Regular Session - May 20, 2015
2729
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 20, 2015
11 11:09 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JACK M. MARTINS, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
2730
1 P R O C E E D I N G S
2 ACTING PRESIDENT MARTINS: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MARTINS: In the
10 absence of clergy, may we please bow our heads
11 in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT MARTINS: The
15 reading of the Journal.
16 The Secretary will read.
17 THE SECRETARY: In Senate,
18 Tuesday, May 19th, the Senate met pursuant to
19 adjournment. The Journal of Monday, May 18th,
20 was read and approved. On motion, Senate
21 adjourned.
22 ACTING PRESIDENT MARTINS: Without
23 objection, the Journal stands approved as read.
24 Presentation of petitions.
25 Messages from the Assembly.
2731
1 The Secretary will read.
2 THE SECRETARY: On page 61, Senator
3 Funke moves to discharge, from the Committee on
4 Codes, Assembly Bill Number 551 and substitute it
5 for the identical Senate Bill Number 4763, Third
6 Reading Calendar 856.
7 ACTING PRESIDENT MARTINS: The
8 substitution is ordered.
9 Messages from the Governor.
10 Reports of standing committees.
11 Reports of select committees.
12 Communications and reports from
13 state officers.
14 Motions and resolutions.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: Yes, would
17 you please recognize Senator Valesky.
18 ACTING PRESIDENT MARTINS: Senator
19 Valesky.
20 SENATOR VALESKY: Thank you,
21 Mr. President.
22 On behalf of Senator Klein, on
23 page 61 I offer the following amendments to
24 Calendar 853, Senate Bill 3178, and ask that said
25 bill retain its place on the Third Reading
2732
1 Calendar.
2 ACTING PRESIDENT MARTINS: So
3 ordered.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Would you
6 please take up previously adopted
7 Resolution 2111, by Senator Bonacic, and read it
8 in its entirety.
9 ACTING PRESIDENT MARTINS: The
10 Secretary will read.
11 THE SECRETARY: Legislative
12 Resolution Number 2111, by Senator Bonacic,
13 commending the Valedictorians, Salutatorians and
14 Honored Students of the 42nd Senate District, in
15 recognition of their outstanding accomplishments,
16 at a celebration to be held at the State Capitol
17 on May 20, 2015.
18 "WHEREAS, It is the sense of this
19 Legislative Body to act in accord with its
20 long-standing traditions, to honor the youth of
21 today -- the leaders of tomorrow -- whose
22 character and achievements exemplify the ideals
23 and values cherished by this great state and
24 nation; and
25 "WHEREAS, This Legislative Body is
2733
1 justly proud to recognize and commend the high
2 achievements of these dedicated students in the
3 42nd Senate District on the occasion of a special
4 celebratory visit to the State Capitol in Albany,
5 New York, on Wednesday, May 20, 2015; at this
6 time the Valedictorians, Salutatorians and
7 Honored Students who have been selected by their
8 school leadership for outstanding community
9 service will receive special recognition from the
10 Senate in the Senate Chamber; lunch will be
11 served on the 3rd Floor Terrace of the
12 Legislative Office Building, followed by a tour
13 of the State Capitol; and
14 "WHEREAS, These Valedictorians,
15 Salutatorians and Honored Students represent the
16 best of developed potential inherent in our most
17 precious resource, our youth; their achievements
18 have brought enduring honor to their families and
19 communities and should be recognized and saluted;
20 and
21 "WHEREAS, The Valedictorians who are
22 being commended today for their outstanding
23 academic performances and exemplary achievements
24 include: Stephanie Bishop, Leigha C. LaTourette,
25 Ryan Cobane, Kayla Campana, Julia Episcopio,
2734
1 Alexandria Bouchard, Daniel Solomon, Connor
2 O'Riordan, Jaclyn Ulivila, Anna Zirilli, Rebecca
3 Colon, Jacob Anderson, Patricia Little, Isabella
4 Zaccardi, Grace Rotar, Heather Hallock, Ashlyn
5 Nardi, Kimberly Zuniga, Angelo Piscitelli, Lena
6 Episalla, Laura Doherty, Linda Seminario, Heather
7 Giza, Alyssa Vilela, Heather Mustavs, Cole
8 Sensiba, Zachrey Nilsen, Eva Santos, James
9 McColgan, Jessie Gifford, Nicholas Piaquadio, and
10 Oksana Bihun; and
11 "WHEREAS, The Salutatorians who are
12 being commended today for their outstanding
13 academic performances and exemplary
14 achievements include: Allison Heavey, Carli R.
15 Pinner, Janine Velardi, Cassandra Rodriguez,
16 Milton Dorceus, Claire Atlas, Austin Wilson,
17 Kelly Chhe, Kayla Vaillant, Kayla Carcone, Jordan
18 Laguio, Cheyanne Holwell, Dillon Taggart, Joseph
19 McDoal, Kevin Hart, Raychelle Osnato, Gabrielle
20 Kwiatkowski, Kenrick Cai, Ashley Higby, Ariel
21 Haber, and Brian Bohan; and
22 "WHEREAS, The Honored Students who
23 are being commended today and who have been
24 selected by their school leadership for
25 outstanding school or community service include:
2735
1 Alex Legg, Logan Alvarez, David Mueller, Andrew
2 Meier, Keegan Dunn, Marisa Martell, Carly
3 Leventoff, Peyton Green, Ariel Galvez, Mikayla
4 Kipp, Pooja Parikh, Katherine Zenteno, Georjon
5 Tanzi, Kanani Schnider, Crae Wilkins, and Joseph
6 Grasso; and
7 "WHEREAS, These Valedictorians,
8 Salutatorians and Honored Students may now stand
9 with pride as they assess their achievements,
10 experience the satisfaction of their labors and
11 the joy of their accomplishments, eager to face
12 the new experiences of a challenging world; now,
13 therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to commend the
16 Valedictorians, Salutatorians and Honored
17 Students of the 42nd Senate District, in
18 recognition of their outstanding accomplishments
19 at a celebration to be held at the State Capitol
20 on May 20, 2015; and be it further
21 "RESOLVED, That copies of this
22 resolution, suitably engrossed, be transmitted to
23 the aforementioned Valedictorians, Salutatorians
24 and Honored Students."
25 ACTING PRESIDENT MARTINS: Thank
2736
1 you.
2 Senator Bonacic.
3 SENATOR BONACIC: Thank you,
4 Mr. President.
5 I'm excited to rise today and be
6 joined with my colleagues to welcome the best of
7 the best of the high school students in my Senate
8 district. I have 24 school districts, and here
9 are my valedictorians, salutatorians, and honored
10 students.
11 And if you talk to them, you see
12 that they're continuing their education in very
13 challenging fields, whether it's science or math.
14 And they are the future leaders.
15 This morning we had a presentation
16 by three speakers who talked to these students
17 about the transition from high school to college,
18 knowing that they're going to have unbridled
19 freedom from their parents, and to make sure that
20 they adjust and are aware of the pitfalls that
21 can be a wonderful college experience. We had
22 Johanna Duncan-Poitier; she was the deputy
23 chancellor of SUNY. We had Adam Casler, who was
24 from Siena College.
25 And today we're 156 guests strong.
2737
1 There are superintendents here, principals,
2 parents, teachers, honored students.
3 And I thank the parents and the
4 superintendents and the principals for coming
5 here today to support these high-achieving
6 students.
7 We want you to be successful in
8 college and go on and be a success in whatever
9 endeavor you choose. We need you to keep our
10 country strong. We would like you to come back
11 to the State of New York to live, raise a family,
12 and work here.
13 Thank you all for being here.
14 Thank you, Mr. President.
15 ACTING PRESIDENT MARTINS: Thank
16 you, Senator Bonacic.
17 And on behalf of the New York State
18 Senate, I want to welcome all of our
19 valedictorians, salutatorians, and honored
20 students, parents, teachers, administrators.
21 Welcome to the New York State Senate -- thank
22 you, Senator DeFrancisco.
23 Welcome to the New York State
24 Senate, and we hope that your stay in Albany is
25 one that you will remember for a long time.
2738
1 To all of the students that may be
2 going away to college, just to add to
3 Senator Bonacic's statement, we do expect you to
4 come home. Read the fine print on your agreement
5 to come here today. It does require you to come
6 back home to New York, and so we intend to hold
7 you to that.
8 (Laughter.)
9 ACTING PRESIDENT MARTINS: Senator
10 DeFrancisco.
11 SENATOR DeFRANCISCO: Yes, I'd like
12 to congratulate all of you.
13 In this body and over in the
14 Assembly we seem to be concerned about lack of
15 performance by many, many students, which is a
16 very sad thing. And it's always refreshing to
17 have students here who actually do the right
18 thing and achieve and take the difficult courses
19 and make sure they're prepared and they have the
20 parents behind them 100 percent.
21 If you were the example of all the
22 students in this state, we'd be in wonderful
23 shape.
24 And as far as coming back to the
25 state, who said you're all leaving? We have
2739
1 colleges here. And you should all look at the
2 colleges here, and you'll get a wonderful
3 education.
4 And congratulations again for the
5 great example you're giving to all the other
6 students in this state.
