Regular Session - June 15, 2015
3861
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 15, 2015
11 2:49 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR THOMAS F. O'MARA, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
3862
1 P R O C E E D I N G S
2 ACTING PRESIDENT O'MARA: The
3 Senate will come to order.
4 I ask that everyone please rise and
5 join with me in reciting the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT O'MARA: In the
10 absence of clergy today, may we please bow our
11 heads in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT O'MARA: Can we
15 have the reading of the Journal.
16 THE SECRETARY: In Senate, Sunday,
17 June 14th, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 June 13th, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT O'MARA: Without
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 The Secretary will read.
3863
1 THE SECRETARY: On page 11,
2 Senator Seward moves to discharge, from the
3 Committee on Insurance, Assembly Bill Number
4 6131A and substitute it for the identical Senate
5 Bill Number 3513A, Third Reading Calendar 323.
6 On page 12, Senator Golden moves to
7 discharge, from the Committee on Local
8 Government, Assembly Bill Number 5057A and
9 substitute it for the identical Senate Bill
10 Number 4081A, Third Reading Calendar 325.
11 On page 15, Senator Bonacic moves
12 to discharge, from the Committee on Cities,
13 Assembly Bill Number 5619 and substitute it for
14 the identical Senate Bill Number 4252, Third
15 Reading Calendar 418.
16 On page 16, Senator Funke moves to
17 discharge, from the Committee on Elections,
18 Assembly Bill Number 3601 and substitute it for
19 the identical Senate Bill Number 4329, Third
20 Reading Calendar 437.
21 On page 19, Senator Croci moves to
22 discharge, from the Committee on Transportation,
23 Assembly Bill Number 5519C and substitute it for
24 the identical Senate Bill Number 4278C, Third
25 Reading Calendar 524.
3864
1 On page 21, Senator Bonacic moves
2 to discharge, from the Committee on Judiciary,
3 Assembly Bill Number 6024A and substitute it for
4 the identical Senate Bill Number 5160, Third
5 Reading Calendar 588.
6 On page 22, Senator Bonacic moves
7 to discharge, from the Committee on Judiciary,
8 Assembly Bill Number 6265 and substitute it for
9 the identical Senate Bill Number 5188, Third
10 Reading Calendar 589.
11 On page 22, Senator Bonacic moves
12 to discharge, from the Committee on Judiciary,
13 Assembly Bill Number 7221 and substitute it for
14 the identical Senate Bill Number 5190, Third
15 Reading Calendar 591.
16 On page 22, Senator Bonacic moves
17 to discharge, from the Committee on Judiciary,
18 Assembly Bill Number 6263 and substitute it for
19 the identical Senate Bill Number 5191, Third
20 Reading Calendar 592.
21 On page 22, Senator LaValle moves
22 to discharge, from the Committee on Higher
23 Education, Assembly Bill Number 6969 and
24 substitute it for the identical Senate Bill
25 Number 5158, Third Reading Calendar 604.
3865
1 On page 26, Senator Martins moves to
2 discharge, from the Committee on Labor, Assembly
3 Bill Number 7721 and substitute it for the
4 identical Senate Bill Number 5130, Third Reading
5 Calendar 683.
6 On page 28, Senator Ranzenhofer
7 moves to discharge, from the Committee on
8 Investigations and Government Operations,
9 Assembly Bill Number 114 and substitute it for
10 the identical Senate Bill Number 1531, Third
11 Reading Calendar 743.
12 On page 36, Senator Little moves to
13 discharge, from the Committee on Investigations
14 and Government Operations, Assembly Bill Number
15 7256 and substitute it for the identical Senate
16 Bill Number 4869, Third Reading Calendar 934.
17 On page 36, Senator Farley moves to
18 discharge, from the Committee on Investigations
19 and Government Operations, Assembly Bill Number
20 7520 and substitute it for the identical Senate
21 Bill Number 5352, Third Reading Calendar 935.
22 On page 37, Senator Nozzolio moves
23 to discharge, from the Committee on Codes,
24 Assembly Bill Number 7319 and substitute it for
25 the identical Senate Bill Number 5640, Third
3866
1 Reading Calendar 953.
2 On page 40, Senator Hannon moves to
3 discharge, from the Committee on Health,
4 Assembly Bill Number 2150 and substitute it for
5 the identical Senate Bill Number 1153, Third
6 Reading Calendar 1052.
7 On page 40, Senator Lanza moves to
8 discharge, from the Committee on Health,
9 Assembly Bill Number 134 and substitute it for
10 the identical Senate Bill Number 3483, Third
11 Reading Calendar 1055.
12 On page 41, Senator Hannon moves to
13 discharge, from the Committee on Health,
14 Assembly Bill Number 7202A and substitute it for
15 the identical Senate Bill Number 5183,
16 Third Reading Calendar 1064.
17 On page 48, Senator LaValle moves to
18 discharge, from the Committee on Environmental
19 Conservation, Assembly Bill Number 7633 and
20 substitute it for the identical Senate Bill
21 Number 5645, Third Reading Calendar 1202.
22 On page 51, Senator Marchione moves
23 to discharge, from the Committee on Local
24 Government, Assembly Bill Number 2439B and
25 substitute it for the identical Senate Bill
3867
1 Number 5547, Third Reading Calendar 1252.
2 On page 53, Senator Nozzolio moves
3 to discharge, from the Committee on Codes,
4 Assembly Bill Number 6222 and substitute it for
5 the identical Senate Bill Number 5173,
6 Third Reading Calendar 1310.
7 On page 54, Senator Bonacic moves to
8 discharge, from the Committee on Mental Health,
9 Assembly Bill Number 6529 and substitute it for
10 the identical Senate Bill Number 5260, Third
11 Reading Calendar 1316.
12 On page 54, Senator Hannon moves to
13 discharge, from the Committee on Mental Health,
14 Assembly Bill Number 7596 and substitute it for
15 the identical Senate Bill Number 5482, Third
16 Reading Calendar 1324.
17 And on page 55, Senator Savino moves
18 to discharge, from the Committee on Banks,
19 Assembly Bill Number 7466 and substitute it for
20 the identical Senate Bill Number 5408,
21 Third Reading Calendar 1331.
22 ACTING PRESIDENT O'MARA: The
23 substitutions are so ordered.
24 Messages from the Governor.
25 Reports of standing committees.
3868
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO:
7 Mr. President, I have a handful.
8 First I'd like to call up Print
9 Number 4467B, recalled from the Assembly, which
10 is now at the desk. It's a Senator Griffo bill.
11 ACTING PRESIDENT O'MARA: The
12 Secretary will read the title of the bill.
13 THE SECRETARY: Calendar Number
14 724, by Senator Griffo, Senate Print 4467B, an
15 act to amend the Education Law.
16 ACTING PRESIDENT O'MARA: Call the
17 roll on reconsideration.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 56.
20 SENATOR DeFRANCISCO: I now move to
21 reconsider the vote by which this bill was
22 passed. You already did that?
23 ACTING PRESIDENT O'MARA: We
24 already did that.
25 (Laughter.)
3869
1 ACTING PRESIDENT O'MARA: I jumped
2 ahead of you, Senator.
3 SENATOR DeFRANCISCO: You jumped
4 ahead?
5 ACTING PRESIDENT O'MARA: Yes, I
6 did.
7 SENATOR DeFRANCISCO: That's good,
8 because we've got to move along.
9 ACTING PRESIDENT O'MARA: Yes.
10 (Laughter.)
11 SENATOR DeFRANCISCO: I now offer
12 the following amendments.
13 Okay, I also have Senator
14 Marchione's bill, Print Number --
15 ACTING PRESIDENT O'MARA: We now --
16 Senator -- Senator, the last amendments are
17 received. The bill retains its place on the
18 Third Reading Calendar.
19 SENATOR DeFRANCISCO: Did I jump
20 ahead of you?
21 ACTING PRESIDENT O'MARA: Yes, you
22 did.
23 (Laughter.)
24 SENATOR DeFRANCISCO: Okay. I wish
25 to recall Senator Marchione's bill, Print Number
3870
1 1195, recalled from the Assembly, which is now at
2 the desk.
3 ACTING PRESIDENT O'MARA: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 342, by Senator Marchione, Senate Print 1195, an
7 act to amend the Environmental Conservation Law.
8 SENATOR DeFRANCISCO: I now move to
9 reconsider the vote by which this bill was
10 passed.
11 ACTING PRESIDENT O'MARA: Call the
12 roll on reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT O'MARA: The bill
16 is restored to its place on the Third Reading
17 Calendar.
18 SENATOR DeFRANCISCO: I now offer
19 the following amendments.
20 ACTING PRESIDENT O'MARA: The
21 amendments are received.
22 SENATOR DeFRANCISCO: Next I wish
23 to call up Senator Lanza's bill, Print Number
24 3342, recalled from the Assembly, which is now at
25 the desk.
3871
1 ACTING PRESIDENT O'MARA: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 242, by Senator Lanza, Senate Print 3342, an act
5 to amend the Public Housing Law.
6 SENATOR DeFRANCISCO: I now move to
7 reconsider the vote by which this bill was
8 passed.
9 ACTING PRESIDENT O'MARA: Call the
10 roll on reconsideration.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 57.
13 SENATOR DeFRANCISCO: I now offer
14 the following amendments.
15 ACTING PRESIDENT O'MARA: The
16 amendments are received, and the bill retains its
17 place on the Third Reading Calendar.
18 SENATOR DeFRANCISCO: On page 17, I
19 offer the following amendments to Calendar Number
20 456, Senator Griffo's bill, Senate Print Number
21 3613, and ask that said bill retain its place on
22 the Third Reading Calendar.
23 ACTING PRESIDENT O'MARA: The
24 amendments are received, and the bill shall
25 retain its place on the Third Reading Calendar.
3872
1 SENATOR DeFRANCISCO: I move to
2 amend Senate Bill Number 5196B, Senator
3 Ranzenhofer's bill, by striking out the
4 amendments made on June 11 and restoring it to
5 its previous print number, 5196A.
6 ACTING PRESIDENT O'MARA: So
7 ordered.
8 SENATOR DeFRANCISCO: On page 26, I
9 I offer the following amendments to Senator
10 Boyle's bill, Calendar 680, Senate Print Number
11 613, and ask that said bill retain its place on
12 the Third Reading Calendar.
13 ACTING PRESIDENT O'MARA: The
14 amendments are received, and the bill shall
15 retain its place on the Third Reading Calendar.
16 SENATOR DeFRANCISCO: On page 34, I
17 offer the following amendments to Senator Funke's
18 bill, Calendar Number 913, Senate Print Number
19 3450B, and ask that said bill retain its place on
20 the Third Reading Calendar.
21 ACTING PRESIDENT O'MARA: The
22 amendments are received, and the bill shall
23 retain its place on the Third Reading Calendar.
24 SENATOR DeFRANCISCO: On page 57, I
25 offer the following amendments to Senator
3873
1 Ranzenhofer's bill, Calendar Number 1404, Senate
2 Print Number 4312A, and ask that said bill retain
3 its place on the Third Reading Calendar.
4 ACTING PRESIDENT O'MARA: The
5 amendments are received, and the bill shall
6 retain its place on the Third Reading Calendar.
7 SENATOR DeFRANCISCO: On page 38, I
8 offer the following amendments to Senator
9 Marcellino's bill, Calendar 1026, Senate Print
10 Number 5452A, and ask that said bill retain its
11 place on the Third Reading Calendar.
12 ACTING PRESIDENT O'MARA: The
13 amendments are received, and the bill shall
14 retain its place on the Third Reading Calendar.
15 SENATOR DeFRANCISCO: On page 49, I
16 offer the following amendments to Senator Young's
17 bill, Calendar 1219, Senate Print Number 3509A,
18 and ask that said bill retain its place on the
19 Third Reading Calendar.
20 ACTING PRESIDENT O'MARA: The
21 amendments are received, and the bill shall
22 retain its place on the Third Reading Calendar.
23 SENATOR DeFRANCISCO: On page 32, I
24 offer the following amendments to Senator
25 Larkin's bill, Calendar 855, Senate Print Number
3874
1 3951A, and ask that said bill retain its place on
2 the Third Reading Calendar.
3 ACTING PRESIDENT O'MARA: The
4 amendments are received --
5 (Interruption from gallery.)
6 ACTING PRESIDENT O'MARA:
7 (Gaveling.)
8 (Continued interruption.)
9 ACTING PRESIDENT O'MARA: Senator
10 DeFrancisco, those amendments are received and
11 the bill shall retain its place on the Third
12 Reading Calendar.
13 SENATOR DeFRANCISCO: The last one
14 I have, on page 49 I offer the following
15 amendments to Senator Murphy's bill, Calendar
16 Number 1220, Senate Print Number 4178, and ask
17 that said bill retain its place on the Third
18 Reading Calendar.
19 ACTING PRESIDENT O'MARA: The
20 amendments are received, and the bill shall
21 retain its place on the Third Reading Calendar.
22 SENATOR DeFRANCISCO: If we can now
23 take up a resolution that was previously adopted,
24 Number 2467, by Senator Serino, read the title
25 only, and then recognize Senator Serino, please.
3875
1 ACTING PRESIDENT O'MARA: The
2 Secretary will read.
3 THE SECRETARY: Legislative
4 Resolution 2467, by Senator Serino, memorializing
5 Governor Andrew M. Cuomo to proclaim June 15,
6 2015, as Elder Abuse Awareness Day in the State
7 of New York.
8 ACTING PRESIDENT O'MARA: Senator
9 Serino on the resolution.
10 SENATOR SERINO: Thank you,
11 Mr. President.
12 I just want to take a minute to
13 thank my colleagues for recognizing the
14 importance of World Elder Abuse Day.
15 I have to tell you, before becoming
16 the Aging chair, like so many in our communities
17 I had no idea just how serious the elder abuse
18 epidemic truly is. In fact, I have some
19 statistics.
20 Nearly 5 million cases of elder
21 abuse occur each year in the U.S., but
22 researchers estimate that 85 percent of those
23 incidents go unreported. Financial abuse alone
24 costs older Americans over $2.6 billion each
25 year. Data on elder abuse suggests that only
3876
1 around one in 14 incidents come to the attention
2 of authorities, and a major part of that is
3 because too often the abusers are family,
4 friends, caregivers and neighbors.
5 These statistics are staggering and
6 heart-wrenching. Our seniors have spent their
7 lives building and shaping the state we know and
8 love today. And frankly, the thought of someone
9 ruthlessly taking advantage of them when they're
10 at their most vulnerable is enraging.
11 As the Aging chair, I am constantly
12 working on legislative solutions to the problem,
13 and I know that we are going to pass a few bills
14 today that will go a long way in curbing abuse.
15 However, one of my main goals is to raise
16 awareness for the issue, because I sincerely
17 believe that the key to combating elder abuse is
18 education and prevention.
19 I thank all of you today for making
20 this issue a priority and for taking this time to
21 pause and reflect on its importance. Our seniors
22 play an invaluable role in the fabric of our
23 society, and we have a responsibility to ensure
24 that they live out their lives, and enjoy the
25 communities that they have built, safe from
3877
1 abuse.
2 Thank you.
3 ACTING PRESIDENT O'MARA: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO: All right, if
6 we can now take up previously adopted Resolution
7 2817, by Senator Klein, read the title only, and
8 then recognize Senator Klein. Actually --
9 ACTING PRESIDENT O'MARA: I think
10 there's two titles to read, Senator.
11 SENATOR DeFRANCISCO: Yes, actually
12 there's two resolutions. The other one is -- if
13 you'd please also take up Resolution 2807, also
14 by Senator Klein, 2807, read the title only, and
15 then recognize Senator Klein.
16 Thank you.
17 ACTING PRESIDENT O'MARA: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 2817, by Senator Klein,
21 commemorating the 3rd Annual Bronx Day in Albany
22 celebration.
23 And Legislative Resolution Number
24 2807, by Senator Klein, honoring Detective Victor
25 DiPierro upon the occasion of his retirement
3878
1 after 20 years of dedicated service to the
2 49th Precinct New York City Police Department.
3 ACTING PRESIDENT O'MARA: Senator
4 Klein on the resolutions.
5 SENATOR KLEIN: Thank you,
6 Mr. President.
7 I will combine both Bronx Day and
8 the resolution on Vic DiPierro, because I think
9 really they're one and the same.
10 Today is the third annual Albany
11 Bronx Day. We had a luncheon today. We have a
12 Taste of the Bronx event this evening, which
13 everyone is welcome to. And it really is our way
14 of showing that there is a new Bronx, a
15 completely different Bronx.
16 And today we highlighted some of our
17 small businesses, our Chamber of Commerce, and
18 all of the activity that's taking place in our
19 county.
20 You know, I think one of the reasons
21 why the Bronx is once again successful is that
22 while everyone talks about diversity, the Bronx
23 has proved it day after day, year after year.
24 It's still people coming to the Bronx for the
25 very same reason why my grandfather, who came
3879
1 here from Hungary, came to the Bronx, opened up a
2 small kosher butcher shop on Westchester and
3 Manor Avenue, with the American dream that not
4 only are you going to do better in America and
5 the Bronx, but your family is going to do better
6 as well.
7 That still holds true today. While
8 we have different ethnic and religious groups
9 coming to the Bronx, they all come here with the
10 same reason, for a better life. And they have
11 really rejuvenated the Bronx in so many ways.
12 We have major shopping malls being
13 built all over the Bronx. We of course have the
14 Bronx Zoo, Yankee Stadium, and the Botanical
15 Gardens, but now we have the first ever Trump
16 Golf Course in the Bronx. So that's a real
17 statement that this certainly is the new Bronx.
18 At the same time, unfortunately,
19 we're saying farewell in the Bronx, in the
20 49th Precinct, my home precinct, to someone who
21 is very special not only to the 49th Precinct but
22 to the Bronx as a whole. Victor DiPierro, who is
23 the community affairs officer in the
24 49th Precinct, is retiring after 20 years of
25 dedicated service.
3880
1 You know, we all talk about
2 community-police relations, you know, how we can
3 have the community have input on what the police
4 do. Well, Vic DiPierro has lived that his entire
5 career. You know, before becoming a police
6 officer he lived in the Bronx, lived in the
7 Pelham Bay community his entire life. His
8 parents lived in the building as well. As a
9 matter of fact, I happened to be at the building
10 for a tenant meeting just the other night,
11 1950 Hutchinson River Parkway in the Pelham Bay
12 section of the Bronx.
13 And I think in the Pelham Bay
14 community, Victor learned some very important
15 lessons. He learned how to respect the
16 community, how to respect family.
17 And when we talk about, again, what
18 do we do about police-community relations,
19 everyone always talks very fondly about the old
20 cop on the beat. You know, the cop that walks up
21 and down the local commercial strip, walks down
22 or rides down residential communities. Well,
23 Victor DiPierro has done that his entire 20 years
24 with the NYPD. He knows everyone on the block.
25 He knows all the merchants. He knows all the
3881
1 kids. If someone is acting up, he'll call the
2 family and explain what their kid did he know in
3 Loreto Park at 11 o'clock on a Saturday night.
4 He also understands how to deal with
5 serious crimes -- drug problems in certain areas,
6 gang violence. You know, he really runs the
7 gamut and stands tall as what an NYPD officer
8 should really be. And he's somebody who I think
9 really epitomizes what we need more of,
10 especially in law enforcement in New York City.
11 You can also see Victor, you know,
12 on a Saturday morning, not on duty, in jeans,
13 painting graffiti from walls. That's always
14 been, you know, one of his passions. And he got
15 tired of always cleaning the graffiti, as you
16 know, and then it comes back again.
17 So the two of us put together a
18 court watcher program, where we actually made
19 sure that people from the community were there in
20 court when you had a chronic graffiti offender
21 defacing public property actually got some jail
22 time. And we were very successful in sending a
23 message in our community that this crime, and it
24 is a crime, won't be tolerated.
25 So I know I'm going to miss Victor,
3882
1 because I'm going to miss his presence. You see
2 him anytime, you know, on his bike or on his
3 scooter or in a patrol car, because he really was
4 the eyes and ears of his community.
5 I wish he could spend more time with
6 us in the community, but 20 years with the NYPD
7 is long and dedicated service. I'm sure he
8 deserves a rest. But I'm sure, knowing Victor,
9 he'll still be around on Saturday mornings, with
10 his jeans, painting graffiti in the community.
11 So again, I hope everyone will
12 recognize Victor. Because when we recognize
13 Victor today, we're sending a message that we
14 belief in law enforcement and we believe in the
15 type of law enforcement that Victor represents.
16 Thank you for your service, Victor
17 DiPierro.
18 (Standing ovation.)
19 ACTING PRESIDENT O'MARA: Senator
20 Serrano on the resolution.
21 SENATOR SERRANO: Thank you very
22 much, Mr. President.
23 And I'd like to thank Senator Klein
24 for this Bronx Day resolution. It's so
25 significant when you consider the meteoric rise
3883
1 that the Bronx has seen in the last number of
2 years.
3 But this is a place that Senator
4 Klein and I have always called home. It's been
5 such a historic, beautiful place to live and for
6 me and my wife to raise our two children.
7 The Bronx boasts some of the most
8 incredible historic and cultural attractions, has
9 many great sporting facilities, including Yankee
10 Stadium in my district, has some of the most
11 impressive old-growth forest parks anywhere in
12 the Northeast and some of the most prestigious
13 colleges and places of higher learning.
14 And I really challenge everyone to
15 sort of reimagine the Bronx. Reimagine it in
16 a way that is actually much more truthful to the
17 current state and to the way that frankly, in my
18 eyes, it's always been. It's always been a
19 wonderful place.
20 But I think that having a Bronx Day
21 celebration like we're having today in Albany
22 helps people to further understand the strides
23 that have been made, the growth that has happened
24 there, and the changes that have gone on to make
25 the Bronx an even greater place to live and raise
3884
1 a family.
2 So I congratulate Senator Klein on
3 this resolution.
4 ACTING PRESIDENT O'MARA: Senator
5 Rivera on the resolution.
6 SENATOR RIVERA: Thank you,
7 Mr. President.
8 I also want to thank Senator Klein
9 not only for bringing the resolution regarding
10 Bronx Day, but for bringing Vic to us today. It
11 was a very pleasant surprise. I did not know
12 that this gentleman was going to be among us.
13 I remember just a few weeks ago
14 there was a celebration of one of the -- the 49th
15 Precinct Council breakfast, which is one of the
16 most well-attended community council breakfasts
17 in the Bronx. I have the privilege, because of
18 the way my district is drawn, I represent many
19 precincts across the Bronx.
20 And with Vic, I'm very happy to see
21 him. Number one, I can't believe -- and I'm glad
22 that you stood up and have people see you,
23 because I still can't believe that you have
24 served in the police department for 20 years.
25 You must started when you were 12 or something
3885
1 like that, because you still look fantastic.
2 And what Senator Klein said is
3 absolutely on the money. When we're talking
4 about police-community relations, this is a
5 gentleman that defines that, whose every action
6 that he takes, you know that he is somebody that
7 takes his job very seriously, understands that to
8 have safe communities you must have a close
9 relation between the community and the police
10 precinct, and demonstrates through his actions
11 that there are times when, if we work along with
12 the police department, communities can be safe.
13 So I stand with Senator Klein, thank
14 him again for bringing this resolution here,
15 thank Vic for coming up here.
16 And I'm going to ask him one more
17 time to stand up so people can look at him and be
18 like, he really spent 20 years in the police
19 department? I don't believe it, but thank you
20 for your service, sir, and I applaud you again.
21 Thank you, Mr. President.
22 (Applause.)
23 ACTING PRESIDENT O'MARA: Senator
24 Hamilton on the resolution.
25 SENATOR HAMILTON: Yes, I just want
3886
1 to thank Senator Klein for introducing this
2 resolution.
3 I grew up in the Bronx, I grew up in
4 the South Bronx, it's my first home that I love
5 dearly. And my family still lives in the Bronx.
6 So we always say we're going from B to B, from
7 the Bronx to Brooklyn.
8 And I just want to commend the
9 officer for his due diligence and work to our
10 great city, and putting his life on the line. I
11 was also a graduate of the Civilian Police
12 Academy. And going through that process, I
13 really appreciate the work of police officers,
14 that they put their lives on the line for us
15 every day, day in and day out. And a lot of
16 times I wish we put more money into mental
17 health, because a lot of the people that you have
18 to deal with have mental health issues.
19 And thank you, thank God that we
20 have you on our side.
21 So I just want to say "Viva La
22 Bronx," my home away from home. And to my alma
23 mater, Cardinal Hayes High School, that made me
24 who I am today -- Senator Serrano and myself are
25 all graduates of Cardinal Hayes High School, a
3887
1 good parochial education. And I think back then
2 they did have the paddle at the school.
3 So I just want to say thank you,
4 Senator Klein, for introducing this resolution.
5 You're doing great things in the Bronx. The
6 Bronx has come a long way. It is now the beacon
7 of urban development as far as Yankee Stadium, as
8 far as the hotels being built, new construction,
9 City Island.
10 And I just want to say to the Bronx
11 borough president, the real Bronx borough
12 president, Senator Díaz --
13 (Laughter.)
14 SENATOR HAMILTON: -- and his son,
15 and also congratulate Mr. Díaz for being the
16 father or the grandfather of Bronx politics and
17 making the Bronx what it is today, for your
18 leadership in the clergy, your leadership in
19 politics. You know, we bless you for making the
20 Bronx what it is today. And one day there should
21 be a statue of you in the Bronx, of Ruben Díaz,
22 Sr.
23 Thank you very much.
24 ACTING PRESIDENT O'MARA: Is that
25 statue with or without his hat on?
3888
1 (Laughter.)
2 ACTING PRESIDENT O'MARA: Thank
3 you, Senator.
4 And thank you, Detective DiPierro,
5 for being with us here today in the Senate. We
6 welcome you and we thank you for your service of
7 20 years to the NYPD and to the 49th Precinct.
8 Thank you very much.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: Yes, I'd like
11 to hand up committee assignments. And I see that
12 you have them and they are received.
13 ACTING PRESIDENT O'MARA: The
14 assignments are received.
15 SENATOR DeFRANCISCO: Okay, at this
16 point I'd like to --
17 ACTING PRESIDENT O'MARA: And filed
18 with the Journal Clerk.
19 SENATOR DeFRANCISCO: Okay. I'd
20 like to at this time call a Rules Committee
21 meeting, immediate Rules Committee meeting in
22 Room 332.
23 ACTING PRESIDENT O'MARA: The Rules
24 Committee will meet immediately in Room 332.
25 SENATOR DeFRANCISCO: And we'll
3889
1 stand at ease.
2 ACTING PRESIDENT O'MARA: The
3 Senate will stand at ease.
4 SENATOR DeFRANCISCO: Or sit at
5 ease, whatever you prefer.
6 (Whereupon, the Senate stood at ease
7 at 3:17 p.m.)
8 (Whereupon, the Senate reconvened at
9 3:52 p.m.)
10 SENATOR DeFRANCISCO:
11 Mr. President, the Rules Committee meeting is
12 over. As they're starting to come back, I'd like
13 to call an immediate meeting of the Health
14 Committee in Room 332, to take up a nomination.
15 ACTING PRESIDENT O'MARA: There
16 will be an immediate meeting of the Health
17 Committee in Room 332.
18 SENATOR DeFRANCISCO: Before we
19 stand at ease, can we go to motions and
20 resolutions.
21 ACTING PRESIDENT O'MARA: Motions
22 and resolutions.
23 SENATOR DeFRANCISCO: On page 58, I
24 offer the following amendments to Calendar Number
25 1411, Senate Print Number 4784B, by Senator
3890
1 Young, and ask that the bill retain its place on
2 the Third Reading Calendar.
3 ACTING PRESIDENT O'MARA: The
4 amendments are received, and the bill will retain
5 its place on the Third Reading Calendar.
6 SENATOR DeFRANCISCO: Would you
7 please recognize Senator Serrano.
