Regular Session - June 14, 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 June 14, 2016
11 1:12 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
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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 on this Flag Day.
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 Bishop Aubrey C.H.
11 Brown, Jr., pastor of Cathedral of Praise in
12 Brooklyn.
13 BISHOP BROWN: Let us pray.
14 Almighty God, the monarch of the
15 universe, the sovereign deity of all mankind, we
16 approach Your throne with awe and complete
17 wonderment, rejoicing in the glory of Your might
18 and the mercies of Your grace. It is with
19 profound joy and hearts of gratitude that we
20 come before You today, thanking You for having
21 brought us together in the unity of Your love,
22 in the bond of peace.
23 We solicit Your presence today.
24 These honorable men and women come together to
25 execute business on behalf of the great State of
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1 New York. We ask that Your divine wisdom and
2 power will guide them as they labor for the
3 common good of their constituents. May You
4 grant them wisdom, courage, and understanding as
5 they conduct the business of this house for the
6 good of the citizens of the state.
7 O God of Abraham, Isaac and Jacob,
8 cause Thy face to shine upon them even in their
9 darkest hour of decision-making. Grant them
10 success in fulfilling their God-given
11 responsibilities.
12 Dear Father, hear our prayers in
13 this sacred hour of human solicitations. Grant
14 Thy divine guidance upon these, Your public
15 servants. We pray that the power of the Holy
16 Spirit will guide them in all their
17 undertakings.
18 May You bless them as they serve in
19 this era of untold difficulties, of humans'
20 malignity. Grant them the outer strength to
21 overcome the vicissitudes and the various
22 obstacles of the passing day. May their hearts
23 be joined together as one so their task will be
24 made easy, the rugged mountains will be
25 climbable, the rivers will be better to cross,
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1 and the rough paths be made smooth.
2 O Thou God of Israel, we pray for
3 all those that are called to govern and to
4 legislate laws that will affect the lives of all
5 people of the State of New York. Give them
6 wisdom and courage each day and every hour. May
7 You rest Your merciful hands upon them and grant
8 them peace in the midst of a storm.
9 Gracious God of heaven, visit those
10 who mourn the result of the senseless act of
11 terror over the past days that have left us as a
12 nation in deep forlornness. Will You comfort
13 the hearts of those families that are broken
14 this hour. Grant them peace of mind in a
15 troubled world. Bear them up in Your arms, O
16 Lord and Master. Help them through the nights
17 that lie ahead. Remind them that You are the
18 God of comfort and the God of joy, and that
19 weeping may endure for a night, but joy cometh
20 in the morning.
21 Lord, we thank You for Your grace
22 and Your mercy. Remind us that they that wait
23 upon the Lord shall renew their strength. They
24 shall mount up with wings as eagles. They shall
25 run and not be weary. They shall walk and not
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1 faint.
2 I pray that whatever comes before us
3 today, that Your holy spirit will guide us, pray
4 whatever we put our hands to will be prosperous,
5 pray that the lives of Your people will be lived
6 in praises to Your glory and to Your honor.
7 Bless this honorable house today, and grant Your
8 peace upon your people. Let Your holy spirit
9 take preeminence in their midst.
10 Lord, may Your blessing be upon
11 these public servants of God from now and always
12 until the day dawns and the shadows flee away.
13 Let the words of my mouth and the meditation of
14 my heart be acceptable in Thy sight, O Lord, my
15 strength and my redeemer.
16 Amen.
17 ACTING PRESIDENT GRIFFO: The
18 reading of the Journal.
19 THE SECRETARY: In Senate, Monday,
20 June 13th, the Senate met pursuant to
21 adjournment. The Journal of Sunday, June 12th,
22 was read and approved. On motion, Senate
23 adjourned.
24 ACTING PRESIDENT GRIFFO: Without
25 objection, the Journal stands approved as read.
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1 Presentation of petitions.
2 Messages from the Assembly.
3 Could I have some order in the
4 house, please.
5 The Secretary will read.
6 THE SECRETARY: On page 5, Senator
7 Bonacic moves to discharge, from the Committee on
8 Racing, Gaming and Wagering, Assembly Bill Number
9 9125 and substitute it for the identical Senate
10 Bill 6550A, Third Reading Calendar 105.
11 On page 17, Senator Hannon moves to
12 discharge, from the Committee on Health, Assembly
13 Bill Number 446 and substitute it for the
14 identical Senate Bill 4325, Third Reading
15 Calendar 671.
16 On page 17, Senator Lanza moves to
17 discharge, from the Committee on Health,
18 Assembly Bill Number 8650B and substitute it for
19 the identical Senate Bill 6835B, Third Reading
20 Calendar 674.
21 On page 19, Senator Amedore moves to
22 discharge, from the Committee on Civil Service
23 and Pensions, Assembly Bill Number 9034 and
24 substitute it for the identical Senate Bill 6331,
25 Third Reading Calendar 740.
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1 On page 20, Senator Amedore moves to
2 discharge, from the Committee on Civil Service
3 and Pensions, Assembly Bill Number 9040 and
4 substitute it for the identical Senate Bill 6332,
5 Third Reading Calendar 741.
6 On page 20, Senator Amedore moves to
7 discharge, from the Committee on Civil Service
8 and Pensions, Assembly Bill Number 9035 and
9 substitute it for the identical Senate Bill 6333,
10 Third Reading Calendar 742.
11 On page 22, Senator Boyle moves to
12 discharge, from the Committee on Higher
13 Education, Assembly Bill Number 680 and
14 substitute it for the identical Senate Bill 4449,
15 Third Reading Calendar 799.
16 On page 26, Senator LaValle moves to
17 discharge, from the Committee on Higher
18 Education, Assembly Bill Number 9689A and
19 substitute it for the identical Senate Bill
20 7133A, Third Reading Calendar 929.
21 On page 26, Senator LaValle moves to
22 discharge, from the Committee on Higher
23 Education, Assembly Bill Number 9371 and
24 substitute it for the identical Senate Bill 7226,
25 Third Reading Calendar 930.
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1 On page 27, Senator Rivera moves to
2 discharge, from the Committee on Crime Victims,
3 Crime and Correction, Assembly Bill Number 7500A
4 and substitute it for the identical Senate Bill
5 5427A, Third Reading Calendar 941.
6 On page 27, Senator LaValle moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 1683A and substitute it for
9 the identical Senate Bill 1485A, Third Reading
10 Calendar 962.
11 On page 32, Senator Seward moves to
12 discharge, from the Committee on Cultural
13 Affairs, Tourism, Parks and Recreation, Assembly
14 Bill Number 10085 and substitute it for the
15 identical Senate Bill 7490, Third Reading
16 Calendar 1088.
17 On page 33, Senator Nozzolio moves
18 to discharge, from the Committee on
19 Transportation, Assembly Bill Number 7307 and
20 substitute it for the identical Senate Bill
21 4173A, Third Reading Calendar 1105.
22 On page 33, Senator Klein moves to
23 discharge, from the Committee on Transportation,
24 Assembly Bill Number 6561A and substitute it for
25 the identical Senate Bill 4311A, Third Reading
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1 Calendar 1106.
2 On page 35, Senator Lanza moves to
3 discharge, from the Committee on Health,
4 Assembly Bill Number 7181 and substitute it for
5 the identical Senate Bill 5100, Third Reading
6 Calendar 1142.
7 On page 35, Senator Hannon moves to
8 discharge, from the Committee on Health,
9 Assembly Bill Number 5510B and substitute it for
10 the identical Senate Bill 7369A, Third Reading
11 Calendar 1148.
12 On page 39, Senator Robach moves to
13 discharge, from the Committee on Labor,
14 Assembly Bill Number 9755 and substitute it for
15 the identical Senate Bill 7291, Third Reading
16 Calendar 1195.
17 On page 47, Senator Boyle moves to
18 discharge, from the Committee on Environmental
19 Conservation, Assembly Bill Number 10203 and
20 substitute it for the identical Senate Bill 7308,
21 Third Reading Calendar 1342.
22 On page 49, Senator DeFrancisco
23 moves to discharge, from the Committee on Mental
24 Health and Developmental Disabilities, Assembly
25 Bill Number 3461C and substitute it for the
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1 identical Senate Bill 5154C, Third Reading
2 Calendar 1365.
3 On page 54, Senator Lanza moves to
4 discharge, from the Committee on Rules,
5 Assembly Bill Number 9688 and substitute it for
6 the identical Senate Bill 7121, Third Reading
7 Calendar 1507.
8 On page 55, Senator Funke moves to
9 discharge, from the Committee on Finance,
10 Assembly Bill Number 9858 and substitute it for
11 the identical Senate Bill 7475, Third Reading
12 Calendar 1509.
13 On page 55, Senator Amedore moves to
14 discharge, from the Committee on Rules,
15 Assembly Bill Number 10258 and substitute it for
16 the identical Senate Bill 7894, Third Reading
17 Calendar 1516.
18 On page 55, Senator LaValle moves to
19 discharge, from the Committee on Environmental
20 Conservation, Assembly Bill Number 10264 and
21 substitute it for the identical Senate Bill 7908,
22 Third Reading Calendar 1517.
23 On page 59, Senator Croci moves to
24 discharge, from the Committee on Finance,
25 Assembly Bill Number 8562A and substitute it for
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1 the identical Senate Bill 6446, Third Reading
2 Calendar 1560.
3 On page 60, Senator Gallivan moves
4 to discharge, from the Committee on Finance,
5 Assembly Bill Number 9762 and substitute it for
6 the identical Senate Bill 7191, Third Reading
7 Calendar 1578.
8 On page 60, Senator Murphy moves to
9 discharge, from the Committee on Finance,
10 Assembly Bill Number 9696 and substitute it for
11 the identical Senate Bill 7224, Third Reading
12 Calendar 1579.
13 On page 61, Senator Ortt moves to
14 discharge, from the Committee on Crime Victims,
15 Crime and Correction, Assembly Bill Number 9239
16 and substitute it for the identical Senate Bill
17 7252, Third Reading Calendar 1581.
18 And on page 61, Senator Murphy moves
19 to discharge, from the Committee on Rules,
20 Assembly Bill Number 10242 and substitute it for
21 the identical Senate Bill 7660A, Third Reading
22 Calendar 1589.
23 ACTING PRESIDENT GRIFFO: The
24 substitutions, as presented, are so ordered.
25 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports of state
4 officers.
5 Motions and resolutions.
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: Yes,
8 Mr. President, I offer the following amendments
9 to the following Third Reading Calendar bills:
10 On page 9, Calendar Number 321,
11 Senator Martins' bill, Senate Print 5276;
12 Another Senator Martins bill, on
13 page 15, Calendar Number 621, Senate Print 5783A;
14 A Senator Golden bill, on page 37,
15 Calendar Number 1188, Senate Print 7516;
16 A Senator Akshar bill, page 54,
17 Calendar Number 1499, Senate Print 6665;
18 And a Senator Gallivan bill,
19 page 60, Calendar Number 1571, Senate Print
20 6949A.
21 I now move that these bills retain
22 their place on the order of third reading.
23 ACTING PRESIDENT GRIFFO: The
24 amendments are received as so noted, and the
25 bills shall retain their place on Third Reading
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1 Calendar.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO:
4 Mr. President, there's a privileged resolution at
5 the desk by Senators Flanagan, Klein and
6 Stewart-Cousins. Could you please read it in its
7 entirety and first call on Senator Flanagan.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: Legislative
11 Resolution by Senators Flanagan, Klein and
12 Stewart-Cousins, expressing sincerest, heartfelt
13 condolences to the Orlando community in wake of
14 the devastating tragedy which took place at a
15 nightclub in Orlando, Florida, and applauding all
16 those who acted immediately and heroically in the
17 face of danger.
18 "WHEREAS, The very principles of
19 American freedom, and the safety and security of
20 every American at home and abroad, were
21 challenged by the unspeakable atrocities
22 committed in Florida, during the early morning
23 hours of Sunday, June 12, 2016, at Pulse, a
24 popular nightclub located in the heart of
25 Orlando; and
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1 "WHEREAS, For all New Yorkers, the
2 images of this horrific domestic act of terrorism
3 rekindles heartbreaking memories and causes us to
4 pause and reflect on our daily lives; and
5 "WHEREAS, A heavily armed man
6 entered the nightclub and began shooting, killing
7 49 people and wounding 53 more; and
8 "WHEREAS, The very heart and soul of
9 America has once more been shaken to its core and
10 this tragedy stands as a reminder that such
11 senseless acts of violence will not destroy the
12 values that make America great; and
13 "WHEREAS, The power of human
14 compassion and the strength and spirit of the
15 American people were revealed in Orlando as we
16 learned of the immediate and heroic outpouring of
17 service and concern for the victims of this act
18 of terrorism and in its aftermath; and
19 "WHEREAS, This Legislative Body
20 cannot express sufficient gratitude to those
21 devoted first responders, including police
22 officers, Orange County sheriff's deputies, and
23 FBI agents, as well as paramedics and
24 firefighters from three fire departments, who
25 inspire us all by carrying out their sworn duties
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1 with great courage and bravery; and
2 "WHEREAS, The combined and
3 coordinated efforts of these individuals and
4 their swift response are a testament to the
5 spirit of unity and fellowship in the face of
6 adversity which characterizes the best of
7 America; and
8 "WHEREAS, The people of the State of
9 New York stand steadfast in their solidarity with
10 Orlando, Florida, all of whom were victimized by
11 the attack on Sunday, June 12, 2016; now,
12 therefore, be it
13 "RESOLVED, That this Legislative
14 Body pause in its deliberations to express
15 sincerest, heartfelt condolences to the victims
16 and their families and to applaud all those who
17 acted immediately and heroically in the face of
18 danger, and to extend to the people of Orlando
19 the sincere best wishes and heartfelt prayers of
20 all New Yorkers; and be it further
21 "RESOLVED, That a copy of this
22 resolution, suitably engrossed, be transmitted to
23 The Honorable Rick Scott, Governor of the State
24 of Florida."
25 ACTING PRESIDENT GRIFFO: Senator
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1 Flanagan.
2 SENATOR FLANAGAN: Thank you,
3 Mr. President.
4 You know, there are times when any
5 one of us has the opportunity to get up and speak
6 and I can be very proud and kind of bask and
7 revel in the work that we do here in the seat of
8 government in the New York State Senate. On a
9 day like today, I'm humbled. And I feel to some
10 degree I'm at a loss, mentally and, you know,
11 when you think about what has transpired, almost
12 physically. Because the events that unfolded in
13 Orlando could be right in the City of Albany,
14 they could be in any community across the State
15 of New York.
16 And certainly no one needs a
17 reminder from me about the tragic events of 9/11.
18 What had transpired now close to 15 years ago is
19 ever-present in our mind. At that time the whole
20 country embraced the State of New York, as they
21 did for Washington, D.C. and the state of
22 Pennsylvania.
23 So today I think about Flag Day,
24 Flag Day in a good way, as one of the most
25 important symbols of our country and all that it
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1 stands for, for freedom, our principles,
2 democracy, our values.
3 I also think, and I had expressed
4 this briefly to Senator Lanza -- I had an
5 opportunity to speak at a community event after
6 9/11, and I was thinking about being a
7 New Yorker. So I look up at the beautiful
8 stained glass behind Mr. President, and our state
9 motto is "Excelsior," which, properly translated,
10 means "ever upward."
11 So what has transpired is an attack
12 on every person in this room, every person in
13 this state, every person in this country, and
14 frankly, I think, all across the world. Because
15 the things that we believe in and the things we
16 hold sacred, we should be even more emboldened
17 now to stand up for those principles.
18 Now, everyone has a frame of
19 reference. And I -- well, let's put it this way.
20 Life is precious, and life can be fleeting. And
21 on any given day, something very significant in a
22 negative way can happen. The first thing I
23 thought of about Orlando was how horrific this
24 was, how horrific it was for those families, the
25 individuals who died, the people who were
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1 injured.
2 And as a parallel, I thought of my
3 own children, because it could be anyplace,
4 anytime, anywhere. And I had a conversation with
5 my daughter Ashley, who is an extraordinary human
6 being, talking about the fact that she didn't
7 even know any of these people but it could have
8 been anyone.
9 So when we think about these things,
10 I think it's extraordinarily important for us as
11 a legislative body to deliberate, to commiserate,
12 to express our condolences, and to do so in a
13 New York, very heartfelt way. And that includes
14 all kinds of people -- all the people involved in
15 law enforcement, first responders, volunteers,
16 people who just came with thoughts and prayers,
17 laying flowers all over the place.
18 And even now as we speak, there
19 still is a horrible crime scene that has to be
20 investigated for days, where people can't even
21 see the people that they love who were killed.
22 So I want to just add as one voice,
23 on behalf of our Senate and our conference, our
24 thoughts, our condolences. And we need to be
25 ever-vigilant for the things that we believe in,
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1 whether it's Flag Day or not.
2 Florida is very similar to New York.
3 In fact, there's a lot of New Yorkers who live in
4 Florida. So we need to embrace them at this time
5 of human tragedy and speak out against terror,
6 speak out for the dignity of human life, and make
7 sure that we never forget how important it is,
8 the work that we do, whether it's with our
9 colleagues in Florida or just here in the State
10 of New York.
11 Mr. President, I would like to
12 express, again, our sincere condolences to the
13 great people of the State of Florida and to all
14 the families that have been subject to this
15 incredible human tragedy.
16 Thank you.
17 ACTING PRESIDENT GRIFFO: Thank
18 you, Senator Flanagan.
19 Senator Klein.
20 SENATOR KLEIN: Thank you,
21 Mr. President. I too rise to talk about what I
22 think Senator Flanagan said best, sort of a
23 coming together.
24 You know, I know most of us have
25 watched the news as it unfolded. But certainly
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1 when I watched this morning a mother, named Mina
2 Justice, speak about her son on the news, I think
3 it gets -- would get most of us, certainly
4 myself, thinking.
5 She scrolled through the text
6 messages from her son and his last words to her
7 before he was killed, like 49 others, was "I love
8 you," he wrote, as he huddled in a bathroom with
9 others. It was 2:06 a.m. Soon after, he texted
10 again: "He's coming. I'm going to die."
11 Can you imagine a mom getting a text
12 like that, in this day and age, the greatest
13 nation in the world, from her soon-lost son?
14 Well, I think all of us heard a lot
15 of I guess the political rhetoric on both sides.
16 But I think what it's up to us to do now is mourn
17 and remember. And always remember what makes us
18 great as a nation, what really makes us great as
19 Americans is that we all recognize a very simple
20 truth, that we're either going to sink or swim
21 together. So when one group feels a tragedy, we
22 all mourn and we all feel that tragedy.
23 And certainly what happened in
24 Orlando was pure evil which ripped 49 lives from
25 each and every one of us. A life, we all
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1 recognize, by a man who disapproved of life in
2 America, a life where people are free to be who
3 they are -- gay, lesbian, straight -- practice
4 their religion as they see fit. This is really
5 what makes America great.
6 But I think I just want to close by
7 basically saying that this deadly terrorist act,
8 all of us as one, no matter who we pray to, no
9 matter who we love, must be condemned. Because
10 the fear and hate that came through the barrel of
11 his gun will never stop Americans from living
12 their lives freely regardless of sexual
13 orientation.
14 We in America do not live in a world
15 of hate, and we will never waiver in the face of
16 terror and hate. We know as New Yorkers that
17 terrorist acts only serve to unite us. We are
18 Americans, we are free, and today each and every
19 one of us are Orlando.
20 Thank you, Mr. President.
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator Klein.
23 Senator Stewart-Cousins.
24 SENATOR STEWART-COUSINS: Thank
25 you. Thank you, Mr. President.
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1 And I certainly rise with my
2 colleagues to express our deepest condolences and
3 the reality of what this tragedy in Orlando has
4 done.
5 I think, frankly, it's left us all
6 numb. The news was shocking, devastating, and
7 unfortunately, in this day and age, for so many
8 of us not surprising. We live in a world where
9 hate and terror seem to be all too common. And
10 unfortunately, hate and terror can too easily
11 access weapons of death.