7 Thank you.
8 ACTING PRESIDENT MARTINS: Thank
9 you, Senator DeFrancisco.
10 Senator Marcellino.
11 SENATOR MARCELLINO: Thank you,
12 Mr. President.
13 I would just like to thank our
14 colleague John Bonacic for this annual event,
15 because he reminds us, as my colleague Senator
16 DeFrancisco just pointed out, that there are
17 young people who are doing positive things in
18 this state. Not always recognized by the media,
19 not always recognized by their communities, but
20 in fact you're out there doing the right thing
21 and you don't get enough credit for it.
22 So I want to thank John for doing
23 this annually and bringing it up and reminding us
24 that we should go back to our own districts and
25 do the same thing back home, which I fully intend
2740
1 to do. So thank you once again, John. You do a
2 great job.
3 And you people understand you're
4 well-represented in the New York State Senate by
5 this young man.
6 Take care.
7 ACTING PRESIDENT MARTINS: Thank
8 you, Senator Marcellino.
9 And once again, welcome to all of
10 our guests here today.
11 Senator Flanagan.
12 SENATOR FLANAGAN: Thank you,
13 Mr. President.
14 I want to add my voice to my
15 colleagues and welcome all the students and their
16 families and their parents, superintendents.
17 And up until last week I was the
18 chair of the Senate Education Committee for the
19 last five years. I believed it then, I believe
20 it now, and I'm going to repeat what is really,
21 really important. New York State's foremost and
22 primary obligation and responsibility is a proper
23 and free appropriate public education for
24 children all throughout the State of New York.
25 Constitutionally, governmentally, politically,
2741
1 that's what we should be doing.
2 And I could not agree more with my
3 colleagues about the positive nature of what's
4 going on today, because frankly we've been
5 embroiled in discussions and debates that haven't
6 always focused on the appropriate things.
7 Do we have challenges across the
8 State of New York in terms of education? Yes.
9 But for all the things that aren't working the
10 right way, we have plenty of examples of things
11 that are going really well.
12 So what we want to do is make sure
13 you have the resources so you can get the quality
14 education that you're obviously receiving. But
15 we want to have everyone -- a rising tide lifts
16 all boats. We want to able to replicate your
17 success in communities all across the State of
18 New York.
19 So I welcome you as well and want to
20 congratulate all of you.
21 Thank you.
22 ACTING PRESIDENT MARTINS: Any
23 other Senator wishing to be heard?
24 (No response.)
25 ACTING PRESIDENT MARTINS: Seeing
2742
1 none, again, I want to congratulate everyone,
2 welcome you to the Senate, and I hope that your
3 stay in Albany is one you remember.
4 Thank you very much for being here.
5 (Standing ovation.)
6 ACTING PRESIDENT MARTINS: Senator
7 DeFrancisco.
8 SENATOR DeFRANCISCO: Would you
9 recognize Senate Majority Leader John Flanagan.
10 ACTING PRESIDENT MARTINS: Senator
11 Flanagan.
12 SENATOR FLANAGAN: Thank you.
13 Thank you, Senator DeFrancisco.
14 We are -- glad we have everyone's
15 attention. And this is a good lesson for our
16 students and our guests. Last fall there was a
17 constitutional amendment approved by the voters
18 in November of 2014, and today we are
19 implementing the effects of that amendment and we
20 are moving ahead technologically to reduce paper
21 and printing costs.
22 We have worked with the Assembly and
23 Senate Bill Drafting Commission, and we are now
24 bringing in iPads into the chamber so we can move
25 towards a paperless production.
2743
1 This will provide access to specific
2 legislative resources, including the aging list,
3 the daily Senate session calendar, the active
4 list, instant bill lookup, LRS.
5 So it's an advance, it's a good
6 thing. And I just want to remind my colleagues
7 of that. And this is going to save hundreds of
8 thousands of dollars for the Bill Drafting
9 Commission, which is good for the taxpayers of
10 the State of New York.
11 Now, to my colleagues, you can't
12 take these outside the chamber. And they don't
13 work outside the chamber. So they're going to be
14 right here. And see that tall guy over there,
15 Michael Ostrander? He looks nice, but if you try
16 and take it outside, you're going to have a
17 problem.
18 (Laughter.)
19 SENATOR FLANAGAN: So we're going
20 to technically stand at ease for a moment. Jim
21 Bell, who's from Senate Technology, is going to
22 give a quick explanation so everyone knows what's
23 going on. It's good for us and I think it's good
24 for the public to see that we're engaged in this.
25 But we'll try and do this as concisely as
2744
1 possible.
2 ACTING PRESIDENT MARTINS: The
3 Senate will stand at ease.
4 (Whereupon, the Senate stood at ease
5 at 11:24 a.m.)
6 (Whereupon, the Senate reconvened at
7 11:33 a.m.)
8 ACTING PRESIDENT MARTINS: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: Can we now go
11 to the noncontroversial reading of the calendar.
12 ACTING PRESIDENT MARTINS: The
13 Senate will come to order.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number 64,
16 by Senator Peralta, Senate Print 1301, an act to
17 amend the Penal Law.
18 ACTING PRESIDENT MARTINS: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of November.
22 ACTING PRESIDENT MARTINS: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 51.
2745
1 ACTING PRESIDENT MARTINS: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 112, by Senator Bonacic, Senate Print 1636A, an
5 act to amend the Judiciary Law.
6 ACTING PRESIDENT MARTINS: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARTINS: Call the
11 roll.
12 THE SECRETARY: Ayes, 51.
13 ACTING PRESIDENT MARTINS: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 128, by Senator Martins, Senate Print 295, an act
17 to amend the General Municipal Law.
18 ACTING PRESIDENT MARTINS: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARTINS: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 50. Nays, 1.
2746
1 Senator Perkins recorded in the negative.
2 ACTING PRESIDENT MARTINS: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 134, by Senator Gallivan, Senate Print 1700A, an
6 act in relation to the Town of Eagle.
7 ACTING PRESIDENT MARTINS: There is
8 a home-rule message at the desk.
9 The Secretary will read the last
10 section.
11 THE SECRETARY: Section 5. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARTINS: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 51.
17 ACTING PRESIDENT MARTINS: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 159, by Senator Ortt, Senate Print 3123, an act
21 to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT MARTINS: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 120th day.
2747
1 ACTING PRESIDENT MARTINS: Call the
2 roll.
3 (The Secretary called the roll.)
4 SENATOR GIANARIS: Lay it aside.
5 ACTING PRESIDENT MARTINS: The bill
6 is laid aside.
7 THE SECRETARY: Calendar Number
8 209, by Senator Ranzenhofer, Senate Print 3353B,
9 an act to repeal Chapter 154 of the Laws of 1921.
10 ACTING PRESIDENT MARTINS: Read the
11 last section.
12 THE SECRETARY: Section 33. This
13 act shall take effect upon the enactment into law
14 by the State of New Jersey of legislation.
15 ACTING PRESIDENT MARTINS: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56.
19 ACTING PRESIDENT MARTINS: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 288, by Senator Young, Senate Print 3548, an act
23 to amend the Soil and Water Conservation
24 Districts Law.
25 ACTING PRESIDENT MARTINS: Read the
2748
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARTINS: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56.
8 ACTING PRESIDENT MARTINS: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 299, by Senator Lanza, Senate Print 4050, an act
12 to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT MARTINS: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARTINS: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 56.
21 ACTING PRESIDENT MARTINS: The bill
22 is passed.
23 THE SECRETARY: Excuse me. Ayes,
24 54. Nays, 2. Senators Dilan and Perkins
25 recorded in the negative.
2749
1 ACTING PRESIDENT MARTINS: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 328, by Senator Klein, Senate Print 4142, an act
5 to amend the Local Finance Law.
6 ACTING PRESIDENT MARTINS: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARTINS: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 ACTING PRESIDENT MARTINS: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 331, by Senator Gallivan, Senate Print 398, an
18 act to amend the Social Services Law.
19 ACTING PRESIDENT MARTINS: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARTINS: Call the
24 roll.
25 (The Secretary called the roll.)
2750
1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT MARTINS: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 380, by Senator Young, Senate Print 1978, an act
6 to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT MARTINS: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 120th day.
11 ACTING PRESIDENT MARTINS: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 56. Nays, 1.
15 Senator Dilan recorded in the negative.
16 ACTING PRESIDENT MARTINS: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 389, by Senator Klein, Senate Print 4311, an act
20 to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT MARTINS: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of April.
25 ACTING PRESIDENT MARTINS: Call the
2751
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MARTINS: Senator
4 Krueger to explain her vote.
5 SENATOR KRUEGER: Thank you,
6 Mr. President.
7 I think it's a wrong precedent for
8 the State of New York to be having religious
9 identification on motor vehicle license plates,
10 so I'll be voting no.
11 Thank you.
12 ACTING PRESIDENT MARTINS: Thank
13 you, Senator Krueger.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar Number 389, those recorded in the
17 negative are Senators Dilan, Krueger, Montgomery
18 and Perkins.
19 Ayes, 53. Nays, 4.
20 ACTING PRESIDENT MARTINS: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 391, by Senator Rivera, Senate Print 993A, an act
24 to amend the Public Health Law.
