't know how many people are listening.  But 

19   the most recent example was there was a casino 

20   amendment to the constitution that the way it 

21   was written when it was brought to the voters 

22   didn't really look anything like what it was 

23   when we voted for it here.  

24                I personally believe if the exact 

25   language of what we had passed here had been on 


                                                               4948

 1   the ballot, we would have seen a different 

 2   result on the casino vote.  I think it's 

 3   critical to have not only truth in advertising 

 4   but factual statements to the public when we're 

 5   asking them their position on a referendum or at 

 6   the ballot box.  

 7                I very much hope this becomes law.  

 8   I vote yes.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Krueger to be recorded in the affirmative.

11                Senator DeFrancisco to explain his 

12   vote.

13                SENATOR DeFRANCISCO:   Senator 

14   Krueger should know I was listening, anyway, and 

15   I agree with her a hundred percent.

16                (Laughter.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   DeFrancisco to be recorded in the affirmative.

19                Announce the results.

20                THE SECRETARY:   Ayes, 59.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   On page 14, 

24   Senator Savino moves to discharge, from the 

25   Committee on Rules, Assembly Bill Number 8251B 


                                                               4949

 1   and substitute it for the identical Senate Bill 

 2   Number 6964C, Third Reading Calendar 547.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   substitution is so ordered.

 5                The Secretary will read.

 6                THE SECRETARY:   Calendar Number 

 7   547, by Member of the Assembly Cymbrowitz, 

 8   Assembly Print 8251B, an act to authorize.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                THE SECRETARY:   Ayes, 57.  Nays, 

17   2.  Senators Bonacic and Krueger recorded in the 

18   negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   On page 15, 

22   Senator Hannon moves to discharge, from the 

23   Committee on Rules, Assembly Bill Number 9299D 

24   and substitute it for the identical Senate Bill 

25   Number 7027C, Third Reading Calendar 565.


                                                               4950

 1                ACTING PRESIDENT GRIFFO:   The 

 2   substitution is so ordered.

 3                The Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   565, by Member of the Assembly Rosenthal, 

 6   Assembly Print 9299D, an act to amend the Public 

 7   Health Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 59.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   665, by Senator DeFrancisco, Senate Print 3852B, 

20   an act to amend the Civil Practice Law and 

21   Rules.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the 30th day.


                                                               4951

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Krueger to explain her vote.

 6                SENATOR KRUEGER:   Thank you, 

 7   Mr. President.

 8                Well, sometimes a sponsor is right 

 9   and sometimes they're wrong.  This is one of the 

10   cases where he's wrong.  

11                And in fact, if this were to become 

12   law, it could translate into tobacco companies 

13   getting away with not meeting their legal 

14   obligations when they lose court cases, because 

15   they've been killing people for decades and 

16   lying about it.  I don't want to reward them in 

17   any way, shape or form.  I'm voting no and 

18   hoping this does not become law.  

19                Thank you, Mr. President.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Krueger to be recorded in the negative.

22                Senator DeFrancisco to explain his 

23   vote.

24                SENATOR DeFRANCISCO:   Yes, I was 

25   listening to that too.  And I just want to 


                                                               4952

 1   respond.  

 2                This isn't for the protection of 

 3   the companies who sell cigarettes, it's for the 

 4   protection of people who have gotten judgments 

 5   against companies, including some of our 

 6   counties in the state who have actually got 

 7   settlements that have to be paid.  

 8                If the bond is too high and they 

 9   can't pay the bond, the company goes under and 

10   those settlements aren't satisfied.  So -- but 

11   had she known that, I'm sure she would have 

12   changed her vote.  

13                ACTING PRESIDENT GRIFFO:   Senator 

14   DeFrancisco to be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar 665, those recorded in the negative are 

18   Senators Avella, Gianaris, Hassell-Thompson, 

19   Hoylman, Kennedy, Krueger, O'Brien, Rivera, 

20   Squadron and Stavisky.  Also Senator Serrano.

21                Ayes, 48.  Nays, 11.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   is passed.

24                THE SECRETARY:   On page 26, 

25   Senator Seward moves to discharge, from the 


                                                               4953

 1   Committee on Insurance, Assembly Bill Number 

 2   9154A and substitute it for the identical Senate 

 3   Bill Number 6507A, Third Reading Calendar 1102.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   substitution is so ordered.

 6                The Secretary will read.

 7                THE SECRETARY:   Calendar Number 

 8   1102, by Member of the Assembly Cymbrowitz, 

 9   Assembly Print 9154A, an act to amend the 

10   Insurance Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                THE SECRETARY:   Ayes, 59.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1172, by Senator Hannon, Senate Print 7521, an 

22   act to amend the Real Property Tax Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4954

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   1459, by Senator LaValle, Senate Print 7850A, an 

10   act to amend the Real Property Tax Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect January 1, 2015.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 58.  Nays, 

19   1.  Senator Bonacic recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   1565, by Member of the Assembly Silver, Assembly 

24   Print 9462, an act to amend the Tax Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               4955

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   In relation to 

 8   Calendar 1565, those recorded in the negative 

 9   are Senators Ball, Golden and Lanza.  

10                Ayes, 56.  Nays, 3.  

11                ACTING PRESIDENT GRIFFO:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   1580, by Senator Flanagan, Senate Print 7866, an 

15   act to amend the Education Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4956

 1                THE SECRETARY:   Calendar Number 

 2   1583, by Senator Flanagan, Senate Print 7871, an 

 3   act relating to regional tuition.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                Senator Libous, that completes the 

15   supplemental active list reading, 

16   noncontroversial.

17                SENATOR LIBOUS:   Thank you, 

18   Mr. President.  

19                I have a Supplemental Active List 

20   Number 2 dated Friday, June 20th.  Could we do 

21   the noncontroversial reading.