12 Now, while this resolution didn't
13 mention this, the crime appears to have been
14 directed at two specific communities, the LGBTQ
15 community and, at the same time, the Hispanic
16 community. And I'm told that since this was a
17 Puerto Rican Parade weekend, a lot of the people
18 were Puerto Rican.
19 But as my colleagues have said, this
20 is not about anything other than all of us. We
21 are all attacked when something like this
22 happens.
23 So yes, we need to come together.
24 We need to unite. We need to love more, hate
25 less. We need commonsense laws to protect
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1 people. We need to stop selling these weapons of
2 war.
3 Here in New York I think we can look
4 across the aisle and say that we've outlawed a
5 lot of these weapons and we need to do more. And
6 we need Washington to do more. We need
7 Washington to act.
8 You may not be able to legislate
9 hate out of a man's heart, but as Dr. King said,
10 it may be true that laws cannot change the heart,
11 but it can restrain the heartless. It may be
12 true that laws cannot make a man love me, but it
13 can keep him from lynching me. And I think
14 that's pretty important also.
15 In times like these we struggle to
16 find meaning, we struggle to find peace, and I
17 look towards words that can comfort and guide us.
18 Again, in the words of Dr. King, darkness cannot
19 drive out darkness, only light can do that. Hate
20 cannot drive out hate, only love can do that.
21 We wish the community of Orlando
22 love and the strength of America to drive out the
23 hatred.
24 Thank you.
25 ACTING PRESIDENT GRIFFO: Thank
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1 you, Senator Stewart-Cousins.
2 Senator Hoylman.
3 SENATOR HOYLMAN: Thank you,
4 Mr. President.
5 You know, I think of the word
6 Orlando and my daughter. And -- excuse me,
7 because this chokes me up. Five-year-old kids
8 think of Disneyland and Universal Studios, but
9 forever now we'll associate Orlando with this
10 terrible, tragic incident of Sunday morning.
11 I was at Stonewall last night, in my
12 district, the Stonewall Inn. I think my
13 colleagues are familiar with it. It's really the
14 front porch or the town square for the LGBT
15 community. The 6th Precinct, which is in my
16 district, estimated anywhere between 8,000 and
17 10,000 New Yorkers came out to grieve with
18 Governor Cuomo and Mayor de Blasio.
19 We've celebrated some enormous
20 successes at Stonewall over the years. In 2011,
21 this chamber played a vital role in passing
22 marriage equality, with Governor Cuomo. We've
23 mourned a lot of losses, including the death of
24 Mark Carson, who was killed in a hate crime. And
25 last night, unfortunately, we mourned another
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1 loss, but a loss so monumental that I think it
2 makes us grasp for words.
3 The tragedy of the Sunday morning
4 incident in Orlando, let's be clear, though: The
5 biggest mass shooting in American history, and
6 the biggest hate crime against LGBT Americans as
7 well.
8 You know, June marks the LGBT Pride
9 Month, because back in 1969, on June 29th, the
10 modern LGBT rights movement was founded at
11 Stonewall, where I was last night. And we should
12 have all been there celebrating that success last
13 night, and we all should have been there
14 celebrating the fact that this chamber just this
15 session allowed legislation to go forward that
16 would enable President Obama to make Stonewall a
17 national landmark. We should have been
18 celebrating that last night.
19 Pride, which is the month of June,
20 also has a more basic purpose. At its core,
21 Mr. President, pride is an affirmation for LGBT
22 people that we have the right to exist and live
23 and love freely and openly in our society. It's
24 times like this, like Sunday morning, when this
25 fundamental concept is put to the test, that
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1 we're reminded that pride in many ways, at its
2 core, is a means of survival.
3 We've heard the harrowing stories.
4 We heard about a woman, Brenda Lee McCool, age
5 49, the mother of 11 kids, the grandmother of
6 six, a two-time cancer survivor. She was at
7 Pulse for Latin Night, dancing with her gay son.
8 She saved his life and lost her own.
9 Amanda Alvear, 25, she went to the
10 nightclub with her friend Mercedez. She uploaded
11 a Snapchat video right before she was cut down by
12 bullets.
13 Eddie Justice hid in a bathroom
14 stall and texted his mother in real time. He
15 lost his life.
16 Christopher Leinonen, who was only
17 32, he won an award in his high school for
18 founding the Gay-Straight Alliance.
19 And Enrique Rios, Jr., from
20 Brooklyn, a constituent of Senator Dilan, lost
21 his life as well. And I thank Senator Dilan for
22 reaching out to his family.
23 The fact that these people -- and
24 they weren't all young, by the way. One
25 gentleman was 50 years old. That's my age. But
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1 the average age was only 29. The youngest was
2 18.
3 The fact that it happened during
4 Pride is tragic, ironic. But the fact that they
5 were killed in a gay club is particularly
6 devastating because, Mr. President, you may not
7 know, gay clubs are a place where a lot of young
8 people go for safety and security. They went to
9 Pulse for the community, for the revelry, but so
10 they could feel safe. Some of them probably
11 weren't even out of the closet to their parents.
12 In fact, I imagine more than one individual who
13 was killed at Pulse came out posthumously to
14 friends and family and coworkers.
15 You know, 49 people were killed as a
16 response to the most basic expression of
17 affection. Fifty-three injured, and many
18 struggling for their lives as we speak.
19 But you know, we talk about our
20 thoughts and prayers, and we've heard the
21 political debate. But it's true that the
22 thoughts and prayers aren't going to cut it this
23 time around. We need, of course, to ban assault
24 weapons in the State of New York. But we need to
25 ban them across the nation. The assault rifle
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1 that was bought in Florida could have been easily
2 transported to New York and used in a gay club on
3 Latin Night in our great state.
4 And we can't, of course, claim a
5 perfect record on LGBT rights either. In the
6 State of New York, if you commit a hate crime
7 against a transgender person, you can't be
8 charged specifically for that crime. But you can
9 for other groups. And New York veterans are
10 still denied benefits because they're LGBT.
11 There's no law on the books that specifically
12 protects transgender people from discrimination
13 in public accommodations, employment and housing.
14 The list goes on.
15 This backdrop makes it all the more
16 outrageous that the language of public safety,
17 Mr. President, has been used this year to justify
18 discrimination against LGBT people, in the
19 North Country and elsewhere, rather than as an
20 effort to support and protect our community.
21 Marriage was an important victory, but the road
22 to equality, of course, is far from over.
23 But I want to express my
24 disappointment, Mr. President. Whether it was a
25 colossal oversight or an intentional omission,
3691
1 nowhere do the words LGBT or Latino read in this
2 resolution. And I think that is a mistake,
3 because frankly one could suggest that we're
4 trying to rewrite an important part of American
5 and LGBT history. I don't think we should
6 condone expunging words -- transgender, gay,
7 lesbian, bisexual, Latino -- from resolutions as
8 important as this.
9 And if we don't recognize these
10 words, Mr. President, we're not recognizing the
11 people who lost their lives and the loved ones
12 who are suffering today. Our community, my
13 community, has fought too hard for decades to get
14 people to understand that silence equals death.
15 And, Mr. President, I'm afraid that
16 I will not be going on this resolution. But I do
17 appreciate the sentiment that the individuals and
18 their families are suffering, but it's time we
19 did something about it.
20 Thank you.
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator Hoylman.
23 Senator Croci to close on the
24 resolution. Senator Croci.
25 SENATOR CROCI: Mr. President,
3692
1 thank you.
2 You know, we are an unlikely nation.
3 We had no business being a nation. We had the
4 audacity to challenge the greatest power on the
5 face of the earth and rebel against them. We
6 were bold. We were brave. We were audacious.
7 And we became a nation because of that boldness,
8 because of that audacity, that willingness to
9 stand up when no one else would.
10 You know, a Constitution is that one
11 document, next to Scripture, the greatest
12 document ever penned by the hand of man. And it
13 means that everybody, every American, has rights
14 that can never be taken away. And it's not
15 because they're written in the document, it is
16 because of the belief that the Almighty endowed
17 us with those rights. And it is our job as a
18 society to ensure that man can never take them
19 away.
20 What happened in Orlando, to those
21 of us who are familiar with this brand of
22 terror -- specifically, the Taliban and what they
23 did in Afghanistan -- it is no surprise, when
24 I've witnessed female schools, all-girl schools
25 that were blown up because the Taliban didn't
3693
1 think that women should be educated. Or young
2 men who had to watch their mother in a burka be
3 shot in the head in the middle of a soccer
4 stadium. They don't care who you are, what you
5 believe, what your faith is. If you do not
6 subscribe to their brand of thought, you are the
7 enemy and they come after you.
8 Mr. President, I'm the Senator for
9 the Third Senate District, which includes the
10 Fire Island National Seashore and two historic
11 beaches that are, I believe, landmarks in the gay
12 community -- the Pines and Cherry Grove, places
13 where Truman Capote, Andy Warhol and others --
14 since Prohibition, that community has celebrated
15 those areas.
16 Whether it's New York City or
17 Orlando, Florida, or San Bernardino or Paris or
18 Brussels or Lower Manhattan, whether it's Spain,
19 Madrid -- wherever it is, it is a brand of terror
20 that unless you subscribe to exactly, precisely
21 what they want you to believe, you are their
22 enemy.
23 I think that I have to agree with
24 our Minority Leader. She said that the way we
25 combat this is to be together. And I don't
3694
1 believe that there is an enemy that this country
2 cannot face, a challenge that we cannot meet if
3 we are together. It's the brand of togetherness,
4 it's the brand of strength and boldness that we
5 saw after September 11th in this state when we
6 were united against a common enemy. And the
7 common enemy isn't each other, it's out there.
8 If you ask our brothers and sisters
9 in Israel what it was like to live through the
10 Intifada, where getting on a bus could be the
11 last time you ever got on a bus, we are slowly,
12 as a society, a free and open society, getting a
13 taste of the brand of terror that the Taliban
14 brought to Afghanistan, a population that was
15 disarmed so that they could not possibly defend
16 themselves. And those young men could not
17 possibly defend their mother in that soccer
18 stadium. And no one could possibly defend that
19 girls' school because they had been disarmed.
20 I think that there is a way to
21 defeat this enemy if we are united. I think that
22 this body should be very proud of the work that
23 they have done this year. But I also think that
24 this body is a representation of the best of
25 New York. It really is. Every one of us in this
3695
1 room woke up with a sick feeling in our stomach
2 when we saw what happened in Orlando, Florida,
3 and it's our job to make sure that that doesn't
4 happen here, that we support good policies to
5 make sure that we take care of our people. We
6 have no greater responsibility than the safety
7 and security of the residents of New York.
8 Mr. President, I would ask, in
9 solidarity with our brothers and sisters, our
10 fellow Americans who were killed in Orlando, that
11 the chamber be asked to stand in a moment of
12 silence in their memories.
13 ACTING PRESIDENT GRIFFO: We will
14 call first for the question. All in favor of the
15 resolution signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT GRIFFO: Opposed?
18 (No response.)
19 ACTING PRESIDENT GRIFFO: The
20 resolution is adopted.
21 All are listed as cosponsor unless
22 otherwise directed or indicated at the desk.
23 We will now all rise at the request
24 of Senator Croci as we pay tribute and respect to
25 those who lost their lives in Orlando.
3696
1 (Whereupon, the assemblage respected
2 a moment of silence.)
3 ACTING PRESIDENT GRIFFO: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO: Can we now
6 take up previously adopted Resolution Number
7 5987, by Senator Marchione, and read the title
8 only and then call on the Senator.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read.
11 THE SECRETARY: Legislative
12 Resolution Number 5987, by Senator Marchione,
13 commemorating the 50th anniversary of Saratoga
14 Performing Arts Center on July 8, 2016.
15 ACTING PRESIDENT GRIFFO: May I
16 have some order in the house, please.
17 Senator Marchione.
18 SENATOR MARCHIONE: Thank you,
19 Mr. President.
20 I rise for the purpose of speaking
21 on the legislative resolution that recognizes,
22 celebrates and honors SPAC on its 50th
23 anniversary taking place this coming July 8,
24 2016.
25 SPAC truly is a beloved treasure,
3697
1 not only for Saratoga but for our Capital Region
2 and our entire state. SPAC hosts the very finest
3 in dance, music, and world-class entertainment --
4 world-class entertainment such as the
5 Philadelphia Orchestra and the New York City
6 Ballet, whose association with SPAC is the
7 longest-running summer residency for a ballet
8 company in our nation.
9 Each season more than 400,000 people
10 pass through SPAC's gates, and each season SPAC
11 continues to lead the way in promoting,
12 supporting, and strengthening the arts and
13 culture in Saratoga County, the Capital Region,
14 and in New York State.
15 This summer, SPAC's 50th anniversary
16 will feature many new and wonderful events,
17 including the world premier by the Twyla Tharp
18 Dance Company, a two-day engagement by the
19 award-winning Alvin Ailey Dance Theatre, a New
20 York City Ballet World premiere by Justin Peck,
21 and a Philadelphia Orchestra world premier of
22 composer Michael Torke's "Unconquered."
23 With us in the Senate today as my
24 very special guest -- and I would like to ask her
25 to stand at this point -- I'm honored to
3698
1 recognize Marcia White, SPAC's president and
2 executive director.
3 Marcia White's leadership has had a
4 tremendous positive impact on SPAC. Many of you
5 know Marcia from her years of dedicated service
6 to former Majority Leader and my friend, of
7 course, Joe Bruno. But you know, Marcia White
8 went on to being the president and executive
9 director in SPAC's history when it was a very
10 difficult time, in 2005. And through her
11 tremendous leadership, her ability to know how to
12 get it done, SPAC has thrived over the past
13 years. And we thank Marcia for all that she has
14 done.
15 She's going to be going on to other
16 challenges at the end of this year, and we know
17 that anywhere that Marcia lands is going to be
18 fortunate to have her in their organization.
19 We applaud you, Marcia, for your
20 service and your visionary leadership of SPAC,
21 and we join together in congratulating SPAC on
22 its 50th anniversary.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator Marchione.
3699
1 The resolution was previously
2 adopted on June 6th of this year. It is open for
3 cosponsorship. Should you choose not to be a
4 cosponsor, please notify the desk. Any member
5 wishing not to be a cosponsor please notify the
6 desk.
7 Marcia, congratulations on the 50th
8 celebration, to Marcia White and her staff who
9 are here today.
10 (Applause.)
11 ACTING PRESIDENT GRIFFO: Senator
12 DeFrancisco.
13 SENATOR DeFRANCISCO: Can we now
14 take up previously adopted Resolution 5027, by
15 Senator Peralta, read the title only, and call on
16 the Senator to speak.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 5027, by Senator Peralta,
21 expressing sincere heartfelt condolences to the
22 people of Ecuador in the wake of the devastating
23 earthquake which struck the country on April 16,
24 2016.
25 ACTING PRESIDENT GRIFFO: Senator
3700
1 Peralta.
2 SENATOR PERALTA: Thank you,
3 Mr. President.
4 I want to personally welcome with us
5 today Linda Machuca, Consul General of Ecuador in
6 New York, to our state's Capitol. I also want to
7 welcome, Eduardo Sanchez, First Secretary of the
8 Consul General of Ecuador in New York City, and
9 my brother from the other side, Assemblyman
10 Francisco Moya, who's here with us today.
11 Bienvenidos al Capitolio.
12 Bienvenidos al Albany.
13 First, in my name and the name of my
14 colleagues, I want to express my heartfelt
15 condolences to the people of Ecuador in the wake
16 of this massive, powerful, and devastating
17 earthquake which shook the country on April 16th.
18 This was the deadliest quake to strike Ecuador in
19 decades. It killed at least 650 people. It
20 injured more than 16,000. And more than 25,000
21 were left without a home. It leveled some
22 tourist-destination coastline cities like
23 Portoviejo and Pedernales. And more than 25,000
24 schoolchildren were affected, as almost 300
25 schools were destroyed or damaged.
3701
1 This was a terrible tragedy. To
2 make matters worse, the Zika virus is an added
3 problem as the rubble has become a virus
4 transmitter because of the heavy rains.
5 Ecuadorian authorities estimate the
6 earthquake caused at least $3 billion in damages.
7 Ecuador is rebuilding, digging
8 through the rubble. This past weekend, rescuers
9 pulled from the rubble a 72-year-old survivor of
10 the disaster.
11 I'm sure that Ecuador and its people
12 will come out of this natural disaster stronger
13 than ever. But in the meantime, the
14 international community needs to help. And they
15 are helping.
16 More than 46,000 Ecuadorians and
17 Ecuadorian-Americans live in my district. I
18 share that honor with Assemblyman Francisco Moya.
19 A few weeks ago, I, along with other elected
20 officials, helped organize a benefit concert to
21 provide aid to Ecuador and its people. We helped
22 raise funds towards the cause. It wasn't much,
23 but this was our way of directly helping
24 Ecuador and the victims of this terrible tragedy.
25 All the proceeds went to the Hispanic Federation,
3702
1 an organization that deposited the money into
2 UNICEF.
3 New Yorkers need to continue to
4 help. Americans need to continue to help.
5 Nations worldwide need to continue to help.
6 We stand with Ecuador. We stand
7 with Ecuadorians. This first resolution that I
8 am presenting in the name of this legislative
9 body expresses our condolences to the people of
10 Ecuador, honors the memory of those who lost
11 their lives, remembers the survivors, and praises
12 all of those who came to their assistance.
13 The second resolution I'm presenting
14 today, in my name and in the name of my
15 colleagues, is to extend our best wishes to our
16 Ecuadorian and Ecuadorian-American friends in
17 communities as you will celebrating, this summer,
18 Ecuador's independence. It will be August 10th,
19 marking the 207th Independence Day of Ecuador, a
20 fight for freedom that began with the so-called
21 "El Primer Grito de Independencia" (in Spanish)
22 in 1809. This was the first postcolonial
23 government. It's a celebration to commemorate
24 the struggle of people driven by patriotic
25 sentiments.
3703
1 And like it happened here in the
2 United States, in Ecuador it was also the bravery
3 of a small band of patriots who declared
4 independence, in this case from Spain, in (in
5 Spanish) the Battle of Pichincha. It was there,
6 on the slopes of the Pichincha volcano that the
7 people of Quito claimed independence. It was in
8 1824 when Ecuador gained full independence from
9 Spain. Their hunger for liberty and the need to
10 liberate themselves from oppression empowered
11 them to defeat the Spanish army as they were
12 seeking freedom and liberty.
13 Today the independence of Ecuador is
14 celebrated in many parts of Ecuador, especially
15 in its capital, Quito. But festivities are not
16 limited to Ecuador, as we also celebrate their
17 heroic efforts here in our great nation and in
18 our great Empire State.
19 And in Queens, and in my district,
20 we also celebrate Ecuadorian Independence Day
21 with a wonderful and colorful parade along
22 Northern Boulevard. Thousands participate and
23 enjoy Ecuadorian culture, folk music, and food.
24 And Ecuadorians in our nation have
25 contributed to every aspect of life, from
3704
1 politics and the arts to the economy and culture.
2 Thousands of Ecuadorians and Ecuadorian-Americans
3 make neighborhoods like Jackson Heights and
4 Corona their home. They contribute to make
5 Queens the most diverse borough in the nation,
6 especially the United Nations of all Senate
7 districts.
8 By way of this resolution, we extend
9 our best wishes to our Ecuadorian-American
10 friends in communities across the state in
11 advance of the important celebration and
12 enjoyment of Independence Day. And although a
13 terrible tragedy occurred, now we will stand
14 together in celebration of Ecuador's
15 independence.
16 Please help me welcome the Consul
17 General of Ecuador, Ms. Linda Machuca.
18 (Standing ovation.)
19 ACTING PRESIDENT GRIFFO: The
20 resolution was previously adopted on May 4th of
21 this year.