8 ACTING PRESIDENT O'MARA: Senator
9 Serrano.
10 SENATOR SERRANO: Thank you,
11 Mr. President.
12 I move that the following bill be
13 discharged from its respective committee and be
14 recommitted with instructions to strike the
15 enacting clause: Senate Bill 5889, by Senator
16 Addabbo.
17 ACTING PRESIDENT O'MARA: So
18 ordered.
19 SENATOR DeFRANCISCO: Now may we
20 stand at ease.
21 ACTING PRESIDENT O'MARA: The
22 Senate will return to ease.
23 (Whereupon, the Senate stood at ease
24 at 3:54 p.m.)
25 (Whereupon, the Senate reconvened at
3891
1 4:23 p.m.)
2 ACTING PRESIDENT O'MARA: The
3 Senate will come to order.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO:
6 Mr. President, I understand there is a report
7 from the Rules Committee at the desk.
8 ACTING PRESIDENT O'MARA: There is
9 a report at the desk.
10 The Secretary will read.
11 THE SECRETARY: Senator Flanagan,
12 from the Committee on Rules, reports the
13 following bills:
14 Senate Print 248B, by Senator
15 Martins, an act to amend the Education Law;
16 Senate 979B, by Senator Montgomery,
17 an act to amend the Correction Law;
18 Senate 1149B, by Senator O'Mara, an
19 act to amend the Social Services Law;
20 Senate 1631, by Senator Bonacic, an
21 act to amend the General Municipal Law;
22 Senate 1983, by Senator Young, an
23 act to amend the Social Services Law;
24 Senate 2418, by Senator Perkins, an
25 act to amend the Penal Law;
3892
1 Senate 2484A, by Senator Gianaris,
2 an act to amend the Penal Law;
3 Senate 2631, by Senator Dilan, an
4 act to authorize;
5 Senate 2656, by Senator Parker, an
6 act to amend the Economic Development Law;
7 Senate 2691, by Senator Golden, an
8 act to amend the Social Services Law;
9 Senate 2925, by Senator DeFrancisco,
10 an act to amend the General Obligations Law;
11 Senate 3106, by Senator Ritchie, an
12 act to amend the Environmental Conservation Law;
13 Senate 3440A, by Senator Young, an
14 act to amend the Agriculture and Markets Law;
15 Senate 3481B, by Senator Lanza, an
16 act to restrict;
17 Senate 3528, by Senator Kennedy, an
18 act in relation to authorizing;
19 Senate 3776, by Senator Sanders, an
20 act to amend the Education Law;
21 Senate 4051A, by Senator Lanza, an
22 act to amend the Education Law;
23 Senate 4523A, by Senator Ortt, an
24 act to amend the Executive Law;
25 Senate 4627A, by Senator Lanza, an
3893
1 act to amend the Real Property Tax Law;
2 Senate 4739A, by Senator Hannon, an
3 act to amend the Education Law;
4 Senate 4742, by Senator Funke, an
5 act to amend the Education Law;
6 Senate 4782, by Senator Martins, an
7 act to amend Chapter 435 of the Laws of 2011;
8 Senate 4856, by Senator Croci, an
9 act to amend the State Finance Law;
10 Senate 4882, by Senator Ortt, an act
11 to amend the General Business Law;
12 Senate 4897, by Senator
13 Stewart-Cousins, an act to amend the Public
14 Authorities Law;
15 Senate 4900A, by Senator Seward, an
16 act to amend the Penal Law;
17 Senate 4911A, by Senator Venditto,
18 an act to amend the Education Law;
19 Senate 4920A, by Senator Farley, an
20 act to amend the Religious Corporations Law;
21 Senate 4934, by Senator Ranzenhofer,
22 an act to amend the Racing, Pari-Mutuel Wagering
23 and Breeding Law;
24 Senate 4935A, by Senator
25 Ranzenhofer, an act to amend the Public Health
3894
1 Law;
2 Senate 4946, by Senator Comrie, an
3 act to amend the Tax Law;
4 Senate 4980, by Senator Murphy, an
5 act to authorize;
6 Senate 5018A, by Senator Felder, an
7 act to amend the Family Court Act;
8 Senate 5036, by Senator Felder, an
9 act to amend the Education Law;
10 Senate 5062A, by Senator Seward, an
11 act to authorize;
12 Senate 5063A, by Senator Seward, an
13 act to authorize;
14 Senate 5078, by Senator Murphy, an
15 act to amend the Environmental Conservation Law;
16 Senate 5086, by Senator Griffo, an
17 act to amend the Public Health Law;
18 Senate 5091, by Senator Ritchie, an
19 act to amend the Social Services Law;
20 Senate 5179C, by Senator Skelos, an
21 act to authorize;
22 Senate 5181B, by Senator Nozzolio,
23 an act to amend the Environmental Conservation
24 Law;
25 Senate 5258A, by Senator Felder, an
3895
1 act to amend the Family Court Act;
2 Senate 5270, by Senator Little, an
3 act to amend the Mental Hygiene Law;
4 Senate 5283A, by Senator Martins, an
5 act to amend the State Finance Law;
6 Senate 5379A, by Senator Bonacic, an
7 act to allow;
8 Senate 5418, by Senator Murphy, an
9 act to amend the State Administrative Procedure
10 Act;
11 Senate 5419, by Senator Serino, an
12 act to amend the Social Services Law;
13 Senate 5444, by Senator LaValle, an
14 act to amend the Economic Development Law;
15 Senate 5464, by Senator Golden, an
16 act to amend the Environmental Conservation Law;
17 Senate 5467A, by Senator Felder, an
18 act to amend Chapter 548 of the Laws of 2010;
19 Senate 5485A, by Senator Klein, an
20 act to amend the Vehicle and Traffic Law;
21 Senate 5492, by Senator Marcellino,
22 an act to amend the State Finance Law;
23 Senate 5500, by Senator Serino, an
24 act creating;
25 Senate 5506A, by Senator Savino, an
3896
1 act to amend the Personal Property Law;
2 Senate 5509, by Senator Robach, an
3 act to amend Chapter 633 of the Laws of 2006;
4 Senate 5516A, by Senator LaValle, an
5 act to amend the Environmental Conservation Law;
6 Senate 5539, by Senator Amedore, an
7 act to authorize;
8 Senate 5540A, by Senator Murphy, an
9 act to amend the Social Services Law;
10 Senate 5544A, by Senator Ritchie, an
11 act to amend the Mental Hygiene Law;
12 Senate 5564, by Senator Ortt, an act
13 in relation to allowing;
14 Senate 5572, by Senator Valesky, an
15 act to amend the Workers' Compensation Law;
16 Senate 5637, by Senator Seward, an
17 act to amend the Vehicle and Traffic Law;
18 Senate 5669A, by Senator Marcellino,
19 an act relating to legalizing, validating,
20 ratifying and confirming;
21 Senate 5677, by Senator Griffo, an
22 act to amend the Criminal Procedure Law;
23 Senate 5702, by Senator Serino, an
24 act to amend the Elder Law;
25 Senate 5707A, by Senator Ritchie, an
3897
1 act to amend the Alcoholic Beverage Control Law;
2 Senate 5714, by Senator LaValle, an
3 act to amend the Environmental Conservation Law;
4 Senate 5717, by Senator Libous, an
5 act to amend Chapter 455 of the Laws of 2011;
6 Senate 5731, by Senator Robach, an
7 act to amend Chapter 371 of the Laws of 2009;
8 Senate 5733, by Senator Young, an
9 act to amend the Public Health Law;
10 Senate 5758, by Senator Seward, an
11 act to amend Chapter 440 of the Laws of 2012;
12 Senate 5769, by Senator LaValle, an
13 act to amend Chapter 434 of the Laws of 1999;
14 Senate 5773, by Senator Marcellino,
15 an act to amend Section 16 of Part A of
16 Chapter 173 of the Laws of 2013;
17 Senate 5792, by Senator Marchione,
18 an act to amend the Criminal Procedure Law;
19 Senate 5802, by Senator Serino, an
20 act to amend the Environmental Conservation Law;
21 Senate 5803, by Senator Serino, an
22 act to amend the Public Health Law;
23 Senate 5804, by Senator Serino, an
24 act to amend the Education Law;
25 Senate 5813B, by Senator Serrano, an
3898
1 act to amend Chapter 899 of the Laws of 1984;
2 Senate 5832A, by Senator Nozzolio,
3 an act to amend the Criminal Procedure Law;
4 Senate 5905, by Senator Serino, an
5 act to amend the Executive Law;
6 Senate 5953, by the Senate Committee
7 on Rules, an act to amend Chapter 576 of the Laws
8 of 1974;
9 And Senate 5954, by Senator
10 Flanagan, an act to amend Chapter 56 of the Laws
11 of 2015.
12 All bills reported direct to third
13 reading.
14 ACTING PRESIDENT O'MARA: Senator
15 DeFrancisco.
16 SENATOR DeFRANCISCO: I move to
17 accept the report of the Rules Committee.
18 ACTING PRESIDENT O'MARA: The
19 motion is to accept the report of the Rules
20 Committee. All those in favor say aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT O'MARA: Opposed,
23 nay.
24 (No response.)
25 ACTING PRESIDENT O'MARA: The
3899
1 report is accepted.
2 SENATOR DeFRANCISCO: Would you
3 please begin the reading of the noncontroversial
4 calendar for today, the active list.
5 ACTING PRESIDENT O'MARA: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 131, by Senator Martins, Senate Print 1257, an
9 act to amend the Real Property Tax Law.
10 ACTING PRESIDENT O'MARA: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT O'MARA: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT O'MARA: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 143, by Senator Gallivan, Senate Print 69, an act
22 to amend the Public Officers Law.
23 ACTING PRESIDENT O'MARA: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3900
1 act shall take effect immediately.
2 ACTING PRESIDENT O'MARA: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT O'MARA: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 174, by Senator Valesky, Senate Print 639, an act
10 to amend the Social Services Law.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT O'MARA: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT O'MARA: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 213, by Senator Flanagan, Senate Print 3912A, an
23 act to amend the Education Law.
24 ACTING PRESIDENT O'MARA: Read the
25 last section.
3901
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT O'MARA: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT O'MARA: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 279, by Senator Gallivan, Senate Print 93A, an
11 act to amend the Environmental Conservation Law.
12 ACTING PRESIDENT O'MARA: Read the
13 last section.
14 THE SECRETARY: Section 18. This
15 act shall take effect on the first of November.
16 ACTING PRESIDENT O'MARA: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57. Nays, 4.
20 Senators Espaillat, Hoylman, Perkins and Serrano
21 recorded in the negative.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 323, substituted earlier by Member of the
3902
1 Assembly Steck, Assembly Print 6131A, an act to
2 amend the Insurance Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 325, substituted earlier by Member of the
15 Assembly Markey, Assembly Print Number 5057A, an
16 act to amend the General Municipal Law.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect July 1, 2015.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT O'MARA: The bill
3903
1 is passed.
2 THE SECRETARY: Calendar Number
3 334, by Senator Addabbo, Senate Print 2842A, an
4 act to amend the Civil Service Law.
5 ACTING PRESIDENT O'MARA: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT O'MARA: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 385, by Senator Ortt, Senate Print 3124A, an act
17 to amend the Transportation Law.
18 ACTING PRESIDENT O'MARA: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 90th day.
22 ACTING PRESIDENT O'MARA: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61.
3904
1 ACTING PRESIDENT O'MARA: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 396, by Senator Hannon, Senate Print 4327A, an
5 act to amend the Public Health Law.
6 ACTING PRESIDENT O'MARA: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT O'MARA: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT O'MARA: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 401, by Senator Libous, Senate Print 1479B, an
18 act to amend the General Obligations Law.
19 ACTING PRESIDENT O'MARA: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 180th day.
23 ACTING PRESIDENT O'MARA: Call the
24 roll.
25 (The Secretary called the roll.)
3905
1 ACTING PRESIDENT O'MARA: Announce
2 the result.
3 THE SECRETARY: In relation to
4 Calendar 401, those recorded in the negative are
5 Senators Avella, Comrie, Dilan, Espaillat,
6 Hoylman, Perkins, Rivera and Squadron. Also
7 Senator Sanders.
8 Ayes, 52. Nays, 9.
9 ACTING PRESIDENT O'MARA: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 411, by Senator LaValle, Senate Print 486, an act
13 to amend the Education Law.
14 ACTING PRESIDENT O'MARA: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect on the first of July.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 418, substituted earlier by Member of the
3906
1 Assembly Gunther, Assembly Print Number 5619, an
2 act to amend the General City Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of January.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 424, by Senator Gallivan, Senate Print 4780A, an
15 act to amend the Executive Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect on the 180th day.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3907
1 THE SECRETARY: Calendar Number
2 437, substituted earlier by Member of the
3 Assembly Dinowitz, Assembly Print Number 3601, an
4 act to amend the Election Law.
5 ACTING PRESIDENT O'MARA: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT O'MARA: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 458, by Senator Griffo, Senate Print 4862B, an
17 act to amend the General Business Law.
18 ACTING PRESIDENT O'MARA: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT O'MARA: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
3908
1 ACTING PRESIDENT O'MARA: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 482, by Senator Seward, Senate Print 3287, an act
5 to amend the Insurance Law.
6 ACTING PRESIDENT O'MARA: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the 180th day.
10 ACTING PRESIDENT O'MARA: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT O'MARA: Senator
14 Krueger to explain your vote.
15 SENATOR KRUEGER: Thank you,
16 Mr. President.
17 So this bill has come before us for
18 a number of years. And while there are parts of
19 it that I can support, the fundamental concern I
20 have is that if we join this compact and our
21 insurance protections are stronger than the
22 compact's national model, we are actually giving
23 up our right to have stronger consumer
24 protections in insurance law.
25 And the discussion has gone on about
3909
1 if we're at the table with the other states in
2 the compact, we can speak out for the stronger
3 consumer protections. And I like to be at the
4 table with other states on national issues, but
5 since we in the State of New York have the
6 ability to have stronger consumer protections for
7 our insurance laws, I think we're better off
8 keeping our stronger protections.
9 And so I vote no on the compact.
10 Thank you, Mr. President.
11 ACTING PRESIDENT O'MARA: Senator
12 Krueger to be recorded in the negative.
13 Announce the result.
14 THE SECRETARY: In relation to
15 Calendar Number 482, those recorded in the
16 negative are Senators Comrie, Espaillat,
17 Hassell-Thompson, Hoylman, Krueger, Montgomery,
18 Panepinto, Parker, Perkins and Sanders.
19 Ayes, 52. Nays, 10.
20 ACTING PRESIDENT O'MARA: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 521, by Senator Funke, Senate Print 4234A, an act
24 in relation to legalizing, validating, ratifying
25 and confirming.
3910
1 ACTING PRESIDENT O'MARA: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT O'MARA: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT O'MARA: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 524, substituted earlier by Member of the
13 Assembly Gunther, Assembly Print Number 5519C, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3911
1 547, by Senator LaValle, Senate Print 4969A, an
2 act to amend the Education Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 557, by Senator Klein, Senate Print 852, an act
15 to amend the Social Services Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of January.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3912
1 THE SECRETARY: Calendar Number
2 567, by Senator Golden, Senate Print 4046, an act
3 to amend the Executive Law.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: In relation to
12 Calendar 567, those recorded in the negative are
13 Senators Díaz, Hassell-Thompson, Montgomery,
14 Parker, Perkins and Rivera.
15 Ayes, 56. Nays, 6.
16 ACTING PRESIDENT O'MARA: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 583, by Senator Ranzenhofer, Senate Print 3600,
20 an act to amend the Alcoholic Beverage Control
21 Law.
22 ACTING PRESIDENT O'MARA: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3913
1 ACTING PRESIDENT O'MARA: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: In relation to
5 Calendar 583, those recorded in the negative are
6 Senators Comrie, Gianaris, Hassell-Thompson,
7 Montgomery, Parker, Perkins, Rivera and Sanders.
8 Also Senator Krueger. Also Senator Squadron.
9 Also Senator Hoylman. Also Senator Hamilton.
10 Ayes, 50. Nays, 12.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 584, by Senator Croci, Senate Print 3989A, an act
15 to amend the Mental Hygiene Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3914
1 THE SECRETARY: Calendar Number
2 588, substituted earlier by Member of the
3 Assembly Weinstein, Assembly Print 6024A, an act
4 to amend the Estates, Powers and Trusts Law.
5 ACTING PRESIDENT O'MARA: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT O'MARA: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 589, substituted earlier by Member of the
17 Assembly Kaminsky, Assembly Print 6265, an act to
18 amend the Civil Practice Law and Rules.
19 ACTING PRESIDENT O'MARA: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT O'MARA: Call the
24 roll.
25 (The Secretary called the roll.)
3915
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT O'MARA: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 590, by Senator Bonacic, Senate Print 5189, an
6 act to amend the Domestic Relations Law.
7 ACTING PRESIDENT O'MARA: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT O'MARA: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT O'MARA: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 591, substituted earlier by Member of the
19 Assembly Weinstein, Assembly Print 7221, an act
20 to amend the Domestic Relations Law.
21 ACTING PRESIDENT O'MARA: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT O'MARA: Call the
3916
1 roll.
2 (The Secretary called the roll.)
3 SENATOR DeFRANCISCO: Excuse me.
4 What bill are we on?
5 ACTING PRESIDENT O'MARA: 591.
6 SENATOR DeFRANCISCO: 591?
7 Negative.
8 ACTING PRESIDENT O'MARA: Senator
9 DeFrancisco to be recorded in the negative.
10 Announce the result.
11 THE SECRETARY: Ayes, 60. Nays, 2.
12 Senators Croci and DeFrancisco recorded in the
13 negative.
14 ACTING PRESIDENT O'MARA: The bill
15 is passed.
16 THE SECRETARY: In relation to
17 Calendar 591, those recorded in the negative are
18 Senators Croci, DeFrancisco, Griffo, Marchione,
19 Murphy, Ortt, Robach and Skelos.
20 Ayes, 54. Nays, 8.
21 ACTING PRESIDENT O'MARA: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 592, substituted earlier by Member of the
25 Assembly Braunstein, Assembly Print 6263, an act
3917
1 to amend the Estates, Powers and Trusts Law.
2 ACTING PRESIDENT O'MARA: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT O'MARA: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 594, by Senator Flanagan, Senate Print 1998, an
14 act to amend the Public Health Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3918
1 604, substituted earlier by Member of the
2 Assembly Persaud, Assembly Print 6969, an act to
3 amend Chapter 20 of the Laws of 1998.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT O'MARA: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 608, by Senator LaValle, Senate Print 2927, an
16 act to amend Chapter 330 of the Laws of 2011.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT O'MARA: The bill
3919
1 is passed.
2 THE SECRETARY: Calendar Number
3 619, by Senator Martins, Senate Print 4725A, an
4 act in relation to permitting.
5 ACTING PRESIDENT O'MARA: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT O'MARA: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61. Nays, 1.
13 Senator Bonacic recorded in the negative.
14 ACTING PRESIDENT O'MARA: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 641, by Senator Felder, Senate Print 3938, an act
18 to amend the Family Court Act.
19 ACTING PRESIDENT O'MARA: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT O'MARA: Call the
24 roll.
25 (The Secretary called the roll.)
3920
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT O'MARA: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 662, by Senator Ranzenhofer, Senate Print 4828,
6 an act to amend the New York State Urban
7 Development Corporation Act.
8 ACTING PRESIDENT O'MARA: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT O'MARA: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT O'MARA: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 674, by Senator Serino, Senate Print 4339, an act
20 to amend the Correction Law.
21 ACTING PRESIDENT O'MARA: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT O'MARA: Call the
3921
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61. Nays, 1.
4 Senator Perkins recorded in the negative.
5 ACTING PRESIDENT O'MARA: The bill
6 is passed.
7 THE SECRETARY: In relation to
8 Calendar 674: Ayes, 60. Nays, 2. Senators
9 Perkins and Rivera recorded in the negative.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 679, by Senator Gallivan, Senate Print 5023A, an
14 act to amend the Correction Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 Calendar Number 680 has been amended
3922
1 and is high. It is laid aside for the day.
2 THE SECRETARY: Calendar Number
3 681, by Senator Young, Senate Print 1980, an act
4 to amend the Labor Law.
5 ACTING PRESIDENT O'MARA: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT O'MARA: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: In relation to
13 Calendar 681, those recorded in the negative are
14 Senators Avella, Comrie, Espaillat, Montgomery,
15 Hamilton, Hassell-Thompson, Hoylman, Krueger,
16 Peralta, Perkins, Rivera, Sanders, Serrano and
17 Squadron.
18 Ayes, 48. Nays, 14.
19 ACTING PRESIDENT O'MARA: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 683, substituted earlier by Member of the
23 Assembly Peoples-Stokes, Assembly Print 7721, an
24 act to amend the Labor Law.
25 ACTING PRESIDENT O'MARA: Read the
3923
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect one year after it shall
4 have become a law.
5 ACTING PRESIDENT O'MARA: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT O'MARA: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 688, by Senator Seward, Senate Print 5249, an act
13 to amend the Insurance Law.
14 ACTING PRESIDENT O'MARA: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61. Nays, 1.
22 Senator Comrie recorded in the negative.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3924
1 690, by Senator Robach, Senate Print 4726, an act
2 to amend the Domestic Relations Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 727, by Senator Marcellino, Senate Print 457, an
15 act to amend the Vehicle and Traffic Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 120th day.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3925
1 THE SECRETARY: Calendar Number
2 740, by Senator Stewart-Cousins, Senate Print
3 5187A, an act to amend the Vehicle and Traffic
4 Law.
5 ACTING PRESIDENT O'MARA: There is
6 a home-rule message at the desk.
7 The Secretary will read the last
8 section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 60th day.
11 ACTING PRESIDENT O'MARA: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT O'MARA: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 743, substituted earlier by Member of the
19 Assembly Buchwald, Assembly Print 114, an act to
20 amend the Public Officers Law.
21 ACTING PRESIDENT O'MARA: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT O'MARA: Call the
3926
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT O'MARA: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 819, by Senator Hannon, Senate Print 1641, an act
8 to amend the Public Health Law.
9 ACTING PRESIDENT O'MARA: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT O'MARA: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT O'MARA: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 823, by Senator Funke, Senate Print 4743, an act
21 to amend the Public Health Law.
22 ACTING PRESIDENT O'MARA: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 90th day.
3927
1 ACTING PRESIDENT O'MARA: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT O'MARA: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 870, by Senator Felder, Senate Print 5035, an act
9 to amend the Executive Law.
10 ACTING PRESIDENT O'MARA: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT O'MARA: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT O'MARA: The bill
19 is passed.
20 THE SECRETARY: On page 32, Senator
21 DeFrancisco moves to discharge, from the
22 Committee on Rules, Assembly Bill Number 7509 and
23 substitute it for the identical Senate Bill
24 Number 5299, Third Reading Calendar 873.
25 ACTING PRESIDENT O'MARA: The
3928
1 substitution is so ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 873, by Member of the Assembly Farrell, Assembly
5 Print Number 7509, an act to amend the State
6 Finance Law.
7 ACTING PRESIDENT O'MARA: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT O'MARA: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT O'MARA: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 881, by Senator Lanza, Senate Print 4631, an act
19 to amend the Administrative Code of the City of
20 New York.
21 ACTING PRESIDENT O'MARA: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT O'MARA: Call the
3929
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: In relation to
4 Calendar 881, those recorded in the negative are
5 Senators Díaz, Dilan, Espaillat, Gianaris,
6 Hamilton, Montgomery, Peralta, Perkins, Rivera,
7 Stavisky and Stewart-Cousins.
8 SENATOR HASSELL-THOMPSON: Point of
9 order, Mr. President.
10 ACTING PRESIDENT O'MARA: Senator
11 Hassell-Thompson to explain your vote?
12 SENATOR HASSELL-THOMPSON: No, I
13 was trying to -- I was acknowledging that I'm
14 very good friends with someone who has one of the
15 contracts for this for New York City, and I did
16 not want to vote against it or for it. And I
17 wanted permission to abstain.
18 ACTING PRESIDENT O'MARA: Without
19 objection, you may abstain, Senator.
20 SENATOR HASSELL-THOMPSON: Thank
21 you, Mr. President.
22 THE SECRETARY: Also Senator
23 Latimer was recorded in the negative.
24 Ayes, 49. Nays, 12.
25 ACTING PRESIDENT O'MARA: The bill
3930
1 is passed.
2 THE SECRETARY: Calendar Number
3 888, by Senator Ritchie, Senate Print 519A, an
4 act to amend the Agriculture and Markets Law.
5 ACTING PRESIDENT O'MARA: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 120th day.
9 ACTING PRESIDENT O'MARA: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61. Nays, 1.
13 Senator Espaillat recorded in the negative.
14 ACTING PRESIDENT O'MARA: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 891, by Senator Libous, Senate Print 828, an act
18 to amend the Highway Law.
19 ACTING PRESIDENT O'MARA: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT O'MARA: Call the
24 roll.
25 (The Secretary called the roll.)
3931
1 ACTING PRESIDENT O'MARA: Announce
2 the result.
3 THE SECRETARY: In relation to
4 Calendar 891, those recorded in the negative are
5 Senators DeFrancisco, Díaz, Dilan, Espaillat,
6 Funke, Griffo, Hamilton, Krueger, Montgomery,
7 Murphy, Ortt, Panepinto, Peralta, Perkins,
8 Rivera, Serino, Serrano and Stavisky.
9 Ayes, 44. Nays, 18.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 899, by Senator Carlucci, Senate Print 1975, an
14 act to amend the State Administrative Procedure
15 Act.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3932
1 THE SECRETARY: Calendar Number
2 902, by Senator Martins, Senate Print 2593, an
3 act to amend the Labor Law.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61. Nays, 1.
12 Senator Perkins recorded in the negative.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 918, by Senator Carlucci, Senate Print 2721, an
17 act to amend the State Administrative Procedure
18 Act.
19 ACTING PRESIDENT O'MARA: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of January.
23 ACTING PRESIDENT O'MARA: Call the
24 roll.
25 (The Secretary called the roll.)
3933
1 ACTING PRESIDENT O'MARA: Senator
2 Krueger, you wish to explain your vote?
3 SENATOR KRUEGER: Thank you,
4 Mr. President.
5 So this is one of the bills that
6 grew out of a task force of the Majority
7 Conference last year, I believe. And this bill,
8 while it has a lot of language that sounds like
9 maybe it makes sense, really would allow any
10 group of people to petition to not have to follow
11 the state regulations.
12 So if enough of us were polluting
13 and we didn't like being told the regulations
14 said we couldn't pollute, we could actually
15 override in some way the regulations to stop us
16 from polluting.
17 There's a reason we pass bills here
18 on the floor of the Senate, try to get them to
19 become the laws of the state, and then have
20 agencies pass regulations to ensure those laws
21 have an impact. You don't really want to undo
22 that process through groups of people petitioning
23 that they don't like the regulations.
24 We should come back to the Senate
25 and the Assembly and change the statutes if
3934
1 they're not working correctly. I vote no.
2 Thank you, Mr. President.
3 ACTING PRESIDENT O'MARA: Announce
4 the result.
5 THE SECRETARY: In relation to
6 Calendar 918, those recorded in the negative are
7 Senators Addabbo, Avella, Comrie, Gianaris,
8 Hassell-Thompson, Hoylman, Krueger, Montgomery,
9 Panepinto, Rivera, Sanders, Serrano, Squadron.
10 Also Senator Hamilton. Also Senator Stavisky.
11 Also Senators Peralta and Stewart-Cousins. Also
12 Senator Perkins.
13 Ayes, 44. Nays, 18.
14 ACTING PRESIDENT O'MARA: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 919, by Senator Murphy, Senate Print 4034, an act
18 to amend the State Administrative Procedure Act.
19 ACTING PRESIDENT O'MARA: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT O'MARA: Call the
24 roll.
25 (The Secretary called the roll.)