25 ACTING PRESIDENT MARTINS: Read the
2752
1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the 30th day.
4 ACTING PRESIDENT MARTINS: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 ACTING PRESIDENT MARTINS: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 398, by Senator Golden, Senate Print 783, an act
12 to amend the Executive Law.
13 ACTING PRESIDENT MARTINS: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of January.
17 ACTING PRESIDENT MARTINS: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT MARTINS: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 431, by Senator Little, Senate Print 3501, an act
25 to amend the Public Authorities Law.
2753
1 ACTING PRESIDENT MARTINS: There is
2 a home-rule message at the desk.
3 The Secretary will read the last
4 section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARTINS: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 ACTING PRESIDENT MARTINS: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 445, by Senator Ranzenhofer, Senate Print 865, an
15 act to amend the Education Law.
16 ACTING PRESIDENT MARTINS: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MARTINS: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT MARTINS: The bill
25 is passed.
2754
1 THE SECRETARY: Calendar Number
2 447, by Senator Flanagan, Senate Print 2141, an
3 act to amend the Education Law.
4 ACTING PRESIDENT MARTINS: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARTINS: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MARTINS: Senator
12 Hoylman to explain his vote.
13 SENATOR HOYLMAN: Thank you,
14 Mr. President. I rise to explain my vote.
15 I am concerned that the bill before
16 us actually sends the wrong message at just the
17 wrong time regarding climate change and our need
18 to protect our natural environment.
19 Mr. President, today President Obama, no less, is
20 appearing before the Coast Guard Academy
21 graduates, and he's going to declare that climate
22 change poses a direct threat to our military and
23 national security.
24 And, Mr. President, for us to remove
25 curriculum that would educate New York public
2755
1 school students about the importance of
2 conservation and protecting our world against the
3 threat of manmade climate change I think is a
4 mistake, a step in the wrong direction. And we
5 should be doing exactly the opposite. We should
6 be encouraging greater attention on climate
7 change.
8 Just one final point, sir. I had a
9 forum yesterday on manmade climate change, and we
10 heard from scientists, conservationists,
11 advocates and New Yorkers who had endured the
12 impact. The water level has risen a total of
13 1 foot in the last 100 years along New York's
14 coast, and it's expected to do the same unless we
15 take definitive action.
16 So I'll be voting no on this bill.
17 Thank you.
18 ACTING PRESIDENT MARTINS: Thank
19 you, Senator Hoylman.
20 Senator Krueger to explain her vote.
21 SENATOR KRUEGER: Thank you.
22 I share my colleague's concern.
23 This has been an established educational
24 requirement for many years in the State of
25 New York, and it's absolutely the wrong time to
2756
1 be turning it into an option when we should be
2 doing so much more to educate ourselves and our
3 children about the dangers of climate change to
4 the future of this world.
5 I actually think the benefit of
6 having it continue as it is or even to have it
7 expanded will be to encourage more young people
8 to look into careers in environmental science and
9 to explore at younger and younger ages the
10 importance of their generation figuring out how
11 to resolve the mistakes that have been caused by
12 our generation and the generations before us.
13 So I certainly have no problem with
14 changing the title from "Conservation Day" to
15 "Earth Day," but I actually think that this bill
16 takes away from the standard that's already been
17 set when, to repeat what my colleague Senator
18 Hoylman just said, we should be doing everything
19 possible to expand attention to this world
20 crisis, this global crisis, and we should do
21 everything we can to encourage young people in
22 our school system to get involved, to get active,
23 to help change the behavior patterns of their own
24 families, of their communities, and to absolutely
25 explore the opportunities available to them in
2757
1 their lives to become professionals and
2 scientists helping to address this crisis.
3 Thank you, Mr. President. I vote
4 no.
5 ACTING PRESIDENT MARTINS: Thank
6 you, Senator Krueger.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar 447, those recorded in the negative are
10 Senators Avella, Breslin, Carlucci, Comrie,
11 Espaillat, Gianaris, Hassell-Thompson, Hoylman,
12 Krueger, Montgomery, Panepinto, Peralta, Perkins,
13 Rivera, Sanders, Serrano, Squadron, Stavisky and
14 Senator Stewart-Cousins.
15 Ayes, 39. Nays, 19.
16 ACTING PRESIDENT MARTINS: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 462, by Senator Little, Senate Print 819A, an act
20 to amend the Penal Law.
21 ACTING PRESIDENT MARTINS: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the first of November.
25 ACTING PRESIDENT MARTINS: Call the
2758
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 ACTING PRESIDENT MARTINS: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 478, by Senator Bonacic, Senate Print 1902, an
8 act to amend the Social Services Law.
9 ACTING PRESIDENT MARTINS: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 120th day.
13 ACTING PRESIDENT MARTINS: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MARTINS: Senator
17 Kennedy to explain his vote.
18 SENATOR KENNEDY: Thank you,
19 Mr. President.
20 First and foremost, let me thank our
21 colleague Senator Bonacic for carrying this
22 all-important piece of legislation. We have seen
23 across this state and across this country the
24 horrific abuses against children, and New York
25 State is taking the steps in the right direction
2759
1 to do what we can do at a government level to
2 root out the bureaucracy that gets in the way of
3 investigating these horrific instances.
4 Just this past week, another child
5 died in Western New York. Her own mother is
6 being accused of murdering that one-year-old
7 child, her own daughter.
8 We have seen a spate of these deaths
9 across Western New York, across this whole state.
10 You know, the statistics are staggering.
11 Hundreds of thousands of children abused and
12 neglected across this country, tens of thousands
13 across this state, thousands have died,
14 oftentimes at the hands of their own family
15 members.
16 What this bill does is it helps to
17 streamline the process to which abuse is reported
18 and effectively allows the statewide hotline to
19 allow the mandated reporters information that
20 comes into that hotline not to be screened but go
21 directly to Child Protective Services at the
22 local level. It gets rid of a layer of
23 government that delays the process and gets in
24 the way.
25 These are nurses and doctors,
2760
1 physician's assistants, law enforcement personnel
2 that are trained and oftentimes, sadly, have the
3 experience to properly identify child abuse and
4 report it.
5 So when that's reported, by law, by
6 these mandated reporters, we shouldn't have to
7 then screen that report. That report goes
8 directly to Child Protective Services and gets
9 those children out of harm's way as quickly as
10 possible.
11 It also establishes guidelines to
12 which our local municipalities will create better
13 communication with law enforcement and the local
14 public service agencies and hospitals and such.
15 So again, I want to thank the bill's
16 sponsor, Senator Bonacic, and all of our
17 colleagues for continuing our efforts as a state
18 to root out child abuse at every single level.
19 Thank you, Mr. President. I vote
20 aye.
21 ACTING PRESIDENT MARTINS: Thank
22 you, Senator Kennedy.
23 Announce the results.
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT MARTINS: The bill
2761
1 is passed.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Could we lay
4 the noncontroversial calendar aside for a moment
5 and return to the order of motions and
6 resolutions.
7 We have a special guest, and we have
8 a resolution dealing with that special guest by
9 Senator Carlucci. That's Resolution 2000. If
10 you would please read it in its entirety.
11 And the resolution will be open for
12 cosponsorship. If you don't want to cosponsor,
13 notify the desk.
14 ACTING PRESIDENT MARTINS: Thank
15 you, Senator DeFrancisco.
16 Returning to motions and
17 resolutions, the Secretary will read Resolution
18 Number 2000.
19 THE SECRETARY: Legislative
20 Resolution Number 2000, by Senator Carlucci,
21 welcoming and paying tribute to Consul General of
22 Italy, Natalia Quintavalle, upon the occasion of
23 her visit to Albany, New York, on May 20, 2015.
24 "WHEREAS, The State of New York is
25 greatly enriched by its cultural diversity and
2762
1 proudly shares a multitude of values as well as
2 familial ties with the people and country of
3 Italy; and
4 "WHEREAS, This Legislative Body,
5 representing the people of the State of New York,
6 is pleased to welcome Consul General of Italy,
7 Natalia Quintavalle, upon the occasion of her
8 visit to Albany, New York, for a guest
9 appearance and briefing before the New York
10 Conference of Italian-American State Legislators
11 and other lawmakers on Wednesday, May 20, 2015;
12 and
13 "WHEREAS, Natalia Quintavalle is the
14 first woman to be selected as Italian Consul
15 General in New York; she officially began her
16 appointment on September 5, 2011; and
17 "WHEREAS, Natalia Quintavalle was
18 born in Pietrasanta, in the province of Lucca;
19 after graduating in 1981 with a degree in
20 Political Science from the University of Pisa,
21 she then studied diplomacy and passed the
22 examinations for diplomatic service in 1986; and
23 "WHEREAS, This Legislative Body is
24 privileged to extend a warm welcome to an
25 extraordinary visitor of such esteemed position
2763
1 and purpose, Consul General of Italy, Natalia
2 Quintavalle, and to wish her continued success
3 and happiness in all endeavors she pursues; now,
4 therefore, be it
5 "RESOLVED, That this Legislative
6 Body pause in its deliberations to welcome
7 Italian Consul General Natalia Quintavalle upon
8 the occasion of her visit to Albany, New York,
9 and to thank her for all she has done for the
10 Italian-American community in New York State
11 since her appointment as Consul General of Italy;
12 and
13 "RESOLVED, That a copy of this
14 resolution, suitably engrossed, be transmitted to
15 Consul General of Italy, Natalia Quintavalle."
16 ACTING PRESIDENT MARTINS: Thank
17 you.