22 It is open for cosponsorship.
23 Should you choose not to be a cosponsor, please
24 notify the desk.
25 Again, we want to acknowledge and
3705
1 extend the courtesies of the house to Madam
2 Consul General, to the staff that is here, and to
3 our colleague in the Assembly.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Could we now
6 take up previously adopted Resolution 6086, by
7 Senator Kennedy, read the title only, and then
8 call on Senator Kennedy, please.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read.
11 THE SECRETARY: Legislative
12 Resolution Number 6086, by Senator Kennedy,
13 honoring Anthony C. Conte upon the occasion of
14 his retirement after 15 years of distinguished
15 service as President of Shea's Performing Arts
16 Center.
17 ACTING PRESIDENT GRIFFO: Senator
18 Kennedy.
19 SENATOR KENNEDY: Thank you,
20 Mr. President.
21 I rise today to honor Tony Conte on
22 the occasion of his retirement from Shea's
23 Performing Arts Center after 15 years as
24 president.
25 Today we're joined on the floor of
3706
1 the Senate by Tony, his wife Linda, his daughter
2 Jeanne, and his son Michael. Their son Carl was
3 unable to join us today, but he's in here in
4 spirit.
5 Tony's been involved with Shea's as
6 a volunteer going back to the 1970s. And in
7 2000, he was asked to take over as its president.
8 And he took this challenge head on, using his
9 experience as a former M&T Bank executive to
10 organize and complete the renovations of the
11 theater, which was built in 1926, 90 years ago.
12 By 2014, the renovations of the
13 theater that had fallen into disrepair were
14 completed, restoring the theater into the jewel
15 of Buffalo, the central point of the burgeoning
16 theater district.
17 And I'll tell you that renovations
18 did wonders for Shea's and for Buffalo. Touring
19 Broadway shows began booking more performances in
20 Buffalo, and the public responded. The public
21 came out in droves to support the visiting
22 productions, spending money at surrounding
23 businesses throughout the theater district, the
24 City of Buffalo and Western New York.
25 The numbers speak for themselves.
3707
1 Shea's Performing Arts Center has seen a
2 310 percent increase in the number of season
3 tickets sold since Tony took over as president.
4 That's over 13,000 season tickets for each
5 touring production that comes to Buffalo.
6 Eighty-five percent of season ticket holders
7 renew, and 55 percent of all tickets are bought
8 prior to opening shows to general sale. That's
9 an impressive feat. And in an age of television
10 and Internet entertainment, Shea's Theatre turns
11 a profit.
12 But Tony has done that with simply
13 turning around the finances and facilities at
14 Shea's and has also worked to build up these
15 smaller, more intimate theater spaces, supporting
16 less popular but just as important productions.
17 He spearheaded the creation of Shea's 710 Main
18 Theatre, which boasts 625 seats and features
19 dramatic plays, including some from Buffalo-area
20 playwrights.
21 In addition, the 230-seat Shea's
22 Smith Theater features off-Broadway musicals and
23 comedies, oftentimes partnering with other area
24 theaters and collaborating on productions.
25 There's a venue space for every single type of
3708
1 production at Shea's.
2 If turning Buffalo into a theater
3 destination wasn't enough, Tony has also given
4 back through charitable endeavors. He served as
5 president of the Theater District Association and
6 as a member of both the Road, Labor and
7 Legislative Committees of the Broadway League and
8 on the Advisory Council of the Wehle School of
9 Business at Canisius College.
10 Western New York has demonstrated
11 its strong appreciation of Tony Conte through
12 countless awards, including being named Buffalo
13 Business First's Most Influential Business Leader
14 for three years straight; being presented with
15 the Visit Buffalo Niagara's Tim Russert Award;
16 named the Buffalo News 2012 Outstanding Citizen,
17 and being inducted into the Buffalo Ambassador's
18 Hall of Fame.
19 Tony, I know I speak for my fellow
20 Buffalonians and New Yorkers when I say thank you
21 to you for everything that you've done for our
22 great community and our great state, turning
23 Shea's into the powerhouse that it is today in
24 the Buffalo theater district. You have played an
25 enormous part in Buffalo's resurgence, and we're
3709
1 indebted to you.
2 And while I know you'll be staying
3 on as a consultant, I'm sad to see you retire,
4 though I know our loss is your family's gain. I
5 wish you the very best in spending time with your
6 wife, your children and your grandchildren. It's
7 very well deserved.
8 And, Mr. President, as if today's
9 occasion couldn't be any sweeter for Tony Conte,
10 he and his wife Linda celebrate their 47th
11 wedding anniversary as well today.
12 Congratulations, Tony, Linda, your family, and
13 Godspeed.
14 Thank you very much.
15 (Standing ovation.)
16 ACTING PRESIDENT GRIFFO: As noted,
17 the resolution was previously adopted on June 7th
18 of this year.
19 We again want to express our thanks
20 and appreciation to Tony for the hard work and
21 all of his leadership at Shea's Performing Arts
22 Center, and also want to extend our
23 congratulations to Tony and Linda as they
24 celebrate their 47th wedding anniversary. And
25 I'm sure Senator Kennedy will be taking you out
3710
1 to dinner tonight.
2 (Laughter.)
3 ACTING PRESIDENT GRIFFO: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO: Thank you.
6 Could you open the resolution up for
7 cosponsorship.
8 ACTING PRESIDENT GRIFFO: The
9 resolution is open for cosponsorship. Should you
10 choose not to be a cosponsor, please notify the
11 desk.
12 SENATOR DeFRANCISCO: Could you now
13 recognize Senator Rivera for a brief introduction
14 of some very important people.
15 ACTING PRESIDENT GRIFFO: Senator
16 Rivera.
17 SENATOR RIVERA: Thank you,
18 Mr. President.
19 I noticed, Senator DeFrancisco, that
20 the word "brief," you kind of hung on that word
21 for a little bit.
22 Mr. President, thank you so much.
23 Today is not the first time that
24 these gentlemen have been up in Albany, or some
25 of them have been up in Albany, but I think it is
3711
1 important always to point them out when they are
2 here.
3 As we go through the end of the
4 session and we talk about the challenges that are
5 faced by the public education system in the State
6 of New York, a lot of times we underline those
7 challenges, we underline the things that are
8 sometimes going wrong. But I think it is
9 important to notice, to underline, and to really
10 shine a light on the things that are going well.
11 And one of those things is the Eagle
12 Academy. The Eagle Academy was founded back in
13 2004 as part of a vision from 100 Black Men and a
14 guy named Banks, who said we need to focus, we
15 need to have a school that's specifically for
16 young men of color that are at a very -- they are
17 graduating at a very low rate and that are having
18 all sorts of challenges in their education
19 system. They wanted to prove that a public
20 school could provide not only high-quality
21 education but could provide higher graduation
22 rates and could really train young men of color,
23 in the neighborhoods that certainly I represent,
24 for success.
25 Since then, since 2004, they have
3712
1 opened up schools in Brooklyn, Queens, Staten
2 Island, and even in Newark, New Jersey. But the
3 original Eagle Academy is in the Bronx and is in
4 my district.
5 We are joined by three men -- and
6 I'd ask them all to stand up, if they could --
7 Mr. Kobe Evans, Antone Gary, and Hector Bonilla.
8 And these three men represent the scholars of
9 Eagle Academy. They're certainly going to
10 graduate, they're going to go to college, and
11 some of them might be sitting in this room
12 or in the room across the hall soon enough.
13 And I'm incredibly proud to have
14 them here. Because as they come up, they learn a
15 little bit about what we do up here. They learn
16 about civic participation, civic engagement, they
17 learn about government, and they put their effort
18 into not only graduating but knowing that once
19 they graduate, it is going to be part of their
20 responsibility and their obligation to make sure
21 that their neighbors, their family members and
22 their community members know that they can
23 succeed as well.
24 So I am incredibly proud to have
25 them here today. And Mr. President, if you
3713
1 would, I would ask everybody to just recognize
2 them and celebrate not only Eagle Academy but
3 these three fine young men as we are here today.
4 ACTING PRESIDENT GRIFFO: Thank
5 you, Senator Rivera.
6 We extend the courtesies and the
7 privileges of the house to these three fine
8 students, these young men from Eagle Academy.
9 Thanks for being here, and we wish you the best
10 of luck.
11 (Applause.)
12 ACTING PRESIDENT GRIFFO: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: Yes, can we
15 now -- excuse me. Would you please recognize
16 Senator Montgomery.
17 ACTING PRESIDENT GRIFFO: Senator
18 Montgomery.
19 SENATOR MONTGOMERY: Yes, thank
20 you, Mr. President.
21 I just wanted to thank my colleague
22 for this acknowledgment of the wonderful school
23 in the Bronx. We also have an Eagle Academy in
24 Brooklyn. However, one of the Eagle Academy in
25 the Bronx scholars is now an intern in my office,
3714
1 and I'm very proud of him.
2 So while we honor these young men,
3 the Eagle Academy is responsible for sending
4 young men out into the world to be great people.
5 And I appreciate your school. I appreciate my
6 own -- the young man who is in my own office,
7 Fabian Smith. And please let the administrators
8 know that we thank you very much for what you
9 represent: a great future for our state, our
10 city, and our nation.
11 Thank you, Mr. President.
12 ACTING PRESIDENT GRIFFO: Thank
13 you, Senator Montgomery.
14 Senator Hamilton briefly.
15 SENATOR HAMILTON: Yes,
16 Mr. President, I rise to congratulate the young
17 men of Eagle Academy. I want to thank Senator
18 Rivera for bringing them here.
19 I just want to say that David Banks,
20 who created Eagle Academy, he was the president
21 at St. John's law school for the black law
22 students, and I was the president at Seton Hall
23 Law School for law students. And at that time we
24 were both advocating for educating our young men
25 of color. In Brownsville, only 13 percent of
3715
1 young men are reading at grade level, which to me
2 is a criminal act.
3 But I want you young men to know
4 that you are our future, we believe in you. You
5 will do well. I grew up in NYCHA, and here I sit
6 before you today. So you have a bright future
7 ahead of you.
8 And I just want to thank David Banks
9 for forgoing his law career for giving back to
10 the community and making sure you young men are
11 our future. God bless you. Keep up the good
12 work.
13 ACTING PRESIDENT GRIFFO: Senator
14 DeFrancisco.
15 SENATOR DeFRANCISCO: Can we return
16 to motions and resolutions, if we ever left it.
17 ACTING PRESIDENT GRIFFO: We will
18 return to motions and resolutions.
19 SENATOR DeFRANCISCO: I wish to
20 call up Senator Amedore's bill, Print Number
21 6515, recalled from the Assembly, which is now at
22 the desk.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
3716
1 212, by Senator Amedore, Senate Print 6515, an
2 act to amend the Highway Law.
3 SENATOR DeFRANCISCO: I move to
4 reconsider the vote by which this bill was
5 passed.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 SENATOR DeFRANCISCO: I now offer
11 the following amendments.
12 ACTING PRESIDENT GRIFFO: The
13 amendments are received.
14 SENATOR DeFRANCISCO: All right,
15 Mr. President, can we now return to the
16 noncontroversial reading of the calendar.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will begin the noncontroversial reading
19 of today's active-list calendar, June 14th, with
20 Calendar Number 19.
21 THE SECRETARY: Calendar Number 19,
22 by Senator Lanza, Senate Print 6388A, an act to
23 amend the General City Law.
24 ACTING PRESIDENT GRIFFO: There is
25 a home-rule message present at the desk.
3717
1 The Secretary will read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the same date and in the
5 same manner as a chapter of the Laws of 2015.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number 54,
13 by Senator Klein, Senate Print 6040B, an act to
14 establish.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 11. This
18 act shall take effect on the 180th day.
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 67,
3718
1 by Senator Boyle, Senate Print 3357A, an act to
2 amend the Retirement and Social Security Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number 82,
14 by Senator Murphy, Senate Print 5983, an act to
15 amend the Public Health Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of January.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3719
1 THE SECRETARY: Calendar Number
2 105, substituted earlier by Member of the
3 Assembly Pretlow, Assembly Print 9125, an act to
4 amend Chapter 473 of the Laws of 2010.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60. Nays, 1.
13 Senator Espaillat recorded in the negative.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 220, by Senator Avella, Senate Print 1148A, an
18 act to establish.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3720
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 266, by Senator Ranzenhofer, Senate Print 6460,
6 an act to amend the Real Property Tax Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 322, by Senator Golden, Senate Print 5745C, an
19 act to amend the Workers' Compensation Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3721
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 524, by Senator Martins, Senate Print 1245, an
7 act to amend the Village 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, 61.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 533, by Senator Ritchie, Senate Print 7018A, an
20 act authorizing.
21 ACTING PRESIDENT GRIFFO: There is
22 a home-rule message at the desk.
23 The Secretary will read the last
24 section.
25 THE SECRETARY: Section 5. This
3722
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 574, by Senator Carlucci, Senate Print 1227B, an
10 act to amend the Alcoholic Beverage Control Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 8. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 608, by Senator Valesky, Senate Print 6809B, an
23 act to amend the General Business Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3723
1 THE SECRETARY: Section 5. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 648, by Senator Ortt, Senate Print 3123A, an act
11 to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GRIFFO: Announce
20 the results.
21 THE SECRETARY: In relation to
22 Calendar 648, those recorded in the negative are
23 Senators Avella, Breslin, Carlucci, Espaillat,
24 Gianaris, Hamilton, Hassell-Thompson, Hoylman,
25 Krueger, Montgomery, Peralta, Perkins, Rivera,
3724
1 Savino, Serrano, Squadron, Stavisky and
2 Stewart-Cousins. Also Senator Kennedy.
3 Ayes, 42. Nays, 19.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 671, substituted earlier by Member of the
8 Assembly Gottfried, Assembly Print 446, an act to
9 amend the Public Health Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT GRIFFO: Announce
18 the results.
19 Senator Montgomery, do you wish to
20 explain your vote?
21 SENATOR MONTGOMERY: Yes, please.
22 Thank you, Mr. President, I will explain my vote.
23 I want to compliment Senator Hannon.
24 This certainly is a bill that puts our state, I
25 believe, into the current mainstream of
3725
1 healthcare. The bill would allow for midwives to
2 actually run birthing centers. That is a very
3 good thing, it's very desirable for our state.
4 And again, I compliment Senator
5 Hannon and look forward to this bill becoming law
6 in the State of New York. Thank you.
7 ACTING PRESIDENT GRIFFO: Senator
8 Montgomery to be recorded in the affirmative.
9 Please announce the results.
10 THE SECRETARY: In relation to
11 Calendar 671, those recorded in the negative are
12 Senators Akshar, DeFrancisco, Little and
13 Stavisky.
14 Ayes, 57. Nays, 4.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 674, substituted earlier by Member of the
19 Assembly Paulin, Assembly Print 8650B, an act to
20 amend the Public Health Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect after one year.
25 ACTING PRESIDENT GRIFFO: Call the
3726
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 740, substituted earlier by Member of the
8 Assembly Santabarbara, Assembly Print 9034, an
9 act to authorize.
10 ACTING PRESIDENT GRIFFO: There is
11 a home-rule message present at the desk.
12 The Secretary will read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 741, substituted earlier by Member of the
24 Assembly Santabarbara, Assembly Print 9040, an
25 act to authorize.
3727
1 ACTING PRESIDENT GRIFFO: There is
2 a home-rule message present at the desk.
3 The Secretary will read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 742, substituted earlier by Member of the
15 Assembly Santabarbara, Assembly Print 9035, an
16 act to authorize.
17 ACTING PRESIDENT GRIFFO: There is
18 a home-rule message present at the desk.
19 The Secretary will read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3728
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 771, by Senator Marchione, Senate Print 4236, an
6 act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59. Nays, 2.
15 Senators Avella and Perkins recorded in the
16 negative.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 783, by Senator Hannon, Senate Print 5903A, an
21 act to amend the Public Health Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3729
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 THE SECRETARY: Ayes, 60. Nays, 1.
4 Senator Perkins recorded in the negative.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 799, substituted earlier by Member of the
9 Assembly Rosenthal, Assembly Print 680, an act to
10 amend the Education Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 90th day.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60. Nays, 1.
19 Senator Seward recorded in the negative.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 828, by Senator Murphy, Senate Print 7255, an act
24 to amend the General Municipal Law.
25 ACTING PRESIDENT GRIFFO: There is
3730
1 a home-rule message at the desk.
2 The Secretary will read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60. Nays, 1.
10 Senator Krueger recorded in the negative.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 838, by Senator DeFrancisco, Senate Print 7500A,
15 an act in relation to authorizing.
16 ACTING PRESIDENT GRIFFO: There is
17 a home-rule message present at the desk.
18 The Secretary will read the last
19 section.
20 THE SECRETARY: Section 5. 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, 61.
3731
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 839, by Senator Seward, Senate Print 2346A, an
5 act to amend the Tax Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 886, by Senator Murphy, Senate Print 6448A, an
18 act to amend the State Administrative Procedure
19 Act.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 7. This
23 act shall take effect on the first of January.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3732
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 913, by Senator Lanza, Senate Print 4505, an act
7 to prohibit.
8 SENATOR GIANARIS: Lay it aside.
9 ACTING PRESIDENT GRIFFO: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 929, substituted earlier by Member of the
13 Assembly Glick, Assembly Print 9689A, an act to
14 amend Chapter 405 of the Laws of 2011.
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
3733
1 930, substituted earlier by Member of the
2 Assembly Gunther, Assembly Print 9371, an act to
3 amend the Education Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 931, by Senator Valesky, Senate Print 7348A, an
16 act to amend the Education Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of July.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT GRIFFO: The bill
3734
1 is passed.
2 THE SECRETARY: Calendar Number
3 934, by Senator Robach, Senate Print 1959A, an
4 act to amend the Correction Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 120th day.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Some
13 order in the house, please {gaveling}.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 934, those recorded in the negative are
17 Senators Comrie, Hassell-Thompson, Montgomery and
18 Perkins.
19 Ayes, 57. Nays, 4.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 941, substituted earlier by Member of the
24 Assembly Joyner, Assembly Print 7500A, an act to
25 amend the Correction Law.
3735
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect on the 120th day.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: In relation to
9 Calendar Number 941, those recorded in the
10 negative are Senators Akshar, Croci, Griffo,
11 Marchione and O'Mara.
12 Ayes, 56. Nays, 5.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 962, substituted earlier by Member of the
17 Assembly Englebright, Assembly Print 1683A, an
18 act to amend the Vehicle and Traffic Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 180th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3736
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 972, by Senator Seward, Senate Print 2357, an act
6 to amend the Insurance Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar 972, those recorded in the negative are
18 Senators Addabbo, Avella, Carlucci, Comrie,
19 Dilan, Espaillat, Gianaris, Hamilton,
20 Hassell-Thompson, Hoylman, Kaminsky, Kennedy,
21 Krueger, Latimer, Montgomery, Panepinto, Peralta,
22 Perkins, Persaud, Rivera, Sanders, Savino,
23 Serrano, Squadron, Stavisky and Stewart-Cousins.
24 Ayes, 35. Nays, 26.
25 ACTING PRESIDENT GRIFFO: The bill
3737
1 is passed.
2 THE SECRETARY: Calendar Number
3 999, by Senator Murphy, Senate Print 5774A, an
4 act to require.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1017, by Senator Seward, Senate Print 7867A, an
17 act to amend the Insurance 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, 59. Nays, 2.
3738
1 Senators Perkins and Sanders recorded in the
2 negative.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1047, by Senator Murphy, Senate Print 4980A, an
7 act to authorize.
8 ACTING PRESIDENT GRIFFO: There is
9 a home-rule message present at the desk.
10 The Secretary will read the last
11 section.