3935
1 THE SECRETARY: In relation to
2 Calendar 919, those recorded in the negative are
3 Senators Comrie, Hamilton, Hassell-Thompson,
4 Hoylman, Krueger, Montgomery, Panepinto, Perkins,
5 Rivera and Sanders.
6 Ayes, 52. Nays, 10.
7 ACTING PRESIDENT O'MARA: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 922, by Senator Murphy, Senate Print 4328, an act
11 to amend the State Administrative Procedure Act.
12 ACTING PRESIDENT O'MARA: Read the
13 last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT O'MARA: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar 922, those recorded in the negative are
21 Senators Hoylman, Perkins, Sanders and Squadron.
22 Ayes, 58. Nays, 4.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3936
1 925, by Senator LaValle, Senate Print 5226, an
2 act to amend the Alcoholic Beverage Control Law.
3 SENATOR DeFRANCISCO: Lay it aside
4 for the day, please.
5 ACTING PRESIDENT O'MARA: The bill
6 is laid aside for the day.
7 THE SECRETARY: Calendar Number
8 928, by Senator Marchione, Senate Print 1197, an
9 act to amend the Tax Law.
10 SENATOR GIANARIS: Lay it aside.
11 ACTING PRESIDENT O'MARA: The bill
12 is laid aside.
13 THE SECRETARY: Calendar Number
14 934, substituted earlier by Member of the
15 Assembly Duprey, Assembly Print 7256, an act to
16 amend the Indian Law.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT O'MARA: The bill
3937
1 is passed.
2 THE SECRETARY: Calendar Number
3 935, substituted earlier by Member of the
4 Assembly Perry, Assembly Print Number 7520, an
5 act to amend Chapter 479 of the Laws of 2011.
6 ACTING PRESIDENT O'MARA: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT O'MARA: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT O'MARA: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 939, by Senator Gallivan, Senate Print 394, an
18 act to amend the Criminal Procedure Law.
19 ACTING PRESIDENT O'MARA: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT O'MARA: Call the
24 roll.
25 (The Secretary called the roll.)
3938
1 THE SECRETARY: Ayes, 60. Nays, 2.
2 Senators Krueger and Squadron recorded in the
3 negative.
4 ACTING PRESIDENT O'MARA: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 951, by Senator Nozzolio, Senate Print 5598, an
8 act to amend the Penal Law.
9 ACTING PRESIDENT O'MARA: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 90th day.
13 ACTING PRESIDENT O'MARA: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: In relation to
17 Calendar 951, those recorded in the negative are
18 Senators Comrie, Gianaris, Hamilton, Hoylman,
19 Krueger, Montgomery, Perkins, Rivera, Sanders,
20 Serrano and Squadron.
21 Ayes, 51. Nays, 11.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 953, substituted earlier by Member of the
3939
1 Assembly Kaminsky, Assembly Print Number 7319, an
2 act to amend the Criminal Procedure Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: In relation to
11 Calendar 953, those recorded in the negative are
12 Senators Comrie, Montgomery and Perkins.
13 Ayes, 59. Nays, 3.
14 ACTING PRESIDENT O'MARA: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 962, by Senator Valesky, Senate Print 641, an act
18 to amend the Penal Law.
19 ACTING PRESIDENT O'MARA: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 60th day.
23 ACTING PRESIDENT O'MARA: Call the
24 roll.
25 (The Secretary called the roll.)
3940
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT O'MARA: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 967, by Senator O'Mara, Senate Print 1445, an act
6 to amend the Tax Law.
7 ACTING PRESIDENT O'MARA: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT O'MARA: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT O'MARA: Senator
15 Krueger to explain your vote.
16 SENATOR KRUEGER: Thank you,
17 Mr. President.
18 When we give tax incentives it's to
19 incentivize certain activities. In 2015, the
20 State of New York should and does incentivize
21 sustainable energy that does not cause climate
22 change.
23 I'm sorry, even though everyone
24 thinks that petroleum products are too expensive,
25 the goal is to remove people -- to get people to
3941
1 stop using petroleum products, not to give them
2 tax incentives to continue to use petroleum
3 products. We should not be passing any fossil
4 fuel incentives at this point in time.
5 I vote no.
6 Thank you, Mr. President.
7 ACTING PRESIDENT O'MARA: Senator
8 Krueger to be recorded in the negative.
9 Senator Hoylman to explain your
10 vote.
11 SENATOR HOYLMAN: Mr. President, I
12 wanted to reiterate my colleague's thoughts.
13 You know, the Pope just announced
14 this week that he will be issuing an encyclical
15 on the need for humanity to address manmade
16 climate change. And I think -- far be it from me
17 to suggest that the State Senate of New York
18 should do the same thing, but with this bill I
19 think we're going in the opposite direction. So
20 I'll be voting no.
21 Thank you.
22 ACTING PRESIDENT O'MARA: Senator
23 Hoylman to be recorded in the negative.
24 Announce the result.
25 THE SECRETARY: In relation to
3942
1 Calendar 967, those recorded in the negative are
2 Senators Addabbo, Avella, Breslin, Comrie, Díaz,
3 Dilan, Espaillat, Gianaris, Hamilton,
4 Hassell-Thompson, Hoylman, Kennedy, Krueger,
5 Latimer, Montgomery, Panepinto, Peralta, Perkins,
6 Rivera, Sanders, Savino, Serrano, Squadron,
7 Stavisky and Stewart-Cousins.
8 Ayes, 37. Nays, 25.
9 ACTING PRESIDENT O'MARA: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1009, by Senator Gallivan, Senate Print 5286, an
13 act to amend the Family Court Act.
14 ACTING PRESIDENT O'MARA: Read the
15 last section.
16 THE SECRETARY: Section 7. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1012, by Senator Ortt, Senate Print 2693, an act
3943
1 to amend the Public Authorities Law.
2 ACTING PRESIDENT O'MARA: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect January 1, 2016.
6 ACTING PRESIDENT O'MARA: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1017, by Senator Dilan, Senate Print 999, an act
14 to amend the Highway Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3944
1 1025, by Senator Valesky, Senate Print 5335A, an
2 act to amend the Highway Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1036, by Senator Golden, Senate Print 4916A, an
15 act to amend the General Business Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 30th day.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3945
1 THE SECRETARY: On page 39, Senator
2 Venditto moves to discharge, from the Committee
3 on Rules, Assembly Bill Number 7691 and
4 substitute it for the identical Senate Bill
5 Number 4996, Third Reading Calendar 1037.
6 ACTING PRESIDENT O'MARA: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1037, substituted earlier by Member of the
11 Assembly Schimminger, Assembly Print Number 7691,
12 an act to amend the General Business Law.
13 ACTING PRESIDENT O'MARA: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT O'MARA: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT O'MARA: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1038, by Senator Little, Senate Print 1229A, an
25 act to amend the Arts and Cultural Affairs Law.
3946
1 ACTING PRESIDENT O'MARA: Read the
2 last section.
3 THE SECRETARY: Section 6. This
4 act shall take effect on the 60th day.
5 ACTING PRESIDENT O'MARA: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61. Nays, 1.
9 Senator Avella recorded in the negative.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1044, by Senator Funke, Senate Print 4732, an act
14 to amend the Social Services Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 30th day.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61. Nays, 1.
23 Senator DeFrancisco recorded in the negative.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3947
1 THE SECRETARY: Calendar Number
2 1048, by Senator Gallivan, Senate Print 4904, an
3 act to amend the Correction Law.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT O'MARA: The bill
13 is passed.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Yes,
16 Mr. President, can we hold the rest of the
17 reading of the noncontroversial calendar?
18 Because we have a group here that Senator Farley
19 would like to recognize.
20 And if we can return to motions and
21 resolutions -- no, actually it's not. It's
22 simply a mere introduction, but a very important
23 introduction by Senator Farley.
24 Would you recognize Senator Farley.
25 ACTING PRESIDENT O'MARA: Senator
3948
1 Farley.
2 SENATOR FARLEY: Thank you,
3 Mr. President.
4 This is a particular thrill for me
5 because it's my hometown. And not only
6 representing the number-one academic school
7 district in the State of New York, but a school
8 district that has really had quite an
9 accomplishment. I'm introducing an
10 congratulating the Niskayuna Boys Lacrosse Team
11 and their coach, Mike Vorgang, for capturing the
12 2015 New York State Class A Lacrosse
13 Championship.
14 After completing an incredible
15 season of 21 and 2, they defeated the West
16 Genesee High School by a score of 13-10 in the
17 title game. Not only, Mr. President, was this a
18 historic victory for the first-ever New York
19 State lacrosse title for Niskayuna, but it's the
20 first state lacrosse championship of any
21 Section II team.
22 You know, we're very proud of this
23 remarkable accomplishment. But the time and
24 training and discipline that goes into excelling
25 in this very tough sport -- all of you have
3949
1 competed against many other very accomplished
2 schools, and I know that you've brought a lot of
3 pride to our area.
4 But you know, I have to say that
5 Niskayuna and Coach Vorgang, we congratulate you,
6 you've done a superb job. And you've taught the
7 values of teamwork, sportsmanship, and you serve
8 as role models for everybody in the state. But
9 particularly we in Niskayuna are very, very proud
10 of you. The Silver Warriors are champions. And,
11 Mr. President, I'd ask them to all
12 stand up, these outstanding athletes, and give
13 them the congratulations that they deserve from
14 this house.
15 (Standing ovation.)
16 ACTING PRESIDENT O'MARA: Senator
17 DeFrancisco on the same topic.
18 SENATOR DeFRANCISCO: Yes, I have
19 to rise because West Genesee is in my district.
20 But since they won the championship a couple
21 times, or maybe more, they've really been an
22 incredible team for many, many years, you deserve
23 great credit for beating them and becoming
24 champs.
25 Now let's see if you can have a
3950
1 streak, the same type of streak. And now it's
2 your turn. And best of luck in the future.
3 Thank you.
4 (Applause.)
5 ACTING PRESIDENT O'MARA: In
6 relation to Calendar Number 1048, the bill was
7 passed.
8 The Secretary will read.
9 THE SECRETARY: On page 40, Senator
10 Gallivan moves to discharge, from the Committee
11 on Rules, Assembly Bill Number 7814 and
12 substitute it for the identical Senate Bill
13 Number 4905, Third Reading Calendar 1049.
14 ACTING PRESIDENT O'MARA: The
15 substitution is so ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1049, by Member of the Assembly Sepulveda,
19 Assembly Print 7814, an act to amend the
20 Correction Law.
21 ACTING PRESIDENT O'MARA: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 30th day.
25 ACTING PRESIDENT O'MARA: Call the
3951
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT O'MARA: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1050, by Senator Golden, Senate Print 5000A, an
8 act to amend the Correction Law.
9 ACTING PRESIDENT O'MARA: Read the
10 last section.
11 THE SECRETARY: Section 14. This
12 act shall take effect on the first of November.
13 ACTING PRESIDENT O'MARA: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: In relation to
17 Calendar 1050, those recorded in the negative are
18 Senators Montgomery, Perkins and Rivera.
19 Ayes, 59. Nays, 3.
20 ACTING PRESIDENT O'MARA: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1051, by Senator Hannon, Senate Print 1054, an
24 act to amend the Public Health Law.
25 ACTING PRESIDENT O'MARA: Read the
3952
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 90th day.
4 ACTING PRESIDENT O'MARA: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT O'MARA: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1052, substituted earlier by Member of the
12 Assembly Gottfried, Assembly Print Number 2150,
13 an act to amend the Public Health Law.
14 ACTING PRESIDENT O'MARA: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1054, by Senator Griffo, Senate Print 1789, an
3953
1 act to amend the Public Health Law.
2 ACTING PRESIDENT O'MARA: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 180th day.
6 ACTING PRESIDENT O'MARA: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1055, substituted earlier by Member of the
14 Assembly Paulin, Assembly Print Number 134, an
15 act to amend the Public Health Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3954
1 THE SECRETARY: Calendar Number
2 1064, substituted earlier by Member of the
3 Assembly Gunther, Assembly Print Number 7202A, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT O'MARA: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of January.
9 ACTING PRESIDENT O'MARA: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1083, by Senator Marcellino, Senate Print 5138A,
17 an act --
18 SENATOR DeFRANCISCO: Lay the bill
19 aside for the day, please.
20 ACTING PRESIDENT O'MARA: The bill
21 is laid aside for the day.
22 THE SECRETARY: Calendar Number
23 1090, by Senator Gallivan, Senate Print 5349, an
24 act to amend the Penal Law.
25 ACTING PRESIDENT O'MARA: Read the
3955
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of November.
4 ACTING PRESIDENT O'MARA: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: In relation to
8 Calendar 1090, those recorded in the negative are
9 Senators Comrie, Hassell-Thompson, Hoylman,
10 Krueger, Montgomery, Parker, Perkins, Rivera and
11 Sanders.
12 Ayes, 53. Nays, 9.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1099, by Senator Farley, Senate Print 5251, an
17 act to authorize.
18 ACTING PRESIDENT O'MARA: There is
19 a home-rule message at the desk.
20 The Secretary will read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT O'MARA: Call the
25 roll.
3956
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT O'MARA: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1132, by Senator Valesky, Senate Print 624, an
7 act to amend the Civil Practice Law and Rules.
8 ACTING PRESIDENT O'MARA: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT O'MARA: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: In relation to
16 Calendar 1132, those recorded in the negative are
17 Senators Comrie, Dilan, Hoylman, Krueger,
18 Montgomery, Panepinto, Perkins, Rivera and
19 Squadron.
20 Ayes, 53. Nays, 9.
21 ACTING PRESIDENT O'MARA: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1160, by Senator Lanza, Senate Print 3343, an act
25 to amend the Penal Law.
3957
1 ACTING PRESIDENT O'MARA: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of November.
5 ACTING PRESIDENT O'MARA: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: In relation to
9 Calendar 1160, those recorded in the negative are
10 Senators DeFrancisco, Hamilton, Krueger,
11 Montgomery, Parker and Perkins.
12 Ayes, 56. Nays, 6.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: On page 46, Senator
16 Serino moves to discharge, from the Committee on
17 Rules, Assembly Bill Number 7612A and substitute
18 it for the identical Senate Bill Number 5328A,
19 Third Reading Calendar 1176.
20 ACTING PRESIDENT O'MARA: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1176, by Member of the Assembly Cymbrowitz,
25 Assembly Print Number 7612A, an act to amend the
3958
1 Elder Law.
2 ACTING PRESIDENT O'MARA: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT O'MARA: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1183, by Senator Comrie, Senate Print 4945, an
14 act to amend the Agriculture and Markets Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61. Nays, 1.
23 Senator Croci recorded in the negative.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3959
1 THE SECRETARY: Calendar Number
2 1188, by Senator Funke, Senate Print 4744, an act
3 to amend the Environmental Conservation Law.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: In relation to
12 Calendar 1188, those recorded in the negative are
13 Senators Espaillat, Hoylman, Perkins and Serrano.
14 Also Senator Comrie.
15 Ayes, 57. Nays, 5.
16 ACTING PRESIDENT O'MARA: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1198, by Senator Boyle, Senate Print 5004A, an
20 act to amend the Environmental Conservation Law.
21 ACTING PRESIDENT O'MARA: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT O'MARA: Call the
3960
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61. Nays, 1.
4 Senator LaValle recorded in the negative.
5 ACTING PRESIDENT O'MARA: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1202, substituted earlier by Member of the
9 Assembly Englebright, Assembly Print Number 7633,
10 an act to amend Chapter 366 of the Laws of 2011.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT O'MARA: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: In relation to
19 Calendar 1202, those recorded in the negative are
20 Senators Espaillat, Hamilton, Hoylman, Krueger,
21 Perkins and Serrano.
22 Ayes, 56. Nays, 6.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3961
1 1223, by Senator Young, Senate Print 5326, an act
2 to amend the Highway Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1225, by Senator O'Mara, Senate Print 5582, an
15 act to amend the Highway Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3962
1 THE SECRETARY: Calendar Number
2 1240, by Senator LaValle, Senate Print 4889, an
3 act to amend the Village Law.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT O'MARA: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1241, by Senator Martins, Senate Print 5031A, an
16 act to authorize.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60. Nays, 2.
25 Senators Bonacic and O'Mara recorded in the
3963
1 negative.
2 ACTING PRESIDENT O'MARA: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1243, by Senator Breslin, Senate Print 5222, an
6 act authorizing.
7 ACTING PRESIDENT O'MARA: There is
8 a home-rule message at the desk.
9 The Secretary will read the last
10 section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 ACTING PRESIDENT O'MARA: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT O'MARA: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1252, substituted earlier by Member of the
21 Assembly Buchwald, Assembly Print Number 2439B,
22 an act to amend the Town Law.
23 ACTING PRESIDENT O'MARA: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3964
1 act shall take effect immediately.
2 ACTING PRESIDENT O'MARA: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT O'MARA: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1288, by Senator LaValle, Senate Print 5113A, an
10 act to amend the Education Law.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT O'MARA: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61. Nays, 1.
19 Senator Perkins recorded in the negative.
20 ACTING PRESIDENT O'MARA: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1290, by Senator LaValle, Senate Print 5512, an
24 act to amend the Education Law.
25 ACTING PRESIDENT O'MARA: Read the
3965
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT O'MARA: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT O'MARA: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1298, by Senator Klein, Senate Print 2308, an act
12 to amend the Penal Law.
13 ACTING PRESIDENT O'MARA: Read the
14 last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect on the first of November.
17 ACTING PRESIDENT O'MARA: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT O'MARA: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1310, substituted earlier by Member of the
25 Assembly Buchwald, Assembly Print Number 6222, an
3966
1 act to amend the Penal Law.
2 ACTING PRESIDENT O'MARA: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT O'MARA: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1314, by Senator Seward, Senate Print 5153, an
14 act to amend the Mental Hygiene Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3967
1 1315, by Senator DeFrancisco, Senate Print 5154A,
2 an act to amend the Mental Hygiene Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 5. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1316, substituted earlier by Member of the
15 Assembly Gunther, Assembly Print Number 6529, an
16 act to amend the Mental Hygiene Law.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT O'MARA: The bill
3968
1 is passed.
2 THE SECRETARY: Calendar Number
3 1324, substituted earlier by Member of the
4 Assembly Weinstein, Assembly Print Number 7596,
5 an act to amend the Mental Hygiene Law.
6 ACTING PRESIDENT O'MARA: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT O'MARA: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT O'MARA: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1329, by Senator Savino, Senate Print 5296, an
18 act to amend the Banking Law.
19 ACTING PRESIDENT O'MARA: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT O'MARA: Call the
24 roll.
25 (The Secretary called the roll.)
3969
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT O'MARA: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1331, substituted earlier by Member of the
6 Assembly Linares, Assembly Print Number 7466, an
7 act to amend Chapter 223 of the Laws of 1996.
8 ACTING PRESIDENT O'MARA: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT O'MARA: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT O'MARA: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1340, by Senator Marcellino, Senate Print 421, an
20 act to amend the Public Health Law.
21 ACTING PRESIDENT O'MARA: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT O'MARA: Call the
3970
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT O'MARA: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1344, by Senator Bonacic, Senate Print 1601, an
8 act to amend the Penal Law.
9 ACTING PRESIDENT O'MARA: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT O'MARA: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: In relation to
17 Calendar 1344, those recorded in the negative are
18 Senators Comrie, Espaillat, Parker and Perkins.
19 Ayes, 58. Nays, 4.
20 ACTING PRESIDENT O'MARA: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1366, by Senator Lanza, Senate Print 4515, an act
24 to amend the Penal Law.
25 ACTING PRESIDENT O'MARA: Read the
3971
1 last section.
2 THE SECRETARY: Section 6. This
3 act shall take effect on the 90th day.
4 ACTING PRESIDENT O'MARA: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: In relation to
8 Calendar 1366, those recorded in the negative are
9 Senators Hassell-Thompson, Montgomery, Parker and
10 Perkins.
11 Ayes, 58. Nays, 4.
12 ACTING PRESIDENT O'MARA: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1367, by Senator Lanza, Senate Print 4625, an act
16 to amend the Criminal Procedure Law.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the first of November.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61. Nays, 1.
25 Senator Perkins recorded in the negative.
3972
1 ACTING PRESIDENT O'MARA: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1414, by Senator Skelos, Senate Print 4910, an
5 act to authorize.
6 ACTING PRESIDENT O'MARA: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT O'MARA: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60. Nays, 2.
14 Senators Bonacic and O'Mara recorded in the
15 negative.
16 ACTING PRESIDENT O'MARA: The bill
17 is passed.
18 Senator DeFrancisco, that concludes
19 the noncontroversial reading of the calendar.
20 SENATOR DeFRANCISCO: Can we go to
21 motions and resolutions, please.
22 ACTING PRESIDENT O'MARA: Motions
23 and resolutions.
24 SENATOR DeFRANCISCO: I'd like to
25 call up Senator Golden's bill, Print Number 3203,
3973
1 recalled from the Assembly, which is now at the
2 desk.
3 ACTING PRESIDENT O'MARA: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1391, by Senator Golden, Senate Print 3203, an
7 act to amend the Penal Law.
8 SENATOR DeFRANCISCO: I now move to
9 reconsider the vote by which this bill was
10 passed.
11 ACTING PRESIDENT O'MARA: Call the
12 roll on reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 SENATOR DeFRANCISCO: I now offer
16 the following amendments.
17 ACTING PRESIDENT O'MARA: The
18 amendments are received, and the bill retains its
19 place on Third Reading Calendar.
20 SENATOR DeFRANCISCO: On page 42, I
21 offer the following amendments to Senator
22 Marcellino's bill, Calendar 1083, Senate Print
23 5138A, and ask that said bill retain its place on
24 the Third Reading Calendar.
25 ACTING PRESIDENT O'MARA: The
3974
1 amendments are received, and the bill shall
2 retain its place on the Third Reading Calendar.
3 SENATOR DeFRANCISCO: I'm going to
4 make an announcement about something important.
5 But when we get back, we're going to do the
6 noncontroversial reading of the supplemental
7 calendar and then get into the controversial
8 readings of both.
9 But right now, to do some
10 confirmations, there's an immediate meeting of
11 the Finance Committee in Room 332. And we're
12 going to stand at ease.
13 ACTING PRESIDENT O'MARA: There
14 will be an immediate meeting of the Finance
15 Committee in Room 332.
16 The Senate will stand at ease.
17 (Whereupon, the Senate stood at ease
18 at 5:37 p.m.)
19 (Whereupon, the Senate reconvened at
20 6:49 p.m.)
21 SENATOR DeFRANCISCO:
22 Mr. President.
23 ACTING PRESIDENT O'MARA: Senator
24 DeFrancisco.
25 SENATOR DeFRANCISCO: I understand
3975
1 there's a report of the Rules Committee at the
2 desk. Excuse me. Just seeing if you were paying
3 attention.
4 (Laughter.)
5 SENATOR DeFRANCISCO: There is a
6 report from the Judiciary -- no, the Finance
7 Committee, that's the one, at the desk. Could
8 you please read.
9 ACTING PRESIDENT O'MARA: The
10 Secretary will read the report of the Finance
11 Committee.
12 THE SECRETARY: Senator
13 DeFrancisco, from the Committee on Finance,
14 reports the following nomination:
15 As Medicaid Inspector General,
16 Dennis Rosen, of Albany.
17 SENATOR DeFRANCISCO: I move the
18 nomination.
19 ACTING PRESIDENT O'MARA: All those
20 in favor --
21 SENATOR DeFRANCISCO: Excuse me.
22 Excuse me. I'm sorry, this is getting a little
23 disjointed because we're bouncing from different
24 things.
25 But I just wanted to mention, in
3976
1 moving the nomination very briefly, that there
2 was unanimous support for this nominee in both
3 the Health Committee and the Finance Committee.
4 Everybody has had dealings with him
5 in his former position at the SLA, and he's done
6 incredible things to reform the operations of
7 that organization, which is an incredible
8 accomplishment when you've got so many different
9 legislators and critics that are out there, those
10 people in government. And to get the support of
11 everyone, and glowing support of everyone, is
12 truly a great accomplishment.
13 And I for one, and everyone in that
14 room, believes that he's a perfect nominee for
15 the position that he's been nominated to,
16 Medicaid Inspector General. And we're all
17 confident he'll do a wonderful job.
18 So I move the nomination.
19 ACTING PRESIDENT O'MARA: Senator
20 Farley to second the nomination.
21 SENATOR FARLEY: Yes, thank you,
22 Mr. President. I know that a number of members
23 had wanted to speak on this; I certainly do.
24 Dennis Rosen, not only did he have a
25 fantastic academic career -- Brooklyn College and
3977
1 Harvard Law School -- he served for many years in
2 the Attorney General's office chasing down fraud.
3 And I'll tell you, everybody said
4 what a job he did for the Liquor Authority, an
5 authority that really needed a lot of work. He
6 was an administrator par excellence.
7 And he is moving into an area that
8 the state really needs some attention, and that
9 is in Medicaid fraud. I know that Senator Skelos
10 once mentioned that if we could get 10 percent of
11 the fraud there, it would be worth a billion
12 dollars.
13 The state can use this money because
14 these fraudulent people are stealing from the
15 poor and those people that do need Medicaid. And
16 there's a lot of challenges there. And this is
17 one of the finest administrators the state has
18 ever had.
19 And Dennis, we're looking forward to
20 your term of office as the Inspector General for
21 Medicaid. And I know that you're going to do a
22 job like no one that has ever served there. I
23 wish you well, and thank you for your service to
24 the State of New York.
25 ACTING PRESIDENT O'MARA: Senator
3978
1 Hannon on the nomination.
2 SENATOR HANNON: Yes, thank you,
3 Mr. President. I rise to second the nomination
4 and to move confirmation of Dennis Rosen from
5 this body.
6 Mr. Rosen was unanimously
7 recommended for confirmation by the Health
8 Committee. There were some extensive
9 conversations and even more extensive praise,
10 both as to what he had done at the SLA --
11 parenthetically, whenever in the old days we had
12 mentioned the SLA, people had nothing but
13 complaints. For four and a half, five years now,
14 it's been a place where you can solve things and
15 move forward items for your constituents.
16 Praise was also for the work of the
17 OMIG. Mr. Rosen would be the third OMIG for the
18 State of New York. It was a position that was
19 crafted, created, championed by Senator Skelos
20 and myself because we felt that there was a
21 sustained need to recover monies for the state
22 and there was also a sustained need to instill a
23 confidence by the voters of this state, by the
24 residents of this state, into a system that
25 spends now $53 billion a year.
3979
1 And in fact, since the number of
2 people on Medicaid in this state has now grown to
3 be over 6 million residents of the state -- so
4 that's literally about a third of the state -- we
5 need to have confidence in the system. We need
6 to have confidence in the fiscal integrity of the
7 system. We need to have confidence in the
8 professional care that's delivered by the system.
9 And so someone like Mr. Rosen, who
10 brings the accomplishments of running an agency,
11 and before that being in the Attorney General's
12 office, of being a prosecutor, and even before
13 that in Legal Aid, being a defender, I think
14 there's a well-rounded background that we can
15 have confidence in. We look forward to working
16 with him in his endeavors on behalf of the people
17 of this state.
18 And so I would second the
19 confirmation.
20 ACTING PRESIDENT O'MARA: Thank
21 you, Senator Hannon.
22 Seeing no further Senators wishing
23 to be heard, the question is on the motion to
24 confirm Dennis Rosen as the Medicaid Inspector
25 General of New York State. All those in favor
3980
1 signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT O'MARA: Opposed,
4 nay.
5 (No response.)
6 ACTING PRESIDENT O'MARA: The
7 motion is carried.
8 Congratulations, Dennis Rosen, on
9 your confirmation as Medicaid Inspector General
10 in the State of New York.
11 (Applause.)
12 ACTING PRESIDENT O'MARA: The
13 Secretary will read.
14 THE SECRETARY: As commissioner of
15 the State Insurance Fund, Louis J. Roberti, of
16 Katonah.
17 ACTING PRESIDENT O'MARA: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: Mr. Roberti
20 is not here today, but I move his nomination.