18 Senator Carlucci.
19 SENATOR RITCHIE: Thank you,
20 Mr. President.
21 It's an absolute honor and a
22 privilege to rise and be able to welcome Consul
23 General Natalia Quintavalle to the Senate
24 chamber.
25 I have the distinct privilege of
2764
1 serving as the president of the Italian-American
2 Legislators Conference, and we had the honor of
3 the Consul General briefing us this morning on
4 the work that she's doing.
5 And it's so exciting to be able to
6 meet with a diplomat of the experience of Consul
7 General Quintavalle: 25 years of diplomatic
8 experience working for the Italian government
9 around the world, and whether it's working on
10 healthcare issues -- Consul General Quintavalle
11 was the lead negotiator for Italy in developing
12 the World Fund to Fight AIDS, Tuberculosis and
13 Malaria -- as well as economic development.
14 And we're excited to work with
15 Consul General Quintavalle on the Governor's
16 initiative for Global New York, making sure that
17 we pursue every opportunity possible to expand
18 our economy here in New York State.
19 So with that, on behalf of the
20 entire Senate, it's an absolute honor and a
21 privilege to welcome Consul General Quintavalle
22 to our chamber today. Thank you so much.
23 Thank you, Mr. President.
24 (Standing ovation.)
25 ACTING PRESIDENT MARTINS: Madam
2765
1 Consul General, welcome to our chamber.
2 We extend to you the courtesies of
3 our house, and we hope that your stay here in
4 Albany is a good one. Welcome. Thank you.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Could you
7 please recognize Senator Rivera for a brief
8 introduction.
9 ACTING PRESIDENT MARTINS: Senator
10 Rivera.
11 SENATOR RIVERA: Thank you,
12 Mr. President.
13 I wanted to take the time, ladies
14 and gentlemen, to introduce you to a group of
15 young men that is, I think, representative of
16 some of the best people that we have in the State
17 of New York.
18 If the gentlemen up here could stand
19 up for a second. These young men are a part of
20 the Eagle Academy, Eagle Academy for Young Men in
21 the Bronx.
22 Now, for those of you that do not
23 know, that are not privileged enough to know
24 about the Eagle Academy, it was started back in
25 2004 by One Hundred Black Men. And the idea was
2766
1 simple. We wanted to make sure that we -- this
2 organization wanted to make sure that they went
3 to places where young men of color like the young
4 gentlemen that you see here, who have such a hard
5 time in a lot of other places to graduate at an
6 acceptable rate, they went to those
7 neighborhoods, they said, we're not going to run
8 away from the problem, we're going to go and face
9 it head on.
10 And what has happened, not only in
11 the Bronx but in the school that they have in
12 Newark, in Queens, in Brooklyn -- and very much
13 going to continue to expand -- they've created a
14 model which works.
15 What you have here is a group of
16 young men that graduates at 78 percent. So
17 78 percent of the men that go into Eagle Academy
18 graduate. And 100 percent -- I say again, ladies
19 and gentlemen, 100 percent of the young men that
20 graduate from Eagle Academy are accepted into
21 higher education institutions. So what we have
22 here is a model that works.
23 And I will say one more thing. This
24 is a public school, ladies and gentlemen. And we
25 have heard much about the good things that
2767
1 charters do, and certainly they do a lot of good.
2 But when you look at the model that these young
3 men are going through every day, it is an
4 incredible honor to have them here so that they
5 can see our chamber.
6 And I'm hoping that at some point
7 soon -- or maybe not so soon, but at some point
8 in the future when I no longer choose to sit in
9 this chair, maybe one of these young men could
10 replace me down here.
11 So I'd ask, if you could, to
12 recognize their presence, if you could all stand
13 and give them a hand.
14 (Standing ovation.)
15 SENATOR RIVERA: Thank you so much,
16 Mr. President.
17 ACTING PRESIDENT MARTINS: Thank
18 you, Senator Rivera.
19 Senator Montgomery.
20 SENATOR MONTGOMERY: Yes,
21 Mr. President. I rise to first of all thank my
22 colleague Senator Rivera.
23 I know that you're recognizing the
24 Eagle Academy from the Bronx, but I just would
25 like for you to know that I represent the Eagle
2768
1 Academy from Brooklyn. And I am equally proud
2 when I walk into that school and I see those
3 young men who are just exactly what I would like
4 to see our young men, how I would like to see
5 them look and perform, and to know that they are
6 as successful as they are. And it is indeed a
7 public school.
8 So we support what you're doing, we
9 support you and certainly are excited about what
10 you represent for us and for our future. So
11 thank you. And thank you, Senator Rivera.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MARTINS: Thank
14 you, Senator Montgomery.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: I don't know
17 if the group was here earlier, but I want to echo
18 what I said earlier.
19 It's truly refreshing to see people
20 doing the right things in our schools and our
21 communities. That's the only way we're going to
22 get out of a situation that maybe is not as great
23 as it should be as far as results in the schools.
24 You should be commended. You should
25 be the leaders in your community and show the way
2769
1 for everyone else to do the right thing.
2 Congratulations.
3 ACTING PRESIDENT MARTINS: Thank
4 you. Well said, Senator DeFrancisco.
5 Senator Comrie.
6 SENATOR COMRIE: Thank you,
7 Mr. President.
8 As also having an Eagle Academy and
9 being honored to have the founder of Eagle
10 Academy that also lives in my district and grew
11 up in my district, David Banks, I'm honored to
12 have an Eagle Academy placed in my district also.
13 And I can tell you that the parental
14 involvement has increased. The young men that
15 are involved in the Eagle go to school from early
16 in the morning till late at night. They are
17 working on getting into the major colleges. And
18 the percentage of people that are graduating with
19 a focused spirit, a determined intellect, an
20 opportunity to serve and an understanding of
21 service, also are only part of the tenets that
22 the Eagle Academy is having.
23 And I hope that the Eagle program
24 can be embellished and enhanced all over this
25 state and all over this country. Because the
2770
1 concept of educating young people, taking an
2 opportunity to take them out of their usual mode
3 of understanding, giving them exposure by
4 utilizing community-based organizations, by
5 bringing in speakers, by showing them a different
6 style and opportunity for education, is a very
7 commendable program.
8 We have four Eagle Academies in the
9 city and one in Newark. I hope that the program
10 expands, and I would invite all in this chamber
11 to look at the Eagle Academy program.
12 And I want to congratulate the young
13 men from the Bronx, but we have Queens -- I would
14 say the Eagle Academy in Queens is the second one
15 that was started. And I would hope that we have
16 one day an opportunity to bring all the Eagles up
17 here so that we can experience them up in the
18 chambers here in Albany.
19 Thank you.
20 ACTING PRESIDENT MARTINS: Thank
21 you, Senator Comrie.
22 Gentlemen, welcome to the Senate.
23 Thank you for joining us. We wish you nothing
24 but success in whatever life may bring you. And
25 certainly we expect nothing but success from you
2771
1 in your future. Congratulations.
2 (Applause.)
3 ACTING PRESIDENT MARTINS: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO:
6 Mr. President, can you go back to the
7 noncontroversial reading of the calendar.
8 ACTING PRESIDENT MARTINS: Thank
9 you, Senator DeFrancisco.
10 Returning to the noncontroversial
11 calendar, the Secretary will read.
12 THE SECRETARY: Calendar Number
13 483, by Senator Murphy, Senate Print 3699, an act
14 to amend the Executive Law.
15 ACTING PRESIDENT MARTINS: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARTINS: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT MARTINS: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2772
1 556, by Senator Libous, Senate Print 831, an act
2 to amend the State Finance Law.
3 ACTING PRESIDENT MARTINS: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the first of April.
7 ACTING PRESIDENT MARTINS: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58. Nays, 1.
11 Senator Espaillat recorded in the negative.
12 ACTING PRESIDENT MARTINS: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 559, by Senator Little, Senate Print 1233, an act
16 to amend the Insurance Law.
17 ACTING PRESIDENT MARTINS: Read the
18 last section.
19 THE SECRETARY: Section 7. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT MARTINS: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT MARTINS: The bill
2773
1 is passed.
2 THE SECRETARY: Calendar Number
3 561, by Senator DeFrancisco, Senate Print 2336,
4 an act to amend the Public Health Law.
5 ACTING PRESIDENT MARTINS: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARTINS: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT MARTINS: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 577, by Senator Savino, Senate Print 3672, an act
17 to amend the Tax Law.
18 ACTING PRESIDENT MARTINS: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARTINS: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
2774
1 ACTING PRESIDENT MARTINS: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 656, by Senator Martins, Senate Print 4377, an
5 act to amend the Public Authorities Law.
6 ACTING PRESIDENT MARTINS: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect January 1, 2016.
10 ACTING PRESIDENT MARTINS: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT MARTINS: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 710, by Senator Libous, Senate Print 1478, an act
18 to amend the Highway Law.