12 THE SECRETARY: Section 3. 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 1049, by Senator Boyle, Senate Print 7377A, an
22 act to authorize.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 4. This
3739
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1062, by Senator Akshar, Senate Print 6664A, an
10 act to amend Chapter 412 of the Laws of 1990.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1078, by Senator Savino, Senate Print 5660A, an
23 act to amend the Navigation Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3740
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1081, by Senator Serrano, Senate Print 6271A, an
11 act to amend the Arts and Cultural Affairs Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the 120th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: In relation to
23 Calendar 1084, on page 32 Senator Nozzolio moves
24 to discharge, from the Committee on Rules,
25 Assembly Bill Number 10519 and substitute it for
3741
1 the identical Senate Bill 6966B, Third Reading
2 Calendar 1084.
3 ACTING PRESIDENT GRIFFO: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1084, by Member of the Assembly Morelle, Assembly
8 Print 10519, an act to amend the Parks,
9 Recreation, and Historic Preservation 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 1088, substituted earlier by Member of the
22 Assembly Magee, Assembly Print 10085, an act to
23 amend Chapter 267 of the Laws of 1988.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3742
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1105, substituted earlier by Member of the
11 Assembly Lupardo, Assembly Print 7307, an act to
12 amend the General Business Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1106, substituted earlier by Member of the
25 Assembly Abbate, Assembly Print 6561A, an act to
3743
1 amend the Vehicle and Traffic Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 180th day.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1109, by Senator Serino, Senate Print 6705A, an
14 act to amend the Vehicle and Traffic Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 3. 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
3744
1 1142, substituted earlier by Member of the
2 Assembly Paulin, Assembly Print 7181, an act to
3 amend the Public Health Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1148, substituted earlier by Member of the
16 Assembly Jaffee, Assembly Print 5510B, an act to
17 amend the Public Health 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, 61.
3745
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1150, by Senator Hannon, Senate Print 7801, an
5 act to amend the Public Health Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1156, by Senator Serrano, Senate Print 1165, an
18 act to direct.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 120th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3746
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1169, by Senator Ranzenhofer, Senate Print 3386,
6 an act to amend the Public Authorities Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59. Nays, 2.
15 Senators Murphy and Serino recorded in the
16 negative.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1180, by Senator Murphy, Senate Print 7004A, an
21 act to amend the Executive Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 30th day.
3747
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1195, substituted earlier by Member of the
9 Assembly Jaffee, Assembly Print 9755, an act to
10 amend the Labor Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1201, by Senator Martins, Senate Print 290, an
23 act to amend the Real Property Tax Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3748
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 120th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1216, by Senator Golden, Senate Print 2153, an
11 act to amend the Domestic Relations Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1222, by Senator Griffo --
24 SENATOR DeFRANCISCO: Lay it aside
25 for the day, please.
3749
1 ACTING PRESIDENT GRIFFO: Lay the
2 bill aside for the day.
3 Calendar Number 1247.
4 THE SECRETARY: Calendar Number
5 1247, by Senator Martins, Senate Print 5129, an
6 act to amend the General Municipal Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1257, by Senator Serrano, Senate Print 5859B, an
19 act to authorize.
20 ACTING PRESIDENT GRIFFO: There is
21 a home-rule message at the desk.
22 The Secretary will read the last
23 section.
24 THE SECRETARY: Section 7. This
25 act shall take effect immediately.
3750
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1263, by Senator Martins, Senate Print 6450, an
9 act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT GRIFFO: There is
11 a home-rule message at the desk.
12 The Secretary will read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1268, by Senator O'Mara, Senate Print 6969, an
24 act to amend the Vehicle and Traffic Law.
25 ACTING PRESIDENT GRIFFO: Read the
3751
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, 61.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1285, by Senator Breslin, Senate Print 6789A, an
12 act to amend the Insurance Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1288, by Senator Serino, Senate Print 7777A, an
25 act to amend the Insurance Law.
3752
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1290, by Senator Stewart-Cousins, Senate Print
13 2243A, an act to amend the General Municipal 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, 61.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1295, by Senator Little, Senate Print 6343, an
3753
1 act to amend the Real Property Tax Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of January.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1325, by Senator LaValle, Senate Print 7932, an
14 act to amend the Education Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect one year after it shall
19 have become a law.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3754
1 THE SECRETARY: Calendar Number
2 1327, by Senator Martins, Senate Print 4377A, an
3 act to amend the Public Authorities Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect January 1, 2017.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1342, substituted earlier by Member of the
16 Assembly Williams, Assembly Print 10203, an act
17 to amend the Environmental Conservation 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, 60. Nays, 1.
3755
1 Senator LaValle recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1360, by Senator Little, Senate Print 7828A, an
6 act to amend the Private Housing Finance Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1365, substituted earlier by Member of the
19 Assembly Magnarelli, Assembly Print Number 3461C,
20 an act to amend the Mental Hygiene Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
3756
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1367, by Senator Carlucci, Senate Print 7410A, an
8 act to amend the Mental Hygiene Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 90th day.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59. Nays, 2.
17 Senators Hassell-Thompson and Perkins recorded in
18 the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1370, by Senator Ortt, Senate Print 7627, an act
23 to amend the Mental Hygiene Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3757
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60. Nays, 1.
7 Senator Hoylman recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1371, by Senator Ortt, Senate Print 7644A, an act
12 to amend Part O of Chapter 59 of the Laws of
13 2016.
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, 61.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1373, by Senator Gallivan, Senate Print 7804, an
3758
1 act to amend the Mental Hygiene Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1388, by Senator Golden, Senate Print 3383, an
14 act to amend the Executive Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 4. 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, 60. Nays, 1.
23 Senator Krueger recorded in the negative.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3759
1 THE SECRETARY: Calendar Number
2 1394, by Senator Hannon, Senate Print 5968A, an
3 act to direct.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1395, by Senator Sanders, Senate Print 6437A, an
16 act to amend the Executive Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 60th day.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT GRIFFO: The bill
3760
1 is passed.
2 THE SECRETARY: Calendar Number
3 1397, by Senator Nozzolio, Senate Print 6658, an
4 act to amend the Penal Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT GRIFFO: Senator
13 Krueger to explain her vote.
14 SENATOR KRUEGER: Thank you,
15 Mr. President. I rise to explain my vote no.
16 You know, sometimes we pass bills
17 because we think it sounds like we're doing the
18 right thing. And on the face of it, this bill
19 may sound like we're doing the right thing, but
20 it's one more bill to create one more offender
21 registry in the State of New York.
22 And the coalition of organizations
23 that make up the Coalition Against Domestic
24 Violence -- I believe it's almost 240
25 organizations represented -- all but one of the
3761
1 organizations actually oppose the bill because
2 they point out that the history of domestic
3 violence registries are that they don't create a
4 deterrent effect, but they switch our funding and
5 law enforcement efforts into tracking whether
6 somebody has signed up or not -- not whether we
7 are preventing domestic violence from taking
8 place, not that we are ensuring that continuing
9 domestic violence doesn't happen to new people
10 all the time.
11 So while I appreciate the sponsor's
12 efforts, we keep creating these registries or
13 proposing the creation of registries of almost
14 anyone lately, and it's not going to solve our
15 problems, Mr. President.
16 I vote no. Thank you.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger to be recorded in the negative.
19 Senator Nozzolio to explain his
20 vote.
21 SENATOR NOZZOLIO: Thank you,
22 Mr. President.
23 Mr. President and my colleagues, I
24 ask permission to be absent from voting and
25 explain my vote.
3762
1 That this measure is a measure that
2 was named after Brittany Passalacqua, a young
3 lady who at the age when most students are
4 entering junior high, was unfortunately murdered
5 by a perpetrator who was brought into her home by
6 her mom, who didn't know the background of this
7 individual. The individual killed her mom and
8 killed Brittany in the span of an hour one
9 fateful afternoon.
10 This law was named after Brittany
11 Passalacqua, in her memory, to try to prevent
12 domestic violence victims from happening in the
13 first place. We hear so much about protecting
14 the victims, and we should. We should care for
15 them, we should nurture them and take care of
16 their needs as they go through the heinous
17 process of recovering at least their bodily
18 wounds from that violence, when in fact the
19 emotional scars will remain forever.
20 My thought in presenting this
21 legislation -- and it's something this Senate has
22 passed over a half a dozen times directly. We
23 sought out Assembly Democrat bills, those who
24 were majority members of the Assembly, and took
25 their version of their bill, and it is
3763
1 pro-offered before you today in an effort to
2 obtain bipartisan support for protecting domestic
3 violence victims before they happen by
4 establishing simple transparency -- something
5 many members who are voting against this measure
6 talk about so much in government, when in fact
7 citizens really need to know who's dangerous and
8 who may be brought into their lives because
9 they've been convicted of a very violent crime.
10 That knowledge is knowledge that I
11 believe would prevent domestic violence victims.
12 If Brittany Passalacqua's mother had that
13 knowledge, she may be alive here today and we
14 wouldn't need to have a Brittany's Law.
15 But in fact the tragedy requires
16 addressing, and that this Domestic Violence
17 Prevention Act does just that, Mr. President.
18 And I appreciate those of my colleagues who are
19 supporting it. And I will continue to fight for
20 it, because it should become law, to prevent
21 victims of domestic violence from happening in
22 the first place.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Nozzolio to be recorded in the affirmative.
3764
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar 1397, those recorded in the negative are
4 Senators Comrie, Hamilton, Hassell-Thompson,
5 Hoylman, Krueger, Montgomery, Peralta, Perkins,
6 Rivera, Sanders and Squadron.
7 Ayes, 50. Nays, 11.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1401, by Senator Hannon, Senate Print 7873B, an
12 act to amend the Public Health Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect on the 45th day.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT GRIFFO: Senator
21 Krueger to explain her vote.
22 SENATOR KRUEGER: Thank you,
23 Mr. President. I rise to support this bill by
24 Senator Hannon. I want to thank Senator Hannon
25 for his work on this issue.
3765
1 It was actually brought to my
2 attention by a constituent who had struggled so
3 hard and so long to try to get the funding for
4 his severely disabled child that in theory he is
5 entitled to, the reimbursement for healthcare
6 costs, under the Medical Indemnity Law that we
7 passed here in this state several years ago.
8 Unfortunately, the system is not yet
9 working, which is why we need this law and
10 perhaps more enforcement to ensure people who
11 give birth to children who have serious medical
12 problems due to the situation at birth are
13 provided the health insurance benefits and
14 coverage that we promised them when they chose to
15 participate in the Medical Indemnity Program
16 instead of going to court in a medical
17 malpractice case.
18 I certainly hope this bill will be
19 signed by the Governor quickly.
20 Thank you, Mr. President. I vote
21 yes.
22 ACTING PRESIDENT GRIFFO: Senator
23 Krueger to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 61.
3766
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1402, by Senator Bonacic, Senate Print 5302D, an
5 act to amend the Racing, Pari-Mutuel Wagering and
6 Breeding Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 SENATOR GIANARIS: Lay it aside.
10 ACTING PRESIDENT GRIFFO: Lay the
11 bill aside.
12 THE SECRETARY: Calendar Number
13 1463, by Senator Young, Senate Print 7416, an act
14 to legalize, validate, and ratify.
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
3767
1 1473, by Senator Golden, Senate Print 8015, an
2 act to amend the Retirement and Social Security
3 Law.
4 ACTING PRESIDENT GRIFFO: There is
5 a home-rule message at the desk.
6 The Secretary will read the last
7 section.
8 THE SECRETARY: Section 21. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT GRIFFO: Senator
14 Golden to explain his vote.
15 SENATOR GOLDEN: Thank you,
16 Mr. President. I rise today to thank the
17 legislators here today for voting for this bill.
18 Our Fire Department has been without
19 a disability pension since 2009. The agreement
20 has been made with the City of New York for both
21 Correction and Sanitation. The only one that's
22 still outstanding is NYPD, and one would hope
23 that over the next couple of days that the City
24 of New York and the PBA can come to an agreement
25 so that we can have three-quarters for police
3768
1 officers as well.
2 I don't have to tell you what our
3 firemen went through on 9/11 -- 343 perished.
4 But what some of you may not know are the
5 funerals that we go to on a regular basis of
6 those that got cancers from 9/11 and are
7 perishing, actually two or three a month in the
8 past six months. That is a pretty high statistic
9 for the number of people that are dying from
10 cancers from 9/11.
11 So ladies and gentlemen, I want to
12 thank our legislators here today and thank the
13 Assembly for passing a good piece of legislation
14 that gives our firemen the ability to get their
15 disability and to be able to raise their families
16 and stay and live in this great city.
17 So this is a great bill, a good
18 bill, and it's the right thing to do. And I
19 thank you all and the mayor of the City of
20 New York and the Governor for coming together on
21 the initial agreement and allowing this to go
22 forward. Thank you.
23 I vote aye.
24 ACTING PRESIDENT GRIFFO: Senator
25 Golden to be recorded in the affirmative.
3769
1 Announce the results.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1477, by Senator DÃaz, Senate Print 262B, an act
7 to amend the Elder Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1485, by Senator Croci, Senate Print 3464C, an
20 act to amend the Executive Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 7. This
24 act shall take effect on the first of November.
25 ACTING PRESIDENT GRIFFO: Call the
3770
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Senator
4 Croci to explain his vote.
5 SENATOR CROCI: Thank you,
6 Mr. President.
7 I was so gratified last year when
8 this bill passed the house and the Minority
9 Leader, Senator Stewart-Cousins, was among the
10 aye votes.
11 We don't have -- there's no one
12 solution to the terrorist problem, and domestic
13 radicalization of terrorists has made the
14 battlefield, instead of distant shores, it's now
15 here in the United States.
16 This bill takes a step towards
17 helping the law enforcement and intelligence
18 analysts in our country have another piece of the
19 puzzle. And I think that if you were to ask the
20 director of the FBI, who's looking for more
21 information, if you were to ask members of local
22 law enforcement who are looking for more
23 information, this is a great step.
24 I think if you look at some of the
25 crimes that it covers -- making a terrorist
3771
1 threat, criminal use of a chemical or biological
2 weapon -- I think we can all agree in this day
3 and age this is an important piece of
4 legislation, and my colleagues in the Senate on
5 both sides should be commended for their support.
6 Thank you.
7 ACTING PRESIDENT GRIFFO: Senator
8 Croci to be recorded in the affirmative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar 1485, those recorded in the negative are
12 Senators Comrie, Dilan, Gianaris,
13 Hassell-Thompson, Hoylman, Krueger, Panepinto,
14 Peralta, Perkins, Rivera, Sanders, Squadron,
15 Stavisky and Stewart-Cousins. Also Senator
16 Montgomery. Also Senator Serrano.
17 Ayes, 45. Nays, 16.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1486, by Senator Venditto, Senate Print 3925, an
22 act to amend the Correction Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 3. This
3772
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: In relation to
6 Calendar 1486, those recorded in the negative are
7 Senators Hassell-Thompson, Montgomery, Perkins,
8 Rivera and Sanders. Also Senator Dilan.
9 Ayes, 55. Nays, 6.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 Calendar Number 1499 has been
13 amended and is high, ineligible for
14 consideration.
15 Calendar 1507 is before the house.
16 THE SECRETARY: Calendar Number
17 1507, substituted earlier by Member of the
18 Assembly Cusick, Assembly Print 9688, an act to
19 amend the Real Property Tax Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3773
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1508, by Senator Marchione, Senate Print 7464, an
7 act to amend the Agriculture and Markets Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1509, substituted earlier by Member of the
20 Assembly Markey, Assembly Print 9858, an act to
21 amend Chapter 138 of the Laws of 1998.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3774
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1510, by Senator Murphy, Senate Print 7480, an
9 act to amend the Executive Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1512, by Senator Serino, Senate Print 7690, an
22 act to amend the Labor Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3775
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1513, by Senator Serino, Senate Print 7691, an
10 act to amend the Elder Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1514, by Senator Ortt, Senate Print 7752, an act
23 to amend the Environmental Conservation Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3776
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 60th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60. Nays, 1.
7 Senator Serrano recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1515, by Senator LaValle, Senate Print 7772A, an
12 act to amend the Environmental Conservation Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1516, substituted earlier by Member of the
25 Assembly Blake, Assembly Print 10258, an act to
3777
1 amend the Executive Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1517, substituted earlier by Member of the
14 Assembly Englebright, Assembly Print 10264, an
15 act in relation to creating.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3778
1 THE SECRETARY: Calendar Number
2 1519, by Senator Carlucci, Senate Print 7952A, an
3 act to authorize.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59. Nays, 2.
12 Senators Bonacic and Larkin recorded in the
13 negative.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1520, by Senator Avella, Senate Print 7983A, an
18 act to amend the Social Services Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 60th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3779
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1522, by Senator Marcellino, Senate Print 426B,
6 an act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect on the first of November.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1523, by Senator Gallivan, Senate Print 434, an
19 act to amend the General Business Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 60th day.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3780
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1526, by Senator Golden, Senate Print 1109B, an
7 act to amend the Penal Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of November.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60. Nays, 1.
16 Senator Perkins recorded in the negative.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1527, by Senator Avella, Senate Print 1147C, an
21 act to amend the Agriculture and Markets Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 180th day.
3781
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT GRIFFO: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 1527, those recorded in the negative are
8 Senators Bonacic, Boyle, Croci, Griffo, Martins,
9 Ortt, Ranzenhofer, Serino and Seward.
10 Ayes, 52. Nays, 9.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1528, by Senator LaValle, Senate Print 1483A, an
15 act to amend the Executive Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT GRIFFO: Announce
24 the results.
25 THE SECRETARY: In relation to
3782
1 Calendar 1528, those recorded in the negative are
2 Senators Comrie, Dilan, Gianaris,
3 Hassell-Thompson, Hoylman, Krueger, Montgomery,
4 Peralta, Perkins, Rivera, Sanders and Serrano.
5 Also Senator Breslin. Also Senator Squadron.
6 Ayes, 47. Nays, 14.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1534, by Senator LaValle, Senate Print 2104, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 180th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1536, by Senator Flanagan, Senate Print 2135, an
24 act to amend the Highway Law.
25 ACTING PRESIDENT GRIFFO: There is
3783
1 a home-rule message present at the desk.
2 The Secretary will read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1537, by Senator Hannon, Senate Print 2160, an
14 act to amend the Executive 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: Ayes, 60. Nays, 1.
3784
1 Senator DeFrancisco recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is still passed.
4 THE SECRETARY: Calendar Number
5 1541, by Senator Griffo, Senate Print 2941A, an
6 act to amend the Executive Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1549, by Senator Ritchie, Senate Print 4964B, an
19 act to amend the Vehicle and Traffic Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of January.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3785
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59. Nays, 2.
3 Senators Dilan and Krueger recorded in the
4 negative.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1552, by Senator Marchione, Senate Print 5355A,
9 an act to amend the General Business Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 6. This
13 act shall take effect on the 30th day.
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 1557, by Senator Ranzenhofer, Senate Print 6320,
22 an act to amend the Education Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3786
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1558, by Senator Latimer, Senate Print 6334, an
10 act to amend the Public Officers Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60. Nays, 1.
19 Senator Gallivan recorded in the negative.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1560, substituted earlier by Member of the
24 Assembly Dinowitz, Assembly Print 8562A, an act
25 to amend the Executive Law.
3787
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 30th day.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1564, by Senator Serino, Senate Print 6689, an
13 act to amend the Correction Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect on the first of January.
18 ACTING PRESIDENT GRIFFO: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT GRIFFO: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 1564, those recorded in the negative are
25 Senators Hassell-Thompson, Montgomery, Perkins,
3788
1 Rivera and Sanders.
2 Ayes, 56. Nays, 5.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1566, by Senator Funke, Senate Print 6733, an act
7 authorizing.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 SENATOR GIANARIS: Lay it aside.
11 ACTING PRESIDENT GRIFFO: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 1567, by Senator Farley, Senate Print 6746, an
15 act to amend the Education Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect June 30, 2016.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
3789
1 THE SECRETARY: Calendar Number
2 1569, by Senator Golden, Senate Print 6926, an
3 act to amend the Executive Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT GRIFFO: Senator
12 Golden to explain his vote.
13 SENATOR GOLDEN: Thank you,
14 Mr. President. I rise on this piece of
15 legislation.