21 ACTING PRESIDENT O'MARA: The
22 question is on the nomination of Louis Roberti
23 as commissioner of the State Insurance Fund. All
24 those in favor signify by saying aye.
25 (Response of "Aye.")
3981
1 ACTING PRESIDENT O'MARA: Opposed,
2 nay.
3 (No response.)
4 ACTING PRESIDENT O'MARA: The
5 appointment is confirmed of Louis Roberti as
6 commissioner of the State Insurance Fund of the
7 State of New York.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO:
10 Mr. President, would you now do the
11 noncontroversial reading of the supplemental
12 calendar, Number 53A.
13 ACTING PRESIDENT O'MARA: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 1517, by Senator Martins, Senate Print 248B, an
17 act to amend the Education Law.
18 ACTING PRESIDENT O'MARA: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT O'MARA: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61. Nays, 1.
3982
1 Senator Krueger recorded in the negative.
2 ACTING PRESIDENT O'MARA: The bill
3 is passed.
4 THE SECRETARY: In relation to
5 Calendar 1518, Senator Montgomery moves to
6 discharge, from the Committee on Crime Victims,
7 Crime and Correction, Assembly Bill Number 3838B
8 and substitute it for the identical Senate Bill
9 Number 979B, Third Reading Calendar 1518.
10 ACTING PRESIDENT O'MARA: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1518, by Member of the Assembly Aubry, Assembly
15 Print Number 3838B, an act to amend the
16 Correction Law.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect in three years.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61. Nays, 1.
25 Senator Gallivan recorded in the negative.
3983
1 ACTING PRESIDENT O'MARA: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1519, by Senator O'Mara, Senate Print 1149B, an
5 act to amend the Social Services Law.
6 ACTING PRESIDENT O'MARA: Read the
7 last section.
8 SENATOR DeFRANCISCO: Please lay
9 the bill aside for the day.
10 ACTING PRESIDENT O'MARA: The bill
11 is laid aside for the day.
12 THE SECRETARY: Calendar Number
13 1520, by Senator Bonacic, Senate Print 1631, an
14 act to amend the General Municipal Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 9. This
18 act shall take effect on the 180th day.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59. Nays, 3.
23 Senators Díaz, Espaillat and Krueger recorded in
24 the negative.
25 ACTING PRESIDENT O'MARA: The bill
3984
1 is passed.
2 THE SECRETARY: Calendar Number
3 1521, by Senator Young, Senate Print 1983, an act
4 to amend the Social Services Law.
5 ACTING PRESIDENT O'MARA: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 120th day.
9 ACTING PRESIDENT O'MARA: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: In relation to
13 Calendar 1521, those recorded in the negative are
14 Senators Dilan, Gianaris, Hoylman, Krueger,
15 Panepinto, Perkins, Rivera and Squadron.
16 Ayes, 54. Nays, 8.
17 ACTING PRESIDENT O'MARA: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1522, by Senator Perkins, Senate Print 2418, an
21 act to amend the Penal Law.
22 ACTING PRESIDENT O'MARA: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of November.
3985
1 ACTING PRESIDENT O'MARA: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT O'MARA: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1523, by Senator Gianaris, Senate Print 2484A, an
9 act to amend the Penal Law.
10 ACTING PRESIDENT O'MARA: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT O'MARA: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT O'MARA: Senator
18 Gianaris.
19 SENATOR GIANARIS: Thank you,
20 Mr. President.
21 I want to thank my colleagues for
22 voting on this bill. This is in response to
23 three separate incidents in my district within
24 the span of a year of people without proper
25 driver's licenses hitting and killing children
3986
1 and senior citizens.
2 And I want to give a special thank
3 you to Senator Nozzolio, who helped craft this
4 bill through his committee and gave some very
5 helpful recommendations on amendments, and also
6 allowed it to pass through his committee.
7 So thank you to the Senator, and
8 thank you to my colleagues.
9 ACTING PRESIDENT O'MARA: Announce
10 the result.
11 THE SECRETARY: Ayes, 61. Nays, 1.
12 Senator O'Mara recorded in the negative.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: In relation to
16 Calendar 1524, Senator Dilan moves to discharge,
17 from the Committee on Judiciary, Assembly Bill
18 Number 2956 and substitute it for the identical
19 Senate Bill 2631, Third Reading Calendar 1524.
20 ACTING PRESIDENT O'MARA: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1524, by Member of the Assembly Lentol, Assembly
25 Print Number 2956, an act to authorize.
3987
1 ACTING PRESIDENT O'MARA: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT O'MARA: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61. Nays, 1.
9 Senator Croci recorded in the negative.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: In relation to
13 Calendar 1525, Senator Parker moves to discharge,
14 from the Committee on Commerce and Economic
15 Development, Assembly Bill Number 7593 and
16 substitute it for the identical Senate Bill
17 Number 2656, Third Reading Calendar 1525.
18 ACTING PRESIDENT O'MARA: The
19 substitution is so ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1525, by Member of the Assembly Richardson,
23 Assembly Print 7593, an act to amend the Economic
24 Development Law.
25 ACTING PRESIDENT O'MARA: Read the
3988
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT O'MARA: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT O'MARA: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1526, by Senator Golden, Senate Print 2691, an
12 act to amend the Social Services Law.
13 ACTING PRESIDENT O'MARA: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect on the 730th day after it
17 shall have become a law.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: In relation to
22 Calendar 1526: Ayes, 62.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3989
1 1527, by Senator DeFrancisco, Senate Print 2925,
2 an act to amend the General Obligations Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 30th day.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: In relation to
11 Calendar 1527, those recorded in the negative are
12 Senators Comrie, Dilan, Gianaris, Hoylman,
13 Krueger, Panepinto, Perkins, Rivera, and
14 Squadron.
15 Ayes, 53. Nays, 9.
16 ACTING PRESIDENT O'MARA: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1528, by Senator Ritchie, Senate Print 3106, an
20 act to amend the Environmental Conservation Law.
21 ACTING PRESIDENT O'MARA: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT O'MARA: Call the
3990
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60. Nays, 2.
4 Senators Espaillat and Hoylman recorded in the
5 negative.
6 ACTING PRESIDENT O'MARA: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1529, by Senator Young, Senate Print 3440A, an
10 act to amend the Agriculture and Markets Law.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT O'MARA: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: In relation to
19 Calendar 1529, those recorded in the negative are
20 Senators Espaillat, Hoylman and Perkins.
21 Ayes, 59. Nays, 3.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1530, by Senator Lanza, Senate Print 3481B, an to
3991
1 restrict.
2 ACTING PRESIDENT O'MARA: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT O'MARA: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1531, by Senator Kennedy, Senate Print 3528, an
14 act in relation to authorizing.
15 ACTING PRESIDENT O'MARA: There is
16 a home-rule message at the desk.
17 The Secretary will read the last
18 section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT O'MARA: The bill
3992
1 is passed.
2 THE SECRETARY: Calendar Number
3 1532, by Senator Sanders, Senate Print 3776, an
4 act to amend the Education Law.
5 ACTING PRESIDENT O'MARA: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT O'MARA: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1533, by Senator Lanza, Senate Print 4051A, an
17 act to amend the Education Law.
18 ACTING PRESIDENT O'MARA: Read the
19 last section.
20 THE SECRETARY: Section 2 This act
21 shall take effect immediately.
22 ACTING PRESIDENT O'MARA: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
3993
1 ACTING PRESIDENT O'MARA: The bill
2 is passed.
3 THE SECRETARY: In relation to
4 Calendar 1534, Senator Ortt moves to discharge,
5 from the Committee on Finance, Assembly Bill
6 Number 3208A and substitute it for the identical
7 Senate Bill 4523A, Third Reading Calendar 1534.
8 ACTING PRESIDENT O'MARA: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1534, by Member of the Assembly Peoples-Stokes,
13 Assembly Print 3208A, an act to amend the
14 Executive Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3994
1 1535, by Senator Lanza, Senate Print 4627A, an
2 act to amend the Real Property Tax Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1536, by Senator Hannon, Senate Print 4739A, an
15 act to amend the Education Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 8. This
19 act shall take effect immediately.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3995
1 THE SECRETARY: Calendar Number
2 1537, by Senator Funke, Senate Print 4742, an act
3 to amend the Education Law.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT O'MARA: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1538, by Senator Martins, Senate Print 4782, an
16 act to amend Chapter 435 of the Laws of 2011.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT O'MARA: The bill
3996
1 is passed.
2 THE SECRETARY: In relation to
3 Calendar 1539, Senator Croci moves to discharge,
4 from the Committee on Rules, Assembly Bill Number
5 7580 and substitute it for the identical Senate
6 Bill Number 4856, Third Reading Calendar 1539.
7 ACTING PRESIDENT O'MARA: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1539, by Member of the Assembly Bichotte,
12 Assembly Print Number 7580, an act to amend the
13 State Finance Law.
14 ACTING PRESIDENT O'MARA: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1540, by Senator Ortt, Senate Print 4882, an act
3997
1 to amend the General Business Law.
2 ACTING PRESIDENT O'MARA: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of September.
6 ACTING PRESIDENT O'MARA: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT O'MARA: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1541, by Senator Stewart-Cousins, Senate Print
14 4897, an act to amend the Public Authorities Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3998
1 1542, by Senator Seward, Senate Print 4900A, an
2 act to amend the Penal Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of November.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1543, by Senator Venditto, Senate Print 4911A, an
15 act to amend the Education Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
3999
1 THE SECRETARY: Calendar Number
2 1544, by Senator Farley, Senate Print 4920A, an
3 act to amend the Religious Corporations Law.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 30th day.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT O'MARA: The bill
13 is passed.
14 SENATOR FARLEY: Just to explain my
15 vote.
16 ACTING PRESIDENT O'MARA: Senator
17 Farley to explain his vote.
18 SENATOR FARLEY: That's a rather
19 significant piece of legislation. It will allow
20 a religious cemetery -- Catholic, Jewish,
21 whatever it might be -- to sell an abandoned lot
22 that's been 75 years that they can't find any
23 owners for it, they have to go find an owner.
24 And any money that they get for that goes into
25 the maintenance of the cemetery.
4000
1 It's very significant. All the
2 nonprofit cemeteries can do this now, but the
3 religious cemeteries cannot. So it's very, very
4 important to them.
5 I urge a yes vote, and thank you.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT O'MARA: The bill
8 is passed.
9 THE SECRETARY: In relation to
10 Calendar 1545, Senator Ranzenhofer moves to
11 discharge, from the Committee on Finance,
12 Assembly Bill Number 6946 and substitute it for
13 the identical Senate Bill 4934, Third Reading
14 Calendar 1545.
15 ACTING PRESIDENT O'MARA: The
16 substitution is so ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1545, by Member of the Assembly Pretlow, Assembly
20 Print Number 6946, an act to amend the Racing,
21 Pari-Mutuel Wagering and Breeding Law.
22 ACTING PRESIDENT O'MARA: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4001
1 ACTING PRESIDENT O'MARA: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT O'MARA: Senator
5 Díaz to explain your vote.
6 SENATOR DIAZ: You know, I know
7 that the State of New York needs money. And I
8 know that certain people do everything to raise
9 money. But to create betting on Palm Sunday,
10 that is something that even though the state
11 needs money, we should be aware that Palm Sunday
12 is a holy day. And we should respect other
13 people's beliefs.
14 And I am sorry that Senator
15 Ranzenhofer doesn't even care about Sunday,
16 Palm Sunday or anything, he just wants the
17 betting in there, get money for the state. But
18 maybe we could get money some other way. And
19 that's why I'm voting no.
20 Thank you.
21 ACTING PRESIDENT O'MARA: Announce
22 the result.
23 THE SECRETARY: In relation to
24 Calendar 1545, those recorded in the negative are
25 Senators Amedore, DeFrancisco, Díaz, Espaillat,
4002
1 Farley, Hamilton, Hassell-Thompson, Kennedy,
2 LaValle, Marchione, Montgomery, Parker, Peralta,
3 Perkins, Sampson, Sanders, Serrano, Seward and
4 Skelos.
5 Ayes, 43. Nays, 19.
6 ACTING PRESIDENT O'MARA: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1546, by Senator Ranzenhofer, Senate Print 4935A,
10 an act to amend the Public Health Law.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT O'MARA: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT O'MARA: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1547, by Senator Comrie, Senate Print 4946, an
23 act to amend the Tax Law.
24 ACTING PRESIDENT O'MARA: Read the
25 last section.
4003
1 THE SECRETARY: Section 4. This
2 act shall take effect immediately.
3 ACTING PRESIDENT O'MARA: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT O'MARA: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1548, by Senator Murphy, Senate Print 4980, an
11 act to authorize.
12 ACTING PRESIDENT O'MARA: There is
13 a home-rule message at the desk.
14 Read the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT O'MARA: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT O'MARA: The bill
22 is passed.
23 THE SECRETARY: In relation to
24 Calendar 1549, Senator Felder moves to discharge,
25 from the Committee on Children and Families,
4004
1 Assembly Bill Number 6715A and substitute it for
2 the identical Senate Bill 5018A, Third Reading
3 Calendar 1549.
4 ACTING PRESIDENT O'MARA: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1549, by Member of the Assembly Weinstein,
9 Assembly Print Number 6715A, an act to amend the
10 Family Court Act.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 13. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT O'MARA: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT O'MARA: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1550, by Senator Felder, Senate Print 5036, an
23 act to amend the Education Law.
24 ACTING PRESIDENT O'MARA: Read the
25 last section.
4005
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT O'MARA: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT O'MARA: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1551, by Senator Seward, Senate Print 5062A, an
11 act to authorize.
12 ACTING PRESIDENT O'MARA: There is
13 a home-rule message at the desk.
14 The Secretary will read the last
15 section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1552, by Senator Seward, Senate Print 5063A, an
4006
1 act to authorize.
2 ACTING PRESIDENT O'MARA: There is
3 a home-rule message at the desk.
4 The Secretary will read the last
5 section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: In relation to
12 Calendar Number 1552: Ayes, 62.
13 ACTING PRESIDENT O'MARA: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1553, by Senator Murphy, Senate Print 5078, an
17 act to amend the Environmental Conservation Law.
18 ACTING PRESIDENT O'MARA: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT O'MARA: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT O'MARA: Senator
4007
1 Krueger to explain your vote.
2 SENATOR KRUEGER: Thank you,
3 Mr. President.
4 Apparently this bill would actually
5 overstep not just DEC's authority, but the
6 federal Environmental Protection Agency as well.
7 Only the EPA can create provisions of variance in
8 the water pollution control laws.
9 So while I agree with my colleague
10 that there are cost concerns for meeting the
11 needs of our storm and sewer problems at the
12 municipal level -- it's one of the reasons I
13 think both sides of the aisle have urged expanded
14 funding for dealing with sewer problems and
15 stormwater overflow issues in various localities
16 around the state -- the solution cannot be this
17 bill, which would actually increase the amount of
18 dirty water that was distributed and violate
19 federal water pollution control laws.
20 I urge a no vote by everyone.
21 Thank you, Mr. President.
22 ACTING PRESIDENT O'MARA: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 1553, those recorded in the negative are
4008
1 Senators Addabbo, Avella, Breslin, Carlucci,
2 Comrie, Dilan, Espaillat, Gianaris, Hamilton,
3 Hassell-Thompson, Hoylman, Kennedy, Klein,
4 Latimer, LaValle, Marcellino, Montgomery,
5 Panepinto, Parker, Peralta, Rivera, Sampson,
6 Sanders, Savino, Serrano, Squadron, Stavisky,
7 Stewart-Cousins and Valesky. Also Senator Díaz.
8 Ayes, 32. Nays, 30.
9 ACTING PRESIDENT O'MARA: The bill
10 is passed.
11 (Reaction from Senators.)
12 ACTING PRESIDENT O'MARA: The
13 Secretary will read.
14 THE SECRETARY: In relation to
15 Calendar 1554, Senator Griffo moves to discharge,
16 from the Committee on Health, Assembly Bill
17 Number 7060 and substitute it for the identical
18 Senate Bill Number 5086, Third Reading Calendar
19 1554.
20 ACTING PRESIDENT O'MARA: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1554, by Member of the Assembly Gottfried,
25 Assembly Print 7060, an act to amend the Public
4009
1 Health Law.
2 ACTING PRESIDENT O'MARA: Read the
3 last section.
4 SENATOR VALESKY: Lay it aside.
5 ACTING PRESIDENT O'MARA: The bill
6 is laid aside.
7 THE SECRETARY: In relation to
8 Calendar 1555, Senator Ritchie moves to
9 discharge, from the Committee on Children and
10 Families, Assembly Bill Number 7135 and
11 substitute it for the identical Senate Bill
12 Number 5091, Third Reading Calendar 1555.
13 ACTING PRESIDENT O'MARA: The
14 substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1555, by Member of the Assembly Gunther, Assembly
18 Print Number 7135, an act to amend the Social
19 Services Law.
20 ACTING PRESIDENT O'MARA: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT O'MARA: Call the
25 roll.
4010
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT O'MARA: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1556, by Senator Skelos, Senate Print 5179C, an
7 act to authorize.
8 ACTING PRESIDENT O'MARA: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT O'MARA: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: In relation to
16 Calendar 1556: Ayes, 60. Nays, 2. Senators
17 Bonacic and O'Mara recorded in the negative.
18 ACTING PRESIDENT O'MARA: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1557, by Senator Nozzolio, Senate Print 5181B, an
22 act to amend the Environmental Conservation Law.
23 ACTING PRESIDENT O'MARA: Read the
24 last section.
25 THE SECRETARY: Section 4. This
4011
1 act shall take effect immediately.
2 ACTING PRESIDENT O'MARA: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: In relation to
6 Calendar 1557, those recorded in the negative are
7 Senators Espaillat, Hoylman, Perkins and Serrano.
8 Ayes, 58. Nays, 4.
9 ACTING PRESIDENT O'MARA: The bill
10 is passed.
11 THE SECRETARY: In relation to
12 Calendar 1558, Senator Felder moves to discharge,
13 from the Committee on Rules, Assembly Bill Number
14 7679 and substitute it for the identical Senate
15 Bill Number 5258A, Third Reading Calendar 1558.
16 ACTING PRESIDENT O'MARA: The
17 substitution is so ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1558, by Member of the Assembly Lupardo, Assembly
21 Print 7679, an act to amend the Family Court Act.
22 ACTING PRESIDENT O'MARA: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4012
1 ACTING PRESIDENT O'MARA: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: In relation to
5 Calendar 1558: Ayes, 62.
6 ACTING PRESIDENT O'MARA: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1559, by Senator Little, Senate Print 5270, an
10 act to amend the Mental Hygiene Law.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT O'MARA: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: In relation to
19 Calendar 1559, those recorded in the negative are
20 Senators Dilan, Hassell-Thompson, Montgomery,
21 Parker and Perkins.
22 Ayes, 57. Nays, 5.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: In relation to
4013
1 Calendar 1560, Senator Martins moves to
2 discharge, from the Committee on Rules,
3 Assembly Bill Number 6902B and substitute it for
4 the identical Senate Bill Number 5283A, Third
5 Reading Calendar 1560.
6 ACTING PRESIDENT O'MARA: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1560, by Member of the Assembly Blake, Assembly
11 Print 6902B, an act to amend the State Finance
12 Law.
13 ACTING PRESIDENT O'MARA: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day.
17 ACTING PRESIDENT O'MARA: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT O'MARA: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1561, by Senator Bonacic, Senate Print 5379A, an
25 act to allow.
4014
1 ACTING PRESIDENT O'MARA: There is
2 a home-rule message at the desk.
3 The Secretary will read the last
4 section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1562, by Senator Murphy, Senate Print 5418, an
15 act to amend the State Administrative Procedure
16 Act.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect October 1, 2015.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT O'MARA: The bill
4015
1 is passed.
2 THE SECRETARY: In relation to
3 Calendar 1563, Senator Serino moves to discharge,
4 from the Committee on Children and Families,
5 Assembly Bill Number 4469 and substitute it for
6 the identical Senate Bill Number 5419, Third
7 Reading Calendar 1563.
8 ACTING PRESIDENT O'MARA: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1563, by Member of the Assembly Barrett, Assembly
13 Print Number 4469, an act to amend the Social
14 Services Law.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT O'MARA: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4016
1 1564, by Senator LaValle, Senate Print 5444, an
2 act to amend the Economic Development Law.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT O'MARA: Senator
11 Hoylman to explain your vote.
12 SENATOR HOYLMAN: Thank you,
13 Mr. President. I just want to explain my vote,
14 since I seem to be the lone -- oh, with Senator
15 Krueger. One of two.
16 I think fishing is obviously an
17 important commercial industry, but the oversight
18 of our precious natural resources should remain
19 in the hands of the people, and that is our State
20 DEC. So I'll be voting nay.
21 Thank you.
22 ACTING PRESIDENT O'MARA: Senator
23 Hoylman to be recorded in the negative.
24 Announce the result.
25 THE SECRETARY: In relation to
4017
1 Calendar 1564, those recorded in the negative are
2 Senators Hoylman, Krueger, Sanders and Squadron.
3 Ayes, 58. Nays, 4.
4 ACTING PRESIDENT O'MARA: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1565, by Senator Golden, Senate Print 5464, an
8 act to amend the Environmental Conservation Law.
9 ACTING PRESIDENT O'MARA: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT O'MARA: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT O'MARA: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1566, by Senator Felder, Senate Print 5467A, an
21 act to amend Chapter 548 of the Laws of 2010.
22 ACTING PRESIDENT O'MARA: There is
23 a home-rule message at the desk.
24 The Secretary will read the last
25 section.
4018
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT O'MARA: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT O'MARA: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1567, by Senator Klein, Senate Print 5485A, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT O'MARA: Read the
13 last section.
14 SENATOR VALESKY: Lay it aside
15 temporarily.
16 ACTING PRESIDENT O'MARA: The bill
17 is laid aside temporarily.
18 THE SECRETARY: In relation to
19 Calendar 1568, Senator Marcellino moves to
20 discharge, from the Committee on Rules, Assembly
21 Bill Number 7419 and substitute it for the
22 identical Senate Bill Number 5492, Third Reading
23 Calendar 1568.
24 ACTING PRESIDENT O'MARA: The
25 substitution is so ordered.
4019
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1568, by Member of the Assembly Farrell, Assembly
4 Print Number 7419, an act to amend the State
5 Finance Law.
6 ACTING PRESIDENT O'MARA: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT O'MARA: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT O'MARA: The bill
15 is passed.
16 THE SECRETARY: In relation to
17 Calendar 1569, Senator Serino moves to discharge,
18 from the Committee on Corporations, Authorities
19 and Commissions, Assembly Print Number 1273 and
20 substitute it for the identical Senate Bill
21 Number 5500, Third Reading Calendar 1569.
22 ACTING PRESIDENT O'MARA: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
4020
1 1569, by Member of the Assembly Cahill, Assembly
2 Print Number 1273, an act creating.
3 ACTING PRESIDENT O'MARA: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT O'MARA: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1570, by Senator Savino, Senate Print 5506A, an
15 act to amend the Personal Property Law.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of January.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: In relation to
24 Calendar 1570, those recorded in the negative are
25 Senators DeFrancisco, Marchione and Seward.
4021
1 Ayes, 59. Nays, 3.
2 ACTING PRESIDENT O'MARA: The bill
3 is passed.
4 THE SECRETARY: In relation to
5 Calendar 1571, Senator Robach moves to discharge,
6 from the Committee on Aging, Assembly Bill Number
7 7619 and substitute it for the identical Senate
8 Bill Number 5509, Third Reading Calendar 1571.
9 ACTING PRESIDENT O'MARA: The
10 substitution is so ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1571, by Member of the Assembly Morelle, Assembly
14 Print 7619, an act to amend Chapter 633 of the
15 Laws of 2006.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
4022
1 THE SECRETARY: In relation to
2 Calendar 1572, Senator LaValle moves to
3 discharge, from the Committee on Environmental
4 Conservation, Assembly Bill Number 7578 and
5 substitute it for the identical Senate Bill
6 Number 5516A, Third Reading Calendar 1572.
7 ACTING PRESIDENT O'MARA: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1572, by Member of the Assembly Englebright,
12 Assembly Print Number 7578, an act to amend the
13 Environmental Conservation Law.
14 ACTING PRESIDENT O'MARA: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: In relation to
25 Calendar 1573, Senator Amedore moves to
4023
1 discharge, from the Committee on Rules, Assembly
2 Bill Number 7604 and substitute it for the
3 identical Senate Bill Number 5539, Third Reading
4 Calendar 1573.
5 ACTING PRESIDENT O'MARA: The
6 substitution is so ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1573, by Member of the Assembly Lopez, Assembly
10 Print Number 7604, an act to authorize.
11 ACTING PRESIDENT O'MARA: There is
12 a home-rule message at the desk.
13 The Secretary will read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT O'MARA: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT O'MARA: The bill
22 is passed.
23 THE SECRETARY: In relation to
24 Calendar 1574, Senator Murphy moves to discharge,
25 from the Committee on Finance, Assembly Bill
4024
1 Number 7681A and substitute it for the identical
2 Senate Bill Number 5540A, Third Reading Calendar
3 1574.
4 ACTING PRESIDENT O'MARA: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1574, by Member of the Assembly Gottfried,
9 Assembly Print Number 7681A, an act to amend the
10 Social Services Law.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT O'MARA: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT O'MARA: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1575, by Senator Ritchie, Senate Print 5544A, an
23 act to amend the Mental Hygiene Law.
24 ACTING PRESIDENT O'MARA: Read the
25 last section.
4025
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT O'MARA: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT O'MARA: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1576, by Senator Ortt, Senate Print 5564, an act
11 in relation to allowing.
12 ACTING PRESIDENT O'MARA: There is
13 a home-rule message at the desk.
14 The Secretary will read the last
15 section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1577, by Senator Valesky, Senate Print 5572, an
4026
1 act to amend the Workers' Compensation Law.
2 SENATOR VALESKY: Lay it aside for
3 the day.
4 ACTING PRESIDENT O'MARA: The bill
5 is laid aside for the day.
6 THE SECRETARY: Calendar Number
7 1578, by Senator Seward, Senate Print 5637, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT O'MARA: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 120th day.
13 ACTING PRESIDENT O'MARA: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 61. Nays, 1.
17 Senator Dilan recorded in the negative.
18 ACTING PRESIDENT O'MARA: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1579, by Senator Marcellino, Senate Print 5669A,
22 an act relating to legalizing, validating,
23 ratifying and confirming.
24 ACTING PRESIDENT O'MARA: Read the
25 last section.
4027
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT O'MARA: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT O'MARA: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1580, by Senator Griffo, Senate Print 5677, an
11 act to amend the Criminal Procedure Law.
12 ACTING PRESIDENT O'MARA: Read the
13 last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT O'MARA: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT O'MARA: Senator
20 DeFrancisco to explain your vote.
21 SENATOR DeFRANCISCO: Yes, I'm
22 going to vote no.
23 I always try -- as a veteran, I
24 always try to support veterans bills. This
25 diverts a normal criminal charge, I guess just
4028
1 misdemeanors, to a veterans court. And
2 there's -- it's basically for all veterans.
3 And there may be veterans that have
4 certain circumstances that would require a
5 special look by a special court dealing with
6 veterans issues, but I think it's -- the
7 definition of "veteran" has got to be more
8 defined for those who might need a special look
9 at a case, rather than every veteran who's ever
10 been in the military.
11 ACTING PRESIDENT O'MARA: Announce
12 the result.
13 THE SECRETARY: Ayes, 61. Nays, 1.
14 Senator DeFrancisco recorded in the negative.
15 ACTING PRESIDENT O'MARA: The bill
16 is passed.