22                ACTING PRESIDENT GRIFFO:   We will 

23   have the second supplemental active list to be 

24   read by the Secretary.

25                The Secretary will read.  


                                                               4957

 1                THE SECRETARY:   Senator 

 2   Stewart-Cousins moves to discharge, from the 

 3   Committee on Rules, Assembly Bill Number 9028C 

 4   and substitute it for the identical Senate Bill 

 5   Number 6738B, Third Reading Calendar 698.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   substitution is so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   698, by Member of the Assembly Abinanti, 

11   Assembly Print 9028C, an act to amend 

12   Chapter 566 of the Laws of 1967.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 59.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1160, by Senator Avella, Senate Print 726A, an 

25   act to amend the Real Property Tax Law.


                                                               4958

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 23.  This 

 4   act shall take effect on the first of January.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Krueger to explain her vote.

10                SENATOR KRUEGER:   Thank you, 

11   Mr. President.

12                Well, I agree with many of my 

13   colleagues that the City of New York desperately 

14   needs to modernize and make more equitable its 

15   property tax system.  In fact, we have 

16   innumerable times in this house urged them to 

17   complete their studies and submit to us a 

18   proposal on how to improve their own property 

19   tax system so that it's both fairer to all and 

20   also ensures enough revenue for the City of 

21   New York.  And so I appreciate the sponsor's 

22   desire to do part of the job, perhaps out of 

23   frustration.

24                And so this bill would, if held 

25   up -- and it's not clear it could meet 


                                                               4959

 1   constitutional muster.  But this bill would 

 2   reduce some people's property taxes, co-op and 

 3   condo owners.  It would actually probably reduce 

 4   my taxes; I'm a co-op owner.  Nonetheless, the 

 5   way it's set up, somebody else would just be 

 6   taking those taxes for us co-op and condo 

 7   owners, and I find that very unfair to the 

 8   people of New York who rent their apartments or 

 9   who live in other kinds of housing.

10                So I will be voting no with respect 

11   for the fact that I will continue to call on the 

12   City of New York to develop a package to change 

13   their property tax structure to ensure that it 

14   is fair and equitable for all.

15                I vote no, Mr. President.  Thank 

16   you.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Krueger to be recorded in the negative.

19                Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar 1160, those recorded in the negative 

22   are Senators Ball, Hassell-Thompson, Hoylman, 

23   Kennedy, Krueger, Little, Maziarz, Nozzolio, 

24   Rivera, Serrano, Squadron and Young.  

25                Ayes, 47.  Nays, 12.


                                                               4960

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Senator 

 4   Stewart-Cousins moves to discharge, from the 

 5   Committee on Rules, Assembly Bill Number 10078A 

 6   and substitute it for the identical Senate Bill 

 7   Number 7842, Third Reading Calendar 1627.

 8                ACTING PRESIDENT GRIFFO:   There is 

 9   a home-rule message at the desk.

10                The substitution is so ordered.

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   1627, by the Assembly Committee on Rules, 

14   Assembly Print 10078A, an act in relation.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 58.  Nays, 

23   1.  Senator Ball recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4961

 1                Senator Libous, that completes the 

 2   noncontroversial reading of Supplemental Active 

 3   List 2.

 4                SENATOR LIBOUS:   Thank you, 

 5   Mr. President.  

 6                I believe there's a report of the 

 7   Rules Committee at the desk.  Could we have it 

 8   read at this time.

 9                ACTING PRESIDENT GRIFFO:   There is 

10   a report of the Rules Committee at the desk.  

11                The Secretary will read.

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Skelos, from the Committee on Rules, reports the 

14   following bills:  

15                Senate Print 338, by Senator 

16   DeFrancisco, an act to amend the Insurance Law; 

17                Senate 2136, by Senator Lanza, an 

18   act to amend the Vehicle and Traffic Law; 

19                Senate 4142, by Senator Lanza, an 

20   act to amend the Public Officers Law; 

21                Senate 5048, by Senator Serrano, an 

22   act to amend Chapter 115 of the Laws of 1894; 

23                Senate 5809, by Senator Nozzolio, 

24   an act to amend the County Law; 

25                Senate 5990A, by Senator Seward, an 


                                                               4962

 1   act to amend the County Law; 

 2                Senate 6675C, by Senator Martins, 

 3   an act to amend the Executive Law; 

 4                Senate 6683, by Senator Breslin, an 

 5   act to amend Chapter 454 of the Laws of 2010; 

 6                Senate 7400B, by Senator Carlucci, 

 7   an act to amend the Public Health Law; 

 8                Senate 7634B, by Senator Martins, 

 9   an act to amend the Workers' Compensation Law;

10                Senate 7698, by Senator Montgomery, 

11   an act authorizing; 

12                Senate 7747B, by Senator Little, an 

13   act to amend the Public Health Law; 

14                Senate 7823, by Senator Maziarz, an 

15   act to amend the Workers' Compensation Law; 

16                Senate 7833, by Senator Klein, an 

17   act to amend the Tax Law; 

18                Senate 7851B, by Senator O'Mara, an 

19   act to amend the Environmental Conservation Law; 

20                Senate 5056, by Senator Carlucci, 

21   an act to amend the Education Law; 

22                Senate 6898, by Senator Avella, an 

23   act to amend the Alcoholic Beverage Control Law; 

24                Senate 7295A, by Senator Breslin, 

25   an act to amend the Vehicle and Traffic Law; 


                                                               4963

 1                Senate 7483, by Senator Ball, an 

 2   act to amend the Executive Law; 

 3                Senate 7500A, by Senator Hannon, an 

 4   act to amend the Public Health Law; 

 5                And Senate 7259A, by Senator 

 6   Gipson, an act creating.  

 7                All bills reported direct to third 

 8   reading.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Libous, I'll entertain a motion.