16 It would give the New York City
17 Police Department the ability to put together an
18 active-shooter team with advanced ballistic
19 vests, with advanced ballistic helmets and
20 approved long guns or rifles.
21 Right now nothing more cries out for
22 this legislation than we see the innocents
23 slaughtered, those unfortunate people that were
24 slaughtered in Orlando. We need active-shooter
25 teams ready to go. And this would allow these
3790
1 active-shooter teams in New York City to be able
2 to go out there and to protect our citizenry.
3 Just think about these numbers.
4 One-third of police officers that enter into an
5 active-shooting incident are killed, one-third.
6 In September of 2013, the FBI did an analysis and
7 out of that analysis, where more than one police
8 officer went into that, where there were several
9 officers going in, in 21 of the 45 incidents
10 police officers were shot. Forty-six percent
11 incident rates on officers entering into
12 active-shooter situations have been shot.
13 These ballistic helmets, ballistic
14 vests, and of course the long guns would give
15 these officers the tools and the equipment they
16 need to be able to enter into an active-shooter
17 situation and to get them to respond that much
18 quicker. Since we only have a handful of
19 emergency service trucks in each borough, this
20 would put more units on the street ready to go.
21 And we need them.
22 So I ask my colleagues to vote for
23 this bill, I thank them for voting for it, and I
24 hope the Assembly follows through and does the
25 right thing, because our city needs this
3791
1 legislation.
2 Thank you.
3 ACTING PRESIDENT GRIFFO: Senator
4 Golden to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1575, by Senator Savino, Senate Print 7067A, an
11 act to amend the Social Services Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 91st day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1578, substituted earlier by Member of the
24 Assembly Peoples-Stokes, Assembly Print 9762, an
25 act to amend the Executive Law.
3792
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1579, substituted earlier by Member of the
13 Assembly DenDekker, Assembly Print 9696, an act
14 to amend the Executive Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59. Nays, 2.
23 Senators Hassell-Thompson and Perkins recorded in
24 the negative.
25 ACTING PRESIDENT GRIFFO: The bill
3793
1 is passed.
2 THE SECRETARY: Calendar Number
3 1581, substituted earlier by Member of the
4 Assembly Englebright, Assembly Print 9239, an act
5 to amend the Correction Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 60th day.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1582, by Senator Young, Senate Print 7408A, an
18 act to amend the County Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
3794
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1583, by Senator Seward, Senate Print 7501, an
6 act to amend the Environmental Conservation Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: Senator
15 Krueger to explain her vote.
16 SENATOR KRUEGER: Thank you,
17 Mr. President.
18 You know, we frequently see bills
19 like this, or close to this, where a department
20 wants to go into a lease arrangement or is going
21 to bid something out.
22 But just for the record, and why I'm
23 voting no, because it actually would require a
24 40-year lease with a particular entity by the
25 DEC, but the DEC is actually opposed to the
3795
1 proposal. I don't know that we should be passing
2 laws making our agencies go into these kinds of
3 lease agreements.
4 So I vote no, Mr. President. Thank
5 you.
6 ACTING PRESIDENT GRIFFO: Senator
7 Krueger to be recorded in the negative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar 1583, those recorded in the negative are
11 Senators Gianaris, Hoylman, Krueger, Perkins and
12 Squadron.
13 Ayes, 56. Nays, 5.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1586, by Senator Murphy, Senate Print 7563, an
18 act to amend the Vehicle and Traffic Law.
19 ACTING PRESIDENT GRIFFO: There is
20 a home-rule message at the desk.
21 The Secretary will read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
3796
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1587, by Senator Ortt, Senate Print 7619, an act
8 to amend the State Administrative Procedure Act.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 60th day.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1589, substituted earlier by Member of the
21 Assembly Zebrowski, Assembly Print 10242, an act
22 to amend the State Administrative Procedure Act.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3797
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60. Nays, 1.
6 Senator Sanders recorded in the negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1591, by Senator Larkin, Senate Print 7959, an
11 act to authorize.
12 ACTING PRESIDENT GRIFFO: There is
13 a home-rule message at the desk.
14 The Secretary will read the last
15 section.
16 THE SECRETARY: Section 5. 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, 61.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1595, by Senator Little, Senate Print 8027, an
3798
1 act to amend the Environmental Conservation Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the same date and in the
6 same manner as a Concurrent Resolution of the
7 Senate and Assembly.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1610, by Senator Felder, Senate Print 4172, an
16 act to authorize.
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 ACTING PRESIDENT GRIFFO: Announce
25 the results.
3799
1 THE SECRETARY: In relation to
2 Calendar 1610, those recorded in the negative are
3 Senators Bonacic, Espaillat, Gianaris,
4 Hassell-Thompson, Kennedy, Krueger, Larkin,
5 Montgomery, Peralta, Perkins, Rivera and
6 Stewart-Cousins.
7 Ayes, 49. Nays, 12.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1618, by Senator Hannon, Senate Print 5644, an
12 act to amend the Real Property Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 60th day.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59. Nays, 2.
21 Senators Avella and Klein recorded in the
22 negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3800
1 1621, by Senator Croci, Senate Print 5842B, an
2 act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 5. This
6 act shall take effect on the 120th day.
7 ACTING PRESIDENT GRIFFO: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT GRIFFO: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 1621, those recorded in the negative are
14 Senators Dilan, Espaillat, Gianaris,
15 Hassell-Thompson, Hoylman, Krueger, Montgomery,
16 Panepinto, Peralta, Perkins, Rivera, Sanders,
17 Serrano, Squadron and Stavisky.
18 Ayes, 46. Nays, 15.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1625, by Senator Bonacic, Senate Print 6546A, an
23 act to amend the Real Property Tax Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3801
1 THE SECRETARY: Section 5. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: It's
7 getting a little noisy in the chamber.
8 THE SECRETARY: Ayes, 60. Nays,
9 1 --
10 ACTING PRESIDENT GRIFFO: We're on
11 1625, by Senator Bonacic. All those in the
12 negative please raise your hands.
13 Announce the results.
14 THE SECRETARY: Ayes, 59. Nays, 2.
15 Senators Espaillat and Felder recorded in the
16 negative.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1664, by Senator Marcellino, Senate Print 7911C,
21 an act authorizing.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3802
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: In relation to
5 Calendar 1664, those recorded in the negative are
6 Senators Bonacic, Larkin and Perkins.
7 Ayes, 58. Nays, 3.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 Senator DeFrancisco, that completes
11 the noncontroversial reading of today's
12 active-list calendar.
13 SENATOR DeFRANCISCO: We have one
14 resolution that I'm going to announce in a
15 minute, but I'd like to make an announcement that
16 as soon as that's over we're going to go to an
17 immediate meeting of the Rules Committee in
18 Room 332.
19 So if you're in chambers, please go
20 there right away. We've got 40-some-odd bills,
21 then another Rules Committee meeting. So let's
22 please keep this thing moving.
23 The next resolution -- if we can go
24 back to motions and resolutions.
25 ACTING PRESIDENT GRIFFO: We will
3803
1 return to motions and resolutions.
2 SENATOR DeFRANCISCO: If we would
3 take up the last resolution on the agenda,
4 previously adopted Resolution 4113, by Senator
5 Carlucci, read the title only and call on Senator
6 Carlucci, please.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 Senator Carlucci, be prepared.
10 THE SECRETARY: Legislative
11 Resolution Number 4113, by Senator Carlucci,
12 memorializing Governor Andrew M. Cuomo to
13 proclaim June 12, 2016, as Filipino Independence
14 Day in the State of New York.
15 ACTING PRESIDENT GRIFFO: Senator
16 Carlucci.
17 SENATOR CARLUCCI: Thank you,
18 Mr. President. I rise to support this resolution
19 to proclaim June 12th as Filipino Independence
20 Day in the State of New York.
21 And Filipino Independence Day gets
22 its background from in 1898, when the Philippines
23 declared independence over Spain and portrayed
24 all of the liberties that -- much similar to what
25 we hold dear on Independence Day, which we
3804
1 celebrate on July 4th here in the United States.
2 And to fast forward, since 1962 this
3 holiday has been celebrated on June 12th every
4 year as a national holiday in the Philippines.
5 And it's very fitting that we
6 proclaim Filipino Independence day in the State
7 of New York, because we're really the
8 beneficiaries in New York State of having
9 Filipino-Americans as one of largest immigrant
10 groups in New York State and in the United
11 States. In fact, the Migration Policy Institute
12 says that Filipino immigrants constitute one of
13 the largest foreign-born groups in the United
14 States.
15 And we truly are the beneficiaries
16 of that here in New York. And particularly I'm
17 very grateful, because in Rockland County we have
18 a very strong and prideful Filipino-American
19 group.
20 And we're so fortunate because
21 gracing us with their presence here today is the
22 Filipino Association of Rockland County and the
23 Filipino-American Senior Association of Rockland
24 County. Even though there's no seniors up there,
25 they're here representing them. Oh, oh, wait --
3805
1 no, there we go.
2 But -- and the leaders of the groups
3 are here as well. We have Elmer-Rheci Abustan,
4 who has been the leader of the Filipino
5 Association of Rockland. We have Rudy Marasigan,
6 who is the leader of the Filipino-American Senior
7 Association of Rockland. And the current
8 president of the Filipino Association of Rockland
9 is Mark Sanchez, who's with us here today as
10 well.
11 And it's fitting as well to
12 celebrate this in June, because we just
13 celebrated Santa Cruzan, an annual festival which
14 we're so thankful that we have that in Rockland
15 County, where we celebrate that and celebrate the
16 rich culture of the Philippines in our community
17 and throughout New York State. And next year our
18 commitment is to expand that and really show the
19 pride of the Philippines by having a parade right
20 in Rockland County down Main Street.
21 So we're looking forward to all the
22 wonderful people here with us today to organize
23 that great event, and we're inviting everybody in
24 the chamber here today to join us next June as we
25 celebrate Santa Cruzan and Filipino Independence
3806
1 Day in New York State again.
2 So, Mr. President, I
3 enthusiastically will be supporting this
4 resolution and encourage my colleagues to do the
5 same. Thank you so much.
6 ACTING PRESIDENT GRIFFO: Thank
7 you, Senator Carlucci.
8 As noted, the resolution was
9 previously adopted in March of this year.
10 We want welcome our guests who are
11 with us today celebrating Filipino independence.
12 Congratulations, and we extend the courtesies of
13 the house to all of you.
14 You may stand and be recognized.
15 (Applause.)
16 ACTING PRESIDENT GRIFFO: The
17 resolution is open for cosponsorship. Should you
18 choose not to be a cosponsor, please notify the
19 desk.
20 Senator DeFrancisco has noted that
21 there's an immediate meeting of the Rules
22 Committee in Room 332. Please bring your tablets
23 with you and return the tablets back to the
24 chamber.
25 Senator DeFrancisco, anything else?
3807
1 SENATOR DeFRANCISCO: There will be
2 an immediate meeting of the Rules Committee in
3 Room 332, as promised.
4 ACTING PRESIDENT GRIFFO: Okay, so
5 there's an immediate meeting of the Rules
6 Committee in Room 332. Please bring your tablets
7 and return them to the chamber.
8 SENATOR DeFRANCISCO: I just don't
9 want you to overstep your bounds, okay?
10 (Laughter.)
11 ACTING PRESIDENT GRIFFO: The
12 Senate will stand at ease, with Senator
13 DeFrancisco's permission.
14 (Whereupon, the Senate stood at ease
15 at 3:21 p.m.)
16 (Whereupon, the Senate reconvened at
17 3:45 p.m.)
18 ACTING PRESIDENT AKSHAR: The
19 Senate will come to order.
20 SENATOR DeFRANCISCO: Is there a
21 Rules Committee report at the desk?
22 ACTING PRESIDENT AKSHAR: There is,
23 Floor Leader.
24 SENATOR DeFRANCISCO: Would you
25 please read the bills on that committee report.
3808
1 ACTING PRESIDENT AKSHAR: The
2 Secretary will read.
3 THE SECRETARY: Senator Flanagan,
4 from the Committee on Rules, reports the
5 following bills:
6 Senate 23A, by Senator LaValle, an
7 act to amend the Tax Law;
8 Senate 213A, By Senator Martins, an
9 act to amend the Tax Law;
10 Senate 449, by Senator Marcellino,
11 an act to amend the Executive Law;
12 Senate 735, by Senator Marcellino,
13 an act to amend the Vehicle and Traffic Law;
14 Senate 1706A, by Senator Golden, an
15 act to amend the Social Services Law;
16 Senate 1983A, by Senator Young, an
17 act to amend the Social Services Law;
18 Senate 2383, by Senator Gianaris, an
19 act to amend Penal Law;
20 Senate 2655, by Senator Parker, an
21 act to amend the Penal Law;
22 Senate 2718A, by Senator Griffo, an
23 act to amend the Workers' Compensation Law;
24 Senate 3419C, by Senator Young, an
25 act to amend the Insurance Law;
3809
1 Senate 3676A, by Senator Savino, an
2 act to amend the Tax Law;
3 Senate 3940A, by Senator Flanagan,
4 an act to amend the Penal Law;
5 Senate 4617A, by Senator Lanza, an
6 act to amend the Tax Law;
7 Senate 4744, by Senator Funke, an
8 act to amend the Environmental Conservation Law;
9 Senate 4799D, by Senator LaValle, an
10 act to grant authority;
11 Senate 4826A, by Senator Valesky, an
12 act to amend the Public Authorities Law;
13 Senate 5000B, by Senator Golden, an
14 act to amend the Correction Law;
15 Senate 5218A, by Senator Savino, an
16 act to amend Public Health Law;
17 Senate 5432A, by Senator Funke, an
18 act to amend the Agriculture and Markets Law;
19 Senate 5498A, by Senator Amedore, an
20 act to establish;
21 Senate 6220B, by Senator Hamilton,
22 an act in relation to enacting;
23 Senate 6232A, by Senator Funke, an
24 act to amend the Tax Law;
25 Senate 6703, by Senator Golden, an
3810
1 act to amend the Tax Law;
2 Senate 6743, by Senator Griffo, an
3 act granting;
4 Senate 6842B, by Senator Avella, an
5 act to amend the Agriculture and Markets Law;
6 Senate 7116, by Senator Lanza, an
7 act to amend Chapter 154 of the Laws of 1921;
8 Senate 7300, by Senator
9 Hassell-Thompson, an act relating to providing;
10 Senate 7403, by Senator Avella, an
11 act to amend Chapter 395 of the Laws of 2008;
12 Senate 7439, by Senator Hannon, an
13 act to amend the Tax Law;
14 Senate 7468, by Senator Ortt, an act
15 to establish;
16 Senate 7482, by Senator Murphy, an
17 act to amend the Tax Law;
18 Senate 7495, by Senator Akshar, an
19 act to amend the Mental Hygiene Law;
20 Senate 7514A, by Senator Robach, an
21 act to authorize;
22 Senate 7637, by Senator Little, an
23 act in relation to;
24 Senate 7668A, by Senator Ortt, an
25 act directing;
3811
1 Senate 7724A, by Senator Murphy, an
2 act to amend the Retirement and Social Security
3 Law;
4 Senate 7755, by Senator Bonacic, an
5 act in relation to;
6 Senate 7758, by Senator Ortt, an act
7 to amend the Environmental Conservation Law;
8 Senate 7788, by Senator Bonacic, an
9 act to amend Chapter 538 of the Laws of 2013;
10 Senate 7807, by Senator Bonacic, an
11 act to amend the Civil Practice Law and Rules;
12 Senate 7853A, by Senator Gallivan,
13 an act to amend the Public Health Law;
14 Senate 7860, by Senator Amedore, an
15 act to amend the Public Health Law;
16 Senate 7891, by Senator Murphy, an
17 act to direct;
18 Senate 7903A, by Senator Little, an
19 act to amend the Private Housing Finance Law;
20 Senate 7945, by Senator Hannon, an
21 act to amend the Public Health Law;
22 Senate 7958, by Senator Marchione,
23 an act to amend the Public Officers Law;
24 Senate 7969, by Senator Valesky, an
25 act to amend the General Municipal Law;
3812
1 Senate 8004, by Senator Lanza, an
2 act to amend the General Municipal Law;
3 And Senate 8070, by Senator Amedore,
4 an act to amend the Civil Service Law.
5 All bills reported direct to third
6 reading.
7 ACTING PRESIDENT AKSHAR: Floor
8 Leader.
9 SENATOR DeFRANCISCO: Move to
10 accept the Rules report.
11 ACTING PRESIDENT AKSHAR: All in
12 favor of accepting the report of the Rules
13 Committee signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT AKSHAR: Opposed,
16 nay.
17 (No response.)
18 ACTING PRESIDENT AKSHAR: The
19 report is accepted.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: May we now
22 return to messages from the Assembly.
23 ACTING PRESIDENT AKSHAR: We will
24 return to messages from the Assembly.
25 The Secretary will read.
3813
1 THE SECRETARY: Senator Avella
2 moves to discharge, from the Committee on
3 Agriculture, Assembly Bill Number 1231B and
4 substitute it for the identical Senate Bill
5 6842B, Third Reading Calendar 1690.
6 Senator Little moves to discharge,
7 from the Committee on Rules, Assembly Bill Number
8 10255 and substitute it for the identical Senate
9 Bill 7637, Third Reading Calendar 1699.
10 Senator Bonacic moves to discharge,
11 from the Committee on Investigations and
12 Government Operations, Assembly Bill Number 10121
13 and substitute it for the identical Senate Bill
14 7788, Third Reading Calendar 1704.
15 Senator Bonacic moves to discharge,
16 from the Committee on Codes, Assembly Bill Number
17 10357 and substitute it for the identical Senate
18 Bill 7807, Third Reading Calendar 1705.
19 Senator Marchione moves to
20 discharge, from the Committee on Investigations
21 and Government Operations, Assembly Bill Number
22 6959A and substitute it for the identical Senate
23 Bill 7958, Third Reading Calendar 1711.
24 And Senator Valesky moves to
25 discharge, from the Committee on Local
3814
1 Government, Assembly Bill Number 10351A and
2 substitute it for the identical Senate Bill 7969,
3 Third Reading Calendar 1712.
4 ACTING PRESIDENT AKSHAR: The
5 substitutions are so ordered as read.
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: Yes, I'd like
8 to compliment the desk at its alacrity in moving
9 these various things back and forth between the
10 houses. It's going very smoothly, and thank you.
11 We have at our desks Senate
12 Supplemental Calendar Number 53A, and these are
13 the bills that we just accepted from the Rules
14 Committee. Would you please do the
15 noncontroversial reading of that calendar.
16 ACTING PRESIDENT AKSHAR: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 1634, by Senator LaValle, Senate Print 23A, an
20 act to amend the Tax Law.
21 ACTING PRESIDENT AKSHAR: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT AKSHAR: Call the
3815
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT AKSHAR: Announce
4 the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT AKSHAR: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1655, by Senator Martins, Senate Print 213A, an
10 act to amend the Tax Law.
11 ACTING PRESIDENT AKSHAR: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT AKSHAR: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT AKSHAR: Senator
19 Krueger to explain her vote.
20 SENATOR KRUEGER: Thank you,
21 Mr. President. I rise to explain my vote.
22 While the commuter tax for the MTA
23 has been quite a -- the Metropolitan Commuter
24 Transportation Mobility Tax, let me get that one
25 correct, has been controversial from the very
3816
1 beginning. But the concept that today we would
2 pass a law to specifically exclude political
3 subdivisions from having to pay it, except not
4 exclude the City of New York from the bill --
5 allowing the political subdivisions in the other
6 seven counties of the MTA region to exempt that
7 cost for themselves, but not exempt the City of
8 New York -- is yet again another example of this
9 house treating one locality in New York State,
10 the City of New York, differently than it treats
11 every other locality. And hence I'm voting no.