17 THE SECRETARY: In relation to
18 Calendar 1581, Senator Serino moves to discharge,
19 from the Committee on Rules, Assembly Bill Number
20 7820 and substitute it for the identical Senate
21 Bill Number 5702, Third Reading Calendar 1581.
22 ACTING PRESIDENT O'MARA: The
23 substitution is so ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
4029
1 1581, by Member of the Assembly Cymbrowitz,
2 Assembly Print Number 7820, an act to amend the
3 Elder Law.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT O'MARA: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1582, by Senator Ritchie, Senate Print 5707A, an
16 act to amend the Alcoholic Beverage Control Law.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60. Nays, 2.
25 Senators Díaz and Espaillat recorded in the
4030
1 negative.
2 ACTING PRESIDENT O'MARA: The bill
3 is passed.
4 THE SECRETARY: In relation to
5 Calendar 1583, Senator LaValle moves to
6 discharge, from the Committee on Environmental
7 Conservation, Assembly Print Number 7883 and
8 substitute it for the identical Senate Bill
9 Number 5714, Third Reading Calendar 1583.
10 ACTING PRESIDENT O'MARA: The
11 substitution is so ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1583, by Member of the Assembly Englebright,
15 Assembly Print Number 7883, an act to amend the
16 Environmental Conservation Law.
17 ACTING PRESIDENT O'MARA: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 90th day.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT O'MARA: The bill
4031
1 is passed.
2 THE SECRETARY: In relation to
3 Calendar 1584, Senator Libous moves to discharge,
4 from the Committee on Environmental Conservation,
5 Assembly Print Number 6108 and substitute it for
6 the identical Senate Bill Number 5717, Third
7 Reading Calendar 1584.
8 ACTING PRESIDENT O'MARA: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1584, by Member of the Assembly Russell, Assembly
13 Print Number 6108, an act to amend Chapter 455 of
14 the Laws of 2011.
15 ACTING PRESIDENT O'MARA: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT O'MARA: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61. Nays, 1.
23 Senator Serrano recorded in the negative.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
4032
1 THE SECRETARY: In relation to
2 Calendar 1585, Senator Robach moves to discharge,
3 from the Committee on Health, Assembly Bill
4 Number 7620 and substitute it for the identical
5 Senate Bill Number 5731, Third Reading Calendar
6 1585.
7 ACTING PRESIDENT O'MARA: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1585, by Member of the Assembly Morelle, Assembly
12 Print Number 7620, an act to amend Chapter 371 of
13 the Laws of 2009.
14 ACTING PRESIDENT O'MARA: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT O'MARA: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 THE SECRETARY: In relation to
25 Calendar 1586, Senator Young moves to discharge,
4033
1 from the Committee on Health, Assembly Bill
2 Number 7488 and substitute it for the identical
3 Senate Bill Number 5733, Third Reading Calendar
4 1586.
5 ACTING PRESIDENT O'MARA: The
6 substitution is so ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1586, by Member of the Assembly Gottfried,
10 Assembly Print Number 7488, an act to amend the
11 Public Health Law.
12 ACTING PRESIDENT O'MARA: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the same date and in the
16 same manner as Chapter 550 of the Laws of 2014.
17 ACTING PRESIDENT O'MARA: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT O'MARA: The bill
22 is passed.
23 THE SECRETARY: In relation to
24 Calendar 1587, Senator Seward moves to discharge,
25 from the Committee on Insurance, Assembly Bill
4034
1 Number 7943 and substitute it for the identical
2 Senate Bill Number 5758, Third Reading Calendar
3 1587.
4 ACTING PRESIDENT O'MARA: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1587, by Member of the Assembly Cahill, Assembly
9 Print Number 7943, an act to amend Chapter 440 of
10 the Laws of 2012.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT O'MARA: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT O'MARA: The bill
20 is passed.
21 THE SECRETARY: In relation to
22 Calendar 1588, Senator LaValle moves to
23 discharge, from the Committee on Education,
24 Assembly Bill Number 6973A and substitute it for
25 the identical Senate Bill Number 5769, Third
4035
1 Reading Calendar 1588.
2 ACTING PRESIDENT O'MARA: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1588, by Member of the Assembly Pichardo,
7 Assembly Print Number 6973A, an act to amend an
8 act to amend Chapter 434 of the Laws of 1999.
9 ACTING PRESIDENT O'MARA: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT O'MARA: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT O'MARA: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1589, by Senator Marcellino, Senate Print 5773,
21 an act to amend Section 16 of Part A of
22 Chapter 173 of the Laws of 2013.
23 ACTING PRESIDENT O'MARA: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4036
1 act shall take effect immediately.
2 ACTING PRESIDENT O'MARA: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT O'MARA: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1590, by Senator Marchione, Senate Print 5792, an
10 act to amend the Criminal Procedure Law.
11 ACTING PRESIDENT O'MARA: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 SENATOR DeFRANCISCO: Lay it aside
16 for the day, please.
17 ACTING PRESIDENT O'MARA: Lay the
18 bill aside for the day.
19 THE SECRETARY: Calendar Number
20 1591, by Senator Serino, Senate Print 5802, an
21 act to amend the Environmental --
22 SENATOR DeFRANCISCO: Lay it aside
23 for the day.
24 ACTING PRESIDENT O'MARA: The bill
25 is laid aside for the day.
4037
1 THE SECRETARY: Calendar Number
2 1592, by Senator Serino, Senate Print 5803 --
3 SENATOR DeFRANCISCO: Lay the bill
4 aside for the day, please.
5 ACTING PRESIDENT O'MARA: That bill
6 is laid aside for the day.
7 THE SECRETARY: Calendar Number
8 1593, by Senator Serino, Senate Print 5804 --
9 SENATOR DeFRANCISCO: Ditto.
10 (Laughter.)
11 ACTING PRESIDENT O'MARA: The bill
12 is laid aside for the day.
13 THE SECRETARY: Calendar Number
14 1594, by Senator Serrano, Senate Print 5813B, an
15 act to amend Chapter 899 of the Laws of 1984.
16 ACTING PRESIDENT O'MARA: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT O'MARA: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT O'MARA: The bill
25 is passed.
4038
1 THE SECRETARY: Calendar Number
2 1595, by Senator Nozzolio, Senate Print 5832A, an
3 act to amend the Criminal Procedure Law.
4 ACTING PRESIDENT O'MARA: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT O'MARA: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT O'MARA: The bill
13 is passed.
14 THE SECRETARY: In relation to
15 Calendar 1596, Senator Serino moves to discharge,
16 from the Committee on Aging, Assembly Bill Number
17 928 and substitute it for the identical Senate
18 Bill Number 5905, Third Reading Calendar 1596.
19 ACTING PRESIDENT O'MARA: The
20 substitution is so ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1596, by Member of the Assembly Miller,
24 Assembly Print Number 928, an act to amend the
25 Executive Law.
4039
1 ACTING PRESIDENT O'MARA: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT O'MARA: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT O'MARA: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1597, by the Senate Committee on Rules, Senate
13 Print 5953, an act to amend Chapter 576 of the
14 Laws of 1974.
15 SENATOR GIANARIS: Lay it aside.
16 ACTING PRESIDENT O'MARA: The bill
17 is laid aside.
18 THE SECRETARY: Calendar Number
19 1598, by Senator Flanagan, Senate Print 5954, an
20 act to amend Chapter 56 of the Laws of 2015.
21 SENATOR GIANARIS: Lay it aside.
22 ACTING PRESIDENT O'MARA: The bill
23 is laid aside.
24 Senator DeFrancisco, that completes
25 the noncontroversial reading of the supplemental
4040
1 calendar.
2 SENATOR DeFRANCISCO: Yes, can we
3 go back to Calendar Number 1553, Senate Print
4 5078, by Senator Murphy. I'd like to move to
5 reconsider the vote by which this bill was
6 passed.
7 ACTING PRESIDENT O'MARA: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 1553, by Senator Murphy, Senate Print 5078, an
11 act to amend the Environmental Conservation Law.
12 ACTING PRESIDENT O'MARA: Call the
13 roll on reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 SENATOR DeFRANCISCO: Can we
17 restore that to the Third Reading Calendar.
18 ACTING PRESIDENT O'MARA: The bill
19 is restored to the Third Reading Calendar.
20 SENATOR DeFRANCISCO: Now can we go
21 back to our active list for the day, not the
22 supplemental calendar.
23 I believe one bill has been laid
24 aside. And if we'd read that controversial part
25 of the calendar.
4041
1 ACTING PRESIDENT O'MARA: The
2 Secretary will ring the bell.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 928, by Senator Marchione, Senate Print 1197, an
6 act to amend the Tax Law.
7 ACTING PRESIDENT O'MARA: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT O'MARA: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT O'MARA: Senator
15 Marchione to explain your vote.
16 SENATOR MARCHIONE: Yes, thank you,
17 Mr. President.
18 I find it interesting that this bill
19 has created such controversy when in effect all
20 it does is allow snowmobiles and ATVs to follow
21 the same process in the collection of sales tax
22 as every other motor vehicle.
23 Currently, if you bought an ATV or a
24 snowmobile you would have to pay the higher sales
25 tax, depending on whether you purchased it in a
4042
1 certain county or you're using it in a certain
2 county. Then the person has to explain and show
3 residency, when the 802 form of the Department of
4 Motor Vehicles just states every other motor
5 vehicle, including boats, you pay the sales tax
6 from the county in which you live. So if it's
7 higher, you pay your own county sales tax just
8 like every other motor vehicle.
9 This law does nothing except create
10 parity amongst all motor vehicles in the State of
11 New York. It truly raises the sales tax on
12 absolutely no one, and would lower the sales tax
13 on people whose counties may have a lesser
14 percentage.
15 So I vote aye, Mr. President.
16 Thank you.
17 ACTING PRESIDENT O'MARA: Senator
18 Marchione to be recorded in the affirmative.
19 The Secretary will announce the
20 results.
21 THE SECRETARY: In relation to
22 Calendar 928, those recorded in the negative are
23 Senators Addabbo, Breslin, Comrie, Díaz, Dilan,
24 Espaillat, Gianaris, Hamilton, Hassell-Thompson,
25 Hoylman, Kennedy, Krueger, Latimer, Montgomery,
4043
1 Panepinto, Parker, Peralta, Perkins, Rivera,
2 Sampson, Sanders, Serrano, Squadron, Stavisky and
3 Stewart-Cousins.
4 Absent from voting: Senators Boyle
5 and Young.
6 Ayes, 35. Nays, 25.
7 ACTING PRESIDENT O'MARA: The bill
8 is passed.
9 Senator DeFrancisco, that completes
10 the controversial reading of today's active list.
11 SENATOR DEFRANCISCO: All right,
12 now if we could go to the controversial reading
13 of the supplemental calendar and start with
14 Calendar 1554, by Senator Griffo.
15 ACTING PRESIDENT O'MARA: The
16 Secretary will read Calendar 1554.
17 THE SECRETARY: Calendar Number
18 1554, substituted earlier by Member of the
19 Assembly Gottfried, Assembly Print Number 7060,
20 an act to amend the Public Health Law.
21 SENATOR VALESKY: Explanation.
22 ACTING PRESIDENT O'MARA: An
23 explanation has been requested.
24 Senator Griffo.
25 SENATOR GRIFFO: Mr. President, I
4044
1 want to thank you for the opportunity.
2 And essentially last year, thanks to
3 the compassion and the efforts of Senator Savino
4 and Senator Larkin here, the Compassionate Care
5 Act was passed.
6 ACTING PRESIDENT O'MARA:
7 (Gaveling.) Can we have some quiet, please, in
8 the chamber.
9 SENATOR GRIFFO: Some of the
10 concerns that we've seen as a result, from
11 various individuals who continually suffer, has
12 caused members to request whether or not there
13 could be a way to expedite access, particularly
14 for those who have specific types of cases that
15 have been identified and potentially can be
16 treated by access.
17 The current procedure was
18 established and is taking some time. But as we
19 deal with these individuals -- and I come from
20 this particularly because I've had the
21 opportunity to meet various families,
22 particularly from where I come from, who are
23 having some serious problems and their children
24 are at serious risk right now.
25 And while this body went and
4045
1 undertook an effort to ensure that there would be
2 true compassion, there would be a true
3 opportunity to help those who have great need.
4 The concern that has been expressed and that has
5 arisen is what happens to these individuals who
6 are suffering and potentially are at serious risk
7 and could potentially lose their life as they
8 continue to wait.
9 I met Mackenzie Kulawy, a very young
10 girl who has a unique form of epilepsy which
11 causes her to fall down three times a day and
12 experience other significant episodes. And her
13 parents and her grandparents always are living in
14 fear and know that there is a possibility now
15 that there can be something that will help
16 Mackenzie.
17 We've heard stories of Rebecca Campo
18 from Staten Island, a young lady from Niagara
19 Falls. All these are very gut-wrenching stories,
20 really, that have brought forward the need for us
21 to do something.
22 We have reached out and have
23 discussed this even in the confirmation hearings
24 of the commissioner, and we have tried to
25 determine what if anything can be done that is
4046
1 not being done already.
2 And it is our belief that a large
3 part of what we are asking potentially can be
4 done and should be done. But what this bill
5 would do is to direct that we begin that process
6 in earnest, and essentially establishes the
7 criteria and the mannerisms in which that would
8 be allowed, in order to not only establish the
9 time frames and the certifications but also the
10 need to act.
11 There's a unique need, as I said.
12 There are countless cases that we have seen and
13 witnessed. There's actually been some national
14 stories that have just been televised, I think on
15 NBC recently nationally, where you can see where
16 some of these individuals are going through these
17 episodes, particularly those with some unique
18 forms of epilepsy, which could be taken care of
19 as a result of this access. And there's no
20 reason for them to continue to suffer but, more
21 importantly, to have their lives at risk as they
22 wait for this to happen.
23 So most of what is put together in
24 the proposal here essentially, while we
25 understand there was time needed for a functional
4047
1 system to be put in place, really allows this
2 body now to establish this temporary interim
3 program that will help a select group of patients
4 who may not survive as they're waiting for the
5 Compassionate Care Act to be fully formatted and
6 in place.
7 So for that reason, this legislation
8 was put forward. And I am available for
9 questions.
10 ACTING PRESIDENT O'MARA: Senator
11 Savino.
12 SENATOR SAVINO: Thank you,
13 Mr. President. Through you, would the sponsor
14 yield for some questions?
15 ACTING PRESIDENT O'MARA: Will you
16 yield, Senator Griffo?
17 SENATOR GRIFFO: The sponsor
18 yields.
19 SENATOR SAVINO: Thank you,
20 Mr. President. Through you.
21 Senator Griffo, I'm certainly
22 pleased to see that you have come around in your
23 thinking with respect to the efficacy and the
24 palliative treatment that marijuana can provide
25 to patients, since I spent the better part of two
4048
1 years working on this legislation, lobbying many
2 of you here in this room, working to build
3 support. I was unable to secure your support for
4 the bill last year. I'm happy to see that you've
5 come around to my way of thinking.
6 But I have some serious concerns
7 about your bill, and I'd like to go through some
8 questions.
9 SENATOR GRIFFO: Senator Savino, if
10 I may. I agree, and that's why I applauded your
11 efforts and that of Senator Larkin's equally, who
12 was a very important advocate in that regard too,
13 and worked very hard.
14 And as you said, I had some
15 reservations and concerns in the manner in which
16 it was put forth -- not so much in the intent to
17 have empathy for those who have need. But there
18 were many provisions, and I know that you did the
19 best you could at the time, but that's the way I
20 felt.
21 But this bill is -- unlike, as you
22 said, this is allowing earlier access. And as
23 you said that I've come around, I want to remind
24 you that in Bill 4406D, which you sponsored,
25 which is similar to the bill that I have before
4049
1 the house right now, in Section 3366 you allowed
2 for this expedited registration. And you were
3 actually advocating for something that I'm
4 putting before the house today.
5 SENATOR SAVINO: Through you,
6 Mr. President.
7 Thank you, Senator Griffo, for
8 reminding me of one of the many iterations of the
9 previous Compassionate Care Act.
10 As you know, legislation, as they
11 say, is like sausage making. There's a lot of
12 stuff that goes into it in the beginning that may
13 not make it into the final cut.
14 Emergency access has always been an
15 issue that was heavily supported by the Assembly
16 sponsor, Assemblyman Gottfried. I agreed to
17 support him in his efforts, and during the
18 discussion phase -- and I feel like I'm the one
19 being questioned. But during the discussion
20 phase of the legislation last year, it became
21 clear that emergency access would require
22 something that we were unable to get, and that
23 would be a waiver from the federal government.
24 Are you aware, Senator Griffo, that
25 the State of New York, subsequent to the signing
4050
1 of the Compassionate Care Act, did in fact
2 request a federal waiver for the issue of
3 expedited access?
4 SENATOR GRIFFO: Mr. President,
5 through you.
6 Yes, Senator Savino. In fact, I
7 know Senator Hannon -- I remember we joined, a
8 number of us, in support of him as he wrote a
9 letter making that request to the federal
10 government.
11 SENATOR SAVINO: Through you,
12 Mr. President, would the sponsor continue to
13 yield?
14 SENATOR GRIFFO: The sponsor
15 yields.
16 ACTING PRESIDENT O'MARA: Proceed.
17 SENATOR SAVINO: Since you are
18 aware that we made a request, through the
19 Governor's office, to the federal government for
20 a waiver for the purposes of expedited access,
21 you must be aware, then, that the response from
22 the federal government was a resounding no.
23 SENATOR GRIFFO: Mr. President,
24 through you.
25 Yes, Senator Savino, I am aware of
4051
1 that.
2 But again, I think that this would
3 allow us to waive or modify those requirements
4 here and to clearly, with legislative intent and
5 purpose, to state something that I believe that
6 the DOH can begin to do today. And I think in
7 essence what we're saying to the Department of
8 Health is please move.
9 SENATOR SAVINO: Through you,
10 Mr. President, would the sponsor continue to
11 yield?
12 SENATOR GRIFFO: The sponsor
13 yields.
14 SENATOR SAVINO: Thank you.
15 I notice in your legislation that
16 the bill would add a special certification to the
17 Compassionate Care Act as a certification for a
18 patient whose condition is progressive and
19 degenerative or for whom a delay in the medical
20 use of medical marijuana poses a serious risk to
21 live or health.
22 The question I have, Senator Griffo,
23 is who would make that determination and who
24 would apply that special certification?
25 SENATOR GRIFFO: Mr. President,
4052
1 through you.
2 Senator Savino, it would be my
3 understanding that we would allow the
4 commissioner of the Department of Health to do
5 so, and that is something that would given to him
6 within the parameters of the existing statute.
7 SENATOR SAVINO: Through you,
8 Mr. President, would the sponsor continue to
9 yield?
10 SENATOR GRIFFO: I do.
11 ACTING PRESIDENT O'MARA: Proceed.
12 SENATOR GRIFFO: May I add that
13 that would include doctors also, Senator Savino.
14 SENATOR SAVINO: As you may be
15 aware, the Compassionate Care Act that was signed
16 by the Governor, which delineated specific
17 conditions by which people would be eligible to
18 become a certified patient under our program,
19 also had a requirement that that certification be
20 made as a recommendation by their treating
21 physician, who had a treating relationship with
22 that patient for that underlying condition, prior
23 to the Department of Health even considering that
24 person.
25 So under your bill are we
4053
1 substituting that process and allowing someone
2 who's never treated a patient to make a
3 determination that they have a degenerative
4 condition that would allow them to gain access
5 prior to the other restrictions under the bill?
6 SENATOR GRIFFO: Mr. President,
7 through you.
8 Senator Savino, no, I believe that
9 through this legislation we are setting up a
10 certification process of the patient by a medical
11 doctor as to having that particular condition.
12 SENATOR SAVINO: Through you,
13 Mr. President, would the sponsor continue to
14 yield?
15 ACTING PRESIDENT O'MARA: Do you
16 continue to yield, Senator Griffo?
17 SENATOR GRIFFO: The sponsor
18 yields.
19 SENATOR SAVINO: Senator Griffo,
20 are you aware, under the law that we enacted last
21 year, that prior to a doctor making a
22 recommendation for a patient to become certified
23 by the state's Commissioner of Health as a
24 medical marijuana patient, that doctor has to
25 receive training?
4054
1 SENATOR GRIFFO: Mr. President,
2 through you.
3 Senator Savino, I believe that yes,
4 and the commissioner can do that quicker.
5 SENATOR SAVINO: Through you,
6 Mr. President, will the sponsor yield?
7 SENATOR GRIFFO: Yes.
8 SENATOR SAVINO: I'm not sure I
9 agree with that, since the Commissioner of Health
10 has not yet certified a programmed or a
11 curriculum for the training of physicians so that
12 they will be able to become recommending
13 physicians for patients through the state's
14 Department of Health and to become eligible in
15 our medical marijuana program.
16 So if we were to pass this law and
17 the Governor were to see fit to sign this law,
18 how would that exactly happen, since we don't
19 have an adopted curriculum yet?
20 SENATOR GRIFFO: Excuse me,
21 Mr. President.
22 Could you just repeat that,
23 Senator Savino? I'm sorry.
24 SENATOR SAVINO: Through you,
25 Mr. President.
4055
1 The question is how would we even be
2 able to begin recommending patients, since the
3 State Department of Health has not yet adopted a
4 curriculum for the training of physicians, which
5 is required under the Compassionate Care Act
6 itself.
7 SENATOR GRIFFO: Mr. President,
8 through you.
9 Senator Savino, I believe that as a
10 result of the law, the commissioner does have the
11 right and the responsibility to accelerate these
12 type of regulations and procedures and forms in
13 order to certify accordingly, so that doctors can
14 be certified and accordingly then be available to
15 be a part of that relationship between the
16 patient, the doctor, and the program.
17 SENATOR SAVINO: Through you,
18 Mr. President, will the sponsor continue to
19 yield?
20 SENATOR GRIFFO: I do.
21 SENATOR SAVINO: But as of yet, the
22 Commissioner of Health has not done that. So we
23 do not have a single doctor in the State of
24 New York who has been trained in understanding
25 how medical marijuana works, how to dose it, how
4056
1 to prescribe it, how to recommend it.
2 Not one doctor has yet had a
3 conversation with one patient about whether or
4 not they should in fact be recommended for the
5 use of medical marijuana in this state.
6 Is that not the case?
7 SENATOR GRIFFO: Mr. President,
8 through you.
9 Senator Savino, I believe that there
10 have been relationships between patients and
11 doctors where they will have an understanding,
12 from familiarization to their conditions and the
13 needs and potential benefits that could be
14 derived from access.
15 And I believe in this particular
16 instance, again, the department can accelerate
17 this and would allow for that opportunity to
18 exist.
19 SENATOR SAVINO: Through you,
20 Mr. President, will the sponsor continue to
21 yield? Mr. President?
22 SENATOR GRIFFO: Yes.
23 ACTING PRESIDENT O'MARA: Proceed.
24 SENATOR SAVINO: Thank you.
25 Senator Griffo, that may or may not
4057
1 be true. But as I stated, the original bill
2 requires, prior to a single patient being
3 recommended -- forget about approved by the State
4 Department of Health -- prior to a single patient
5 being recommended, physicians must be trained by
6 an approved curriculum.
7 That curriculum has not yet been
8 adopted by the State of New York. There are no
9 physicians who are able to make that
10 recommendation even if we were to pass this
11 today.
12 But I'd like to move on to the issue
13 of how we would determine who would be eligible
14 to be considered as a registered organization
15 under this expedited access program.
16 As you are aware, the Compassionate
17 Care Act allows for the establishment of five
18 license holders in the State of New York with
19 20 dispensaries. Friday, June 5th, was the
20 deadline by which they had to apply to become
21 considered by the State Department of Health and
22 the State Police. Forty-three applicants have
23 applied for a license, one of five licenses in
24 this state.
25 Under your bill, would one of those
4058
1 be one of the ones that would have to be
2 considered? Could it be someone else? Could it
3 be someone who's not here in this state? Who
4 would be the potential recipient of this
5 emergency license? And how would that decision
6 be made?
7 SENATOR GRIFFO: Mr. President,
8 through you.
9 The authorizing licensing under
10 Section 5 of this bill of registered
11 organizations to serve patients, again, it would
12 be those who comply and those who would register.
13 So there's a possibility that it's consistent
14 with the Compassionate Care Act.
15 It also could be somebody already in
16 business. And I'm not sure, you know, where they
17 may be from, but it would be people that could
18 either have already been in some type of business
19 somewhere else. So that would go to that point,
20 I guess, that you raised.
21 But they would have to comply with
22 the authorizing licensing of any registered
23 organizations that are established by the
24 Department of Health.
25 SENATOR SAVINO: Through you,
4059
1 Mr. President, would the sponsor continue to
2 yield?
3 SENATOR GRIFFO: Yes.
4 ACTING PRESIDENT O'MARA: Proceed.
5 SENATOR SAVINO: Thank you.
6 Thank you, Senator Griffo.
7 Of the potential 43 people who have
8 already applied or maybe the dozens that decided
9 not to apply because they thought the New York
10 State program might be too restrictive or take
11 too long, that could potentially open up the
12 possibility of litigation against the state for
13 cherry-picking a particular applicant.
14 Is there any concern on your part
15 that this could lead to litigation against the
16 state, as it did in Massachusetts?
17 SENATOR GRIFFO: Mr. President,
18 through you.
19 Senator Savino, I believe that it
20 applies to a separate section. And I don't
21 believe that that's possible. But I'm not an
22 attorney, so I don't know that I could
23 specifically answer that.
24 But I do not believe, based upon the
25 different sections -- and no one would be
4060
1 deprived. Again, as a result of staying
2 basically in general compliance with the
3 constructs that were originally put forward and
4 the authority and responsibility given to the
5 commissioner, I don't see that as an issue.
6 SENATOR SAVINO: Through you,
7 Mr. President, would the sponsor continue to
8 yield?
9 SENATOR GRIFFO: Yes.
10 SENATOR SAVINO: Thank you. Thank
11 you.
12 Unfortunately, I disagree with that,
13 with your lack of concern. I have tremendous
14 concerns about it.
15 But on the issue of who would --
16 let's assume, let's assume you're right and I'm
17 wrong. It's a big assumption, but let's assume
18 that's the case, Senator Griffo. If in fact the
19 Commissioner of Health were to issue an emergency
20 license to a particular applicant tomorrow, do
21 you have any idea how long it would take for that
22 applicant to be able to have product ready and
23 available to patients?
24 SENATOR GRIFFO: Mr. President,
25 through you. Going back earlier, they could also
4061
1 apply to be one of the five that we were talking
2 about.
3 On this particular issue, though,
4 how long would it take them? I would hope that
5 this could move as quickly as possible.
6 Obviously, I don't have a specific time frame.
7 But I'm looking to see what we can do to
8 accelerate that access. And I believe the
9 potential exists to do so.
10 And I think that in this particular
11 case, as I indicated earlier, without legislative
12 intent and purpose, we may -- I believe that a
13 large part of this need can be dealt with by the
14 Department of Health today.
15 But what this particular piece of
16 legislation would do is to order them to do this.
17 So whatever other additional needs or waivers or
18 requirements, they would be able to exercise that
19 authority and jurisdiction.
20 SENATOR SAVINO: Mr. President, on
21 the bill.
22 ACTING PRESIDENT O'MARA: On the
23 bill, Senator Savino.
24 SENATOR SAVINO: First I want to
25 thank Senator Griffo for patiently answering the
4062
1 questions I have.
2 And I also want to be clear and let
3 you know I really do appreciate the fact that you
4 have come around to agree that medical marijuana
5 is a viable treatment for patients, whether they
6 be patients who have refractory epilepsy or MS or
7 cancer or Parkinson's disease. And hopefully
8 later this year we will hear from the Department
9 of Health that they're adding diseases like
10 Alzheimer's and PTSD.
11 But I mentioned all of those
12 conditions because when we set out to create a
13 medical marijuana program here in New York State,
14 we wanted it to be a full, robust program that
15 would treat as many patients as possible, based
16 upon the research, based upon the science and
17 based upon what we have seen in other states.