11                SENATOR LIBOUS:   I move to accept 

12   the report of the Rules Committee.

13                ACTING PRESIDENT GRIFFO:   All in 

14   favor of accepting the Committee on Rules report 

15   signify by saying aye.

16                (Response of "Aye.")

17                ACTING PRESIDENT GRIFFO:   Opposed?  

18                (No response.)

19                ACTING PRESIDENT GRIFFO:   The 

20   Committee on Rules report is accepted and before 

21   the house.

22                Senator Libous.

23                SENATOR LIBOUS:   We now have 

24   Supplemental Calendar 54B.  Could we have the 

25   noncontroversial reading.


                                                               4964

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will read Senate Supplemental Calendar 

 3   54B, noncontroversial.

 4                THE SECRETARY:   Calendar Number 

 5   1689, by Senator DeFrancisco, Senate Print 338, 

 6   an act to amend the Insurance Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect on the first of January.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 57.  Nays, 

15   2.  Senators Breslin and Seward recorded in the 

16   negative.  Also Senator Hannon.

17                Ayes, 56.  Nays, 3.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1690, by Senator Lanza, Senate Print 2136, an 

22   act to amend the Vehicle and Traffic Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               4965

 1   act shall take effect on the 90th day.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Senator Lanza 

 9   moves to discharge, from the Committee on Rules, 

10   Assembly Bill Number 2448 and substitute it for 

11   the identical Senate Bill Number 4142, Third 

12   Reading Calendar 1691.

13                ACTING PRESIDENT GRIFFO:   The 

14   substitution is so ordered.  

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1691, by Member of the Assembly Rozic, Assembly 

18   Print 2448, an act to amend the Public Officers 

19   Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 2.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4966

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 57.  Nays, 

 3   2.  Senators Ball and Zeldin recorded in the 

 4   negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Senator Serrano 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 2046 and substitute it for 

10   the identical Senate Bill Number 5048, Third 

11   Reading Calendar 1692.

12                ACTING PRESIDENT GRIFFO:   There is 

13   a home-rule message at the desk.

14                The substitution is so ordered.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   1692, by Member of the Assembly Kavanagh, 

18   Assembly Print 2046, an act to amend Chapter 115 

19   of the Laws of 1894.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 7.  This 

23   act shall take effect on the 60th day.

24                ACTING PRESIDENT GRIFFO:   Call the 

25   roll.


                                                               4967

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Serrano to explain his vote.

 4                SENATOR SERRANO:   Thank you very 

 5   much, Mr. President.  

 6                Very quickly, I just want to thank 

 7   all of my colleagues for supporting this 

 8   legislation.  For all of us who care about 

 9   animals in the City of New York, this is a major 

10   victory.  It will modernize the dog licensing 

11   process and it will allow the city to generate 

12   more revenue, if needed, to help care for 

13   animals.  

14                I want to thank my colleague in the 

15   Assembly, Assemblymember Brian Kavanagh, for his 

16   leadership on this issue.  

17                Thank you.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Serrano to be recorded in the affirmative.

20                Announce the results.

21                THE SECRETARY:   Ayes, 57.  Nays, 

22   2.  Senators Ball and Zeldin recorded in the 

23   negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4968

 1                THE SECRETARY:   Senator Nozzolio 

 2   moves to discharge, from the Committee on Rules, 

 3   Assembly Bill Number 8035 and substitute it for 

 4   the identical Senate Bill Number 5809, Third 

 5   Reading Calendar 1693.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   substitution is so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1693, by Member of the Assembly Morelle, 

11   Assembly Print 8035, an act to amend the 

12   County Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT GRIFFO:   Announce 

21   the results.  

22                THE SECRETARY:   In relation to 

23   Calendar 1693, those recorded in the negative 

24   are Senators Ball, Carlucci, Gipson, Golden, 

25   Griffo, Kennedy, LaValle, Marchione, O'Brien, 


                                                               4969

 1   O'Mara, Tkaczyk and Zeldin.  

 2                Ayes, 47.  Nays, 12.  

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Senator Seward 

 6   moves to discharge, from the Committee on Rules, 

 7   Assembly Bill Number 8303A and substitute it for 

 8   the identical Senate Bill Number 5990A, Third 

 9   Reading Calendar 1694.

10                ACTING PRESIDENT GRIFFO:   The 

11   substitution is ordered.

12                The Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   1694, by Member of the Assembly Crouch, Assembly 

15   Print 8303A, an act to amend the County Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT GRIFFO:   Can I 

24   ask for a little order in the house, please.

25                Announce the results.


                                                               4970

 1                THE SECRETARY:   In relation to 

 2   Calendar 1694, those recorded in the negative 

 3   are Senators Ball, Carlucci, Gipson, Golden, 

 4   Griffo, Kennedy, O'Brien, O'Mara, Tkaczyk and 

 5   Zeldin.  Also Senator Marchione.  

 6                Ayes, 48.  Nays, 11.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   is passed.

 9                THE SECRETARY:   Senator Martins 

10   moves to discharge, from the Committee on Rules, 

11   Assembly Bill Number 1869D and substitute it for 

12   the identical Senate Bill Number 6675C, Third 

13   Reading Calendar 1695.

14                ACTING PRESIDENT GRIFFO:   The 

15   substitution is so ordered.

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   1695, by Member of the Assembly Schimel, 

19   Assembly Print Number 1869D, an act to amend the 

20   Executive Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect on the first of January.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4971

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 55.  Nays, 

 4   4.  Senators Ball, Krueger, Little and Marchione 

 5   recorded in the negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Senator Breslin 

 9   moves to discharge, from the Committee on 

10   Transportation, Assembly Bill Number 8877 and 

11   substitute it for the identical Senate Bill 

12   Number 6683, Third Reading Calendar 1696.

13                ACTING PRESIDENT GRIFFO:   There is 

14   a home-rule message at the desk.