12 Thank you, Mr. President.
13 ACTING PRESIDENT AKSHAR: Senator
14 Krueger to be recorded in the negative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar 1655, those recorded in the negative are
18 Senators Comrie, Dilan, Gianaris, Hamilton,
19 Hoylman, Krueger, Montgomery, Peralta, Perkins,
20 Rivera, Serrano and Squadron. Also Senator
21 Persaud. Also Senator Addabbo.
22 Ayes, 47. Nays, 14.
23 ACTING PRESIDENT AKSHAR: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3817
1 1660, by Senator Marcellino, Senate Print 449, an
2 act to amend the Executive Law.
3 ACTING PRESIDENT AKSHAR: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 60th day.
7 ACTING PRESIDENT AKSHAR: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59. Nays, 2.
11 Senators Montgomery and Perkins recorded in the
12 negative.
13 ACTING PRESIDENT AKSHAR: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1669, by Senator Marcellino, Senate Print 735, an
17 act to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT AKSHAR: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of November.
22 ACTING PRESIDENT AKSHAR: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT AKSHAR: Announce
3818
1 the result.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT AKSHAR: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1670, by Senator Golden, Senate Print 1706A, an
7 act to amend the Social Services Law.
8 ACTING PRESIDENT AKSHAR: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT AKSHAR: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60. Nays, 1.
16 Senator Perkins recorded in the negative.
17 ACTING PRESIDENT AKSHAR: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1671, by Senator Young, Senate Print 1983A, an
21 act to amend the Social Services Law.
22 ACTING PRESIDENT AKSHAR: Read the
23 last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect on the 120th day.
3819
1 ACTING PRESIDENT AKSHAR: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT AKSHAR: Announce
5 the result.
6 THE SECRETARY: In relation to
7 Calendar 1671, those recorded in the negative are
8 Senators Comrie, Dilan, Gianaris, Hoylman,
9 Krueger, Panepinto, Peralta, Perkins, Rivera and
10 Squadron.
11 Ayes, 51. Nays, 10.
12 ACTING PRESIDENT AKSHAR: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1672, by Senator Gianaris, Senate Print 2383, an
16 act to amend the Penal Law.
17 ACTING PRESIDENT AKSHAR: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 15th day.
21 ACTING PRESIDENT AKSHAR: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT AKSHAR: Announce
25 the result.
3820
1 THE SECRETARY: Ayes, 60. Nays, 1.
2 Senator Perkins recorded in the negative.
3 ACTING PRESIDENT AKSHAR: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1673, by Senator Parker, Senate Print 2655, an
7 act to amend the Penal Law.
8 ACTING PRESIDENT AKSHAR: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of November.
12 ACTING PRESIDENT AKSHAR: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT AKSHAR: Announce
16 the result.
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT AKSHAR: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1674, by Senator Griffo, Senate Print 2718A, an
22 act to amend the Workers' Compensation Law.
23 ACTING PRESIDENT AKSHAR: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3821
1 act shall take effect on the 60th day.
2 ACTING PRESIDENT AKSHAR: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT AKSHAR: Announce
6 the result.
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT AKSHAR: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1675, by Senator Young, Senate Print 3419C, an
12 act to amend the Insurance Law.
13 ACTING PRESIDENT AKSHAR: Read the
14 last section.
15 THE SECRETARY: Section 13. This
16 act shall take effect January 1, 2017.
17 ACTING PRESIDENT AKSHAR: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT AKSHAR: Announce
21 the results.
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT AKSHAR: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3822
1 1676, by Senator Savino, Senate Print 3676A, an
2 act to amend the Tax Law.
3 ACTING PRESIDENT AKSHAR: Read the
4 last section.
5 THE SECRETARY: Section 5. This
6 act shall take effect on the 60th day.
7 ACTING PRESIDENT AKSHAR: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT AKSHAR: Senator
11 Kaminsky to explain his vote.
12 SENATOR KAMINSKY: Thank you,
13 Mr. President.
14 I rise today to explain my vote in
15 the affirmative and to thank the sponsor for this
16 innovative legislation.
17 After Hurricane Sandy, especially on
18 the South Shore of Long Island, Staten Island,
19 and several other unfortunate places, people
20 found that after rebuilding it was difficult to
21 deal with insurance companies, difficult to deal
22 with government bureaucracy. And on top of that,
23 flood insurance was just simply pricing them out
24 of the area.
25 Allowing our businesses and our
3823
1 homeowners to find it affordable to live near the
2 shore is what we must continue to do, and I
3 commend the sponsor on this important bill. We
4 need more like it, and I vote in the affirmative.
5 Thank you.
6 ACTING PRESIDENT AKSHAR: Senator
7 Kaminsky to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT AKSHAR: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1677, by Senator Flanagan, Senate Print 3940A, an
14 act to amend the Penal Law.
15 ACTING PRESIDENT AKSHAR: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 120th day.
19 ACTING PRESIDENT AKSHAR: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT AKSHAR: Announce
23 the results.
24 THE SECRETARY: Ayes, 60. Nays, 1.
25 Senator Perkins recorded in the negative.
3824
1 ACTING PRESIDENT AKSHAR: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1678, by Senator Lanza, Senate Print 4617A, an
5 act to amend the Tax Law.
6 ACTING PRESIDENT AKSHAR: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect July 1, 2016.
10 ACTING PRESIDENT AKSHAR: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT AKSHAR: Announce
14 the results.
15 THE SECRETARY: Ayes, 60. Nays, 1.
16 Senator Perkins recorded in the negative.
17 ACTING PRESIDENT AKSHAR: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1679, by Senator Funke, Senate Print 4744, an act
21 to amend the Environmental Conservation Law.
22 ACTING PRESIDENT AKSHAR: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3825
1 ACTING PRESIDENT AKSHAR: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT AKSHAR: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 1679, those recorded in the negative are
8 Senators Comrie, Hoylman, Perkins and Serrano.
9 Ayes, 57. Nays, 4.
10 ACTING PRESIDENT AKSHAR: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1680, by Senator LaValle, Senate Print 4799D, an
14 act to grant authority.
15 ACTING PRESIDENT AKSHAR: Read the
16 last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT AKSHAR: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT AKSHAR: Announce
23 the results.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT AKSHAR: The bill
3826
1 is passed.
2 THE SECRETARY: Calendar Number
3 1681, by Senator Valesky, Senate Print 4826A, an
4 act to amend the Public Authorities Law.
5 ACTING PRESIDENT AKSHAR: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect January 1, 2017.
9 ACTING PRESIDENT AKSHAR: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT AKSHAR: Announce
13 the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT AKSHAR: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1682, by Senator Golden, Senate Print 5000B, an
19 act to amend the Correction Law.
20 ACTING PRESIDENT AKSHAR: Read the
21 last section.
22 THE SECRETARY: Section 14. This
23 act shall take effect on the first of November.
24 ACTING PRESIDENT AKSHAR: Call the
25 roll.
3827
1 (The Secretary called the roll.)
2 ACTING PRESIDENT AKSHAR: Announce
3 the results.
4 THE SECRETARY: Ayes, 58. Nays, 3.
5 Senators Montgomery, Perkins and Rivera recorded
6 in the negative.
7 ACTING PRESIDENT AKSHAR: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1683, by Senator Savino, Senate Print 5218A, an
11 act to amend the Public Health Law.
12 ACTING PRESIDENT AKSHAR: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT AKSHAR: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT AKSHAR: Announce
20 the result.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT AKSHAR: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1684, by Senator Funke, Senate Print 5432A, an
3828
1 act to amend the Agriculture and Markets Law.
2 ACTING PRESIDENT AKSHAR: Read the
3 last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect immediately.
6 ACTING PRESIDENT AKSHAR: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT AKSHAR: Announce
10 the results.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT AKSHAR: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1685, by Senator Amedore, Senate Print 5498A, an
16 act to establish.
17 ACTING PRESIDENT AKSHAR: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT AKSHAR: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT AKSHAR: Announce
25 the results.
3829
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT AKSHAR: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1686, by Senator Hamilton, Senate Print 6220B, an
6 act in relation to enacting.
7 ACTING PRESIDENT AKSHAR: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT AKSHAR: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT AKSHAR: Senator
15 Hamilton.
16 SENATOR HAMILTON: Mr. President, I
17 rise to state that this bill is very important to
18 me. Youth violence is a matter that affects all
19 of us in New York State. And I'm glad we're
20 going to start a task force to look at youth
21 violence.
22 Especially with what's happened in
23 Orlando, Florida, we need to let children know
24 that there are other ways to solve differences
25 rather than fighting and murdering one another.
3830
1 So I just want to thank everyone in
2 the chamber who voted and supported me on this
3 bill. Thank you.
4 ACTING PRESIDENT AKSHAR: Senator
5 Hamilton to be recorded in the affirmative.
6 Announce the result.
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT AKSHAR: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1687, by Senator Funke, Senate Print 6232A, an
12 act to amend the Tax Law.
13 ACTING PRESIDENT AKSHAR: Read the
14 last section.
15 THE SECRETARY: Section 7. This
16 act shall take effect on the first day.
17 ACTING PRESIDENT AKSHAR: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT AKSHAR: Senator
21 Krueger.
22 SENATOR KRUEGER: Thank you,
23 Mr. President. I rise to explain my vote no.
24 I feel very strongly that our tax
25 policies must reflect our belief in the
3831
1 separation of church and state. And so while
2 certain times of year, certain trees are used for
3 religious purposes, I don't believe we can
4 support a tax exemption because they are being
5 used for a specific religion or set of religions
6 at a certain time of year.
7 So I'll vote no. Thank you,
8 Mr. President.
9 ACTING PRESIDENT AKSHAR: Senator
10 Krueger to be recorded in the negative.
11 Announce the result.
12 THE SECRETARY: Ayes, 60. Nays, 1.
13 Senator Krueger recorded in the negative.
14 ACTING PRESIDENT AKSHAR: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1688, by Senator Golden, Senate Print 6703, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT AKSHAR: Read the
20 last section.
21 THE SECRETARY: Section 7. This
22 act shall take effect immediately.
23 ACTING PRESIDENT AKSHAR: Call the
24 roll.
25 (The Secretary called the roll.)
3832
1 ACTING PRESIDENT AKSHAR: Announce
2 the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT AKSHAR: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1689, by Senator Griffo, Senate Print 6743, an
8 act granting.
9 ACTING PRESIDENT AKSHAR: There is
10 a home-rule message at the desk.
11 The Secretary will read the last
12 section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT AKSHAR: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT AKSHAR: Announce
19 the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT AKSHAR: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1690, substituted earlier by Member of the
25 Assembly Jaffee, Assembly Print 1231B, an act to
3833
1 amend the Agriculture and Markets Law.
2 ACTING PRESIDENT AKSHAR: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT AKSHAR: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT AKSHAR: Announce
10 the results.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT AKSHAR: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1691, by Senator Lanza, Senate Print 7116, an act
16 to amend Chapter 154 of the Laws of 1921.
17 ACTING PRESIDENT AKSHAR: Read the
18 last section.
19 THE SECRETARY: Section 6. This
20 act shall take effect upon the enactment.
21 ACTING PRESIDENT AKSHAR: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT AKSHAR: Announce
25 the result.
3834
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT AKSHAR: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1692, by Senator Hassell-Thompson, Senate Print
6 7300, an act relating to.
7 ACTING PRESIDENT AKSHAR: There is
8 a home-rule message at the desk.
9 The Secretary will read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT AKSHAR: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AKSHAR: Announce
17 the result.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT AKSHAR: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1693, by Senator Avella, Senate Print 7403, an
23 act to amend Chapter 395 of the Laws of 2008.
24 ACTING PRESIDENT AKSHAR: Read the
25 last section.
3835
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT AKSHAR: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT AKSHAR: Announce
7 the result.
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT AKSHAR: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1694, by Senator Hannon, Senate Print 7439, an
13 act to amend the Tax Law.
14 ACTING PRESIDENT AKSHAR: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the first of January.
18 ACTING PRESIDENT AKSHAR: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT AKSHAR: Announce
22 the result.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT AKSHAR: The bill
25 is passed.
3836
1 THE SECRETARY: Calendar Number
2 1695, by Senator Ortt, Senate Print 7468, an act
3 establishing.
4 ACTING PRESIDENT AKSHAR: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the 60th day.
8 ACTING PRESIDENT AKSHAR: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT AKSHAR: Announce
12 the result.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT AKSHAR: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1696, by Senator Murphy, Senate Print 7482, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT AKSHAR: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT AKSHAR: Call the
24 roll.
25 (The Secretary called the roll.)
3837
1 ACTING PRESIDENT AKSHAR: Announce
2 the result.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT AKSHAR: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1697, by Senator Akshar, Senate Print 7495, an
8 act to amend the Mental Hygiene Law.
9 ACTING PRESIDENT AKSHAR: Read the
10 last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the 30th day.
13 ACTING PRESIDENT AKSHAR: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AKSHAR: Announce
17 the results.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT AKSHAR: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1698, by Senator Robach, Senate Print 7514A, an
23 act authorizing.
24 ACTING PRESIDENT AKSHAR: There is
25 a home-rule message at the desk.
3838
1 The Secretary will read the last
2 section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 ACTING PRESIDENT AKSHAR: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT AKSHAR: Announce
9 the result.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT AKSHAR: The bill
12 is passed.
13 SENATOR DeFRANCISCO: Can you tell
14 me what Calendar Number just passed?
15 ACTING PRESIDENT AKSHAR: 1698,
16 Floor Leader.
17 SENATOR DeFRANCISCO: That's fine.
18 Thank you.
19 (Laughter.)
20 THE SECRETARY: Calendar Number
21 1699, by Member of the Assembly --
22 SENATOR DeFRANCISCO: Lay the bill
23 aside for the day, please.
24 ACTING PRESIDENT AKSHAR: The bill
25 is laid aside for the day.
3839
1 THE SECRETARY: Calendar Number
2 1700, by Senator Ortt, Senate Print 7668A, an act
3 directing.
4 ACTING PRESIDENT AKSHAR: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT AKSHAR: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT AKSHAR: Announce
12 the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT AKSHAR: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1701, by Senator Murphy, Senate Print 7724A, an
18 act to amend the Retirement and Social Security
19 Law.
20 ACTING PRESIDENT AKSHAR: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT AKSHAR: Call the
25 roll.
3840
1 (The Secretary called the roll.)
2 ACTING PRESIDENT AKSHAR: Announce
3 the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT AKSHAR: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1702, by Senator Bonacic, Senate Print 7755, an
9 act relating to the eligibility.
10 ACTING PRESIDENT AKSHAR: There is
11 a home-rule message at the desk.
12 The Secretary will read the last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT AKSHAR: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT AKSHAR: Announce
20 the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT AKSHAR: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1703, by Senator Ortt, Senate Print 7758, an act
3841
1 to amend the Environmental Conservation Law.
2 ACTING PRESIDENT AKSHAR: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT AKSHAR: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT AKSHAR: Announce
10 the result.
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT AKSHAR: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1704, substituted earlier by Member of the
16 Assembly Quart, Assembly Print 10121, an act to
17 amend Chapter 538 of the Laws of 2013.
18 ACTING PRESIDENT AKSHAR: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT AKSHAR: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT AKSHAR: Announce
3842
1 the result.
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT AKSHAR: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1705, substituted earlier by Member of the
7 Assembly Simotas, Assembly Print 10357, an act to
8 amend the Civil Practice Law and Rules.
9 ACTING PRESIDENT AKSHAR: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT AKSHAR: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AKSHAR: Announce
17 the result.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT AKSHAR: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1706, by Senator Gallivan, Senate Print 7853A, an
23 act to amend the Public Health Law.
24 ACTING PRESIDENT AKSHAR: Read the
25 last section.
3843
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT AKSHAR: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT AKSHAR: Announce
7 the results.
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT AKSHAR: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1707, by Senator Amedore, Senate Print 7860, an
13 act to amend the Public Health Law.
14 ACTING PRESIDENT AKSHAR: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT AKSHAR: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT AKSHAR: Announce
22 the result.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT AKSHAR: The bill
25 is passed.
3844
1 THE SECRETARY: Calendar Number
2 1708, by Senator Murphy, Senate Print 7891, an
3 act to direct.
4 ACTING PRESIDENT AKSHAR: Read the
5 last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT AKSHAR: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT AKSHAR: Announce
12 the result.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT AKSHAR: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1709, by Senator Little, Senate Print 7903A, an
18 act to amend the Private Housing Finance Law.
19 ACTING PRESIDENT AKSHAR: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the 180th day.
23 ACTING PRESIDENT AKSHAR: Call the
24 roll.
25 (The Secretary called the roll.)
3845
1 ACTING PRESIDENT AKSHAR: Announce
2 the result.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT AKSHAR: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1710, by Senator Hannon, Senate Print 7945, an
8 act to amend the Public Health Law.
9 ACTING PRESIDENT AKSHAR: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT AKSHAR: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT AKSHAR: Announce
17 the result.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT AKSHAR: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1711, substituted earlier by Member of the
23 Assembly Galef, Assembly Print 6959A, an act to
24 amend the Public Officers Law.
25 ACTING PRESIDENT AKSHAR: Read the
3846
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT AKSHAR: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60. Nays, 1.
8 Senator Latimer recorded in the negative.
9 ACTING PRESIDENT AKSHAR: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1712, substituted earlier by Member of the
13 Assembly Otis, Assembly Print 10351A, an act to
14 amend the General Municipal Law.
15 ACTING PRESIDENT AKSHAR: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of November.
19 ACTING PRESIDENT AKSHAR: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT AKSHAR: Announce
23 the result.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT AKSHAR: The bill
3847
1 is passed.
2 THE SECRETARY: Calendar Number
3 1713, by Senator Lanza, Senate Print 8004, an act
4 to amend the General Municipal Law.
5 ACTING PRESIDENT AKSHAR: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT AKSHAR: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT AKSHAR: Senator
13 Krueger to explain her vote.
14 SENATOR KRUEGER: Thank you,
15 Mr. President.
16 Well, this is a new bill this year,
17 a one-house bill. I don't believe it went
18 through any committee other than Rules.
19 And to be honest, I don't know
20 whether there's a reasonable argument for this
21 bill or not. It would change the way New York
22 City collects its property tax. It would
23 apparently take a significant amount of untaxable
24 property off the rolls in a certain way,
25 resulting in either the City of New York having
3848
1 to reduce the amount of property tax it collects,
2 or require them to increase property taxes
3 somewhere else for somebody because they could no
4 longer use what they now call the reserve amount
5 as a calculation in their assessments and
6 collection.
7 It's the kind of bill that actually
8 should be looked at very carefully. It's the
9 kind of bill perhaps we should even have public
10 hearings on in relationship to the overall system
11 of New York City property taxes.
12 For the record, this house has any
13 number of times since I have been here urged the
14 City of New York to reevaluate their entire
15 property tax system, modernize it, ensure
16 fairness and equity to everyone who lives in the
17 City of New York and pays their property taxes.
18 If I understood this bill better, if
19 I understood who were the winners and who were
20 the losers if this became law, I might be
21 convinced it was a good idea. What I know is not
22 a good idea is to pass a bill that no one in this
23 house actually understands the impacts of today.
24 It impacts the one system of taxation the City of
25 New York controls for itself.
3849
1 The City of New York doesn't even
2 have a memo pro or con, perhaps because no one
3 even realized this bill existed and was going to
4 come for a vote today. I don't know.
5 I think "I don't know" is the
6 correct sentence for this bill. And in the
7 absence of knowing, I'm voting no.
8 Thank you, Mr. President.
9 ACTING PRESIDENT AKSHAR: Senator
10 Krueger to be recorded in the negative.
11 Announce the result.
12 THE SECRETARY: Ayes, 59. Nays, 2.
13 Senators Krueger and Squadron recorded in the
14 negative.
15 ACTING PRESIDENT AKSHAR: The bill
16 is passed.
17 THE SECRETARY: Excuse me. In
18 relation to Calendar 1713: Ayes, 58. Nays, 3.
19 Senators Hoylman, Krueger and Squadron recorded
20 in the negative.
