Regular Session - March 30, 2016

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 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 30, 2016

11                     4:33 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

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21  

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25  


                                                               1516

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.) 

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by the Reverend Peter 

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

12   Albany.  

13                Father?

14                REVEREND YOUNG:   Thank you, 

15   Senator.  

16                Let us pray.  

17                In today's budget discussions, 

18   citizens will be asking you to share God's love 

19   to one another and to strive toward a way of 

20   life in keeping with Your plan, O Heavenly 

21   Father.  

22                Send down Your blessings on these 

23   Senators who have devoted themselves to helping 

24   all of our New York State citizens.  Our 

25   invocation today calls to us to heed the word 


                                                               1517

 1   and the call of Your heart here, and of our 

 2   passion for equity.  

 3                O God, You are the creator of all 

 4   things.  You have placed on these Senators the 

 5   obligation of toil to better the lives of all 

 6   New York State citizens, and we call on You, 

 7   God, to bless them with energy and good health 

 8   for their most challenging senatorial duties.  

 9                Amen.  

10                ACTING PRESIDENT GRIFFO:   Thank 

11   you, Father.

12                The reading of the Journal.

13                THE SECRETARY:   In Senate, 

14   Tuesday, March 29th, the Senate met pursuant to 

15   adjournment.  The Journal of Monday, March 28th, 

16   was read and approved.  On motion, Senate 

17   adjourned.

18                ACTING PRESIDENT GRIFFO:   Without 

19   objection, the Journal will stand approved as 

20   read.

21                Presentation of petitions.

22                Messages from the Assembly.

23                Messages from the Governor.

24                Reports of standing committees.

25                Reports of select committees.


                                                               1518

 1                Communications and reports from 

 2   state officers.

 3                Motions and resolutions.

 4                Senator DeFrancisco.

 5                SENATOR DeFRANCISCO:   Yes, 

 6   Mr. President, I move that the following bill be 

 7   discharged from its respective committee and be 

 8   recommitted with instructions to strike the 

 9   enacting clause.  That's Senate Bill 7105, by 

10   Senator Golden.

11                ACTING PRESIDENT GRIFFO:   It's so 

12   ordered.

13                SENATOR DeFRANCISCO:   In addition, 

14   on page 30 I offer the following amendments to 

15   Calendar Number 423, Senate Print 6952, by 

16   Senator Hannon, and ask that said bill retain 

17   its place on the Third Reading Calendar.

18                ACTING PRESIDENT GRIFFO:   The 

19   amendments are received, and the bill shall 

20   retain its place on third reading.

21                SENATOR DeFRANCISCO:   Would you 

22   please recognize Senator Gianaris.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Gianaris.

25                SENATOR GIANARIS:   Thank you, 


                                                               1519

 1   Mr. President.  

 2                I move that the following bill be 

 3   discharged from its respective committee and be 

 4   recommitted with instructions to strike the 

 5   enacting clause:  Senate Bill 6825.

 6                ACTING PRESIDENT GRIFFO:   It is so 

 7   ordered.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Yes, could 

10   you take up the noncontroversial reading of the 

11   calendar.

12                ACTING PRESIDENT GRIFFO:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   261, by Senator Kennedy, Senate Print 4229A, an 

16   act to amend the Real Property Tax Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               1520

 1   is passed.

 2                THE SECRETARY:   Calendar Number 

 3   276, by Senator Lanza, Senate Print 3361A, an act 

 4   to amend the Vehicle and Traffic Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect the first of April.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                THE SECRETARY:   Calendar Number 

16   298, by Senator Gallivan, Senate Print 394, an 

17   act to amend the Criminal Procedure Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 57.  Nays, 3.  


                                                               1521

 1   Senators Hoylman, Krueger and Squadron recorded 

 2   in the negative.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   308, by Senator Bonacic, Senate Print 1370, an 

 7   act to amend the Education Law.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 60.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   318, by Senator Marcellino, Senate Print 418, an 

20   act to amend the Labor Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect on the 60th day.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               1522

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.  Nays, 2.  

 4   Senators Krueger and Panepinto recorded in the 

 5   negative.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                THE SECRETARY:   Calendar Number 

 9   327, by Senator LaValle, Senate Print 3689, an 

10   act to amend the Town Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 59.  Nays, 1.  

19   Senator Espaillat recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   is passed.

22                THE SECRETARY:   Calendar Number 

23   333, by Senator Boyle, Senate Print 6739, an act 

24   to authorize.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               1523

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.  Nays, 1.  

 8   Senator Bonacic recorded in the negative.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   is passed.

11                THE SECRETARY:   Calendar Number 

12   343, by Senator Ritchie, Senate Print 1822, an 

13   act to amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.  Nays, 1.  

22   Senator Espaillat recorded in the negative.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1524

 1   350, by Senator Funke, Senate Print 2711, an act 

 2   to amend the Penal Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the first of November.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.  Nays, 1.  

11   Senator Parker recorded in the negative.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 

15   356, by Senator Nozzolio, Senate Print 5599A, an 

16   act to amend the Penal Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect on the 90th day.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT GRIFFO:   Announce 

25   the results.


                                                               1525

 1                THE SECRETARY:   In relation to 

 2   Calendar 356, those recorded in the negative are 

 3   Senators Krueger, Montgomery, Parker and Sanders.  

 4                Ayes, 57.  Nays, 4.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   375, by Senator Ranzenhofer, Senate Print 4312B, 

 9   an act to amend the Education Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 2.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 61.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   382, by Senator Young, Senate Print 2991A, an act 

22   to amend the Penal Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               1526

 1   act shall take effect on the same date and in the 

 2   same manner as Chapter 477 of the Laws of 2015.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   In relation to 

 7   Calendar 382, those recorded in the negative are 

 8   Senators DeFrancisco, Montgomery and Parker.  

 9                Ayes, 58.  Nays, 3.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   is passed.

12                THE SECRETARY:   Calendar Number 

13   384, by Senator Nozzolio, Senate Print 5832A, an 

14   act to amend the Criminal Procedure Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 61.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               1527

 1   385, by Senator Golden, Senate Print 5850, an act 

 2   to amend the Penal Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 60th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 58.  Nays, 3.  

11   Senators Montgomery, Parker and Sanders recorded 

12   in the negative.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   is passed.

15                Senator DeFrancisco, that concludes 

16   the noncontroversial reading of today's 

17   active-list calendar.

18                SENATOR DeFRANCISCO:   Is there any 

19   further business at the desk?  

20                ACTING PRESIDENT GRIFFO:   There is 

21   currently no further business at the desk.

22                SENATOR DeFRANCISCO:   How about 

23   now, is there further business at the desk?  

24                (Laughter.)

25                ACTING PRESIDENT GRIFFO:   No.


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 1                SENATOR DeFRANCISCO:   Okay.  In 

 2   that case, I move to adjourn until Thursday, 

 3   March 31st, at 11:00 a.m.

 4                ACTING PRESIDENT GRIFFO:   On 

 5   motion, the Senate will stand adjourned until 

 6   Thursday, March 31st, at 11:00 a.m.  

 7                The Senate stands adjourned.

 8                (Whereupon, at 4:42 p.m., the Senate 

 9   adjourned.)

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