18 There is no doubt that seeing young
19 children suffering is compelling. It pulls at
20 all of our heartstrings. We want to find a way
21 to treat them sooner rather than later, as much
22 as I want to find a way to treat all of the
23 people who will be benefited by medical
24 marijuana.
25 But here's what I know about
4063
1 creating a program that is illegal under the
2 federal government's eyes, that does not exist in
3 the State of New York. We are creating a new
4 industry, a new treatment program, a new
5 template, and we are creating the most tightly
6 controlled, highly regulated program in the
7 country.
8 And there are people who have along
9 the way been supportive of this, but their agenda
10 really has never been about medical marijuana,
11 it's always been about marijuana for recreational
12 use. And some of them are utilizing the pain and
13 suffering of these families to now try and peel
14 back the regulatory structure that we have
15 established here in New York State, which I
16 believe will become the model for the country.
17 I'm going to recommend that we vote
18 against this bill -- not because I don't
19 understand what Senator Griffo sees when he looks
20 into the eyes of those little children. I know
21 what he sees; I see it too. But here's my
22 concern.
23 We started out by making New York
24 State the tightest, most regulated state in the
25 country. We also established a very aggressive
4064
1 timeline, 18 months for full implementation.
2 That is a full seven months earlier than any
3 other state has ever done. The average length of
4 time to get a medical marijuana program running
5 is 25 months. New York State will be seven
6 months ahead of anyone else.
7 The State of New York, after the
8 signing of that bill, has met every deadline that
9 they set. Whether it was putting out the
10 regulations, the public comment period, sending
11 out the applications, receiving the applications,
12 they will be on track for issuing those five
13 licenses and the 20 dispensaries that will be
14 attached to them, by mid-July.
15 And doors will be opened for all
16 patients that are suffering from all the
17 conditions under the program, under a legal
18 program that has had doctors trained -- none of
19 them have been trained yet -- physicians, in
20 discussions with their patients, made
21 recommendations to the Department of Health.
22 We'll have a certified program that will stand up
23 to review, that will stand up to any potential
24 challenge by the federal government.
25 But if we go off the path right now,
4065
1 ladies and gentlemen, if we deviate from that
2 path, we open ourselves up to a couple of things.
3 One, first and foremost, is litigation by every
4 other applicant that will not have been granted
5 that special license. And as we have seen in
6 other states where they deviated off their
7 original path, litigation sets the entire program
8 back. In Massachusetts, it set it back two and a
9 half years. Many of those patients we're worried
10 about today won't be here in two and a half
11 years.
12 So we need to stay the course that
13 we set. We are on the right road. We will have
14 full access for all patients, not just
15 cherry-picking the suffering of some, even if
16 they're sympathetic. We need to keep on the path
17 for full access to all patients in a full, robust
18 program that meets all of the standards that
19 New York State wanted, that all of you in this
20 room wanted -- everything that we voted for --
21 and make sure we have the program fully in place
22 in January.
23 I am as sympathetic as Senator
24 Griffo, and I do appreciate what he's trying to
25 do. I'm suggesting, though, that we set aside
4066
1 our sympathy and we realize that we are a state
2 that is establishing a regulatory system that
3 has to work for everybody and has to survive
4 potential scrutiny, not just by litigants who
5 will be unhappy with what we do, but by a federal
6 government that still refuses to acknowledge that
7 marijuana has any legitimate purpose.
8 We need to stay the course. I
9 recommend a no vote, and I hope you will all
10 support me in that recommendation and we can
11 continue to try and find a way to get people
12 treatment sooner rather than later.
13 Thank you, Mr. President.
14 ACTING PRESIDENT O'MARA: Thank
15 you, Senator Savino.
16 Senator Krueger.
17 SENATOR KRUEGER: On the bill,
18 Mr. President.
19 ACTING PRESIDENT O'MARA: Senator
20 Krueger on the bill.
21 SENATOR KRUEGER: Thank you.
22 I've listened to the questions and
23 answers between Senator Savino and Senator
24 Griffo. I stand to support this bill.
25 Senator Savino's not wrong in her
4067
1 analysis of what we pass when we pass the medical
2 marijuana bill. In fact, many of us who
3 supported that bill thought at the time perhaps
4 it was too restrictive, perhaps we went too far.
5 Even Governor Cuomo issued a letter
6 in July 2014 directing Health Commissioner Zucker
7 to expedite access to children with severe
8 epilepsy. But to date, not one child has
9 received access to medical marijuana throughout
10 the state.
11 This bill would specifically try to
12 ensure a speedier implementation for patients who
13 face life-threatening or terminal illnesses or
14 for whom the delay poses a serious health risk.
15 I do believe there are doctors
16 qualified in this state to evaluate palliative
17 care, end-of-life care, terminal treatment. They
18 are certified, they are specialized. They have
19 the authority to write prescriptions for much
20 stronger drugs than cannabis right now, today.
21 Right now, today, they can write prescriptions
22 for opioids, for morphine drips, for almost any
23 drug anyone has ever imagined. Surely, with a
24 brief clarification, they could prescribe for
25 terminally ill patients and for people who no
4068
1 other drug is working for.
2 I want to share Senator Savino's
3 concerns. We do not want to do anything to put
4 the state into a litigation situation that would
5 delay us further for the entire system. But my
6 understanding is the Department of Health is
7 supposed to be deciding those five winning
8 applicants by July.
9 It's June. If we were to pass this
10 bill and the Governor were to sign it and we were
11 able to start with emergency certification of
12 doctors and patients, it has been proposed to me
13 that within three months, without interfering
14 with the determinations that are being made by
15 the Department of Health of the longer-term
16 approved vendors, that within three months we
17 could have an emergency program up and running
18 for patients who need this kind of treatment.
19 It is frustrating that the federal
20 government doesn't recognize a legal medical
21 marijuana standard at the federal level. But we
22 have 23 states who have medical marijuana in
23 place. We have more and more recognition by the
24 federal government, by different levels of the
25 federal government, that they are not going to
4069
1 intrude into a state's authorized medical
2 marijuana program.
3 I think that all the patients are
4 asking for is an expedited process for some
5 sub-universe of people who, really, there is no
6 other drug working. And why should they go
7 through pain when it's not that complex to create
8 an emergency certification process to make sure
9 that doctors highly trained to deal with much
10 more complicated, dangerous drugs can in fact be
11 licensed to approve this on an emergency basis,
12 and perhaps, working with all of the vendors who
13 are selected, or some subset, make sure that we
14 can move this product to where it is needed most
15 quickly.
16 I would urge my colleagues to vote
17 yes on this bill tonight.
18 Thank you, Mr. President.
19 ACTING PRESIDENT O'MARA: Thank
20 you, Senator Krueger.
21 Seeing no other Senator wishing to
22 be heard, the debate is closed. The Secretary
23 will ring the bell.
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: Yes. Since
4070
1 we're missing several individuals and the loyal,
2 responsible, incredibly efficient stenographer
3 has not eaten yet, I thought maybe we'd go at
4 ease for a few minutes. As soon as everyone gets
5 together, she will be done eating and we won't
6 waste the time waiting for the delinquents.
7 So we'll be at ease for, at maximum,
8 10 minutes.
9 ACTING PRESIDENT O'MARA: The
10 Senate will stand at ease for no more than
11 10 minutes.
12 (Whereupon, the Senate stood at ease
13 at 8:20 p.m.)
14 (Whereupon, the Senate reconvened at
15 8:31 p.m.)
16 ACTING PRESIDENT O'MARA: Senator
17 DeFrancisco.
18 SENATOR DeFRANCISCO: Yes, if we
19 could start coming back. We are ready to vote,
20 and as soon as we vote we'll continue our quest
21 to get through the rest of the bills.
22 ACTING PRESIDENT O'MARA: If
23 members would please return to the chamber.
24 We've rung the bell and we're waiting to call a
25 vote.
4071
1 (Pause.)
2 SENATOR DeFRANCISCO: Would
3 everyone please take their seats so we can see
4 who's not here yet.
5 ACTING PRESIDENT O'MARA: Will
6 members please take their seats in the chamber.
7 The Secretary will read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT O'MARA: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT O'MARA: Announce
15 the result.
16 THE SECRETARY: In relation to
17 Calendar 1554, those recorded in the negative are
18 Senators Avella, Carlucci, Croci, DeFrancisco,
19 Díaz, Hamilton, Klein, LaValle, Sampson, Savino,
20 Valesky and Venditto.
21 Ayes, 50. Nays, 12.
22 ACTING PRESIDENT O'MARA: The bill
23 is passed.
24 Senator DeFrancisco.
25 SENATOR DeFRANCISCO: Can we go to,
4072
1 on the Senate supplemental calendar, Calendar
2 1567. We had laid that aside temporarily.
3 ACTING PRESIDENT O'MARA: The
4 Secretary will read Calendar Number 1567.
5 THE SECRETARY: Calendar Number
6 1567, by Senator Klein, Senate Print 5485A, an
7 act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT O'MARA: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 180th day.
12 ACTING PRESIDENT O'MARA: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT O'MARA: Senator
16 Klein to explain your vote.
17 SENATOR KLEIN: Thank you,
18 Mr. President.
19 Several months ago the Independent
20 Democratic Conference put out an investigation on
21 the subprime auto loan market here in New York.
22 Unfortunately, what we found is that individuals
23 who have no credit, no money, no job are still
24 able to get a loan, in many cases people paying
25 as high as 24 percent interest, in some cases
4073
1 people buying a $15,000 car and at the end of the
2 loan cycle wind up paying $50,000 for the same
3 automobile.
4 This legislation will go a long way
5 towards protecting the consumer. Right now a
6 used car dealer in New York is only required to
7 obtain a $10,000 or, at most, a $25,000 bond.
8 This would require that all used car dealers have
9 at least a $100,000 bond, which I think is going
10 go a long way towards at least, if someone would
11 try to make a claim against the used car dealer,
12 the consumer could be made whole.
13 So I think, Mr. President, this is
14 the first step I think in regulating or at least
15 providing some oversight for this industry, which
16 I believe has the potential to be almost as bad
17 as the subprime mortgage industry.
18 So I vote yes.
19 ACTING PRESIDENT O'MARA: Announce
20 the result.
21 THE SECRETARY: In relation to
22 Calendar 1567, those recorded in the negative are
23 Senators Amedore, Bonacic, Croci, DeFrancisco,
24 Farley, Felder, Funke, Griffo, LaValle,
25 Marcellino, Marchione, Martins, Murphy, Nozzolio,
4074
1 O'Mara, Ortt, Ranzenhofer, Robach, Seward and
2 Young. Also Senator Skelos. Also Senator
3 Larkin. Also Senator Serino. Also Senator
4 Hannon.
5 Ayes, 38. Nays, 24.
6 ACTING PRESIDENT O'MARA: The bill
7 is passed.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Yes, on the
10 controversial calendar for Senate Supplemental
11 Number 53A, could we go to Calendar Number 1598.
12 ACTING PRESIDENT O'MARA: The
13 Secretary will read Calendar Number 1598.
14 THE SECRETARY: Calendar Number
15 1598, by Senator Flanagan, Senate Print 5954, an
16 act to amend Chapter 56 of the Laws of 2015.
17 ACTING PRESIDENT O'MARA: Senator
18 Gianaris, why do you rise?
19 SENATOR GIANARIS: Mr. President, I
20 believe there's an amendment at the desk. I ask
21 that the reading of the amendment be waived and
22 that Senator Latimer may be heard on the
23 amendment.
24 ACTING PRESIDENT O'MARA: Senator
25 Latimer on the amendment.
4075
1 SENATOR LATIMER: Thank you,
2 Mr. President.
3 The amendment that you have before
4 you on the main bill we believe improves the main
5 bill, S5954 which is before us.
6 Some of the provisions of the
7 amendment that we think are important to include
8 in the final adoption deals first off with the
9 adoption of the new APPR program. In this
10 legislation before us, the increases in state aid
11 that we approved in this budget are still tied to
12 the adoption of the APPR plan.
13 The amendment before us removes that
14 onerous language and detaches the issue of the
15 APPR with the additional state aid, as they
16 should be detached as two separate distinct
17 decisions.
18 The underlying bill uses a February
19 15, 2016, deadline for APPR adoption. We believe
20 that is going to be a problem, because that's in
21 the middle of a school year.
22 The amendment that's before us uses
23 a September 1st deadline, which we think makes
24 more sense, so that it has an opportunity to be
25 instituted at the beginning of the school year
4076
1 rather than in the middle of the school year.
2 The underlying bill continues to
3 require the use of independent evaluators. The
4 amendment would make independent evaluators an
5 option for school districts, based on their
6 specific needs, in order to perform fair
7 evaluations of classroom teacher performance.
8 And again, leaves the decision in the hands of
9 the local school district rather than trying to
10 have one size fits all.
11 The underlying bill does not address
12 the need to add student achievement as a second
13 optional supplemental assessment, and it
14 continues to overly rely on test scores as the
15 means of student evaluation.
16 This amendment includes secondary
17 amendments that are locally selected methods to
18 achieve student achievement, which we think will
19 lower the burden of tests on students and provide
20 more local input in these evaluations, which is
21 what we have heard from the community about the
22 concern of mandatory testing.
23 And then finally, Mr. President,
24 this amendment adds to the underlying legislation
25 elements of what was in Senator Stewart-Cousins's
4077
1 bill S5447, known as the Community Schools Act.
2 That proposal provides $25 million to support
3 Community Schools, and those schools provide
4 comprehensive service to the school population,
5 it addresses underserved communities on a
6 systematic level, and they are schools with a
7 model of demonstrated success.
8 For those reasons, we believe that
9 the amendment before you is germane. It does it
10 address the same purpose and the same area of law
11 as the underlying bill.
12 ACTING PRESIDENT O'MARA: Thank
13 you, Senator Latimer.
14 I've had the opportunity to review
15 your amendment with counsel and rule that the
16 amendment is not germane to the bill and
17 therefore is out of order.
18 Do you wish to appeal the ruling of
19 the chair?
20 SENATOR GIANARIS: Yes,
21 Mr. President, we'd like to appeal the ruling.
22 ACTING PRESIDENT O'MARA: Would
23 Senator Latimer like to be heard further on the
24 appeal?
25 (No response.)
4078
1 ACTING PRESIDENT O'MARA: All those
2 in favor of overruling the chair please say aye.
3 (Response of "Aye.")
4 SENATOR GIANARIS: Show of hands.
5 ACTING PRESIDENT O'MARA: Those
6 opposed to overruling the chair please say nay.
7 (Response of "Nay.")
8 SENATOR GIANARIS: Show of hands.
9 ACTING PRESIDENT O'MARA: Show of
10 hands on those wishing to overrule the chair.
11 (Senators raising hands.)
12 ACTING PRESIDENT O'MARA: Announce
13 the result.
14 THE SECRETARY: Ayes, 23.
15 ACTING PRESIDENT O'MARA: The
16 ruling of the chair stands.
17 The bill is before the house.
18 The Secretary will read the last
19 section.
20 THE SECRETARY: Section 9. This
21 act shall take effect immediately.
22 ACTING PRESIDENT O'MARA: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT O'MARA: Senator
4079
1 Flanagan to explain his vote.
2 SENATOR FLANAGAN: Thank you,
3 Mr. President.
4 I want to thank the members.
5 Hopefully we'll get a very strong positive vote
6 on this legislation.
7 Just very quickly, you know, if you
8 look at what we did in the budget, there were a
9 lot of very, very good things, particularly in
10 the area of education. Let's not overlook the
11 fact we had a $1.4 billion increase in state aid
12 to education, which is more than 6 percent,
13 triple any other area of the budget. We further
14 reduced the GEA to a point now where we can
15 virtually guarantee that it will be gone in its
16 entirety by next year. Those are two very
17 positive things.
18 And in the area of reform, we all
19 went home after the budget and heard from our
20 constituents, from interest groups, from
21 students, parents and teachers. And again,
22 students, parents and teachers. The goal of this
23 legislation is to address some of the concerns
24 that were raised by these groups, by these
25 individuals, over the course of time and
4080
1 certainly since we enacted the budget. With the
2 input of our colleagues, I think there are a lot
3 of very positive things here that are
4 parent-centric.
5 Now, a couple of examples.
6 Under previous law, teachers were
7 not allowed to talk about tests. That's
8 ridiculous. If you're going to have professional
9 development, you're going to have better student
10 outcomes, teachers should be allowed to talk
11 about the test. They should be able to see the
12 test. They should be able to look at the test
13 questions and go over it with the children that
14 they serve as their educators. And they should
15 be able to do that in the school year and during
16 a time frame in which those children are still in
17 their class, they're not in the next grade.
18 These are common-sense things that
19 we had advocated previously. We're underscoring
20 them now again.
21 And to address a number of concerns,
22 we have a content review committee that's going
23 to look at age appropriateness, time
24 appropriateness of exams. We do extend the
25 deadline out, the timeline, which is a positive
4081
1 thing all around and something that the Regents
2 are taking action on as well.
3 We provide definitionally for what a
4 hardship means, and it's something that should be
5 basically liberally construed. If you are making
6 a good-faith effort, you should have an
7 opportunity to be protected so that schools don't
8 find themselves in adverse positions.
9 There are a number of things in here
10 that we appropriate money to SED to actually do
11 this work.
12 And I just want to make sure I'm
13 getting all the highlights. Growth. We always
14 have this debate about growth and achievement.
15 So let's assume you have a teacher who's done
16 very well, but year to year their growth doesn't
17 change that much and yet the children are very
18 high achieving. I know Senator Martins has cared
19 deeply about this, as long, with many of
20 colleagues.
21 These are common-sense approaches
22 that are actually in the best interests of
23 students, parents and teachers.
24 And finally, we ask the Regents to
25 take a look at Common Core standards. And they
4082
1 have to do that by June 30th of next year. And
2 if they deem appropriate -- which who knows, they
3 may; they may not. But we're mandating that they
4 take a review of that and see if there are any
5 modifications that would be presented at that
6 time.
7 So when we look at this -- I'm going
8 to repeat it just to repeat it so everyone
9 understands. This is about students, parents,
10 and teachers. Professional development, a
11 quality teacher in front of the classroom, better
12 outcome from students. And it makes the process
13 move the way we had all hoped originally.
14 Mr. President, I thank you for your
15 indulgence, and I vote aye.
16 ACTING PRESIDENT O'MARA: Thank
17 you.
18 Senator Flanagan to be recorded in
19 the affirmative.
20 Senator Hamilton to explain your
21 vote?
22 SENATOR HAMILTON: Yes,
23 Mr. President.
24 I rise to oppose this bill. I
25 believe it's shifting the burden of
4083
1 responsibility from the State Education
2 Department to our teachers, who are on the ground
3 doing a phenomenal job.
4 Right now presently in our state,
5 only 15 percent of children of color are prepared
6 for college. Eighty percent of people who are
7 incarcerated don't have a high school diploma.
8 In my district the Common Core to many parents is
9 a failure.
10 High-stakes testing is not good for
11 our children. We must have a comprehensive
12 educational platform -- music, arts,
13 recreation -- not just focusing on taking an
14 examination. There's been a movement within my
15 district to opt out for test taking.
16 I wish I would have seen more
17 resources given to children who are not reading
18 at grade level. I have some schools in my
19 district where 23 percent of the children come
20 from shelters, a transient population. And if
21 they're not reading at grade level, I don't
22 believe teachers should be responsible or their
23 evaluation should be 50 percent of the test
24 scores for some children who need supplemental
25 help.
4084
1 I wish we would have an on-par
2 funding source so if a child is reading below
3 grade level, they get the resources they need to
4 get them back up to par to make them functional
5 in our society.
6 I commend Senator Flanagan for his
7 bill. I think he's been doing a phenomenal job
8 as the chair for the Education Committee, and as
9 also the new speaker to the Senate. But I have
10 concerns for my district, where many children are
11 failing, that the funding and the resources
12 aren't being given to them. And by placing the
13 evaluation of teachers on certain schools will
14 cause a brain drain. I believe many teachers
15 will be fearful in going into low-performing
16 districts due to the fact that their evaluation
17 will cause them to be terminated from their job.
18 I think we have to make sure that
19 the schools who are lacking in resources, whose
20 students need more resources, are not penalized
21 by this evaluation process. I think it's a great
22 idea, but I think the metrics have to be worked
23 out. If a child is in the fourth grade and
24 reading at the first-grade reading level, how do
25 we evaluate a teacher in bringing them up?
4085
1 In my district we have students 12
2 years of age to 23 years of age, who want to get
3 their GEDs. Eighty percent of those young men
4 and women are denied access to the course to get
5 their GED because they're reading at a
6 seventh-grade reading level or below.
7 We have serious problems in the
8 educational system here in New York State, and I
9 don't think by targeting teachers with their
10 evaluations and low-performing school districts
11 is the way to go.
12 The SED needs to be evaluated. No
13 one is evaluating the State Education Department
14 on the job that they're doing in our state. And
15 I think we need to start at the top first rather
16 than going to the bottom and scapegoating our
17 teachers.
18 So I think we need to find a better
19 way, to have better metrics, to make sure that
20 teachers are not scared to go into low-performing
21 schools, and that we don't have teachers who may
22 not be on par teaching our children. Our
23 students are suffering enough as it is.
24 We are in a global economy now --
25 ACTING PRESIDENT O'MARA: Senator
4086
1 Hamilton, I remind you we're on a two-minute
2 limit.
3 SENATOR HAMILTON: I'm sorry,
4 Mr. President. I'm passionate about this issue.
5 ACTING PRESIDENT O'MARA: How do
6 you vote, Senator?
7 SENATOR HAMILTON: I'm passionate
8 about it because many of our children are
9 suffering in my district, and the prison
10 population isn't a place for a person to be
11 rehabilitated.
12 So I will vote no on this bill for
13 teacher evaluation.
14 Thank you.
15 ACTING PRESIDENT O'MARA: Senator
16 Hamilton to be recorded in the negative.
17 Senator Marcellino to explain your
18 vote.
19 And I remind members of the
20 two-minute limit.
21 SENATOR MARCELLINO: Thank you,
22 Mr. President. I appreciate the reminder, but
23 I'm from southern Italy and time is meaningless
24 to us.
25 (Laughter.)
4087
1 ACTING PRESIDENT O'MARA: That's
2 what I was afraid of.
3 SENATOR MARCELLINO: We go back
4 2,000 years. We don't worry about these things.
5 ACTING PRESIDENT O'MARA: A
6 minute and a half.
7 (Laughter.)
8 SENATOR MARCELLINO: Remember what
9 happened to -- never mind.
10 (Laughter.)
11 SENATOR MARCELLINO: This piece of
12 legislation is an excellent step forward. It's
13 the beginning of a comment between -- and a
14 dialogue between teachers, parents, students,
15 school boards.
16 Everybody in the education community
17 who has an interest in education can have a voice
18 as a result as a result of this bill. They can
19 communicate with one another. They can discuss
20 what's necessary. One size does not fit all.
21 This bill actually shows that it doesn't and
22 allows for that flexibility from district to
23 district, from region to region.
24 It gives our teachers, it gives our
25 school districts a chance to take a look at kids
4088
1 who have special needs and not to test them at
2 what their age might indicate, but what their
3 ability level is. We have to look at that
4 carefully. What's the point of teaching a child
5 who has the ability level of a third-grader at a
6 tenth-grade level? He's guaranteed failure, so
7 there's no point to it.
8 This bill allows for the flexibility
9 so that those things can be taken into
10 consideration. It gives the wherewithal to the
11 school districts. It brings the parents into the
12 schools in a productive way. Not in a combative
13 way, but in a productive way, so that Senator
14 Hamilton's district, his people, his community
15 can have input on what their children need.
16 Teachers want to hear that. Quality
17 teachers want to hear that. They're looking for
18 that kind of input, and they're looking to give
19 that kind of service. But they need to know and
20 they need to be taught and they need to have the
21 value of their education and the value of their
22 expertise taken into consideration by the boards
23 when the rules and regulations are being
24 formulated.
25 This bill is a big step. It's a
4089
1 first step, it's a big step going forward.
2 There's probably more that's going to have to be
3 done down the road, no doubt about it, but this
4 bill opens the door.
5 And I want to thank my colleague
6 Senator Flanagan for the work that he's done,
7 hope to carry it forward as chairman of Education
8 moving forward, that we're going to build on this
9 particular directive, we're going to build on
10 this bill and make it even better going forward
11 in the future.
12 I vote aye and proudly aye, and I
13 urge all my colleagues to vote aye. You have
14 nothing to be ashamed of here. This bill is a
15 step in the right direction. It's what the
16 unions want, because it brings them into the
17 picture. It brings the teachers into the
18 picture, it brings the parents into the picture,
19 and it brings the needs of the students -- and
20 that's what this is all about -- into the
21 picture.
22 So, ladies and gentlemen, I vote aye
23 and urge you all to do the same.
24 ACTING PRESIDENT O'MARA: Senator
25 Marcellino to be recorded in the affirmative.
4090
1 Senator Panepinto to explain his
2 vote in two minutes or less.
3 SENATOR PANEPINTO: I'll be very
4 brief.
5 I met recently with six
6 superintendents in my districts and, you know,
7 they expressed the concern that they need more
8 time to implement the APPR changes that we
9 mandated on them this past March. So I applaud
10 Senator Flanagan for, you know, giving them an
11 additional four months with this bill.
12 It's not enough, though. You know,
13 we need a one-year moratorium on testing. But
14 this is a good first step.
15 So I'm going to vote in favor of
16 this bill, but, you know, we need to reconsider
17 this again as the educators want us to. The
18 Regents have said we need a year, the
19 superintendents have said we need a year. Four
20 months is not enough. But if this is a first
21 step in a process where we'll look at this again,
22 I'm supporting it.
23 ACTING PRESIDENT O'MARA: Senator
24 Panepinto to be recorded in the affirmative.
25 Senator Little to explain her vote.
4091
1 SENATOR LITTLE: Thank you,
2 Mr. President.
3 And just briefly, I join my
4 colleagues in urging a yes vote on this bill.
5 There are many parts of this bill
6 that will help us and help our children, our
7 parents and our teachers as they go forward with
8 the Common Core. But one of the most important
9 things in this bill is to help a teacher learn
10 from the test and make this test a learning tool,
11 not just a data collection. Thereby, the teacher
12 will see the test, can use the test, can know the
13 results.
14 And as a former teacher, I know
15 myself I would want to know who is getting what
16 and what do I need to make sure that that child
17 is learning as much as possible and that I'm
18 teaching in the best way possible.
19 And I think that these changes and
20 many other of the changes that are in this bill
21 will be very helpful. I vote aye.
22 ACTING PRESIDENT O'MARA: Senator
23 Little to be recorded in the affirmative.
24 Senator Stavisky to explain her
25 vote.
4092
1 SENATOR STAVISKY: Thank you,
2 Mr. President.
3 I heard here tonight reference to a
4 child's ability level. And as a former teacher,
5 I believe very firmly that every child has the
6 ability to learn. But not every child has been
7 able, has been given the resources to learn.
8 Secondly, I think it's been
9 difficult to attract teachers to the struggling
10 schools, and that is of concern to me.
11 However, I'm going to vote for the
12 bill because I guess a little bit is better than
13 nothing. But I certainly hope in the rest of the
14 year, or next year, that we come to terms with
15 some of these issues, because we've got to do
16 something so that every child has the ability to
17 succeed.
18 Thank you.
19 ACTING PRESIDENT O'MARA: Senator
20 Stavisky to be recorded in the affirmative.
21 The Secretary will announce the
22 results.
23 THE SECRETARY: In relation to
24 Calendar 1598, those recorded in the negative are
25 Senators Hamilton, Montgomery, Parker, Perkins
4093
1 and Sanders. Also Senator Comrie.