21 ACTING PRESIDENT AKSHAR: The bill
22 is still passed.
23 THE SECRETARY: Calendar Number
24 1714, by Senator Amedore, Senate Print 8070, an
25 act to amend the Civil Service Law.
3850
1 ACTING PRESIDENT AKSHAR: Read the
2 last section.
3 THE SECRETARY: Section 20. This
4 act shall take effect immediately.
5 ACTING PRESIDENT AKSHAR: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT AKSHAR: Announce
9 the result.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT AKSHAR: The bill
12 is passed.
13 Senator DeFrancisco, that completes
14 the noncontroversial reading of Supplemental
15 Calendar 53A.
16 SENATOR DeFRANCISCO: I would like
17 to now call an immediate Republican conference in
18 Room 332. And stand at ease in the meantime.
19 We will be at ease momentarily, and
20 thank you.
21 ACTING PRESIDENT AKSHAR: There
22 will be an immediate meeting of the Republican
23 Conference in Room 332.
24 The Senate will stand at ease.
25 (Whereupon, the Senate stood at ease
3851
1 at 4:15 p.m.)
2 (Whereupon, the Senate reconvened at
3 5:55 p.m.)
4 ACTING PRESIDENT AKSHAR: The
5 Senate will come to order.
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: Yes, can we
8 now return to the controversial calendar. And
9 I'm asking if you would please call up Calendar
10 Number -- one second.
11 We are going to take up Calendar
12 Number 913, please.
13 ACTING PRESIDENT AKSHAR: The
14 Secretary will ring the bell.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 913, by Senator Lanza, Senate Print 4505, an act
18 to prohibit the expenditure.
19 ACTING PRESIDENT AKSHAR: Senator
20 Squadron.
21 SENATOR SQUADRON: Thank you.
22 If the sponsor would yield for a
23 question.
24 ACTING PRESIDENT AKSHAR: Does the
25 sponsor yield to a question?
3852
1 SENATOR LANZA: Yes, Mr. President.
2 ACTING PRESIDENT AKSHAR: The
3 sponsor yields.
4 SENATOR SQUADRON: Thank you.
5 I was wondering if the sponsor would
6 tell me whether this bill, Senate Print 4505, is
7 the same bill that we have debated in prior
8 years.
9 SENATOR LANZA: Why yes,
10 Mr. President, it is.
11 SENATOR SQUADRON: Thank you. On
12 the bill, Mr. President.
13 (Laughter.)
14 ACTING PRESIDENT AKSHAR: On the
15 bill.
16 SENATOR SQUADRON: Thank you.
17 ACTING PRESIDENT AKSHAR: Senator
18 Squadron on the bill.
19 SENATOR SQUADRON: Thank you. I
20 thank the sponsor for his accurate and
21 illuminating response to my incisive question.
22 This is, as the sponsor says, the
23 same bill that we've debated in prior years.
24 It's a bill that has big ambition relative to
25 national and international affairs that I'll
3853
1 speak about in a moment, but has a very local
2 impact.
3 We all represent districts made up
4 of constituents and neighborhoods, communities.
5 My district happens to include the courthouse for
6 the -- the Southern District of the State of New
7 York and the Eastern District of the State of New
8 York federal courthouses. They would be
9 significantly impacted by this bill.
10 I understand that when it comes to
11 issues of Guantanamo Bay and enemy combatants and
12 how we defend ourselves against the true risks of
13 terrorism, the political winds blow strongly.
14 However, to all of my colleagues, I urge you to
15 remember that those issues are critical but our
16 primary responsibility are to our very own
17 districts, to the neighborhoods and communities
18 that we represent.
19 This bill, were it to move forward
20 and become law, would prevent local law
21 enforcement from protecting my constituents, my
22 communities, in the event that folks who were
23 defined as enemy combatants were tried in those
24 courthouses. That, whatever our broader goals,
25 whatever our broader concerns or levels of
3854
1 disagreement, is absolutely unacceptable.
2 My district shoulders more than its
3 fair share of the burden by hosting the Southern
4 District and Eastern District Courthouses and
5 many other critical federal and state
6 infrastructures. To burden my district with a
7 prohibition on protecting the citizens and the
8 businesses with local law enforcement and state
9 law enforcement is absolutely unacceptable, and I
10 know each one of my colleagues would say the same
11 about their own districts.
12 We must not allow broader political
13 issues or concerns to create a circumstance where
14 anyone's constituents, anyone's communities or
15 neighborhoods, have their hands tied when it
16 comes to protecting them, especially when you're
17 talking about the NYPD, the New York City Police
18 Department, which is the world's best when it
19 comes to preventing and fighting against risks of
20 terrorism. The idea that we would take parts of
21 my district, on both sides of the Brooklyn
22 Bridge, and prohibit them from getting that
23 support is something that I think we can all join
24 in supporting my communities against this bill.
25 I would also point out this is not
3855
1 an academic issue. On May 24th of this year, the
2 Southern District brought charges against Sajmir
3 Alimehmeti for providing material support to ISIL
4 or ISIS, including military knives and equipment.
5 Presumably Mr. Alimehmeti will be tried in the
6 Southern District Courthouse, just a few blocks
7 from residences and schools in my district --
8 and, were this bill law, potentially it could be
9 without the protection of NYPD for any of the
10 associated security needs, or the State Police.
11 You know, it's particularly
12 difficult to know when this would apply and when
13 it wouldn't, since the phrase "enemy combatant"
14 used in this bill was actually in 2009 done away
15 with by the Obama administration. It is no
16 longer a phrase or a definition that is used by
17 the federal government.
18 In prior years the sponsor and I
19 have discussed in detail how one would define who
20 an enemy combatant is or not, and I've been told
21 that it would be based on the federal definition.
22 Well, there is not an active federal definition
23 that's consistent with the one it was before
24 2009. And, while it still exists, for purposes
25 of the Geneva Convention, it changed in 2002 and
3856
1 again in 2009 and may change again in the future.
2 That sort of evolving federal
3 definition should not be something on which we
4 hinge the ability to protect local communities in
5 our district. In fact, the phrase "enemy
6 combatant" or "unlawful enemy combatant" was used
7 to justify things like stripping detainees of
8 their habeas corpus and other rights, which no
9 longer apply at the time they are being tried in
10 a civilian courtroom.
11 So does this bill apply to current
12 enemy combatants, prior enemy combatants, people
13 who some percentage of us in this room might
14 consider to be enemy combatants? It's not
15 defined in this bill. And that's an additional
16 problem.
17 If I were to go into another borough
18 or another county and say because of something
19 the federal government is doing, because of a
20 land use policy or something else, you don't
21 deserve the protection of local law enforcement,
22 it would be unacceptable. We don't do that to
23 each other's districts, and that is the impact of
24 what this bill would do.
25 I know that the district I represent
3857
1 is central in many of our minds. We suffered the
2 attacks of September 11th in a primary way. We
3 are full of some of the most extraordinary
4 landmarks in the country or the world, the Statue
5 of Liberty and Ellis Island, the Brooklyn Bridge,
6 the World Trade Center site and the extraordinary
7 memorial that has been built there to the tragedy
8 of September 11, 2001, New York Harbor -- it is a
9 district that rightfully all of us focus on, and
10 I appreciate the shared focus from my colleagues.
11 However, it does not change the fact
12 that at the end of the day I have about 300,000
13 constituents who are making their lives in these
14 neighborhoods, trying to get by, sending their
15 kids to school, playing in Little League on the
16 weekends, just like in every other district in
17 this state. And the idea that we should allow
18 local law enforcement to be hamstrung in
19 protecting them is unacceptable. I urge my
20 colleagues to join me in voting no.
21 Thank you, Mr. President.
22 ACTING PRESIDENT AKSHAR: Thank
23 you, Senator Squadron.
24 Senator Lanza.
25 SENATOR LANZA: Thank you,
3858
1 Mr. President. On the bill.
2 What this bill simply says is that
3 when a foreign enemy combatant wages war against
4 the United States of America, that this state,
5 the people of this state would not pay for a
6 civil criminal trial of that enemy combatant.
7 Now, I must say that if what Senator
8 Squadron is suggesting would happen is true, I
9 would completely agree with him. His district or
10 any district in this state should not be deprived
11 of public protection under any circumstances.
12 But the idea behind this bill is
13 this. It seeks to cause one of two results.
14 First, the hope which motivated me to author this
15 legislation is that if this were to become the
16 law in the State of New York, the federal
17 government would decide not to offer civil
18 criminal trials to foreign enemy combatants
19 waging war against the country and would, in the
20 alternative, try them where they ought to be
21 tried, which is in a military tribunal. The same
22 place, by the way, an American soldier would be
23 tried if an American soldier were to be accused
24 of any wrongdoing. And as I've said in the past
25 as we've discussed and debated this bill, if it's
3859
1 good enough for an American soldier, it's more
2 than good enough for a terrorist.
3 The second potential result in the
4 event that the federal government would still,
5 when faced by this law, persist in offering a
6 civil trial to an enemy combatant, is that the
7 people of the State of New York would not have
8 to pay for it.
9 So it is my belief that if this were
10 to become law, it is not a question -- through
11 you, Mr. President, Senator Squadron -- of
12 whether or not public protection will be offered,
13 it's a question of who will pay the bill. And I
14 believe, if this were to become the law, in the
15 event that a civil trial were offered, it would
16 be the federal government that would foot the
17 bill and not the people of the State of New York.
18 And of course really my primary motivation is to
19 not even get to that point. And I would rather
20 see that these enemy combatants are tried in a
21 military tribunal.
22 So that's the point of the law, and
23 I would encourage my colleagues to vote in favor
24 of this. I vote aye.
25 ACTING PRESIDENT AKSHAR: Senator
3860
1 Lanza, you will be recorded in the affirmative.
2 Senator Sanders.
3 SENATOR SANDERS: Thank you,
4 Mr. President.
5 I just wanted to point out a
6 technical point to you, my esteemed colleague.
7 ACTING PRESIDENT AKSHAR: Are you
8 on the bill, Senator Sanders?
9 SENATOR SANDERS: Yes, I am, on the
10 bill.
11 If we stop calling them "enemy
12 combatants" and you move them to a military
13 trial, you have elevated them to an equal
14 combatant as to the government. Right now these
15 people may not be government forces. In one
16 sense you would make ISIS an equal to the U.S.
17 By them doing a civil trial, it is
18 saying that they are not an equal to the U.S. and
19 they would be judged as terrorists. Civil puts
20 them in terrorist. A military trial is saying
21 that they are a combatant, an equal combatant to
22 the U.S. That would not be a wise move, sir.
23 Thank you very much, Mr. President.
24 ACTING PRESIDENT AKSHAR: Thank
25 you, Senator Sanders.
3861
1 Senator Squadron, you wish to be
2 heard?
3 SENATOR SQUADRON: Just a brief
4 addendum to agree with the sponsor of the bill.
5 If we could get the federal government to pay
6 more here, we should. In fact, in Lower
7 Manhattan we need more resources from the federal
8 government. So that is a point of significant
9 agreement, and I know the ultimate goal of the
10 sponsor here.
11 At the end of the day, we come down
12 on different sides of this bill. But I do want
13 to point out, to be very clear, the sponsor and I
14 agree the federal government should be doing more
15 to provide aid and support for the security needs
16 and resiliency needs and a whole lot of other in
17 Lower Manhattan and elsewhere in the city.
18 Thank you. I'm still a no.
19 ACTING PRESIDENT AKSHAR: Senator
20 Squadron to be recorded in the negative.
21 Are there any other members wishing
22 to be heard?
23 Seeing none, the debate is closed.
24 The Secretary will ring the bell.
25 Senator Marcellino.
3862
1 SENATOR MARCELLINO: Yes,
2 Mr. President. If possible -- and I'm sure it
3 is -- if we could lay this vote aside and we
4 could take up the controversial reading of Senate
5 6733, by Senator Funke.
6 We're going to come back to the vote
7 later, but we're going to debate, at this point
8 in time, Senate 6733.
9 ACTING PRESIDENT AKSHAR: Calendar
10 Number 913 will temporary be laid aside.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1566, by Senator Funke, Senate Print 6733, an act
14 to authorize.
15 ACTING PRESIDENT AKSHAR: Senator
16 Hoylman.
17 SENATOR HOYLMAN: Thank you,
18 Mr. President. Would the sponsor yield for some
19 questions?
20 ACTING PRESIDENT AKSHAR: Will the
21 sponsor yield?
22 SENATOR FUNKE: Yes, certainly.
23 ACTING PRESIDENT AKSHAR: The
24 sponsor yields.
25 SENATOR HOYLMAN: Thank you.
3863
1 Mr. President, could I receive an
2 explanation of the bill from the sponsor?
3 SENATOR FUNKE: Sure. This was a
4 bill that was put into statute by Senator Little
5 in 2015. It was a bill to create an award, but
6 it was a bill that was -- at the time we needed
7 to authorize that award to be given out.
8 And this bill is the Edward Hopper
9 Award that is given to an artist born in New York
10 State who has done the bulk of his work in
11 New York State. It's an award given by the
12 New York State Council on the Arts.
13 SENATOR HOYLMAN: Thank you.
14 Would the sponsor continue to yield?
15 ACTING PRESIDENT AKSHAR: Does the
16 sponsor continue to yield?
17 SENATOR FUNKE: Sure.
18 SENATOR HOYLMAN: As I understand
19 it, we passed this bill in 2015. What is
20 different in this version of the legislation?
21 SENATOR FUNKE: This just permits
22 the authorization of the money to be spent by the
23 New York State Council on the Arts and actually
24 distribute the $10,000 award if they see fit.
25 SENATOR HOYLMAN: Would the sponsor
3864
1 continue to yield?
2 ACTING PRESIDENT AKSHAR: Will the
3 sponsor continue to yield?
4 SENATOR FUNKE: Yes.
5 SENATOR HOYLMAN: The primary goal
6 of the legislation is certainly laudable, to
7 clarify that the New York State Council on the
8 Arts can award these certificates of merit, the
9 Edward Hopper Award. Edward Hopper was a painter
10 who actually lived in my Senate district.
11 But there's language in the bill
12 that is concerning. Can the sponsor explain why
13 these awards should be limited only to candidates
14 who were born in New York State?
15 SENATOR FUNKE: Through you,
16 Mr. President, the bill says "shall be
17 permissible." It does not require, first of all.
18 And second of all, it's specific to
19 this particular award. There can be other awards
20 that the Council on the Arts may see fit to
21 disseminate to other individuals who may not
22 necessarily have to be born in New York State.
23 There are any number of awards and scholarships
24 across our state and a lot of platforms that have
25 specific requirements attached to them, and
3865
1 parameters, and this is one that we felt was a
2 good one, since he was born here in New York
3 State -- since this is an award that bears his
4 name, since he did all of his work here in
5 New York State, since this is an award that's
6 going to be given in his name, Edward Hopper --
7 that that should go to somebody born in New York
8 State.
9 ACTING PRESIDENT AKSHAR: Senator
10 Hoylman.
11 SENATOR HOYLMAN: Would the sponsor
12 continue to yield?
13 ACTING PRESIDENT AKSHAR: Does the
14 sponsor continue to yield?
15 SENATOR FUNKE: Yes.
16 SENATOR HOYLMAN: So does the
17 sponsor agree that the bill does require that the
18 recipient be born in New York State?
19 SENATOR FUNKE: That's what the
20 bill says.
21 SENATOR HOYLMAN: Would the sponsor
22 continue to yield?
23 SENATOR FUNKE: Yes.
24 ACTING PRESIDENT AKSHAR: The
25 sponsor continues to yield.
3866
1 SENATOR HOYLMAN: Is the sponsor
2 aware of any other awards issued by New York
3 State that are limited only to people who were
4 born in the state?
5 SENATOR FUNKE: Issued by New York
6 State?
7 SENATOR HOYLMAN: Yes.
8 SENATOR FUNKE: I do not. There
9 are no other awards in statute that I know of
10 that require somebody to be born in New York
11 State. But there could be in the future, or
12 there may not be in the future.
13 But there are, as my point was,
14 there are any number of honorariums and
15 scholarships and so on across a wide range of
16 platforms that have specific requirements
17 attached to them in order to access those
18 dollars.
19 This is just one. And as I said, it
20 shall be permissible, it does not require the
21 State Council on the Arts to release that money
22 in that fashion.
23 ACTING PRESIDENT AKSHAR: Senator
24 Hoylman.
25 SENATOR HOYLMAN: Would the sponsor
3867
1 continue to yield?
2 SENATOR FUNKE: Yes.
3 ACTING PRESIDENT AKSHAR: The
4 sponsor continues to yield.
5 SENATOR HOYLMAN: So the sponsor
6 agrees that the award is, as I understand it,
7 limited only to New York State natives. So for
8 example, an artist who was born in Pennsylvania,
9 moved to New York City at age 21, he spent the
10 next four decades painting, taking photographs,
11 filmmaking, would he be eligible for this award?
12 SENATOR FUNKE: Not for this
13 specific award, he would not. He might be
14 eligible for some future award.
15 SENATOR HOYLMAN: Would the sponsor
16 continue to yield?
17 SENATOR FUNKE: Yes.
18 SENATOR HOYLMAN: So Andy Warhol
19 would not be eligible for this Edward Hopper
20 Award.
21 Under this bill -- would the sponsor
22 continue to yield?
23 ACTING PRESIDENT AKSHAR: Does the
24 sponsor yield?
25 SENATOR FUNKE: Yes.
3868
1 SENATOR HOYLMAN: So just to take
2 another example, a painter who was born in
3 Wyoming, moved to Long Island, spent the better
4 part of the rest of his life revolutionizing a
5 groundbreaking style of abstract expressionism
6 art, would he be eligible for the award?
7 SENATOR FUNKE: No.
8 ACTING PRESIDENT AKSHAR: Senator
9 Hoylman.
10 SENATOR HOYLMAN: Would the sponsor
11 continue to yield?
12 SENATOR FUNKE: Yes.
13 ACTING PRESIDENT AKSHAR: He
14 continues to yield.
15 SENATOR HOYLMAN: Jackson Pollock
16 would not be eligible for this award.
17 And would the sponsor continue to
18 yield?
19 ACTING PRESIDENT AKSHAR: Does the
20 sponsor yield?
21 SENATOR FUNKE: Yes. I'd like to
22 point out that the Edward Hopper Award, in Edward
23 Hopper's name, again goes to somebody who was
24 born in New York, like Edward Hopper, in Upper
25 Nyack, who did all of his work here in New York
3869
1 State. That's why it bears his name. That's why
2 the parameters are put on this particular award
3 the way they are.
4 We could have the Andy Warhol Award,
5 and the New York State Council on the Arts might
6 want to create that down the road.
7 ACTING PRESIDENT AKSHAR: Senator
8 Hoylman.
9 SENATOR HOYLMAN: Would the sponsor
10 continue to yield?
11 SENATOR FUNKE: Yes.
12 ACTING PRESIDENT AKSHAR: The
13 sponsor yields.
14 SENATOR HOYLMAN: And just another
15 question, let's say that this artist was born in
16 England, moved to the Catskills, embarked on an
17 artistic career that is inextricably linked to
18 New York State's Hudson River Valley. Would this
19 individual be eligible for the award?
20 SENATOR FUNKE: Not for the Edward
21 Hopper Award.
22 SENATOR HOYLMAN: Would the sponsor
23 continue to yield?
24 ACTING PRESIDENT AKSHAR: Does the
25 sponsor continue to yield?
3870
1 SENATOR FUNKE: Yes.
2 ACTING PRESIDENT AKSHAR: The
3 sponsor yields.
4 SENATOR HOYLMAN: So Thomas Cole,
5 the founder of the Hudson River Valley --
6 ACTING PRESIDENT AKSHAR: Can I
7 have some order in the house, please.
8 {Gaveling.} Thank you.
9 Senator Hoylman.
10 SENATOR HOYLMAN: Thomas Cole, the
11 founder of the Hudson River Valley School, would
12 not be eligible for this award.