19 ACTING PRESIDENT MARTINS: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARTINS: Call the
24 roll.
25 (The Secretary called the roll.)
2775
1 THE SECRETARY: Ayes, 58. Nays, 1.
2 Senator Krueger recorded in the negative.
3 ACTING PRESIDENT MARTINS: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 714, by Senator Larkin, Senate Print 2203, an act
7 to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT MARTINS: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of November.
12 ACTING PRESIDENT MARTINS: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT MARTINS: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 721, by Senator Serino, Senate Print 3694A, an
20 act to amend the Penal Law.
21 ACTING PRESIDENT MARTINS: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of November.
25 ACTING PRESIDENT MARTINS: Call the
2776
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MARTINS: Senator
4 Serino, to explain her vote.
5 SENATOR SERINO: Thank you,
6 Mr. President.
7 I rise today to express my support
8 for this bill and to thank my colleagues for
9 recognizing its significance and for your
10 patience while I explain my vote.
11 Even before taking office, I knew
12 that its passage would be one of my highest
13 priorities. In fact, it was the first piece of
14 legislation that I introduced.
15 Some of you may know the story from
16 my district about the Wonderly family, Shawn and
17 Patty. In 2012, they had recently moved back
18 from Florida to the City of Poughkeepsie, and
19 they driving through the City of Poughkeepsie
20 with their two young children when their vehicle
21 was struck by a convicted felon who was fleeing
22 from the police. While both the children
23 survived their severe injuries, Shawn and Patty
24 did not.
25 The perpetrator, who was wanted on
2777
1 several parole violations and had warrants from
2 three law enforcement agencies, admitted to
3 speeding and driving recklessly when he pled
4 guilty to two counts of manslaughter.
5 Under the current law, regardless of
6 the number of victims killed during a single act,
7 sentencing must run concurrently, allowing him to
8 serve both of those sentences at the same time.
9 The result? The man responsible for the
10 Wonderlys' deaths and for effectively making two
11 young children orphans will serve only 6½ to
12 13 years in jail. Can you imagine? Six and a
13 half years for taking two lives.
14 These kids have to deal with the
15 loss of their mom and dad for a lifetime.
16 They'll never know what it's like to have their
17 parents cheering on the sidelines of a game or
18 there to see them off to the prom, their first
19 kiss. They won't be there for their first dates
20 or to dance at their weddings.
21 The Wonderly story is infamous in my
22 district. The way the law robbed them of justice
23 is disgraceful, and we have a responsibility to
24 ensure that no other family suffers at the hands
25 of the system the way the Wonderlys have.
2778
1 Passing this bill is a major step in
2 the right direction, and it will go a long way in
3 restoring the public's trust in the law.
4 Along with the members of the
5 Wonderly family, Assemblymen Frank Skartados and
6 Kieran Lalor have been fighting tirelessly for
7 the passage of this bill in the Assembly. It's a
8 new year here, and we hope our colleagues in the
9 other house will finally put people before
10 politics and pass this critical piece of
11 legislation so that the Wonderlys and the
12 families across our state can finally know that
13 justice is served.
14 Enough is enough. It's time to fix
15 our system.
16 Thank you.
17 ACTING PRESIDENT MARTINS: Thank
18 you, Senator Serino.
19 Senator Lanza.
20 SENATOR LANZA: Mr. President, can
21 we acknowledge and congratulate Senator Serino on
22 the passage of her first bill in this body.
23 ACTING PRESIDENT MARTINS:
24 Congratulations.
25 (Applause.)
2779
1 ACTING PRESIDENT MARTINS: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 721, those recorded in the negative are
5 Senators Hassell-Thompson, Montgomery and
6 Perkins. Also Senator Dilan.
7 Ayes, 55. Nays, 4.
8 ACTING PRESIDENT MARTINS: The bill
9 is passed.
10 Senator Serino, congratulations.
11 SENATOR SERINO: Thank you.
12 ACTING PRESIDENT MARTINS: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 726, by Senator Young, Senate Print 5056A --
16 SENATOR GIANARIS: Lay it aside.
17 ACTING PRESIDENT MARTINS: The bill
18 is laid aside.
19 THE SECRETARY: Calendar Number
20 841, by Senator Díaz, Senate Print 235, an act to
21 amend the Banking Law.
22 ACTING PRESIDENT MARTINS: Read the
23 last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect immediately.
2780
1 ACTING PRESIDENT MARTINS: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT MARTINS: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 842, by Senator Gallivan, Senate Print 438, an
9 act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT MARTINS: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARTINS: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58. Nays, 1.
18 Senator Dilan recorded in the negative.
19 ACTING PRESIDENT MARTINS: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 843, by Senator Gallivan, Senate Print 537, an
23 act to amend the Public Service Law.
24 ACTING PRESIDENT MARTINS: Read the
25 last section.
2781
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MARTINS: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 58. Nays, 1.
7 Senator Espaillat recorded in the negative.
8 ACTING PRESIDENT MARTINS: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 845, by Senator Hannon, Senate Print 780, an act
12 to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT MARTINS: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 120th day.
17 ACTING PRESIDENT MARTINS: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT MARTINS: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 846, by Senator Serrano, Senate Print 956, an act
25 to amend the Parks, Recreation and Historic
2782
1 Preservation Law.
2 ACTING PRESIDENT MARTINS: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARTINS: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT MARTINS: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 848, by Senator Golden, Senate Print 1827, an act
14 to amend the Penal Law.
15 ACTING PRESIDENT MARTINS: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT MARTINS: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 58. Nays, 1.
23 Senator Montgomery recorded in the negative.
24 ACTING PRESIDENT MARTINS: The bill
25 is passed.
2783
1 THE SECRETARY: Calendar Number
2 849, by Senator Ritchie, Senate Print 2394, an
3 act to amend the Correction Law.
4 ACTING PRESIDENT MARTINS: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the 30th day.
8 ACTING PRESIDENT MARTINS: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MARTINS: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 849, those recorded in the negative are
15 Senators Gianaris, Hoylman, Peralta, Perkins and
16 Rivera.
17 Ayes, 54. Nays, 5.
18 ACTING PRESIDENT MARTINS: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 850, by Senator Felder, Senate Print 2866, an act
22 to direct.
23 ACTING PRESIDENT MARTINS: Read the
24 last section.
25 THE SECRETARY: Section 3. This
2784
1 act shall take effect immediately.
2 ACTING PRESIDENT MARTINS: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MARTINS: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 851, by Senator Farley, Senate Print 2895, an act
10 to amend the Education Law.
11 ACTING PRESIDENT MARTINS: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of September.
15 ACTING PRESIDENT MARTINS: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT MARTINS: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 852, by Senator Funke, Senate Print 2977, an act
23 to amend the Penal Law.
24 ACTING PRESIDENT MARTINS: Read the
25 last section.
2785
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of November.
3 ACTING PRESIDENT MARTINS: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT MARTINS: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 854, by Senator Savino, Senate Print 3243, an act
11 to amend the Penal Law.
12 ACTING PRESIDENT MARTINS: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 60th day.
16 ACTING PRESIDENT MARTINS: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MARTINS: Senator
20 Krueger to explain her vote.
21 SENATOR KRUEGER: Thank you,
22 Mr. President.
23 I understand the sponsor's concern
24 about inappropriate behavior on public
25 transportation and harassment and even physical
2786
1 contact with people who cannot necessarily move
2 away at that time, certainly did not invite this
3 and its inappropriateness.
4 But this bill would go from a
5 misdemeanor penalty to a Level D felony,
6 resulting in five to seven years in prison and a
7 lifetime on the sex offender registry.
8 So I empathize, as a woman who uses
9 public transportation and has experienced this
10 type of behavior, unwanted, more than once in my
11 life. That it is inappropriate, it should be
12 criminal, but I do feel that we perhaps jumped
13 over several levels of the criminal justice
14 standard to actually move to a D felony with
15 extended prison time for this kind of behavior.
16 So I am voting no. Thank you,
17 Mr. President.
18 ACTING PRESIDENT MARTINS: Thank
19 you, Senator Krueger.
20 Senator Savino, my apologies, to
21 explain her vote.
22 SENATOR SAVINO: Thank you,
23 Mr. President.
24 Three years ago I stood at a subway
25 station with my colleague in the Assembly Mike
2787
1 Cusick and the then-Public Advocate of the City
2 of New York, Bill de Blasio, who is now the Mayor
3 the City of New York. We stood there at that
4 train station in Bay Ridge to call attention to
5 something that happens every day in the New York
6 City subway system and on the New York City buses
7 and on the Long Island Railroad, and it happens
8 to young women and older women and even women my
9 age and Senator Krueger's age, where they are
10 victimized by sexual deviants against their own
11 will, oftentimes not even realizing that they're
12 being violated.
13 Cops refer to these sexual deviants
14 as "grinders." And any of you who have ever been
15 on the subway at rush hour in a crowded train
16 knows exactly what it means: Someone who sidles
17 us behind you and, in an effort to pretend that
18 they're just trying to, you know, get a hold on
19 the pole, is literally grinding up against you,
20 oftentimes ejaculating on the back of your
21 clothing.