15                The substitution is so ordered.  

16                The Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   1696, by Member of the Assembly Fahy, Assembly 

19   Print 8877, an act to amend Chapter 454 of the 

20   Laws of 2010.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4972

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.  Nays, 

 4   1.  Senator Ball recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Senator Carlucci 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 9766A and substitute it for 

10   the identical Senate Bill Number 7400B, Third 

11   Reading Calendar 1697.

12                ACTING PRESIDENT GRIFFO:   The 

13   substitution is so ordered.

14                The Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   1697, by Member of the Assembly Gunther, 

17   Assembly Print 9766A, an act to amend the 

18   Public Health Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4973

 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Senator Martins 

 5   moves to discharge, from the Committee on Rules, 

 6   Assembly Bill Number 9721B and substitute it for 

 7   the identical Senate Bill Number 7634B, Third 

 8   Reading Calendar 1698.

 9                ACTING PRESIDENT GRIFFO:   The 

10   substitution is so ordered.  

11                The Secretary will read.  

12                THE SECRETARY:   Calendar Number 

13   1698, by Member of the Assembly Bronson, 

14   Assembly Print 9721B, an act to amend the 

15   Workers' Compensation Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                THE SECRETARY:   Section 4.  This 

19   act shall take effect on the 180th day.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 59.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               4974

 1                THE SECRETARY:   Senator Montgomery 

 2   moves to discharge, from the Committee on Rules, 

 3   Assembly Bill Number 9874 and substitute it for 

 4   the identical Senate Bill Number 7698, 

 5   Third Reading Calendar 1699.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   substitution is so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1699, by Member of the Assembly Mosley, 

11   Assembly Print 9874, an act authorizing.

12                ACTING PRESIDENT GRIFFO:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 58.  Nays, 

20   1.  Senator Ball recorded in the negative.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1700, by Senator Little, Senate Print 7747B, an 

25   act to amend the Public Health Law.


                                                               4975

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect 180 days after it shall 

 5   become a law.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 55.  Nays, 

10   4.  Senators Golden, LaValle, Marcellino and 

11   Martins recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   1701, by Senator Maziarz, Senate Print 7823, an 

16   act to amend the Workers' Compensation Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 59.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               4976

 1   is passed.

 2                THE SECRETARY:   Senator Klein 

 3   moves to discharge, from the Committee on Rules, 

 4   Assembly Bill Number 10075 and substitute it for 

 5   the identical Senate Bill Number 7833, Third 

 6   Reading Calendar 1702.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   substitution is so ordered.

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   1702, by the Assembly Committee on Rules, 

12   Assembly Print 10075, an act to amend the 

13   Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Krueger to explain her vote.

23                SENATOR KRUEGER:   Thank you, 

24   Mr. President.  I rise to vote no.  

25                The memo says that we'll expand 


                                                               4977

 1   free play, which is free gambling, to increase 

 2   revenue.  Well, actually it will just increase 

 3   gambling.  So apparently people can't get hooked 

 4   on it easily enough, we need to give them free 

 5   play so we can addict them more quickly and more 

 6   effectively.  

 7                And thank goodness this bill will 

 8   also expand facilities to be able to be open, I 

 9   believe, 20 or 22 hours a day, just in case you 

10   couldn't get enough of that gambling in in the 

11   current number of hours.

12                I vote no, Mr. President.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Krueger to be recorded in the negative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar 1702, those recorded in the negative 

18   are Senators Ball, Kennedy, Krueger and LaValle.

19                Ayes, 55.  Nays, 4.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Senator O'Mara 

23   moves to discharge, from the Committee on Rules, 

24   Assembly Bill Number 9619B and substitute it for 

25   the identical Senate Bill Number 7851B, Third 


                                                               4978

 1   Reading Calendar 1703.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   substitution is so ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   1703, by Member of the Assembly Lifton, 

 7   Assembly Print 9619B, an act to amend the 

 8   Environmental Conservation Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect after one year.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT GRIFFO:   Announce 

17   the results.  

18                THE SECRETARY:   In relation to 

19   Calendar 1703, those recorded in the negative 

20   are Senators DeFrancisco --

21                SENATOR LIBOUS:   Mr. President, I 

22   can't hear the desk.  There seems to be a lot of 

23   chatter in the back of the chamber.

24                ACTING PRESIDENT GRIFFO:   We have 

25   a number of people in the chamber right now.  


                                                               4979

 1   I'd ask everybody, if you're going to have 

 2   conversations, to please take it outside the 

 3   chamber as we're in here continuing to finalize 

 4   the business before the desk.  If we could have 

 5   some quiet, I'd appreciate it.

 6                The Secretary will announce the 

 7   results.

 8                THE SECRETARY:   In relation to 

 9   Calendar 1703, those recorded in the negative 

10   are Senators DeFrancisco, Flanagan, Griffo, 

11   Libous, Maziarz, Nozzolio, Ranzenhofer, Ritchie, 

12   Robach and Seward.

13                Ayes, 49.  Nays, 10.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   1704, by Senator Carlucci, Senate Print 5056, an 

18   act to amend the Education Law.

19                ACTING PRESIDENT GRIFFO:   Read the 

20   last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the first of July.

23                ACTING PRESIDENT GRIFFO:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               4980

 1                ACTING PRESIDENT GRIFFO:   Okay, 

 2   results.