2 Ayes, 56. Nays, 6.
3 ACTING PRESIDENT O'MARA: The bill
4 is passed.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: And can you
7 call the last bill on the controversial
8 supplemental calendar, 1597.
9 ACTING PRESIDENT O'MARA: The
10 Secretary will read Calendar Number 1597.
11 THE SECRETARY: Calendar Number
12 1597, by the Senate Committee on Rules, Senate
13 Print 5953, an act to amend Chapter 576 of the
14 Laws of 1974.
15 ACTING PRESIDENT O'MARA: Senator
16 Espaillat.
17 SENATOR ESPAILLAT: Yes,
18 Mr. President. Would the sponsor, Senator Rules,
19 yield for some questions?
20 ACTING PRESIDENT O'MARA:
21 Senator --
22 SENATOR YOUNG: Thank you,
23 Mr. President. My name is not Senator Rules, but
24 I would be very happy to offer to answer any
25 questions that Senator Espaillat may have.
4094
1 SENATOR ESPAILLAT: Through you,
2 Mr. President, will the sponsor yield?
3 SENATOR YOUNG: Yes.
4 ACTING PRESIDENT O'MARA: The
5 sponsor yields.
6 SENATOR ESPAILLAT: Can you tell us
7 how many rent-regulated units in the state this
8 bill will impact?
9 SENATOR YOUNG: Well, it will
10 impact all of them in the state. We think it's
11 about 2 million.
12 SENATOR ESPAILLAT: Two million.
13 So this bill -- through you, Mr. President --
14 this bill will impact 2 million units of
15 rent-regulated housing in New York State.
16 SENATOR YOUNG: That's correct.
17 SENATOR ESPAILLAT: And through
18 you, Mr. President, could the sponsor tell me
19 where is the majority --
20 SENATOR YOUNG: I'm not the
21 sponsor, Senator, but I would be happy to answer
22 your questions.
23 SENATOR ESPAILLAT: Senator Young.
24 Could Senator Young --
25 ACTING PRESIDENT O'MARA: Do you
4095
1 continue to yield, Senator Young?
2 SENATOR YOUNG: Yes.
3 SENATOR ESPAILLAT: Could Senator
4 Young tell me, where is the vast majority of
5 these units, what part of the state?
6 SENATOR YOUNG: Well, there are
7 some in various parts of the state, but the vast
8 majority are in New York City.
9 SENATOR ESPAILLAT: Through you,
10 Mr. President, if the --
11 ACTING PRESIDENT O'MARA: Does
12 Senator Young continue to yield?
13 SENATOR YOUNG: Yes.
14 ACTING PRESIDENT O'MARA: Proceed.
15 SENATOR ESPAILLAT: Does the
16 Senator have any rent-regulated units in her
17 district?
18 SENATOR YOUNG: No.
19 SENATOR ESPAILLAT: Through you,
20 Mr. President.
21 ACTING PRESIDENT O'MARA: Senator
22 Young -- are you asking Senator Young to yield?
23 SENATOR ESPAILLAT: Yes.
24 ACTING PRESIDENT O'MARA: Do you
25 yield, Senator Young?
4096
1 SENATOR YOUNG: Certainly. Yes.
2 SENATOR ESPAILLAT: Does the
3 Senator preside over the Housing Committee of the
4 New York State Senate? Is she the chairperson of
5 the Housing Committee of the New York State?
6 SENATOR YOUNG: Through you,
7 Mr. President. Yes, Senator, I am chair of the
8 Senate Standing Committee on Housing,
9 Construction and Community Development.
10 SENATOR ESPAILLAT: So this is a
11 bill that impacts 2 million units of affordable
12 housing across New York State. And could you
13 tell us what are the main provisions of this
14 particular bill?
15 SENATOR YOUNG: Certainly. I would
16 be very happy to do that, Senator. This may take
17 a few minutes. Is that okay with you?
18 SENATOR ESPAILLAT: Of course.
19 SENATOR YOUNG: I'd like to give a
20 detailed description. Okay, thank you very much.
21 Well, this is entitled the Rent Act
22 of 2015. And under Part A it deals with rent in
23 the J-51 extender. Section 1 extends Section 17
24 of Chapter 576 of the Laws of 1974, otherwise
25 known as rent control, for an additional
4097
1 eight-year period until June 15, 2023.
2 Section 2 extends subdivision 2 of
3 Section 1 of Chapter 274 of the Laws of 1946 for
4 an additional eight-year period until June 15,
5 2023.
6 Section 3 extends Chapter 329 of the
7 Laws of 1963 for an additional eight years until
8 June 15, 2023.
9 Section 4 amends Section 10 of
10 Chapter 55 of the Laws of 1982, to extend the
11 existing provisions of the J-51 tax abatement
12 program for residential conversions of real
13 property in New York City for an additional
14 eight-year period until June 15, 2023.
15 Section 5 amends Chapter 402 of the
16 Laws of 1983 relating to residential conversions
17 of real property to extend the existing
18 provisions of the J-51 program until June 15,
19 2023. And Section 6 provides for an effective
20 date.
21 So that's under Part A. And
22 basically what that would do is give eight years
23 of predictability and stability to tenants who
24 are in these types of apartments.
25 Part B, Section 1, addresses the
4098
1 Tenant Protection Unit. And it adds a new
2 subdivision, 2(a), to provide the Division of
3 Housing and Community Renewal the authority to
4 establish a Tenant Protection Unit with the
5 following powers. One, to conduct audits and
6 hearings to review rent increases from individual
7 apartment improvements and review documents for
8 up to a three-year period.
9 It also would audit, it would be
10 able to audit and conduct audits of owners of
11 housing accommodations and to investigate,
12 administer oaths, issue subpoenas and make
13 inspections upon the receipt of tenant complaints
14 regarding rent regulation that establish
15 reasonable cause.
16 The bill specifies that individual
17 apartment improvement audits shall be conducted
18 on a random basis by the TPU for apartments which
19 had rent increases in the prior three years, and
20 further provides that the Division of Housing
21 shall promulgate regulations setting forth its
22 audit methodology.
23 The audits which result in findings
24 of fraud or intentional misconduct, misconduct,
25 shall be expanded to other units owned by such
4099
1 landlord, and the lookback period may be
2 expanded. Owners shall be provided with notice
3 and a hearing and an opportunity to be heard in
4 person, submit witnesses, and produce documents.
5 Where the TPU finds that an
6 individual apartment improvement was not properly
7 calculated, the owner shall be liable to the
8 tenant for the balance due plus interest. The
9 TPU must notify the owner within 30 days whether
10 the correct amount was charged.
11 Any determination by the TPU shall
12 be subject to administrative review by the Office
13 of Rent Administration, with ORA's decision to be
14 made available within 90 days, and such decision
15 thereafter shall be subject to judicial review.
16 A determination that the correct
17 amount of rent increase resulting from an
18 individual apartment improvement {sic} shall
19 preclude any further judicial action by such
20 tenant or the division.
21 And the division is mandated to make
22 public, available, guidelines and best practices
23 for recordkeeping. Such guidelines shall include
24 a form affidavit by which owners may attest to
25 the performance of the individual apartment
4100
1 improvements when documents are unavailable,
2 including such instances of document destruction,
3 unavailability, or for any reason attested in
4 good faith. And then Section 2 provides for a
5 90-day effective date with authorization for
6 immediate regulatory promulgation.
7 So this actually puts into statute,
8 it codifies the Tenant Protection Unit, and it
9 protects tenants. But it also gives due process
10 to owners.
11 Part C --
12 SENATOR ESPAILLAT: Mr. President,
13 through you, if Senator Young will yield on that
14 particular part of the bill, the Tenant
15 Protection Unit.
16 SENATOR YOUNG: Well, actually,
17 Senator, you asked for an explanation of the
18 bill. Would you mind if I just gave the rest of
19 it, and then we'll go back and answer questions.
20 SENATOR ESPAILLAT: I would prefer
21 if I can ask you -- it's a very lengthy bill, so
22 if you --
23 SENATOR YOUNG: Senator, I have the
24 floor right now. So I'd like to finish, please.
25 ACTING PRESIDENT O'MARA: Senator
4101
1 Young does not yield at this point for that
2 question.
3 SENATOR YOUNG: Under Part C, it
4 deals with tenant income and residency
5 verification. Section 1 amends Section 14 of the
6 Public Housing Law to provide that the
7 Commissioner of Housing and Community Renewal
8 shall establish a system to require the
9 submission of documentation to identify and
10 verify qualifications of any lessee entering or
11 renewing a lease for a rent-regulated apartment.
12 Such system shall require the
13 submission of information by the owner which
14 identifies and catalogs each apartment owned and
15 maintained by such owner, and include the address
16 of the apartment, number of bedrooms, square
17 footage, and any other information deemed
18 necessary. Such information to be submitted
19 shall also include the current lessee of the
20 apartment, if any, terms of the lease, and any
21 other information deemed necessary by the
22 commissioner.
23 Such information shall be shared
24 with the New York State Division of Taxation and
25 Finance. And if the Commissioner of Taxation and
4102
1 Finance finds, pursuant to Section 171Z of the
2 Tax Law, that the eligibility of such lessee
3 cannot be verified, the lessee shall be subject
4 to an audit by the Commissioner of the Department
5 of Housing and Community Renewal, in coordination
6 with the Commissioner of Taxation and Finance.
7 If such audit results in a finding
8 that the tenant does not satisfy the eligibility
9 requirements of Section 171Z, the Commissioner of
10 Housing shall notify the landlord of such
11 finding.
12 The commissioner shall periodically
13 require further updated submissions, and any
14 information shall not be subject to public
15 disclosure.
16 Section 2 creates a new section,
17 171Z, in the Tax Law to require income
18 verification for any resident subject to rent
19 stabilization. And beginning in 2015, the
20 Department of Taxation and Finance shall enter
21 into an agreement with the Division of Housing
22 and Community Renewal to verify whether the
23 occupants of rent-regulated apartments meet the
24 eligibility and income requirements for
25 rent-regulated apartments.
4103
1 The department shall notify the
2 division of its findings but shall not provide
3 specific income information to the division.
4 And Section 3 provides for a 90-day
5 effective date.
6 Part D deals with landlord
7 harassment penalty increases. Section 1
8 increases the penalties for violating an order of
9 the division from $1,000 for a first offense to a
10 minimum of $1,000, $2,000 for a first offense and
11 $2,000 for a subsequent offense, to a minimum of
12 $2,000, not to exceed $3,000 for a subsequent
13 offense.
14 It increases the penalty for tenant
15 harassment in order to obtain a vacancy of his or
16 her housing accommodation from a minimum of
17 $2,000 to a minimum of $2,000 to $3,000 for a
18 subsequent offense. And, let's see, under Part
19 D, up to $10,000 or $10,000 for a second offense
20 to a minimum of $10,000 for a subsequent offense.
21 Not to exceed $11,000.
22 And finally, Part E deals with a
23 prohibition on subletting without Department of
24 Housing and Community Renewal approval. Section
25 2 provides that no rent-regulated apartment shall
4104
1 be authorized to be sublet unless approval for
2 such subletting is granted by the Division of
3 Housing Community Renewal.
4 Okay. Senator?
5 SENATOR ESPAILLAT: Is there
6 anything else, Ms. Young?
7 SENATOR YOUNG: I think I've pretty
8 much covered the entire bill.
9 (Laughter.)
10 SENATOR ESPAILLAT: Thank you.
11 Thank you.
12 SENATOR YOUNG: So I can sit down
13 now, right?
14 SENATOR ESPAILLAT: No, of course
15 not.
16 SENATOR YOUNG: Okay.
17 ACTING PRESIDENT O'MARA: Senator
18 Espaillat.
19 SENATOR ESPAILLAT: Yes, I want to
20 go -- Mr. President, through you -- to address
21 the Tenant Protection Unit.
22 Is there a Tenant Protection Unit
23 functioning right now within HCR, the state
24 housing agency?
25 SENATOR YOUNG: There isn't one
4105
1 that is codified under statute. It's my
2 understanding from what I'm told during budget
3 hearings that there is some activity that is
4 ongoing. But because it is not codified, there
5 actually is a lawsuit in process right now that
6 would like to abolish the Tenant Protection Unit.
7 So this actually would codify it
8 into law.
9 SENATOR ESPAILLAT: Through you,
10 Mr. President.
11 So this action, this legislation
12 would actually go against the premises of the
13 lawsuit? You are actually looking to codify, to
14 legitimize the Tenant Protection Unit which is
15 currently working under HCR?
16 SENATOR YOUNG: That's correct,
17 Senator. That's what this would do.
18 SENATOR ESPAILLAT: Now, through
19 you, Mr. President, would a tenant be able to go
20 to the Tenant Protection Unit under your proposal
21 and report a landlord that has a pattern of fraud
22 or misbehaving actions or activities that hurt
23 tenants, services that are denied? A landlord
24 that has several properties, could a tenant be
25 able to go to the Tenant Protection Unit and
4106
1 report such a landlord?
2 SENATOR YOUNG: Yes.
3 SENATOR ESPAILLAT: Will the tenant
4 be able to do that at random or through -- or
5 actually report a pattern of behavior of a
6 particular landlord?
7 SENATOR YOUNG: Just to clarify,
8 Senator, the audits are random. But the tenant
9 would have the capability at any time to go file
10 a complaint with the TPU.
11 SENATOR ESPAILLAT: Through you,
12 Mr. President.
13 ACTING PRESIDENT O'MARA: Do you
14 continue to yield, Senator Young?
15 SENATOR ESPAILLAT: Have we ever
16 allocated funding for the Tenant Protection Unit
17 through the budget process?
18 SENATOR YOUNG: No.
19 SENATOR ESPAILLAT: So through you,
20 Mr. President, this is a unit that's currently
21 working within HCR and we have never allocated a
22 cent to it through the budget process?
23 SENATOR YOUNG: There have been
24 adjustments to the budget proposals put forward
25 by the Governor. And so there has been no
4107
1 specific funding included in the state budgets
2 for a Tenant Protection Unit in New York State.
3 SENATOR ESPAILLAT: Through you,
4 Mr. President.
5 So do you know the results of the
6 Tenant Protection Unit, what have they
7 accomplished, what have they done within the HCR
8 agency? Are you aware of any of the results?
9 SENATOR YOUNG: We have asked the
10 department in the past for information, but they
11 have not given us much specifics.
12 SENATOR ESPAILLAT: Thank you.
13 I would like to now, through you,
14 Mr. President, address the issue of subletting of
15 apartments, which I believe you mentioned in your
16 explanation.
17 SENATOR YOUNG: Certainly.
18 SENATOR ESPAILLAT: Through you,
19 Mr. President.
20 ACTING PRESIDENT O'MARA: Are you
21 on the bill, or do you have a question for
22 Senator Young?
23 SENATOR ESPAILLAT: I have a
24 question.
25 ACTING PRESIDENT O'MARA: Senator
4108
1 Young, do you yield?
2 SENATOR YOUNG: Yes.
3 SENATOR ESPAILLAT: So this
4 proposed legislation chooses to restrict the
5 subletting of apartments for tenants. Will you
6 tell us what kind of restriction it places on
7 current tenants?
8 SENATOR YOUNG: Well, basically it
9 would not allow a tenant to sublet their
10 apartment to anyone else. And there have been
11 situations where people are actually profiting
12 and making money off of their apartments that are
13 rent-regulated.
14 Recently there was a court case
15 decided by the Court of Appeals, the Monteverde
16 case, and in that case it was determined by the
17 court that they considered rent regulation to be
18 a public benefit. And as such, that you can't --
19 you should not, in New York State or anywhere,
20 personally make money out of a public benefit.
21 So for example, if you are able to
22 secure food stamps because you meet the
23 eligibility requirements, you should not turn
24 around and sell those food stamps on eBay to make
25 a profit.
4109
1 And this is the same type of
2 situation, where people are in rent-regulated
3 apartments, they're subletting them out, and
4 they're making a profit. And we're saying that
5 is not acceptable.
6 SENATOR ESPAILLAT: Through you,
7 Mr. President.
8 So if a worker, a particular worker
9 has to relocate for a year to another region of
10 the state and that worker has to be gone for a
11 year or so, that particular worker will not be
12 able to sublet his or her apartment?
13 SENATOR YOUNG: They would be able
14 to sublet the apartment, Senator, as long as they
15 did not make a profit. And that's the point.
16 So you can still sublet your
17 apartment if a situation such as the one you
18 described arises. But if somebody sublets their
19 apartment so that they can rent it out to make a
20 profit -- maybe somebody visiting the city and
21 they want to have a place to stay, so the person
22 in the apartment wants to make a profit, make
23 some money out of that, that would not be allowed
24 under this provision.
25 SENATOR ESPAILLAT: And through
4110
1 you, Mr. President, who does that tenant have to
2 report to? Who do they have to report that
3 they're subletting this apartment for a year
4 because they're being relocated to another part
5 of the state?
6 SENATOR YOUNG: Well, under the
7 scenario where they would be handling this, the
8 lease would -- and by the way, leases have to
9 allow them to sublet in order to sublet, so
10 that's written into the lease.
11 But at the same time, you would have
12 to get approval by Housing and Community Renewal
13 under this legislation.
14 SENATOR ESPAILLAT: This is a new
15 provision -- through you, Mr. President, is this
16 a new provision of the law? Currently a tenant
17 does not have to notify HCR to sublet an
18 apartment; is that correct?
19 SENATOR YOUNG: That's correct,
20 yeah.
21 SENATOR ESPAILLAT: So this is a
22 new hurdle that a tenant has to go through.
23 Through you, Mr. President. Are you
24 familiar with a recent report submitted by the
25 State Comptroller that specifies the long wait
4111
1 periods for rent-overcharge complaints placed by
2 tenants before that particular agency?
3 SENATOR YOUNG: You know, Senator,
4 I am concerned about that. And we would like to
5 get a remedy out of the department.
6 And if this law were to be put into
7 place, we would request that the department comes
8 to the Legislature during the budget process,
9 comes to the Governor during the budget process,
10 and tells us how much money would be required in
11 order to carry out this program.
12 And I am sure that the members of
13 the Senate, the Assembly, and the Governor would
14 be happy to comply with their request.
15 SENATOR ESPAILLAT: Through you,
16 Mr. President.
17 So this is a provision in the bill
18 that calls on a tenant that may have to relocate
19 to another part of the state to not only notify
20 the landlord or to have a lease that stipulates
21 that in fact they have to notify the landlord,
22 but also to go through HCR, an agency that
23 according to the New York State Comptroller is
24 taking over a year to handle overcharge
25 complaints by tenants.
4112
1 So in essence, this particular
2 tenant could very well have to wait a full year
3 before he's able to determine whether or not this
4 apartment could be sublet.
5 SENATOR YOUNG: You know, I think
6 that in these types of instances if a sublet is
7 allowed under the lease, that there would be a
8 way for the department to figure it out. I think
9 they're smart people over at the department. I
10 have confidence in them. They would be able to
11 figure out how to expedite such a process.
12 But surely, Senator, I hope you're
13 not saying to the chamber and to the people of
14 New York State that if someone is getting the
15 benefit of a rent-regulated apartment and then
16 decides that they want to make money off of that,
17 and there are other people out there who truly
18 need to be in a rent-regulated apartment because
19 of their financial circumstances, that this type
20 of abuse of the system would be acceptable.
21 And we have heard of abuses of the
22 system through these types of situations. And
23 that is what this bill is targeted at, is to stop
24 those types of abuses.
25 SENATOR ESPAILLAT: Through you,
4113
1 Mr. President.
2 No, Senator, I am referring to
3 individuals that abide by the law, that perhaps
4 have to relocate somewhere in the state or across
5 the nation, and have to come back to that
6 particular apartment.
7 But the record shows that the agency
8 that they have to report to takes often over a
9 year to handle a simple overcharge complaint.
10 And so there's no funding -- through
11 you, Mr. President, is there any funding for
12 this? You said that there is no funding. Is
13 this an unfunded mandate?
14 SENATOR YOUNG: So an overcharge
15 would be a factual determination. This is not
16 that. It's not as complicated as dealing with an
17 overcharge.
18 So there are ways you could set up
19 the system. As I said, I have confidence in the
20 people at the agency. There are ways you could
21 set up the system so this could be fast-tracked,
22 handled quickly, and so the person can have a
23 determination in short order.
24 And it would be up to the
25 department, the agency, to come to the Governor,
4114
1 to come to the Legislature, as I said previously,
2 and tell us what they would need in order to
3 establish such a system.
4 SENATOR ESPAILLAT: So through you,
5 Mr. President, this is clearly an unfunded
6 mandate.
7 And we're hoping that next year the
8 fiscal condition of the state will be better and
9 perhaps we could all come back here and allocate
10 some funding to HCR so they can process these
11 requests for subletting apartments in less than a
12 year.
13 Now, subletting an apartment is a
14 time-sensitive matter. So if you have a job to
15 work in Connecticut for a year, I don't think
16 that you're going to be able, in many cases be
17 able to wait a full year before you're able to
18 move out of your apartment and go there and work
19 and come back.
20 ACTING PRESIDENT O'MARA: Senator,
21 are you on the bill or are you posing a question?
22 SENATOR ESPAILLAT: No, I want to
23 ask a question.
24 So there is no funding in this
25 particular bill for those purposes. And what
4115
1 standards would DHCR have to follow to process
2 these requests?
3 SENATOR YOUNG: They would just
4 have to review the subletting proposal and
5 determine whether it's appropriate or not.
6 SENATOR ESPAILLAT: Okay. Through
7 you, Mr. President, I would like now to address
8 the issue of income verification and the
9 universal registry that is proposed in this
10 particular bill.
11 The bill calls for income
12 verification and for the HCR, the Department of
13 Housing and Community Renewal, and the Department
14 of Taxation and Finance to actually verify the
15 income of all residents in any of the 2 million
16 units that are being impacted by this particular
17 legislation. Is that correct, Ms. Young?
18 SENATOR YOUNG: Yes, that would be
19 correct. It's very similar to what we do now
20 with the millions of residences in New York State
21 that receive STAR benefits. You can just go to
22 the website, the state website, do a couple of
23 clicks, fill it in, verify that's your income.
24 And it would be extremely easy.
25 SENATOR ESPAILLAT: Okay. Through
4116
1 you, Mr. President, does this bill do away with
2 vacancy decontrol, the practice that landlords to
3 deregulate an apartment after going above the
4 $2500 threshold?
5 SENATOR YOUNG: No.
6 SENATOR ESPAILLAT: Do you know how
7 many units have been lost in New York State in
8 the last 20 years through vacancy decontrol?
9 SENATOR YOUNG: You know, I don't
10 have those statistics.
11 But I will tell you that according
12 to the Rent Guidelines Board, over the last two
13 years there actually have been 1,256 units that
14 have been added. So you're talking about units
15 being lost; over the last two years, over a
16 thousand units have been added to the system.
17 SENATOR ESPAILLAT: Through you,
18 Mr. President.
19 Do you know, could you tell us if
20 this particular bill does away with the
21 20 percent vacancy bonus that allows landlords to
22 hike the rent 20 percent after a tenant leaves
23 the apartment?
24 SENATOR YOUNG: No, Senator.
25 SENATOR ESPAILLAT: Do you know if
4117
1 this bill provides for any kind of reform for
2 major capital improvement practices --
3 SENATOR YOUNG: No.
4 SENATOR ESPAILLAT: -- that are
5 established right now?
6 So through you, Mr. President, this
7 bill does not do away with vacancy decontrol,
8 which many folks have estimated resulted in the
9 loss of 200,000 units of affordable housing. It
10 does not do away with the 20 percent vacancy
11 bonus or it does not reform major capital
12 improvement practices.
13 Does it reform individual apartment
14 improvement practices?
15 SENATOR YOUNG: Senator, just to
16 clarify. When you say "lost," a lost apartment
17 or unit would be that it's no longer occupied at
18 all.
19 What you're speaking of, as a matter
20 of fact, is units becoming market-rate apartments
21 at an affordable rate. So I'd just like to
22 clarify that point for you.
23 SENATOR ESPAILLAT: Through you,
24 Mr. President, does it address individual
25 apartment improvement reforms?
4118
1 SENATOR YOUNG: No. We did
2 individual apartment approval reform four years
3 ago. Quite extensively, I might add.
4 SENATOR ESPAILLAT: Through you,
5 Mr. President, does this bill address anything
6 that has to do with preferential rent?
7 SENATOR YOUNG: No.
8 SENATOR ESPAILLAT: Through you,
9 Mr. President, does this bill up the threshold
10 for vacancy decontrol? It currently is $2,500.
11 Does it up it to $2,700, $3,000?
12 SENATOR YOUNG: No. But I will
13 also remind the Senator that four years ago that
14 amount was changed and it was increased to the
15 amount it is now. So it has undergone some
16 changes -- substantial changes, in my
17 estimation -- over the past four years.
18 And that did occur at that time. So
19 the feeling is because it was changed the last
20 time, that it's at an adequate amount.
21 SENATOR ESPAILLAT: Mr. President,
22 I want to thank Senator Young for her
23 explanation.
24 Now on the bill.
25 ACTING PRESIDENT O'MARA: Senator
4119
1 Espaillat on the bill.
2 SENATOR ESPAILLAT: This bill
3 proposes to do really nothing for tenants.
4 There's clearly a consensus across
5 the state, shared by many of us in this chamber,
6 in the Assembly chamber, in the second floor, and
7 across, particularly across the City of New York,
8 that there is currently a housing crisis. In the
9 last 20 years we lost over 200,000 units of
10 affordable housing that have been deregulated.
11 And in the last five years, it is estimated that
12 we lost 35,000 units of affordable housing. Yet
13 this bill proposes no help for tenants.
14 It doesn't do away with vacancy
15 decontrol. It doesn't do away with the
16 landlord's handsome 20 percent vacancy bonus. It
17 doesn't provide for major capital improvement
18 reform that allows a landlord to do a capital
19 investment in a building, get a rent hike in
20 perpetuity, for life, well beyond the time that
21 that landlord has captured the original
22 investment. It does not reform individual
23 apartment improvement rules. And it doesn't do
24 away with preferential rent, a practice that
25 allows a landlord to rent an apartment, when the
4120
1 market does not yield the rent that he or she may
2 want, at a lower rent, only for the tenant to
3 find out when their lease is up that they're not
4 protected by rent regulation.
5 So this is a bill that extends rent
6 regulation laws for eight years, pretty much
7 similar to what we have now, which has resulted
8 in a major crisis in New York City.
9 I will go further and say that it
10 creates greater hurdles and hoops to jump for
11 tenants, including a universal registry where now
12 over 2 million apartments, everybody that lives
13 in them -- father, mother, son, daughter,
14 grandfather -- will have to report their income,
15 a major endeavor. No funding has been
16 established yet as to how we will do that if it
17 becomes law.
18 In addition to that, subletting
19 practices, which are a part of New York City and
20 New York State, because people travel around the
21 state and often have to move temporarily to other
22 regions, are dramatically changed, asking those
23 particular tenants to not only report the fact
24 that they will be subletting an apartment to a
25 temporary tenant, but also to report it to HCR,
4121
1 an agency that, according to the New York State
2 Comptroller, takes over a year to handle a simple
3 overcharge complaint.
4 In addition to that, the Tenant
5 Protection Unit, which has been in existence for
6 some years now and which has resulted in the
7 getting at least 39,000 units of affordable
8 housing back, we recouped that back, which is
9 currently being challenged in court by the
10 landlord interests -- finally, this bill
11 acknowledges its existence and tries to codify
12 it, but it guts its practices.
13 It really eliminates its
14 effectiveness by curtailing their ability to go
15 after persistent unscrupulous landlords that
16 engage in practices that often result in fraud or
17 the displacement of families and tenants across
18 rent-regulated units in City of New York and the
19 State of New York.
20 So this is a clear extender that
21 doesn't have much for tenants. In fact, it
22 throws a monkey wrench in the middle of what
23 should be an effort to reach consensus and to
24 bring relief to over 2.5 million New Yorkers that
25 are knocking on our doors asking and telling us
4122
1 that the rent is too high and that they can no
2 longer live in the City of New York.