22 It is a humiliating experience, one
23 I have experienced myself when I was a young girl
24 riding the subway back and forth to high school
25 in South Jamaica. I can remember the feeling of
2788
1 terror being locked in those subway cars, which
2 you couldn't go through them -- those of you who
3 know the subway system in Queens, you can't go
4 through the train cars on the F train -- being
5 stuck in there with a pervert who was exposing
6 themselves, nothing that you could do. That's
7 the reality for many of us on the subway.
8 Three years ago I stood at that
9 subway station because the way women have been
10 insulted by the law was exacerbated by a Court of
11 Appeals decision that said that a repeat offender
12 who had practiced this against numerous young
13 women could only be prosecuted as a misdemeanor
14 because those young women had to prove that they
15 felt threatened by that action. Imagine that, a
16 woman has to prove that she's threatened by this
17 action.
18 So they called upon us to change the
19 law, to make this a felony. We passed the bill
20 three times in this house. And I believe in the
21 past, Senator Krueger, you voted for the bill.
22 But since then, the Assembly has not.
23 But I just wanted to give you a
24 headline from Sunday's Staten Island Advance:
25 "Ferry groper tells victim, 'You got nice
2789
1 breasts. I like them.'" A young women riding
2 the ferry groped by an individual. He not only
3 told her he liked her breasts, he grabbed them.
4 He was arrested. And he can only be prosecuted
5 as a misdemeanor -- second degree harassment,
6 third degree sexual abuse, all misdemeanors.
7 It is time for us to close this
8 loophole. It is time for us to provide
9 protection for women on our public transportation
10 system so they don't have to be victimized and
11 humiliated and feel that they have to prove that
12 they felt threatened.
13 Thank you, Mr. President.
14 ACTING PRESIDENT MARTINS: Thank
15 you, Senator Savino.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 854, those recorded in the negative are
19 Senators Dilan, Hassell-Thompson, Krueger,
20 Montgomery and Perkins.
21 Ayes, 54. Nays, 5.
22 ACTING PRESIDENT MARTINS: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 856, substituted earlier by Member of the
2790
1 Assembly Hevesi, Assembly Print 551, an act to
2 amend the Social Services Law.
3 ACTING PRESIDENT MARTINS: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARTINS: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT MARTINS: The bill
12 is passed.
13 Senator Lanza, that completes the
14 noncontroversial reading of our calendar.
15 SENATOR LANZA: Mr. President, can
16 we take up a reading of the controversial
17 calendar.
18 ACTING PRESIDENT MARTINS: The
19 Secretary will ring the bell.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 159, by Senator Ortt, Senate Print 3123, an act
23 to amend the Vehicle and Traffic Law.
24 ACTING PRESIDENT MARTINS: Senator
25 Hoylman.
2791
1 SENATOR HOYLMAN: Thank you,
2 Mr. President.
3 Would the sponsor yield to a few
4 questions?
5 SENATOR ORTT: I do.
6 SENATOR HOYLMAN: Through you,
7 Mr. President -- the sponsor is yielding,
8 correct?
9 ACTING PRESIDENT MARTINS: The
10 Senator has yielded. Thank you, Senator Hoylman,
11 you may ask.
12 SENATOR HOYLMAN: Thank you to the
13 sponsor and thank you, Mr. President.
14 Could the sponsor describe the
15 purpose of the bill?
16 SENATOR ORTT: The bill is pretty
17 straightforward, Mr. President. It would create
18 a distinctive plate, as there are many
19 distinctive plates for numerous organizations
20 across the state, for the Boy Scouts.
21 SENATOR HOYLMAN: Would the sponsor
22 continue to yield, Mr. President.
23 ACTING PRESIDENT MARTINS: The
24 sponsor yields.
25 SENATOR HOYLMAN: Through you,
2792
1 Mr. President, could the sponsor describe what is
2 the general purpose of granting such distinctive
3 license plates to organizations like the one
4 before us today.
5 SENATOR ORTT: Through you,
6 Mr. President, I think the rationale or the
7 reason to do this is, first of all, to recognize
8 organizations such as the Boy Scouts who have
9 contributed to so much about what's right in
10 New York State.
11 Six U.S. presidents were Eagle
12 Scouts or Boy Scouts. And whether it's the U.S.
13 armed forces, whether it's the Boy Scouts of
14 America, I think it simply allows our residents
15 to recognize these organizations, often their
16 participation in these organizations, with that
17 distinctive license plate.
18 And so that's the rationale.
19 SENATOR HOYLMAN: Through you,
20 Mr. President, would the sponsor continue to
21 yield?
22 SENATOR ORTT: I do.
23 ACTING PRESIDENT MARTINS: The
24 sponsor yields.
25 SENATOR HOYLMAN: So would the
2793
1 sponsor agree that through this distinctive
2 license plate the State of New York is
3 essentially giving its government seal of
4 approval on the Boy Scouts of America?
5 SENATOR ORTT: Through you,
6 Mr. President, I look at it as really the State
7 of New York is allowing its residents to showcase
8 their support for an organization; in this case,
9 the Boy Scouts of America.
10 SENATOR HOYLMAN: Through you,
11 Mr. President, if the sponsor would continue to
12 yield.
13 ACTING PRESIDENT MARTINS: The
14 sponsor yields.
15 SENATOR HOYLMAN: But the sponsor
16 would agree that but for this legislation,
17 residents could not express their support for the
18 Boy Scouts on an official government document
19 such as our license plates. Would the sponsor
20 agree to that?
21 SENATOR ORTT: Through you,
22 Mr. President, I think that's very apparent, yes.
23 SENATOR HOYLMAN: Thank you.
24 Through you, Mr. President. Is the
25 sponsor aware that under Boy Scout policy -- this
2794
1 is the national policy -- a job applicant cannot
2 be hired unless he's admitted first as an adult
3 member of the Scouts?
4 SENATOR ORTT: Through you,
5 Mr. President, yes.
6 SENATOR HOYLMAN: Thank you.
7 And through you, Mr. President, if
8 the sponsor would continue to yield.
9 SENATOR ORTT: I do.
10 ACTING PRESIDENT MARTINS: The
11 sponsor yields.
12 SENATOR HOYLMAN: And does the
13 sponsor know that you cannot be an adult member
14 of the Scouts if you're over 18 years old and are
15 openly gay?
16 SENATOR ORTT: Through you,
17 Mr. President. While I'm aware of that national
18 policy, I am also aware, as I trust my colleagues
19 are, that the New York State Council of Scouts
20 recently hired the first adult summer camp leader
21 who is openly gay, Pascal Tessier, who is 18.
22 But I am aware of the national
23 policy.
24 SENATOR HOYLMAN: Through you,
25 Mr. President, if the sponsor would continue to
2795
1 yield.
2 ACTING PRESIDENT MARTINS: Does the
3 sponsor yield?
4 SENATOR ORTT: Yes.
5 ACTING PRESIDENT MARTINS: The
6 sponsor yields.
7 SENATOR HOYLMAN: And does the
8 sponsor know that back in 2013, before 2013, if
9 you were a gay kid you could not be a Boy
10 Scout -- an openly gay kid, you would not be
11 officially admitted to the Boy Scouts of America?
12 SENATOR ORTT: Mr. President, yes,
13 I'm aware of that old policy, which is no longer
14 the policy. As I'm aware of several policies
15 that used to exist which are no longer in
16 existence.
17 SENATOR HOYLMAN: Through you,
18 Mr. President, if the sponsor would continue to
19 yield. And I do appreciate his time.
20 ACTING PRESIDENT MARTINS: The
21 sponsor yields.
22 SENATOR HOYLMAN: And so,
23 Mr. President, does the sponsor know that now the
24 policy is you can be gay as a kid in the Scouts,
25 officially, but once you hit 18 and want to be a
2796
1 leader and you're gay, you can't? Does the
2 sponsor know that? Notwithstanding,
3 notwithstanding one case of hiring.
4 SENATOR ORTT: Yes, Mr. President.
5 SENATOR HOYLMAN: Thank you.
6 Would the sponsor continue to yield?
7 SENATOR ORTT: I do.
8 ACTING PRESIDENT MARTINS: The
9 sponsor yields.
10 SENATOR HOYLMAN: Does the sponsor
11 know that the Attorney General of the State of
12 New York is currently investigating the hiring
13 practices of the Boy Scouts of America?
14 SENATOR ORTT: Through you,
15 Mr. President, I was not aware of that.
16 SENATOR HOYLMAN: Thank you.
17 Mr. President, through you, if the
18 sponsor would continue to yield.
19 ACTING PRESIDENT MARTINS: The
20 sponsor yields.
21 SENATOR HOYLMAN: And does the
22 sponsor know that the basis of the Attorney
23 General's investigation is this partial ban that
24 still exists and the fact that officially, as I
25 pointed out earlier, you cannot work for the Boy
2797
1 Scouts of America unless you've been a Youth, yet
2 you can't be a Youth if you're openly gay? I
3 assume the sponsor is not aware of that, since
4 he's not aware of the case, but I will just
5 confirm that.
6 SENATOR ORTT: Through you,
7 Mr. President, yes.
8 SENATOR HOYLMAN: Thank you to the
9 sponsor.
10 So, Mr. President, I'll speak on the
11 bill now.