 3                THE SECRETARY:   In relation to 

 4   Calendar 1704, those recorded in the negative 

 5   are Senators Ball, Farley, Flanagan, LaValle, 

 6   Little, Marcellino, Martins, Nozzolio, 

 7   Ranzenhofer, Robach, Seward, Young and Zeldin.  

 8   Ayes, 46.  Nays -- also Senator Hannon.  

 9                In relation to Calendar 1704, those 

10   recorded in the negative are Senators Ball, 

11   Farley, Flanagan, Golden, Hannon, LaValle, 

12   Libous, Little, Marcellino, Martins, Montgomery, 

13   Nozzolio, Ranzenhofer, Robach, Seward, Young and 

14   Zeldin.

15                Ayes, 42.  Nays, 17.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   1705, by Senator Avella, Senate Print 6898, an 

20   act to amend the Alcoholic Beverage Control Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               4981

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.  Nays, 

 4   1.  Senator Ball recorded in the negative.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Ayes, 57.  Nays, 

 8   2.  Senators Ball and Robach recorded in the 

 9   negative.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is still passed.

12                (Laughter.)

13                THE SECRETARY:   Senator Breslin 

14   moves to discharge, from the Committee on Rules, 

15   Assembly Bill Number 9583A and substitute it for 

16   the identical Senate Bill Number 7295A, Third 

17   Reading Calendar 1706.

18                ACTING PRESIDENT GRIFFO:   There is 

19   a home-rule message at the desk.

20                The substitution is so ordered.

21                The Secretary will read.

22                THE SECRETARY:   Calendar Number 

23   1706, by Member of the Assembly Fahy, 

24   Assembly Print 9583A, an act to amend the 

25   Vehicle and Traffic Law.


                                                               4982

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 15.  This 

 4   act shall take effect on the 30th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   In relation to 

 9   Calendar 1706, those recorded in the negative 

10   are Senators Ball, Griffo, Marchione, O'Mara and 

11   Zeldin.  

12                Ayes, 54.  Nays, 5.  

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Senator Ball moves 

16   to discharge, from the Committee on Veterans, 

17   Homeland Security and Military Affairs, 

18   Assembly Bill Number 8489A and substitute it for 

19   the identical Senate Bill Number 7483, 

20   Third Reading Calendar 1707.

21                ACTING PRESIDENT GRIFFO:   Can I 

22   get some order in the chamber, please.

23                The substitution is so ordered.  

24                The Secretary will read.

25                THE SECRETARY:   Calendar Number 


                                                               4983

 1   1707, by Member of the Assembly Buchwald, 

 2   Assembly Print 8489A, an act to amend the 

 3   Executive Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 59.  

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Senator Hannon 

15   moves to discharge, from the Committee on Rules, 

16   Assembly Bill Number --

17                SENATOR LIBOUS:   Lay it aside for 

18   the day.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is laid aside for the day.

21                The Secretary will continue.

22                THE SECRETARY:   Senator Gipson 

23   moves to discharge, from the Committee on Rules, 

24   Assembly Bill Number 9847A and substitute it for 

25   the identical Senate Bill Number 7259A, 


                                                               4984

 1   Third Reading Calendar 1709.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   substitution is so ordered.

 4                The Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   1709, by Member of the Assembly Cahill, Assembly 

 7   Print 9847A, an act creating.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 58.  Nays, 

16   1.  Senator Ball recorded in the negative.  

17                ACTING PRESIDENT GRIFFO:   The bill 

18   is passed.

19                Senator Skelos, that completes the 

20   Senate Supplemental Calendar 54B 

21   noncontroversial reading.

22                SENATOR LIBOUS:   Mr. President.

23                ACTING PRESIDENT GRIFFO:  Senator 

24   Libous.

25                Again, may I have some order in the 


                                                               4985

 1   chamber.

 2                SENATOR LIBOUS:   Mr. President, 

 3   there are three Assembly bills at the desk.  I 

 4   move to reconsider the substitutions and have 

 5   the Senate bills restored to the Third Reading 

 6   Calendar.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Assembly Bill 

10   Number 5625A, Assembly 9576, and Assembly 9720.

11                ACTING PRESIDENT GRIFFO:   The 

12   request is so ordered.

13                SENATOR LIBOUS:   Mr. President, I 

14   now move to recommit the calendar.

15                ACTING PRESIDENT GRIFFO:   So 

16   ordered.

17                (Pause.)

18                ACTING PRESIDENT GRIFFO:   Thank 

19   you very much, everyone, for your silence.  

20                (Laughter.)

21                ACTING PRESIDENT GRIFFO:   I now 

22   would like to recognize Senator Stewart-Cousins.

23                SENATOR STEWART-COUSINS:   I was 

24   enjoying the silence here for a minute.

25                I want to thank you, Mr. President.  


                                                               4986

 1   And I know the hour is late, so I won't spend a 

 2   lot of time.  But I do want to thank 

 3   Senator Skelos during this session, and 

 4   Senator Klein as well.  And of course I want to 

 5   thank Governor Cuomo for his vision and 

 6   leadership in helping to move our state forward.

 7                And I want to thank our partners in 

 8   the other legislative house, especially 

 9   Speaker Silver, who's been a true friend and a 

10   real progressive leader here.

11                I also want to thank the staff on 

12   both sides of the aisle, because you work so 

13   very hard.  And you'll hear this over and over 

14   again:  You make us all look good.  And the work 

15   that you've put in over the past two years has 

16   really been invaluable.  I really, really thank 

17   you.  I thanked all of the staff before so that 

18   I wouldn't name names and get in trouble.  But I 

19   really appreciate, we all do, what you've done.

20                As we wrap up the two-year term, I 

21   think of what we've experienced.  I think about 

22   how this began for me -- historic -- when my 

23   great colleagues entrusted me with the 

24   leadership of the Democratic Conference.  And 

25   not only did you do that, but in so doing we 


                                                               4987

 1   made history when I became the first female 

 2   legislative leader in this state.  And I want to 

 3   thank you for that.