3 For those reasons, Mr. President, I
4 will be casting my vote in the negative.
5 ACTING PRESIDENT O'MARA: Senator
6 Squadron.
7 SENATOR SQUADRON: Thank you,
8 Mr. President.
9 It's after 9:30 at night here. In
10 just a couple of hours, these rent laws expire.
11 And we're sitting here talking about a bill that
12 doesn't exist in the other house, that has no
13 chance of becoming law and that, as Senator
14 Espaillat just described eloquently, would be
15 deeply destructive if it did.
16 It doesn't make any sense. It
17 doesn't make any sense to be talking about a bill
18 that goes on for eight years without doing
19 anything about vacancy decontrol or the vacancy
20 bonus, without doing anything about individual
21 apartment improvements or preferential rents.
22 So a bill that is essentially
23 designed to ensure a significant shrinking of the
24 stock of affordable housing in New York City, is
25 sure to ensure an ongoing harassment of tenants
4123
1 because landlords have the incentive to have
2 turnover and churn rather than stability so they
3 can get to that vacancy threshold, and a bill
4 that ensures that special interests will yet
5 again rule the day in Albany instead of the
6 voices of, as Senator Young on behalf of Senator
7 Rules said, 2 million New Yorkers.
8 This is pure politics. It's pure
9 politics at 9:30 at night. I'm not going to
10 speak long, because we shouldn't be here debating
11 this bill.
12 I would urge the Majority to go
13 downstairs, sit with the Governor. The Assembly
14 has been clear on their position here. And let's
15 get a bill passed that extends and strengthens
16 rent regulation. Let's get a bill passed that
17 speaks to my constituents and the constituents of
18 so many of us in this house who desperately need
19 to know that their affordable housing is
20 protected, that their city, in New York City and
21 a number of the surrounding cities, is one that's
22 going to continue to be diverse and allow people
23 along the economic spectrum to make a life.
24 Let's not sit here and do this kind
25 of political bill that's got no chance of being
4124
1 law at a time when tenants across New York City
2 and beyond are really afraid of what the
3 expiration of rent laws means.
4 Let's be clear, it's not going to
5 mean anything in the next couple of days. You've
6 got to be sure about that. If anyone's
7 threatened or anything different is suggested,
8 you have to know that's not the case.
9 But nonetheless, people know the
10 laws by which their homes are protected are
11 expiring, and here in the State Senate we are
12 dealing with a political bill that has no chance
13 of being law. Let's stop, go downstairs and
14 negotiate. Let's get a bill that deals with
15 these issues.
16 Thank you, Mr. President.
17 ACTING PRESIDENT O'MARA: Senator
18 Krueger.
19 SENATOR KRUEGER: Thank you,
20 Mr. President. If the sponsor would yield,
21 please.
22 ACTING PRESIDENT O'MARA: Senator
23 Young, will you yield?
24 SENATOR YOUNG: Yes.
25 SENATOR KRUEGER: Thank you.
4125
1 So I listened carefully to the
2 Senator's explanation of what's in the bill. I
3 listened carefully to what Senator Espaillat
4 argued needs to be in the bill. They don't
5 match.
6 But Senator Young answered: "We
7 think the current standards are adequate." Who
8 are "we"?
9 SENATOR YOUNG: So I think that in
10 the Senate on our side of the aisle, we feel that
11 the system as it stands right now, with a
12 straight extender and with some modifications --
13 and this is a good opportunity to make some
14 reforms, to make sure that those receiving the
15 benefits of rent regulation and rent control do
16 indeed qualify for that -- and with the other
17 reforms that we have as far as dealing with
18 landlord harassment, the Tenant Protection Unit,
19 all those parts of the bill we feel are very good
20 policies, that they should be put into place.
21 And so that's our position on it.
22 SENATOR KRUEGER: On the bill,
23 Mr. President.
24 ACTING PRESIDENT O'MARA: Senator
25 Krueger on the bill.
4126
1 SENATOR KRUEGER: I want to thank
2 the sponsor -- well, not the sponsor, the
3 spokesperson for Senator Rules.
4 Speaking on behalf of the over
5 2 million people who live in New York City, we
6 think the current standards are completely
7 inadequate and this bill is an outrage. It would
8 do nothing to help and only harm affordable
9 housing and the tenants in New York City housing
10 over an eight-year period.
11 For the record, Mayor Bloomberg
12 spent $8 billion to build 165,000 affordable
13 units, and at the end of his tenure assignment we
14 were further behind on affordable units that when
15 we started. Why? Because of the existing
16 standards for rent regulation and the fact that
17 under existing law -- that would only be made
18 worse if this bill tonight became the law of the
19 State of New York -- we have seen hundreds of
20 thousands of units removed from affordability in
21 the City of New York.
22 We have a mayor and a City Council
23 who are committed to a plan for 200,000 new
24 units, who are down there in New York City --
25 perhaps some of them are up here -- begging us to
4127
1 pass the kind of bill the City of New York needs.
2 Every one of us who come from
3 New York City is hearing from our residents, our
4 constituents, that expiration is terrible but
5 this version would be even worse than the
6 existing law.
7 So when we talk about what New York
8 City needs, I would argue we ought to listen to
9 New York City. I would argue the State of
10 New York ought not to be making housing policy
11 for New York City at all, that we should actually
12 repeal the Urstadt Law that was passed in 1974
13 and give control of housing policy for New York
14 City back to New York City. But I suspect if I
15 were to put that on the floor tonight, that
16 wouldn't pass either.
17 So we'll do our dance. This
18 legislation is completely unacceptable and
19 insulting. And when we talk about "we," let's
20 just be very clear. The "we" that actually has
21 to find and keep affordable housing in New York
22 City are not the "we" who are supporting this
23 bill. I vote no.
24 Thank you, Mr. President.
25 ACTING PRESIDENT O'MARA: Senator
4128
1 Hoylman.
2 SENATOR HOYLMAN: Thank you,
3 Mr. President. On the bill.
4 I wanted to thank my colleagues for
5 that very interesting debate, in particular
6 Senator Espaillat for your expert questioning
7 elucidating a lot of the concerns that my
8 constituents are feeling at this very moment.
9 I have 50,052 units of
10 rent-regulated apartments in my district. That's
11 the Upper West Side and Chelsea, Peter Cooper-
12 Stuy Town, which has 25,000 residents who are
13 rent-regulated -- that's larger than many towns
14 in New York State. And they're wondering tonight
15 what's going to happen. A lot of them are
16 probably watching or going to wake up in the
17 morning and call their friends and their
18 neighbors, and they want to know is their
19 apartment still going to be regulated.
20 Well, we've tried to reassure them,
21 that they shouldn't sign anything, that they
22 should sit tight, that the Legislature will fix
23 this problem. And I hope that is going to be the
24 case. But I have to wonder, because -- I mean,
25 this isn't Schoolhouse Rock. This isn't the way
4129
1 we learned how a legislature is supposed to
2 function.
3 It's almost 10 o'clock. We've had
4 this issue on our table for years. We're at the
5 eleventh hour, and we have no resolution in
6 sight, even. We could have had a committee
7 hearing, we could have had a public hearing, but
8 we failed to do so. And now I have constituents,
9 Mr. President, I have seniors, people with
10 disabilities, vets, single moms with kids,
11 calling wondering what their status is going to
12 be in their rent-regulated unit tomorrow morning.
13 And I have to ask my colleagues on
14 the other side of the aisle, you may not have
15 rent-regulated tenants in your district, but
16 think about your communities. Think about if
17 your community was being overturned gradually, if
18 your neighbors and friends had to leave in
19 droves, as so many of them are having to do in
20 Manhattan.
21 And the New York Daily News did an
22 exposé on this very fact, and they found that
23 100,000 units of rent-regulated apartments are
24 likely to be flipped to market if we don't do
25 something about vacancy decontrol. And that
4130
1 includes so many neighborhoods for so many of us.
2 For me, in the neighborhood of
3 Chelsea, 27,878 total rent-regulated apartments,
4 11,000 of them are likely to be flipped to market
5 rate. That's 41 percent. Forty-one percent of
6 that neighborhood could change, could have to
7 leave? Forty-one percent of my friends, my
8 colleagues, my constituents?
9 That also includes the neighborhood
10 of Lower Manhattan, Murray Hill, Stuyvesant Town.
11 And Stuyvesant Town, of 25,908 units in the
12 Murray Hill, Midtown East area, 35 percent of
13 them, 35 percent of those units could go market.
14 So this is a serious, serious
15 crisis. And we're taking it very seriously. And
16 while I think the bill before us was an attempt
17 to address a very complicated issue, I think it
18 really strikes me as one that was in fact an
19 ability -- you took the opportunity, rather, to
20 use so many of my constituents as a bargaining
21 chip. And I have to say I don't appreciate it.
22 I think that we owe our citizenry
23 the full and complete and sincerity of our
24 efforts here, Mr. President. We should not be
25 toying with the lives of rent-regulated tenants
4131
1 who are waking up tomorrow morning not knowing
2 whether we've done our job here or not.
3 And I would urge my colleagues on
4 the other side of the aisle to meet with the
5 Assembly, to hammer out a plan, to make certain
6 that if we renew the laws, we don't spell the
7 death knell of rent regulation. Because I'm
8 hearing that there is some appreciation for
9 rent-regulated apartments, but if we don't end
10 vacancy decontrol, in eight years we may not have
11 any rent-regulated apartments left.
12 So it's so important, Mr. President,
13 for us to address this issue head on, with
14 sincerity. And I will be voting nay on this bill
15 and urge my colleagues to do the same.
16 Thank you.
17 ACTING PRESIDENT O'MARA: Senator
18 Rivera.
19 SENATOR RIVERA: Thank you,
20 Mr. President.
21 When I got here five years ago, I
22 didn't know many Republicans. And I had never
23 lived outside the City of New York -- I still
24 haven't, since I moved to New York State.
25 And so talking to my colleagues
4132
1 across the aisle, whether they represent suburban
2 districts or represent rural districts, I admit I
3 know nothing about farms. I think one of the
4 funniest things you could do is watch me go
5 through a farm walking around, probably tripping
6 and falling on mud and what have you.
7 Therefore, I don't understand the
8 issues of farming communities upstate. So I
9 listen to my colleagues on those issues --
10 suburban districts, other districts across the
11 state.
12 I would think, then, that my
13 Republican colleagues should take a second to
14 listen to the folks that are actually
15 representing the people that these laws going to
16 impact.
17 I'm appalled, Mr. President. I have
18 almost 70,000 units in my district. And let me
19 say just a little bit about my district. The
20 median income is $26,000 a year in New York City,
21 in the Bronx.
22 The number-one issue when people
23 come to my district, whether first it's either
24 employment or housing, it's usually somebody
25 needs a job or somebody has an issue with their
4133
1 landlord or are looking for an apartment, and
2 usually the two are connected. Somebody doesn't
3 have a job, they can't afford an apartment. Or
4 maybe the apartment that they have they can
5 barely afford with the job that they have. Those
6 are the realities of the people that we
7 represent.
8 Seventy thousand units. I live in
9 one of them myself. The reality is that if rent
10 stabilization did not exist in the State of
11 New York, I would not be able to live in the city
12 or thrive in the city.
13 I have -- regardless of the
14 conversation that we've had here about raising
15 our salaries, compared to my constituency, I live
16 a pretty good life. That is not their reality.
17 Their reality is that they can barely get by
18 today with the laws as they exist.
19 In the last couple of months, the
20 last couple of months we have said over and over
21 again -- not just us, but thousands of our
22 constituents that have come up here, thousands of
23 constituents have called each one of your offices
24 and yours. People that have walked through out
25 doors, they have told us that we need to talk
4134
1 about rent regulation and we need to talk about
2 the fact that in just a few hours, they will
3 expire.
4 And as opposed to having a real
5 conversation about that, what we do -- or not we,
6 but we as a body -- is we put this bill on the
7 floor that we know has no chance of passing and
8 becoming law. And instead of considering what
9 the Assembly did, which is at least put a two-day
10 extender so that we can have conversations --
11 because I understand deals take time. But as
12 opposed to doing that, so at least we can have a
13 conversation, we take this opportunity to put
14 this bill on the floor which, as all my
15 colleagues have pointed out, does nothing to
16 solve the issue of the constituencies that we
17 represent.
18 And certainly if it became law --
19 and it won't. But if it does because law, it
20 would perpetuate the conditions that make sure
21 that more and more units are lost and that less
22 and less people can actually live in the State of
23 New York.
24 So, Mr. President, as you can
25 probably guess, I will be voting in the negative.
4135
1 But one more thing I wanted to mention, because
2 this bill -- again, it's just bad from top to
3 bottom. There's one point in particular that I
4 just want to talk for two seconds, this income
5 verification system.
6 It reminds me of the conversation
7 that in other states in the country we're having
8 about voter fraud. The idea that we need to get
9 rid of voter fraud, right? In other parts of the
10 country there have been bills and laws that have
11 been established to try to eradicate this
12 problem -- which doesn't exist. It is a solution
13 looking for a problem.
14 This idea that we need to make sure
15 that the people that are living in these
16 apartments are not stealing from them, right, are
17 not taking advantage of a system, is not the
18 reality of the hundreds of people that have come
19 into my district, or thousands, over the years
20 that I've been representing my district in the
21 Bronx. So it is a red herring, and it is just
22 another bit that is just as horrible as the rest
23 of the bill.
24 So, ladies and gentlemen, I don't
25 know why we are considering this. Well, actually
4136
1 I do know why. But I will just say that it is an
2 insult to thousands of constituents across the
3 State of New York. It is an insult to the
4 conversation that we've been trying to have
5 for the last couple of months about how to renew
6 rent regulation and do it in a thoughtful way
7 that actually takes into account the hundreds of
8 thousands of New Yorkers, the millions of
9 New Yorkers that don't know, in two hours,
10 whether they're going to have a place to live.
11 I vote in the negative,
12 Mr. President.
13 ACTING PRESIDENT O'MARA: Senator
14 Sanders.
15 SENATOR SANDERS: Thank you,
16 Mr. President.
17 It's a fine clock that faces me
18 right in front, very old and very nice, if the
19 truth is told. But tonight it's looking uglier
20 and uglier on the bill.
21 In two hours, roughly, two hours and
22 ten minutes, if one wants to be exact, a social
23 compact that we have hammered out in this great
24 state is going to expire in rough two hours. We
25 are going to advocate our position in government,
4137
1 and we're going to say to the people, 2 million
2 strong: You are on your own. There will be a
3 period of time where the social safety net that
4 we have said that we are going to make sure
5 exists will not be there.
6 How long that will be remains to be
7 seen. But in two hours, roughly, we're going to
8 say to people, we're going to say to hardworking
9 people, You've done your part of it, of the
10 social compact, you've got out there and you got
11 the best job that you could, you worked as long
12 as you could, you put in those extra hours, you
13 did everything you could so that you paid your
14 rent so that you could make sure that your
15 children were taken care of -- and yet we have
16 not.
17 We knew this day was coming. My
18 colleague right in back of me has a clock that
19 he's not allowed to bring in here. Wouldn't that
20 clock be useful right around now, where we can
21 see it wind down, moment by moment. What that
22 means is people are getting closer and closer to
23 a type of panic, a type of horror of not knowing
24 if your rent is going to increase, will it
25 double, will it triple, can you do anything about
4138
1 it.
2 They've done their part. I urge my
3 colleagues that there's still some time. We
4 should take those two hours. We should quietly
5 get to a quiet room with the Assembly and say,
6 Hey, let's hammer something out, that we in
7 New York are better than this, that we at the
8 state level, we can make a compromise, we can
9 reach an understanding that will be something
10 positive for the people of New York.
11 So my comments have been short
12 because tonight I want to give you every second
13 that you can to -- get thee to a monastery? No,
14 that we need to get to our colleagues and really
15 work on what the people of New York deserve.
16 Thank you very much, Mr. President.
17 ACTING PRESIDENT O'MARA: Senator
18 Latimer.
19 SENATOR LATIMER: Thank you,
20 Mr. President. On the bill.
21 It appears in our discussion tonight
22 we are identifying our geography as well as our
23 politics. So I stand as a suburban Democrat,
24 which is a rather unique species in this
25 chamber -- perhaps a very endangered species.
4139
1 But the bottom line is that I had a moment last
2 week on a different bill that I think,
3 Mr. President, is germane to this bill, so I'd
4 like to reference that to make the point on this
5 bill.
6 A bill was surfaced last week to
7 modify the SAFE Act, which I voted for, along
8 with other people in this chamber. And I was one
9 of only a couple of members of my conference, and
10 the only one in my geography, that voted for that
11 amendment, those changes. And I did that not
12 because I personally own a gun -- I don't -- not
13 because I've ever fired a gun -- I haven't -- but
14 because I talk to friends of mine and colleagues
15 both in this chamber and the other chamber that I
16 was in, and I tried to understand what was it
17 about the SAFE Act that has made people in
18 upstate so upset and in some ways beyond what the
19 actual provisions of the act did.
20 And as I thought about what I heard
21 from some of my colleagues -- and I consider them
22 friends even if we disagree on issues, even if we
23 work at opposite ends at election time -- I
24 understood that there was a certain reality in
25 upstate which a suburbanite or a city person
4140
1 might not understand, but that that reality had
2 to be respected. And if this chamber was going
3 to make a modification on the SAFE Act, then I
4 should be thoughtful, as a suburban Democrat, for
5 the needs of people that I don't represent.
6 So I voted in a way that is not
7 necessarily popular in my district. The SAFE Act
8 was very popular in my district.
9 Tonight I think this is a very
10 similar situation, if not for me -- perhaps for
11 me -- but for other people in the room. These
12 provisions do affect 25,000 units in Westchester
13 County. Senator Stewart-Cousins has the bulk of
14 those; Senator Murphy and I have some of them.
15 There are a few in Nassau County, I'm not sure
16 who represents those. There are some in Rockland
17 County as well.
18 But this is a question of me trying
19 to understand not just what's happening in parts
20 of Westchester, but what is happening in the
21 Bronx and Brooklyn. And that reality may be as
22 different to me in my district as the realities
23 are in the Southern Tier of New York State or in
24 the Adirondacks of New York State. But they do
25 send us here to make decisions about the whole
4141
1 state and the pieces of the state.
2 So my sense is that rather than
3 castigate a majority -- we know where the votes
4 are going to be tonight, and we know how this
5 issue is going to be resolved tonight in this
6 chamber -- I'm going to look past tonight's vote.
7 Because it is accurate that neither the action
8 taken here tonight by the majority nor the action
9 taken down the hallway by the other majority is
10 the final word on this.
11 It will take us a way -- and I'm not
12 going to be part of that us, not being a part of
13 leadership -- but it's going to take a royal us
14 to sit and talk through the differences that we
15 have and the separate interests that we
16 represent, and we're going to have to try to
17 figure out which path we want to go down.
18 Do we want to go down the path of
19 being Republicans and Democrats eternally at each
20 other's throats? Do we want to go down the path
21 of upstaters and city peoples eternally down each
22 other's throats? Do we want to go down the path
23 where everything we do is all about the next
24 election?
25 Or do we want to take a broader of
4142
1 view of New York and say that things that are
2 right can be worked out by reasonable people,
3 different conflicting interests can somehow be
4 harmonized, and out of that process,
5 Mr. President, we will have a better New York?
6 I believe in that, and I hope for
7 that. And whatever happens in tonight's vote, I
8 hope that's what will happen in the next 24 or
9 48 hours. Thank you for the time.
10 ACTING PRESIDENT O'MARA: Senator
11 Hamilton.
12 SENATOR HAMILTON: Mr. President, I
13 rise in opposition to this bill.
14 As I stand here today, many
15 constituents in my community are living the
16 American nightmare right now. The American dream
17 is being denied to the middle class, who are now
18 becoming the working poor. Many individuals in
19 my district now pay more than 50 percent of their
20 income to rent.
21 And every day we come into these
22 chambers and we pledge allegiance to the flag and
23 we say we want to get liberty and justice for
24 all. I wonder if we really truly understand and
25 mean what we say, with liberty and justice for
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1 all.
2 What's happening now is not justice
3 for all in the working class in my district.
4 Studio apartments now are going for $2200 a
5 month. We won't raise the minimum wage, so
6 people are living three families in a
7 three-bedroom apartment. That's what's happening
8 to many people in my district.
9 So rent decontrol is an important
10 aspect in my district, and this bill doesn't
11 really address it. And I just wish that we could
12 all come together as a family, as a Senate
13 family, and do the right thing for the working
14 class, the middle class, who are now being pushed
15 to the margins in New York State.
16 And I think for us to be the great
17 state, the Empire State that we are, it's not a
18 Democratic issue, it's not a Republican issue,
19 it's a human issue. And I hope we can come to a
20 decision and a determination to make sure that
21 all New Yorkers have affordable housing, be it if
22 you're a farmer, a farmworker -- that's why I
23 vote for the farmworkers' bills.
24 I vote on issues not based on
25 Democrat or Republican, I vote on issues based on
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1 common decency, based on being a person who
2 believes that everybody should be able to live in
3 this state, raise their family, have good
4 schools, have affordable housing. We all have
5 the same values. We all believe in the same
6 things.
7 But for some reason when we get into
8 this room, we have a Mason-Dixon Line going down
9 this aisle right here. And I hope we can change
10 that. This is not the North and the South. You
11 know, maybe it is the north and the south.
12 (Laughter.)
13 SENATOR HAMILTON: But you know, we
14 talk about the North Country, which I love, which
15 is truly upstate. I love the city too. And I
16 want all of us to work together as New Yorkers in
17 the great State of New York to make sure our
18 great state can still be the leader in the
19 future.
20 So we have two hours left. And I
21 feel that maybe not tonight, but sometime before
22 we leave here this week, we can come to a
23 resolution that works for all New Yorkers and not
24 just for some New Yorkers.
25 So I have to vote in the negative,
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1 Mr. President, on this bill. And I just hope
2 that as we look at the mothers in New York City
3 who go to work every day and come home to live in
4 a shelter because their minimum-wage salary
5 cannot afford them affordable housing in our
6 district -- in New York City now we have the
7 highest homeless rate ever in New York State.
8 And you would think that we would come to a
9 resolution on how to alleviate that.
10 If this bill does not pass, the
11 homeless rate will increase, if not double. And
12 here we are the greatest state, New York, and we
13 pride ourselves on people being homeless in our
14 great city. So I have to vote no on the bill.
15 Thank you very much.
16 ACTING PRESIDENT O'MARA: Thank
17 you, Senator Hamilton.
18 Seeing no other Senator wishing to
19 be heard, debate is closed. The -- Senator Young
20 to close.
21 SENATOR YOUNG: Thank you,
22 Mr. President. To close the debate.
23 First of all, I want to say that I
24 deeply respect my colleagues on the other side of
25 the aisle, and I appreciate your impassioned
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1 concerns.
2 Senator Rivera talks about people
3 living in his district who earn around $26,000 a
4 year. Senator Hamilton talked about people
5 paying more than 50 percent of their income in
6 rent. And that's why we passed in this house
7 just a couple of weeks ago the TRIE program,
8 which is the Tenant Rent Increase Exemption
9 program, that is a rent freeze for people living
10 in rent-regulated apartments who are earning
11 $50,000 a year or less and paying more than
12 50 percent of their income toward rent.
13 We know people in those types of
14 situations truly, truly are struggling. And
15 that's why we put forward that bill. It's
16 actually based on a very popular program, SCRIE,
17 the Senior Citizen Rent Increase Exemption, and
18 another program, the DRIE, Disabilities Rent
19 Increase Exemption. We'd like to get all three
20 of those made into law to address the situations
21 that you just described.
22 Now, I want to remind everybody that
23 the legislation we're voting on right now is an
24 eight-year extension of the rent laws in New York
25 State, eight years. And it would give tenants
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1 that predictability, that stability that they
2 talk about.
3 And so to say that this bill
4 has no chance of becoming law -- I know we heard
5 from a couple of our colleagues on that. It
6 could become law tonight. It's 10 o'clock. We
7 would just to pass this, send it over to the
8 Assembly, have the Assembly pass it, the Governor
9 could sign it, and it would be taken care of. So
10 I just want to remind people of that.
11 You know, we want the same things, I
12 believe. We want to have more affordable housing
13 in New York City. We want more affordable
14 housing in New York State. But the reality is --
15 and people talk about this, I've heard you talk
16 about it on the other side of the aisle -- that
17 there is a housing shortage, there is a housing
18 crisis in New York City.
19 Rent control and rent regulation has
20 been around for 72 years, and it's not working.
21 And it's because it artificially limits the
22 supply of housing. If you apply the basic laws
23 of supply and demand, we could cure this. And
24 one of the ways you do it is by increasing the
25 supply.
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1 So for example, right now in the
2 Senate there's been a bill that's been introduced
3 that is a variation of Mayor de Blasio's 421-a
4 program that would basically expand the number of
5 rent-regulated apartments in New York City by
6 providing a tax exemption as an incentive. So it
7 would increase affordability and add to the
8 existing rent-regulated stock, and these units
9 would be in rent regulation for 35 years.
10 So there are solutions out there
11 that are on the table. And I have to tell you,
12 you know, I'm old enough now, I lived through the
13 '70s. And I hate to say that, but -- anybody who
14 lived through the '70s? I know you have. So you
15 remember, probably, as I do, when there were
16 price controls put on gasoline. And we had to --
17 six kids in my family, we had a station wagon,
18 because that's how we could fit everybody into
19 it. But we had to wait in those long lines. We
20 had only get gas on Tuesdays and Thursdays
21 because those were the only days you could get
22 it. And it's because of the laws of supply and
23 demand, and there was a limited supply because of
24 price controls.
25 We see a similar situation with the
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1 housing in New York City.
2 So from our perspective, we need to
3 give that stability, pass this rent bill tonight,
4 get it done in the Assembly, have the Governor
5 sign it. It would be an eight-year extender.
6 But at the same time we have to work on solutions
7 that actually increase the supply of affordable
8 housing in New York City and New York State.
9 Thank you.
10 ACTING PRESIDENT O'MARA: Thank
11 you, Senator Young.
12 Debate is now closed. The Secretary
13 will ring the bell.
14 Will members please return to the
15 chamber so we can complete the final vote of the
16 night.
17 The Secretary will read the last
18 section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT O'MARA: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT O'MARA: Announce
25 the result.
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1 THE SECRETARY: In relation to
2 Calendar 1597, those recorded in the negative are
3 Senators Addabbo, Avella, Breslin, Carlucci,
4 Comrie, Díaz, Dilan, Espaillat, Gianaris,
5 Hamilton, Hassell-Thompson, Hoylman, Kennedy,
6 Klein, Krueger, Latimer, Montgomery, Panepinto,
7 Parker, Peralta, Perkins, Rivera, Sampson,
8 Sanders, Savino, Serrano, Squadron, Stavisky,
9 Stewart-Cousins and Valesky.
10 Ayes, 32. Nays, 30.
11 ACTING PRESIDENT O'MARA: The bill
12 is passed.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: Yes, I'd like
15 to hand up some other committee assignments.
16 ACTING PRESIDENT O'MARA: The
17 committee assignments are received and filed with
18 the Journal Clerk.
19 SENATOR DeFRANCISCO: First, an
20 announcement.
21 There's going to be a Republican
22 conference promptly at 10:30 a.m. So be there on
23 time, please.
24 Is there any further business at the
25 desk?
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1 ACTING PRESIDENT O'MARA: There is
2 no further business, Senator.
3 SENATOR DeFRANCISCO: Then we are
4 adjourned until Tuesday, June 16th, at
5 12:00 noon.
6 ACTING PRESIDENT O'MARA: The
7 Senate stands adjourned until Tuesday, June 16th,
8 at 12:00 noon.
9 (Whereupon, at 10:12 p.m., the
10 Senate adjourned.)
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