12 ACTING PRESIDENT MARTINS: Senator
13 Hoylman on the bill.
14 SENATOR HOYLMAN: Thank you. Thank
15 you so much to the sponsor for his forthright
16 responses.
17 This is an important issue. We deal
18 with license plates a lot in this chamber, for
19 better or for worse. I think we have 41, quote,
20 unquote, distinctive plates floating around the
21 State of New York. And just these last couple of
22 years we've passed 32 bills in this chamber for
23 groups such as veterans, firefighters, Purple
24 Heart award winners, the U.S. Naval Armed Guard
25 Reserve.
2798
1 And to the sponsor's point,
2 Mr. President, these are laudable individuals and
3 entities who are really emissaries for our state.
4 We slap that license plate on our car, we drive
5 across the State of New York, across the country,
6 the world, and the name of New York State is
7 associated with that distinctive group or
8 individuals.
9 And, Mr. President, I have to say
10 I'm very concerned because the official policy,
11 the official policy of the Boy Scouts of America
12 is in direct contradiction with Section 296 of
13 the New York State Human Rights Law, Part A,
14 which says no one can be denied employment based
15 on their age, race, creed, color, national
16 origin, military status, sex, disability, genetic
17 characteristics, marital status, domestic
18 violence victim status, sexual orientation.
19 And I'm concerned, Mr. President,
20 because we are, through this license plate
21 program -- granted, highly symbolic, highly
22 symbolic -- but we are giving, as the sponsor
23 has acknowledged, our government's seal of
24 approval to the Scouts.
25 Now, this is personal to me. I was
2799
1 an Eagle Scout myself. I think I had over 40
2 merit badges. I was a Webelo. I, you know,
3 excelled. I think it was one of the reasons I'm,
4 frankly, in public life.
5 But back then, had I come out as a
6 kid, I would have been kicked out. And today, if
7 I wanted to be a leader of the Boy Scouts of
8 America, I couldn't. And that's wrong,
9 Mr. President.
10 We need to stand up as a state, tell
11 the Boy Scouts they need to end their
12 discriminatory policy. Yes, it's symbolism. But
13 their partial ban on LGBT folks is still a ban.
14 And we need to send that message.
15 Now, the Attorney General has a
16 lawsuit -- an investigation. And I would urge my
17 colleagues to vote nay on this bill. Let us see
18 how this lawsuit proceeds. Let's acknowledge
19 that the Scouts have taken some positive steps in
20 recent years. But again, partial discrimination
21 is still discrimination.
22 So I would urge my colleagues to
23 vote no. I would urge us to wait to see the
24 outcome of the Attorney General's investigation.
25 Let's send a message to the Boy Scouts of
2800
1 America, let's send a message to gay kids
2 everywhere that we're concerned about their
3 well-being and that we do not endorse
4 discrimination of LGBT people.
5 I'll be voting no. Thank you,
6 Mr. President.
7 ACTING PRESIDENT MARTINS: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 120th day.
11 ACTING PRESIDENT MARTINS: Senator
12 Lanza.
13 SENATOR LANZA: Mr. President, on
14 consent, the bill will be restored to the
15 noncontroversial calendar.
16 Please call the roll.
17 ACTING PRESIDENT MARTINS: Thank
18 you, Senator Lanza.
19 With unanimous consent, it's
20 restored to the noncontroversial reading of
21 today's calendar.
22 Call the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MARTINS: Senator
25 Ortt to explain his vote.
2801
1 SENATOR ORTT: Thank you,
2 Mr. President.
3 You know, this law -- this bill, as
4 all bills regarding license plates, contrary to
5 what my colleague said, I don't believe it is a
6 stamp of approval by New York State on any
7 organization.
8 What I do believe, it is a stamp of
9 approval on our residents' right to recognize
10 their participation or their support of a
11 particular organization. And that is a distinct
12 difference.
13 And it's that freedom to allow them
14 to express that difference for organizations that
15 have a key or have been a key part of our state
16 and of our country.
17 We just talked about the fact that
18 the New York Boy Scouts have allowed the first
19 openly gay leader summer camp leader, to my
20 colleague's point. But the bottom line is
21 whether you agree with every policy or you agree
22 with every regulation of every group -- some
23 people are against war, yet they support
24 veterans' plates. You can be both.
25 You can not agree with every policy
2802
1 of the Boy Scouts and yet still recognize that
2 for much of what the Boy Scouts stand for,
3 whether it's leadership, integrity, teamwork --
4 when I look at those things, I see more of what's
5 right about our state and America and less about
6 what's wrong with our country and America.
7 So, Mr. President, for those reasons
8 I'll be voting aye.
9 ACTING PRESIDENT MARTINS: Thank
10 you, Senator Ortt.
11 Announce the results.
12 THE SECRETARY: In relation to
13 Calendar 159, those recorded in the negative are
14 Senators Avella, Breslin, Carlucci, Dilan,
15 Espaillat, Gianaris, Hoylman, Kennedy, Krueger,
16 Montgomery, Panepinto, Perkins, Rivera, Savino,
17 Squadron, Stavisky, Stewart-Cousins. Also
18 Senator Hassell-Thompson. Also Senator Serrano.
19 Ayes, 40. Nays, 19.
20 ACTING PRESIDENT MARTINS: The bill
21 is passed.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 726, by Senator Young, Senate Print 5056A, an act
25 to amend the Real Property Tax Law.
2803
1 ACTING PRESIDENT MARTINS: Senator
2 Espaillat.
3 SENATOR ESPAILLAT: Through you,
4 Mr. President, will the sponsor yield for some
5 questions?
6 ACTING PRESIDENT MARTINS: Senator
7 Young.
8 SENATOR YOUNG: Yes, Mr. President.
9 ACTING PRESIDENT MARTINS: The
10 sponsor yields.
11 SENATOR ESPAILLAT: Through you,
12 Mr. President, would the sponsor tell us what is
13 the estimated number of households that will
14 benefit from this particular program?
15 SENATOR YOUNG: Sure, be glad to,
16 Mr. President.
17 And first of all, I'd like to
18 describe actually what the program does. It is
19 an expansion of a very popular existing program
20 called the New York City Rent Freeze Program,
21 which provides a rent freeze to people with
22 disabilities and senior citizens who qualify
23 under certain parameters.
24 This would actually expand that
25 program to include tenants who truly are
2804
1 struggling to be able to afford paying their
2 rent. It would go to households that have a
3 combined income of $50,000 or less, and these
4 households would have to be paying more than
5 50 percent of their income toward rent.
6 It would go to rent-regulated
7 tenants, and it would basically freeze their
8 rents. And there would be a tax abatement that
9 would be given to the property owners, as it is
10 given through the Senior Citizen Rent Increase
11 Exemption and the Disabilities Rent Increase
12 Exemption.
13 So we did a calculation of this, and
14 based on the 2011 Housing Vacancy Survey,
15 approximately 214,183 households would be
16 eligible for this TRIE program, the Tenant Rent
17 Increase Exemption program, roughly equivalent to
18 25 percent of tenants who are often cited as
19 paying more than 50 percent of their income
20 toward rent.
21 SENATOR ESPAILLAT: Through you,
22 Mr. President, would the sponsor yield for
23 another question?
24 SENATOR YOUNG: Yes, Mr. President.
25 ACTING PRESIDENT MARTINS: The
2805
1 sponsor yields.
2 SENATOR ESPAILLAT: You're saying
3 that over 200,000 households will benefit from
4 this particular program?
5 SENATOR YOUNG: Yes, Senator.
6 SENATOR ESPAILLAT: And what will
7 be the cost --
8 ACTING PRESIDENT MARTINS: Senator
9 Espaillat, are you asking the sponsor to continue
10 to yield?
11 SENATOR ESPAILLAT: Yes. Excuse
12 me, Mr. President. Through you, will the sponsor
13 yield?
14 ACTING PRESIDENT MARTINS: The
15 sponsor does yield.
16 SENATOR YOUNG: Yes.
17 SENATOR ESPAILLAT: What will be
18 the cost of this program in terms of the tax
19 revenue lost by the city?
20 ACTING PRESIDENT MARTINS: Senator
21 Young.
22 SENATOR YOUNG: Thank you,
23 Mr. President.
24 We did a calculation on this. And
25 by the way, I want to point out that this is a
2806
1 local option, that New York City would have to
2 pass a local law, ordinance or resolution in
3 order to participate. And that New York State,
4 under this bill, would also participate by
5 contributing 10 percent toward the total cost.
6 We estimate, based on participation
7 rates for the Senior Citizen Rent Increase
8 Exemption program, that it would be about
9 40 percent of all those who are eligible,
10 totaling about $34 million in the first year.
11 Under that scenario, the state would
12 contribute $3.4 million toward the cost. But
13 again, it's local option. The city could opt in
14 or decide not to opt in.
15 And right now it's my understanding,
16 based on reports, that New York City has a
17 $4.5 billion surplus. So I think that they would
18 be able to afford this program if they decided to
19 move ahead with it.
20 SENATOR ESPAILLAT: Through you,
21 Mr. President, would the sponsor yield for
22 another question?
23 SENATOR YOUNG: Yes.
24 ACTING PRESIDENT MARTINS: The
25 sponsor yields.