 4                There was another piece of history 

 5   that happened that day as well, and that history 

 6   for us was kind of unfortunate.  It was the 

 7   first time in this chamber that two groups came 

 8   together to disenfranchise the majority of 

 9   elected Democrats, to seize our power and to 

10   thwart the will of the electorate.  

11                While we were not given our 

12   rightful place in the majority, we understood 

13   that what we came here to do was to serve the 

14   people and provide leadership.  And although 

15   what happened was extremely disappointing, we 

16   rolled up our sleeves, we held our heads high, 

17   and we got to work.  And we used the power of 

18   our votes and the power of our voices to help 

19   pass some wonderful pieces of legislation.

20                Right out of the gate, we stood 

21   with our Governor to enact the SAFE Act.  We 

22   provided a crucial number of votes for this 

23   important legislation.  We passed our third and 

24   fourth consecutive on-time budgets.  We passed 

25   legislation that grew our economy, created jobs.  


                                                               4988

 1   We passed legislation that increased funding to 

 2   our schools, funding statewide universal pre-K.  

 3   We created tools to combat the heroin scourge 

 4   facing our state.

 5                We provided some tax relief -- 

 6   although I'm sure we would all agree it's not 

 7   enough -- to thousands of New Yorkers.  We 

 8   revised our Common Core.  We revised teacher 

 9   evaluations.  And we helped change the 

10   conversation away from a certain veto of medical 

11   marijuana legislation to a compromise, allowing 

12   us to provide much-needed pain relief to those 

13   who are most in need.

14                These some of the bipartisan 

15   victories that all of us accomplished together 

16   and we can all celebrate today.  But we have to 

17   talk about the failures that were a result of 

18   the unfortunate agreement I mentioned earlier.  

19                We failed to help over a million 

20   hardworking New Yorkers rise out of 

21   bone-crushing poverty by not raising the minimum 

22   wage enough and not giving our local governments 

23   the option to raise it on their own.  We failed 

24   to stand up for women's health and equality by 

25   not passing the entire Women's Equality Act.  We 


                                                               4989

 1   filed to provide some real mandate relief to our 

 2   local governments.  We failed to provide even 

 3   stronger ethics and strong campaign finance, 

 4   including public campaign financing.  And we 

 5   failed to provide equal access to educational 

 6   opportunities to all children by not passing the 

 7   DREAM Act.

 8                And while of course these failures 

 9   are disappointing, it doesn't mean we stopped 

10   fighting.  Because sometimes we learn our 

11   greatest lessons when we fail.  So you can be 

12   assured that we will keep fighting.

13                But tonight, as we wish each other 

14   a fun, happy summer and rest of the year and we 

15   go into the political season, I really want to 

16   thank you for all that we've been able to 

17   accomplish here.  I want to wish everyone on 

18   both sides of the aisle good luck, Godspeed.  

19                And even though sometimes we 

20   disagree on the issues or their outcome, I am 

21   assured and I know that we all agree that our 

22   most important job is respecting the people of 

23   New York.  And I think that's, when we're at our 

24   best, what we do best.

25                So thank you very much, and enjoy 


                                                               4990

 1   the summer.

 2                (Applause.)

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Klein.

 5                SENATOR KLEIN:   Thank you, 

 6   Mr. President.

 7                First, I want to thank my fellow 

 8   leaders, Senator Skelos, Senator Cousins, for 

 9   their spirit of cooperation, and of course 

10   Governor Cuomo, as we worked together over the 

11   past six months to deliver for working families 

12   across the State of New York.

13                It was two years ago that myself 

14   and Senator Skelos, in a bipartisan fashion, 

15   formed the first-ever coalition government in 

16   the more-than-125-year history of the State 

17   Senate.  We left partisan bickering aside.  We 

18   chose to govern, when the dust settled on that 

19   election, and I think we were validated to see 

20   that we were able to come together and, for the 

21   first time in a long time in the New York State 

22   Senate, finally get things done.

23                I think we can only look and see 

24   what's not going on in Washington, where they 

25   can't seem to figure out -- to understand, that 


                                                               4991

 1   is, when the election is over, our constituents 

 2   expect us to govern.

 3                I'm very proud that the Independent 

 4   Democratic Conference earlier this year unveiled 

 5   a plan called Affordable New York.  It was a 

 6   common-sense approach based on a simple premise, 

 7   that New York is becoming unaffordable for most.  

 8   We rolled up our sleeves, we got the majority of 

 9   our agenda passed, and I think in the process we 

10   did make New York more affordable.  

11                We kept our promise to 4-year-olds 

12   around the State of New York by finally fully 

13   funding the first ever universal pre-K plan in 

14   the State of New York's history.  

15                For the first time we recognized 

16   the burden on working families and restored 

17   child care subsidies so working families can now 

18   go out and work and also be able to afford 

19   affordable child care.  

20                We recognized that our senior 

21   citizens are being priced out of this state each 

22   and every day, and enhanced the EPIC program so 

23   senior citizens can save on prescription 

24   destruction.

25                We also recognized that senior 


                                                               4992

 1   citizens, especially in the City of New York, 

 2   are suffering from spiraling rents, and we 

 3   increased the SCRIE program to make sure more 

 4   and more senior citizens can afford the rent 

 5   they pay each and every day.

 6                We recognized a simple truth, that 

 7   the American dream of homeownership has to be 

 8   kept alive not only for this generation, but 

 9   future generations, and again helped homeowners 

10   who are facing foreclosure stay in their homes.  

11                For the first time we recognized 

12   that we had to do something about the problem 

13   and the tragedies that occur each and every day 

14   on the streets of the City of New York and do 

15   something about reducing traffic fatalities.  

16   First we authorized 140 more speed cameras 

17   around schools in the City of New York.  We 

18   allowed the City of New York to lower the speed 

19   limit to 25 miles an hour, thus saving lives in 

20   the future on the streets of New York City.

21                One of the things that I do want to 

22   say a very special thank you to are the many 

23   people who help us each and every day in the 

24   Independent Democratic Conference.  But most of 

25   all, I want too thank my colleagues.  I'm very 


                                                               4993

 1   lucky that the Independent Democratic Conference 

 2   is made up of hardworking members who recognize 

 3   they're sent here to our State Capitol to 

 4   espouse the hopes and aspirations not only of 

 5   the residents of the State of New York, but of 

 6   their districts.  

 7                Senator Savino, who led the fight 

 8   for medical marijuana in the State of New York.  

 9   Senator Carlucci, who each and every day fights 

10   for the disabled and led a major role in 

11   stopping heroin abuse and addiction.  Senator 

12   Valesky, who each and every day wakes up with a 

13   very simple truth, how can we make sure that 

14   senior citizens in our state can live out their 

15   golden years in comfort and dignity.  And of 

16   course Senator Avella, who's a hardworking 

17   community activist, even though he's a great 

18   State Senator, who each and every day figures 

19   out a way how he can make the quality of life of 

20   the people he represents better.  

21                I also want to say a very thank you 

22   to the staff, both sides of the aisle:  Beth 

23   Garvey, Robert Mujica, who do such a great job 

24   and are great public servants, but of course the 

25   members of the IDC team.  


                                                               4994

 1                First and foremost, our chief of 

 2   staff, John Emrick, who works his heart out each 

 3   and every day to make sure not only the members 

 4   of the IDC are well taken care of, but really 

 5   our entire legislative body here in the State 

 6   Senate.  Our policy director, Dana Carotenuto.  

 7   Francesc Marti, our budget director.  Shelley 

 8   Andrews, our counsel.  And our press team, led 

 9   by Candice Giove.  I want to thank them, and I 

10   think they deserve a tremendous hand, everybody.

11                (Applause.)

12                SENATOR KLEIN:   I'm very pleased 

13   to be able to say that for the past four years 

14   the Independent Democratic Conference has been a 

15   strong, stabilizing, sensible force for 

16   governing in this state, and we will continue 

17   our laser-beam focus on getting things done for 

18   the people of the great State of New York.

19                I want to really thank each and 

20   every one here.  I think we had a very 

21   successful two years.  But I think everyone 

22   knows we need to do more.  So I think the work 

23   goes on for solid schools, safer neighborhoods, 

24   stronger communities, and a sustainable and 

25   growing path to prosperity for our working 


                                                               4995

 1   families.  I think we cannot only ensure a 

 2   strong economy for tomorrow, we can also 

 3   strengthen New Yorkers today.  

 4                Thank you all, and I wish everyone 

 5   a happy and healthy and of course a great 

 6   summer.

 7                (Applause.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Skelos.

10                SENATOR SKELOS:   Thank you, 

11   Mr. President.

12                Before I make my comments, two 

13   members on our side of the aisle will not be 

14   with us next year.  

15                Congressman-soon-to-be Lee Zeldin, 

16   we thank you for your contributions to this 

17   chamber, and we wish you the best of luck.

18                (Applause.)

19                SENATOR SKELOS:   Greg Ball.

20                (Laughter.)

21                SENATOR SKELOS:   You certainly 

22   have made things interesting in this chamber.  

23                But your dedication and your focus 

24   on helping the veterans and fighting for them 

25   every day and achieving legislation that has not 


                                                               4996

 1   been accomplished for years, we thank you for 

 2   that.  And we wish you the best of luck in your 

 3   future.  Thank you, Greg.

 4                (Applause.)

 5                SENATOR SKELOS:   We've reached the 

 6   conclusion of another legislative session, and 

 7   the 2014 session builds on our accomplishment of 

 8   the last four years.  We're very proud of what 

 9   we've achieved on behalf of hardworking 

10   taxpayers and their families.  I appreciate the 

11   input of each and every member of the Senate in 

12   helping us get there.  

13                I want to especially thank our 

14   governing partner Senator Jeff Klein and members 

15   of the Independent Democrat Conference.  Working 

16   together, we've shown that bipartisanship can 

17   work.  You can show that the public is 

18   disenfranchised when government doesn't work and 

19   when there's gridlock and chaos.  And working 

20   together, we've managed to stop that in this 

21   chamber.  So we thank you for that.

22                (Applause.)

23                SENATOR SKELOS:   I want to thank 

24   Senators Gianaris, Valesky, and certainly my 

25   buddy here, Tom Libous, for making the floor 


                                                               4997

 1   operate so efficiently and in a very respectful 

 2   way.  We thank all of you.  

 3                And in particular, I want to thank 

 4   you, Tom, for the great job that you have done 

 5   despite the many personal challenges that you 

 6   have had.  We thank you.

 7                (Standing ovation.)

 8                SENATOR SKELOS:   As I said, I 

 9   still believe that government works best when 

10   Democrats and Republicans work together.  It's 

11   what the people of this state want, and we'll 

12   continue to work towards that goal every chance 

13   we get.  

14                Over the last four years, we've cut 

15   taxes 49 times, saving hardworking taxpayers 

16   more than $5.5 billion.  We've capped spending, 

17   eliminated a $10 billion deficit, and New York 

18   now has its highest bond rating in 50 years.  

19   Thanks to our leadership, thousands of 

20   businesses and schools no longer pay the 

21   job-killing MTA payroll tax that was passed when 

22   Republicans were in the minority.  We're also 

23   starting to eliminate the Gap Elimination 

24   Adjustment which was imposed upon our school 

25   districts when, again, we were in the minority 


                                                               4998

 1   and you were in the majority.