2807
1 SENATOR ESPAILLAT: So there's
2 approximately, according to your calculations,
3 approximately 200,000 households that would
4 benefit from this program, of households that
5 make $50,000 or less a year and pay over
6 50 percent of that income towards their rent.
7 And your estimation is that it would
8 cost, in its first year, $34 million for the City
9 of New York?
10 SENATOR YOUNG: Correct.
11 SENATOR ESPAILLAT: And that it has
12 a local option, that the city will actually have
13 to agree to participate in this?
14 SENATOR YOUNG: Correct.
15 SENATOR ESPAILLAT: So have we
16 heard from the city? Has the city given a memo
17 of support? Has the city weighed in on this
18 discussion?
19 ACTING PRESIDENT MARTINS: Senator
20 Young.
21 SENATOR YOUNG: What we've heard
22 from the city is that they are still evaluating
23 it. I met with members from city government just
24 this past week. They seemed to be very
25 interested in this program. They recognize how
2808
1 popular and how successful the SCRIE and the DRIE
2 programs have been, and they thought that it fit
3 in well with their goals, but they're still
4 taking a look at it.
5 ACTING PRESIDENT MARTINS: Senator
6 Espaillat.
7 SENATOR ESPAILLAT: Through you,
8 Mr. President, will the sponsor yield for another
9 question?
10 SENATOR YOUNG: Yes.
11 ACTING PRESIDENT MARTINS: The
12 sponsor yields.
13 SENATOR ESPAILLAT: So you have
14 said that the state also has to chip in and it
15 has to, in fact, provide some reimbursement for
16 the City of New York to be able to implement this
17 particular program. And that reimbursement will
18 go up to 10 percent of the lost real property tax
19 revenue; is that correct?
20 SENATOR YOUNG: Under this
21 legislation, Mr. President, the state would take
22 on 10 percent of the total cost of the program.
23 SENATOR ESPAILLAT: So through you,
24 Mr. President, would the sponsor yield again?
25 SENATOR YOUNG: Yes.
2809
1 ACTING PRESIDENT MARTINS: The
2 sponsor yields.
3 SENATOR ESPAILLAT: So this is an
4 unfunded mandate, then. We're asking the City of
5 New York to implement this very worthy program,
6 but at the same time we're asking the state to
7 chip into it and we have not, at least not in the
8 budget process, allocated any funding for this
9 particular program. Is that correct?
10 SENATOR YOUNG: Through you,
11 Mr. President. Respectfully, I disagree with my
12 colleague who says it's an unfunded mandate
13 because, as I previously said, this would be a
14 local opt-in. The city would have to decide to
15 go ahead with this program, and then the state
16 would be responsible for passing the 10 percent
17 in the upcoming budget process for next year.
18 SENATOR ESPAILLAT: Through you,
19 Mr. President, will the sponsor yield?
20 SENATOR YOUNG: Yes.
21 ACTING PRESIDENT MARTINS: The
22 sponsor yields.
23 SENATOR ESPAILLAT: There are other
24 municipalities, other cities that will be
25 eligible for it in the counties of Westchester,
2810
1 Nassau and Rockland. Have we received any memos
2 of support from those cities?
3 SENATOR YOUNG: Thank you.
4 That would be local option. It's my
5 understanding that those areas that the Senator
6 just mentioned do not have any similar programs
7 to this that do a rent increase exemption. But
8 certainly if they wanted to do them, they should
9 approach state government and local governments
10 and see if there's something that could be worked
11 out.
12 But again, I'd like to stress this
13 is helping people who are struggling to pay their
14 bills. They cannot afford their rents,
15 households earning $50,000 or less per year and
16 paying more than 50 percent of their income
17 toward their rents.
18 I think this is a great program.
19 I'm sure that Senator Espaillat and his
20 colleagues have been supportive of the SCRIE and
21 DRIE programs; I've heard that in the past. And
22 again, this is almost an exact replication of
23 those programs, but it's really meant to help
24 tenants who are having a very tough time.
25 SENATOR ESPAILLAT: One final
2811
1 question, through you, Mr. President, if the
2 sponsor will yield.
3 SENATOR YOUNG: Yes, Mr. President.
4 ACTING PRESIDENT MARTINS: Thank
5 you, Senator Espaillat. The sponsor does yield.
6 SENATOR ESPAILLAT: Are there any
7 estimates on how much it will cost to administer
8 this particular program, both by the City of
9 New York and other cities that will benefit from
10 it?
11 SENATOR YOUNG: You know, I
12 don't -- through you, Mr. President, there have
13 been no estimates of the cost.
14 However, I will point out that the
15 New York City Department of Finance currently
16 administers the SCRIE and the DRIE programs. I
17 have a guidelines book right here, a guide for
18 tenants that gives all the parameters. They're
19 set up to do this already. There's an
20 application process that they would have to go
21 through.
22 But it's my understanding that
23 because these types of programs already exist,
24 they're set up to handle them, that I have every
25 confidence in the world that the New York City
2812
1 Department of Finance would be able to handle
2 this program.
3 ACTING PRESIDENT MARTINS: Senator
4 Espaillat.
5 SENATOR ESPAILLAT: On the bill,
6 Mr. President.
7 ACTING PRESIDENT MARTINS: On the
8 bill.
9 SENATOR ESPAILLAT: Yes, this is a
10 bill that proposes to implement a program similar
11 to the SCRIE and the DRIE program, which are
12 themselves meritorious in what they try to
13 achieve.
14 But we still feel that this program
15 has not gotten full support from the City of
16 New York, that in fact the City of New York has
17 not produced a memo of support for this bill,
18 that the other municipalities that will benefit
19 from this particular program have also not
20 submitted a memo of support, that we are still
21 not fully sure on how much it will cost to
22 administer this program, and that the state would
23 also have to chip into it.
24 Nevertheless, it is a meritorious
25 program, and I will be voting in support of it.
2813
1 But let me warn my colleagues, the real issue
2 before this house is rent regulations that will
3 impact 1.5 million units of rent-regulated
4 apartments in the City of New York. They're
5 still before us.
6 I would hate to think that this is a
7 gimmick, because it is a one-house bill, to
8 sidetrack us from our goals to ensure that over
9 2.5 million tenants get a rent-regulation bill
10 that strengthens their rights and privileges in
11 the City of New York, a city that is being ripped
12 apart by high rents and a high cost of living.
13 So I will be voting in support of
14 this bill, knowing that it is a one-house bill,
15 that there are still some question marks to be
16 answered, that the City of New York has not
17 weighed in to this debate, and knowing that down
18 the road in the next few weeks, we will have to
19 take up what is really the important issue of
20 housing in the City of New York, which is the
21 extension of rent regulations by this legislative
22 body.
23 So I will be voting in support of
24 it, but I look forward to having a robust debate
25 on the rent laws to ensure that 2.5 million
2814
1 New Yorkers get their day here in the Senate
2 chamber.
3 Thank you, Mr. President.
4 ACTING PRESIDENT MARTINS: Thank
5 you, Senator Espaillat.
6 Senator Stavisky.
7 SENATOR STAVISKY: Yes, will the
8 sponsor yield for one question?
9 SENATOR YOUNG: Yes, Mr. President.
10 ACTING PRESIDENT MARTINS: The
11 sponsor yields.
12 SENATOR STAVISKY: Is there a
13 home-rule message from the City of New York?
14 SENATOR YOUNG: No, Mr. President,
15 through you, there is no home-rule message.
16 As I pointed out earlier, that I met
17 with members from New York City government just
18 this past week. They seemed to be very
19 interested in the legislation. And they are
20 taking a look at it, they're evaluating it right
21 now.
22 But certainly they're very
23 supportive of the SCRIE and the DRIE programs,
24 and they feel that a program such as this could
25 possibly replicate the same popular results with
2815
1 the tenants.
2 SENATOR STAVISKY: Thank you.
3 SENATOR YOUNG: Thank you.
4 ACTING PRESIDENT MARTINS: Senator
5 Lanza.
6 SENATOR LANZA: Mr. President, on
7 consent, the bill is restored to the
8 noncontroversial calendar.
9 Please call the roll.
10 ACTING PRESIDENT MARTINS: On
11 consent, the bill is restored to the
12 noncontroversial calendar.
13 Read the last section.
14 THE SECRETARY: Section 8. This
15 act shall take effect July 1, 2015.
16 ACTING PRESIDENT MARTINS: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT MARTINS: The bill
21 is passed.
22 Senator Lanza, that completes the
23 controversial reading of today's calendar.
24 SENATOR LANZA: Mr. President, is
25 there any further business before the desk?
2816
1 ACTING PRESIDENT MARTINS: There is
2 no further business before the desk.
3 SENATOR LANZA: Mr. President, I
4 move that we adjourn the Senate until Wednesday,
5 May 27th, at 3:00 p.m., intervening days being
6 legislative days.
7 ACTING PRESIDENT MARTINS: On
8 motion, the Senate stands adjourned until
9 Wednesday, May 27th, at 3:00 p.m., intervening
10 days being legislative days.
11 (Whereupon, at 12:40 p.m., the
12 Senate adjourned.)
13
14
15
16
17
18
19
20
21
22
23
24
25