 2                We've passed the toughest property 

 3   tax cap in the nation and extended real relief 

 4   to the middle class.  We have restored balance 

 5   and fairness to the school aid formula.  And 

 6   we've passed four consecutive on-time budgets 

 7   and made government function once again.

 8                Bipartisan accomplishments have 

 9   included establishing a universal pre-K program 

10   in the state without raising taxes, and raising 

11   the minimum wage while helping businesses create 

12   new jobs.  And this house came together, led by 

13   Senator Boyle and members of the Joint Task 

14   Force on Heroin and Opiate Addiction, to take 

15   swift action to address the growing heroin 

16   epidemic.

17                As we move forward, let's keep 

18   reducing taxes, regulations, and lay out the 

19   welcome mat for new and expanding businesses.  

20   Let's help students afford college and be able 

21   to stay in New York State, with our seniors, by 

22   making it more affordable.  Let's provide bright 

23   new opportunities for individuals looking for a 

24   job and those inspired to find a better one.

25                We're fighting to make sure our 


                                                               4999

 1   children have a future in New York, and it's a 

 2   fight we must wage every single day.

 3                Someone want us to return to the 

 4   way things were before, when they won and 

 5   New Yorkers lost.  We're not going to go back to 

 6   the days of chaos and dysfunction.  There's 

 7   simply too much at stake.

 8                A couple of issues that Senator 

 9   Stewart-Cousins touched on, and I'd like to just 

10   mention one, the women's equality bill.  For two 

11   years our Women's Equality Agenda has been held 

12   hostage because of your insistence on a 

13   provision that would allow non-doctors to 

14   perform an abortion right up until the moment of 

15   a baby's birth.  This extreme measure would put 

16   the health and safety of women in jeopardy, and 

17   that's not something that members on both sides 

18   of the aisle are willing to do.

19                We've acted in this house to 

20   approve a comprehensive women's agenda.  It 

21   would ensure equal pay for equal work, help the 

22   victims of domestic violence, and stamp out 

23   human trafficking to protect innocent women, 

24   along with other equally important measures.

25                Why didn't the members of the 


                                                               5000

 1   Senate Democrat Conference stand up like 

 2   Assemblywoman Paulin and call upon the Assembly 

 3   to take up these bills separately?  It's very 

 4   easy to vote on the bills as they were presented 

 5   individually in this chamber and claim credit, 

 6   but what would have been more productive is if 

 7   you stood with Assemblywoman Paulin and others, 

 8   insisting that the Speaker pass these bills 

 9   individually, rather than looking for a 

10   political opportunity.  The women of this state 

11   waited long enough for these important bills to 

12   become law, and the Senate Democrats haven't 

13   lifted a finger to make it happen.

14                So as we move through the summer 

15   and we enact the Compassionate Campaign Act -- 

16   because I know we will all be very kind to each 

17   other --

18                (Laughter.)

19                SENATOR SKELOS:   -- there will be 

20   many issues that will be discussed.  And 

21   certainly I hope that we enjoy the beginning of 

22   summer and that we have the opportunity to 

23   discuss all of these issues with our 

24   constituents.  

25                To all of our members, I say thank 


                                                               5001

 1   you.  To the staff on both sides of the aisle, I 

 2   say thank you.  You all are the best.  

 3                To Kelly Cummings, my 

 4   communications director, wherever you are, thank 

 5   you for making me look good.  Thanks, Kelly.  

 6                To Beth, your first full year as 

 7   counsel.  You've done an outstanding job, and 

 8   certainly --

 9                (Applause.)

10                SENATOR SKELOS:   -- and treated 

11   each member and each staff person with the 

12   respect they deserve.

13                I know our Bill Drafting 

14   Commission -- I don't know if there are any 

15   here; they're probably still preparing bills.  

16   But they work throughout the night.  We thank 

17   them very much.  

18                And to Robert Mujica, I would be 

19   lost as co-leader in the Senate.  Every single 

20   one of us, whether Republican, Democrat, 

21   independent Democrat conference members, would 

22   be -- the Governor would also be lost without 

23   Robert Mujica, because so many times Robert has 

24   to show him the way.  

25                And Governor, if you're listening, 


                                                               5002

 1   don't take it personally.  

 2                (Laughter.)

 3                SENATOR SKELOS:   But Robert is 

 4   just a great person.  And Robert, we thank you 

 5   for all that you have done.  Thank you, Robert.

 6                (Applause.)

 7                SENATOR SKELOS:   So let's all 

 8   enjoy the summer.  Let's take a few days rest 

 9   and then go out and chat with our constituents 

10   as we are supposed to do every two years.  

11                Thank you for allowing me to lead 

12   you with Jeff.  This has been a wonderful, 

13   wonderful experience for me, I believe for all 

14   of us.  And the New York State Senate has made 

15   history in this state by showing -- in this 

16   nation by showing that Republicans and Democrats 

17   can work together to get positive results.  

18                Thank you, and God bless.

19                (Extended applause.)

20                SENATOR LIBOUS:   Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Libous.

23                SENATOR LIBOUS:   Is there any 

24   further business at the desk?  

25                ACTING PRESIDENT GRIFFO:   There is 


                                                               5003

 1   no further business before the desk.

 2                SENATOR LIBOUS:   Mr. President and 

 3   my colleagues, there being no further business, 

 4   I move that the Senate adjourn to the call of 

 5   the Temporary Presidents, intervening days being 

 6   legislative days.

 7                ACTING PRESIDENT GRIFFO:   On 

 8   motion, the Senate stands adjourned sine die, at 

 9   the call of the Temporary Presidents, 

10   intervening days being legislative days.  

11                The Senate is adjourned.

12                (Whereupon, at 9:38 p.m., the 

13   Senate adjourned.)

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