13 On the bill, Mr. President.
14 ACTING PRESIDENT AKSHAR: Senator
15 Hoylman on the bill.
16 SENATOR HOYLMAN: Thank you.
17 My point is that we have in New York
18 State a number of world renowned artists -- Andy
19 Warhol, Jackson Pollock, Thomas Cole -- none of
20 whom happen to have been born in the State of
21 New York but are deeply intertwined and
22 recognized with the history and culture of
23 New York.
24 To suggest that we should have an
25 award that on its face excludes individuals
3871
1 simply because of their birth seems
2 self-limiting, shortsighted, and would not, in my
3 opinion, contribute to what is the worthy goal of
4 the Edward Hopper Award, which is to foster
5 creativity and encourage fine arts.
6 You know, Mr. President, New York is
7 the growth capital of culture. According to a
8 recent report, the number of jobs in New York
9 City alone from 2003 to 2013 in the creative
10 workforce went from 7.1 percent in the nation to
11 8.1 percent. We depend on culture and arts, not
12 just because we like to look at beautiful
13 paintings, but because it's an attraction to the
14 rest of the country and the world. We need to
15 continue to attract talent in New York State.
16 And by having great artists amongst us, that
17 helps that cause.
18 The other reason I think we should
19 oppose this is that we have quite a tradition in
20 New York of welcoming immigrants. And it's not
21 just non-native New Yorkers who have contributed
22 in the artistic world, but in every facet of our
23 economy and our lives. And I think, sir, that by
24 limiting this award to native New Yorkers, we
25 don't recognize that.
3872
1 There should be no "No non-native
2 New Yorkers need apply" rule here or in any award
3 that's given by the State of New York. It
4 baffles me that we would shut out so many
5 potential artists who could apply for the Edward
6 Hopper Award, and at the same time create a
7 disincentive for artists to move to New York. So
8 I'll be voting in the negative.
9 Thank you.
10 ACTING PRESIDENT AKSHAR: Senator
11 Hoylman to be recorded in the negative.
12 Are there any other members wishing
13 to be heard?
14 Seeing none, the debate is closed.
15 The Secretary will ring the bell.
16 Senator Marcellino, you wish to be
17 heard?
18 SENATOR MARCELLINO: Yes,
19 Mr. President. What I'd like to do is to take
20 the vote on this particular bill and lay it aside
21 temporarily.
22 And when Senator Bonacic comes in,
23 which he's on his way now, I'd like to take up
24 Senate 5302D for controversial debate.
25 ACTING PRESIDENT AKSHAR: So I
3873
1 understand you, Senator Marcellino, you wish to
2 lay this one aside temporarily as well?
3 SENATOR MARCELLINO: When we finish
4 the debate on Senator Bonacic's bill, we're going
5 to vote on all three bills in succession. One at
6 a time.
7 ACTING PRESIDENT AKSHAR: So we
8 will lay aside Calendar Number 1566 temporarily.
9 We'll take up the next bill as soon
10 as Senator Bonacic enters the room, which he has.
11 Senator Bonacic, welcome.
12 SENATOR BONACIC: Thank you,
13 Mr. President. Good to see you.
14 ACTING PRESIDENT AKSHAR: You as
15 well, sir.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1402, by Senator Bonacic, Senate Print 5302D, an
19 act to amend the Racing, Pari-Mutuel Wagering and
20 Breeding Law.
21 ACTING PRESIDENT AKSHAR: Senator
22 Krueger.
23 SENATOR KRUEGER: Thank you,
24 Mr. President.
25 If the sponsor would please yield
3874
1 for some questions.
2 ACTING PRESIDENT AKSHAR: Will the
3 sponsor yield?
4 SENATOR BONACIC: Yes,
5 Mr. President.
6 ACTING PRESIDENT AKSHAR: The
7 sponsor yields.
8 SENATOR KRUEGER: Can the sponsor
9 explain to me how this bill actually is
10 constitutional?
11 SENATOR BONACIC: Of course.
12 That's easy.
13 First of all, it is a game of skill.
14 And once we establish it as a game of skill, and
15 it's not gaming, therefore it's not gaming, not
16 gambling. And let me continue, if I may.
17 SENATOR KRUEGER: Through you,
18 Mr. President, if the --
19 SENATOR BONACIC: May I continue
20 the answer?
21 SENATOR KRUEGER: Oh. Oh, I'm so
22 sorry. Yes.
23 SENATOR BONACIC: Article 1,
24 Section 9, of the New York State Constitution
25 prohibits gambling except for the following. We
3875
1 know charitable gaming, we know the State
2 Lottery, we know horse racing and casinos.
3 However, the Constitution does not require a
4 constitutional amendment, as it provides
5 legislative findings that Texas Hold'em and Omaha
6 Hold'em are games of skill, not chance, and
7 therefore not gambling under the New York State
8 Constitution.
9 ACTING PRESIDENT AKSHAR: Senator
10 Krueger.
11 SENATOR KRUEGER: Through you,
12 Mr. President, if the sponsor would continue to
13 yield.
14 SENATOR BONACIC: Yes, of course.
15 ACTING PRESIDENT AKSHAR: The
16 sponsor yields.
17 SENATOR KRUEGER: Thank you.
18 Does the sponsor have an opinion on
19 the constitutionality of this from the State
20 Attorney General?
21 SENATOR BONACIC: No, we don't need
22 it. The answer is no, because in our opinion it
23 wasn't needed.
24 SENATOR KRUEGER: Through you,
25 Mr. President, if the sponsor would yield,
3876
1 please.
2 ACTING PRESIDENT AKSHAR: Senator
3 Bonacic?
4 SENATOR BONACIC: Yes.
5 ACTING PRESIDENT AKSHAR: The
6 sponsor yields.
7 SENATOR KRUEGER: A section of the
8 bill -- let's see, subdivision -- it's section 2,
9 page 7 in my printout, Section 2, Subdivision 1,
10 Section 22.5 of the Penal Law would be amended to
11 read as follows. It lists a contest of chance,
12 meaning any contest, game, gaming scheme or
13 gaming device in which the outcome depends in a
14 material degree upon an element of chance,
15 notwithstanding that skill of the contestants may
16 also be a factor.
17 So in the words "in a material
18 degree" are removed and the word "predominantly"
19 is added.
20 Does the sponsor have any concern
21 that changing Penal Law and the definition of
22 gaming will result in prosecutors not being able
23 to go after many other kinds of gaming or
24 gambling in this state that aren't recognized as
25 legal?
3877
1 We've had this in the law since
2 1905. So might the sponsor share my concern that
3 removing it from the law would actually open us
4 up to many other kinds of gaming activity
5 suddenly being interpreted as not illegal?
6 SENATOR BONACIC: No.
7 ACTING PRESIDENT AKSHAR: Senator
8 Krueger.
9 SENATOR KRUEGER: Through you,
10 Mr. President, if the sponsor would continue to
11 yield.
12 SENATOR BONACIC: I will, of
13 course.
14 ACTING PRESIDENT AKSHAR: The
15 sponsor yields.
16 SENATOR KRUEGER: Thank you.
17 On the bill, I don't agree with the
18 sponsor's analysis. I do think it opens us up to
19 new language where prosecutors may not be able to
20 go after backroom illegal gambling, other forms
21 of poker games, et cetera.
22 Now if the sponsor would continue to
23 yield.
24 SENATOR BONACIC: Yes.
25 ACTING PRESIDENT AKSHAR: The
3878
1 sponsor yields.
2 SENATOR KRUEGER: Thank you.
3 How many other states currently have
4 approved online poker?
5 SENATOR BONACIC: Three. Delaware,
6 New Jersey, and Nevada.
7 SENATOR KRUEGER: Through you,
8 Mr. President, if the sponsor will continue to
9 yield.
10 SENATOR BONACIC: Yes.
11 ACTING PRESIDENT AKSHAR: The
12 sponsor yields.
13 SENATOR KRUEGER: How did the
14 sponsor calculate that it should be 11 companies
15 and a $10 million license fee for each? What was
16 basis of that?
17 SENATOR BONACIC: What motivated
18 that was that the racinos and casinos all have
19 given us a letter of support for online gaming,
20 and that it would have to be at mortar-and-brick
21 operations.
22 So that's how we arrived at the 11
23 licenses. Each license, each operator that
24 wanted to have a platform for online gaming would
25 have to locate it at a racino and pay the
3879
1 $10 million for a 10-year period.
2 In addition, it's anticipated that
3 from online gaming -- and this is just
4 information we've gotten from Caesars and MGM
5 when they did it in Vegas, anywhere from
6 $33 million to $45 million the first year. And
7 that would be earmarked for education.
8 In addition, every racino would
9 take, as part of the platform, part of that
10 action. So they would be making money
11 themselves, and then there's a tax of 15 percent.
12 Now, what inspired us to do this, we
13 know that there are illegal online gaming
14 operations going on in the State of New York.
15 And by passing this legislation, we could then
16 regulate it, we can monitor it, we could put
17 consumer protections in, and we can raise money
18 for education. That was the motivation to do
19 this, and job creation. Because every one of
20 these platforms of online poker located at a
21 racino will result in more jobs in the State of
22 New York.
23 SENATOR KRUEGER: Through you,
24 Mr. President, if the sponsor would continue to
25 yield.
3880
1 SENATOR BONACIC: Yes, I will.
2 ACTING PRESIDENT AKSHAR: The
3 sponsor yields.
4 SENATOR KRUEGER: So I believe the
5 sponsor just answered that the only companies
6 that would be allowed to apply for the 11
7 licenses are the 11 casino/racino licensees in
8 the State of New York already. Did I understand?
9 SENATOR BONACIC: I think the short
10 answer is yes. But as a practical matter, what
11 happens -- like happened in New Jersey -- is that
12 let's say a Vegas company wants to get involved,
13 so they form a partnership with an existing in
14 this case racino, and then they be -- they would
15 have part of that enterprise.
16 SENATOR KRUEGER: Through you,
17 Mr. President, if the sponsor would continue to
18 yield.
19 SENATOR BONACIC: Yes.
20 ACTING PRESIDENT AKSHAR: The
21 sponsor yields.
22 SENATOR KRUEGER: So -- because I'm
23 afraid I've been confused. So who is applying
24 for the license, the casino or some partnership
25 they join with someone else who doesn't currently
3881
1 have a casino in New York?
2 SENATOR BONACIC: Well, first of
3 all, we know under this bill the racinos are the
4 prime applicant to apply for the license. Okay?
5 We don't know yet if other interests outside the
6 State of New York will come and want to partner
7 with the racino. But we are giving priority to a
8 New York gaming operation that now provides close
9 to $900 million a year for education.
10 SENATOR KRUEGER: Through you,
11 Mr. President, if the sponsor would continue to
12 yield.
13 SENATOR BONACIC: Yes.
14 ACTING PRESIDENT AKSHAR: The
15 sponsor yields.
16 SENATOR KRUEGER: So we would
17 license said casino, they might go into their own
18 separate business deal with someone else who
19 doesn't already have a license to do any kind of
20 gambling in New York State. Would the State of
21 New York have the right to say we think that's a
22 bad actor, we don't want you to go into business
23 with X company even though we've given you a
24 license to run online poker?
25 SENATOR BONACIC: The Gaming
3882
1 Commission would review all those applications,
2 and they would be the determining factor.
3 SENATOR KRUEGER: Through you,
4 Mr. President, if the sponsor would continue to
5 yield.
6 SENATOR BONACIC: Yes.
7 ACTING PRESIDENT AKSHAR: The
8 sponsor yields.
9 SENATOR KRUEGER: So in certain
10 other states there's been language within their
11 legislation about what they refer to as
12 no-bad-actor clauses in their statutes, so that
13 companies who have been found to be bad actors in
14 gambling could not do business in their state.
15 I can't find that clause in this
16 bill. Can the sponsor direct me to it?
17 SENATOR BONACIC: I don't think
18 you're giving enough credit to the Gaming
19 Commission. They will review the eligibility of
20 any outside applicant. They will look at deep
21 pockets. They will look at prior experience in
22 whatever else they've been involved in,
23 especially, you know, if there was a casino from
24 a Vegas interest.
25 And most of the interest, if it's
3883
1 going to come, is going to come from the
2 heavyweights from Vegas wanting to get involved
3 in the New York market.
4 SENATOR KRUEGER: Through you,
5 Mr. President, if the sponsor would continue to
6 yield.
7 SENATOR BONACIC: Yes.
8 ACTING PRESIDENT AKSHAR: The
9 sponsor yields.
10 SENATOR KRUEGER: So if I
11 understood the sponsor's previous answer to my
12 question, the state wouldn't have the authority
13 to say, No, Casino X, even though we have
14 licensed you to be one of the 11 online poker
15 companies in New York State, we wouldn't have the
16 authority to say "and you cannot go into business
17 with, for example, Amaya, a company which is
18 facing serious charges from the Quebec securities
19 regulators at this time.
20 Where in this bill does it ensure
21 that our State of New York could stop the 11
22 licensed casino poker holders from going into
23 business with bad actors?
24 SENATOR BONACIC: They would review
25 all the applications for a partnership agreement
3884
1 with any out-of-state or out-of-country concern,
2 for that matter, that wants to have an agreement
3 with an existing racino.
4 SENATOR KRUEGER: Through you,
5 Mr. President, if the sponsor will continue to
6 yield.
7 SENATOR BONACIC: Yes.
8 ACTING PRESIDENT AKSHAR: The
9 sponsor yields.
10 SENATOR KRUEGER: And they would
11 have the power to pull the license if they didn't
12 like the proposed partners?
13 SENATOR BONACIC: They would have
14 the power to say no, we're not going to allow you
15 to proceed with this partnership.
16 SENATOR KRUEGER: Through you,
17 Mr. President, if the sponsor would continue to
18 yield.
19 SENATOR BONACIC: Yes.
20 ACTING PRESIDENT AKSHAR: The
21 sponsor yields.
22 SENATOR KRUEGER: So technically
23 they're 10-year licenses with a cost of
24 $10 million, but we could pull that license at
25 any time for what basis?
3885
1 SENATOR BONACIC: I'm sorry, could
2 you please repeat that question, Senator Krueger?
3 SENATOR KRUEGER: As I read the
4 bill, there will be 11 companies who can get
5 10-year licenses that they're paying $10 million
6 to receive the license. Can we, the State of
7 New York, pull that license at any time for any
8 reason? And what are those reasons?
9 SENATOR BONACIC: You mean if
10 things ever went bad, can that be revocable
11 during the 10-year period? Is that your
12 question?
13 SENATOR KRUEGER: Yes.
14 SENATOR BONACIC: Okay. I'm
15 reading now, on page 5, item 6: Any person found
16 suitable by the commission may be issued a
17 license as an operator or significant vendor. In
18 determining suitability, the commission shall
19 consider factors it deems relevant in its
20 discretion. A person of good character -- you
21 know, when I say person, it could be company --
22 honesty, integrity. Prior activities. Criminal
23 records pose a threat to the public interest or
24 the effective regulation and control.
25 So in my opinion, they could at any
3886
1 time, if they feel, if they see these factors of
2 suitability going bad -- like you say, a bad
3 actor -- I say they have the power to step in and
4 make suggestions to correct the problem.
5 SENATOR KRUEGER: Through you,
6 Mr. President, if the sponsor --
7 SENATOR BONACIC: I'm going to take
8 a step further. I believe they'll have the power
9 to revoke it also. Because when you accept a
10 license, you say: I'm going to apply by the
11 rules of the Gaming Commission, and the
12 regulations. And if they violate those rules,
13 they're going to put their license in jeopardy.
14 SENATOR KRUEGER: Through you,
15 Mr. President, if the sponsor will continue to
16 yield.
17 SENATOR BONACIC: Yes.
18 ACTING PRESIDENT AKSHAR: The
19 sponsor yields.
20 SENATOR KRUEGER: Thank you.
21 So as I'm hearing the sponsor, he's
22 making the argument that the commission would
23 have the right to pull a license because the
24 section of the law he just read is the section of
25 the law the applicant is supposed to meet the
3887
1 standards of.
2 But as he just described in an
3 earlier answer to a question, that applicant may
4 go into future business deals with companies who
5 are not partners with them at the time that they
6 file for the license. So I might be -- name a
7 casino, a racino. I might be Tioga Downs, I
8 apply for a license. I don't have partners at
9 that time, but I later on can bring in partners
10 to the online poker business, and those partners
11 might not meet the standards of the state for
12 being good actors or, in the case of the
13 language, not bad actors.
14 So the sponsor continues to make the
15 presentation that after the licensing of the
16 company, the commission would still have the
17 authority to pull the license if they went into
18 business with other actors that you thought were
19 a problem.
20 SENATOR BONACIC: It's continuing
21 suitability. In other words, they always have to
22 comply with the standards and the regulations and
23 the consumer protections. And all of the items
24 that we list -- you know, the character, deep
25 pockets, no criminal record, et cetera,
3888
1 et cetera -- that's an ongoing review for any new
2 player during the 10-year term.
3 Just as a practical matter, I don't
4 see many outside interests coming in and
5 partnering, necessarily, with the racinos. I
6 think they're going to like that business
7 themselves and they're not going to need
8 partners.
9 SENATOR KRUEGER: Through you,
10 Mr. President, if the sponsor would continue to
11 yield.
12 SENATOR BONACIC: Yes.
13 ACTING PRESIDENT AKSHAR: The
14 sponsor yields.
15 SENATOR KRUEGER: Thank you.
16 So the sponsor, in describing the
17 scenario in several other states, talked about
18 the money going to education. Is the money from
19 the licensing or the state's share of the take
20 from the profits required to go to education in
21 this bill?
22 SENATOR BONACIC: The license fee
23 total of $110 million goes to the General Fund.
24 The proceeds, the 15 percent off the online
25 gaming, would go to education.
3889
1 SENATOR KRUEGER: Through you,
2 Mr. President, if the sponsor would continue to
3 yield.
4 ACTING PRESIDENT AKSHAR: Does the
5 sponsor yield?
6 SENATOR BONACIC: Let me take that
7 back. Let me retract that answer.
8 The money for the online gaming
9 would go in the General Fund, both the 15 percent
10 and the license fee. However, we, the state,
11 could tap that money for the purpose of education
12 if we're so inclined.
13 SENATOR KRUEGER: Through you,
14 Mr. President, if the sponsor would continue to
15 yield.
16 SENATOR BONACIC: Yes. Yes.
17 ACTING PRESIDENT AKSHAR: The
18 sponsor yields.
19 SENATOR KRUEGER: Thank you.
20 So the sponsor has answered my
21 question, the money does not go into education.
22 It's true, anytime there's money in the General
23 Fund, we might use some of it for education. But
24 there's no requirement that this be supplemental
25 money for education from this kind of gaming.
3890
1 SENATOR BONACIC: That's correct.
2 SENATOR KRUEGER: Through you,
3 Mr. President, if the sponsor would continue to
4 yield.
5 SENATOR BONACIC: Yes, I will.
6 ACTING PRESIDENT AKSHAR: The
7 sponsor yields.
8 SENATOR BONACIC: Yes.
9 SENATOR KRUEGER: Is there anything
10 in this bill that prevents Internet online poker
11 websites from using computer programs to
12 represent human players by computer -- i.e.,
13 poker bots -- which can be programmed for optimal
14 play and to increase the amount the human
15 players are actually betting? Is there anything
16 in the law that prevents that from taking place?
17 SENATOR BONACIC: The bill
18 prohibits the use of those bots.
19 SENATOR KRUEGER: Can you find me
20 the -- excuse me. Through you, Mr. President,
21 can you find me the section that prohibits poker
22 bots or computer-generated --
23 SENATOR BONACIC: Give me a second.
24 SENATOR KRUEGER: Sure.
25 SENATOR BONACIC: Page 6, line 18,
3891
1 D as in dense: Appropriate safeguards to ensure
2 to a reasonable degree of certainty that the
3 interactive gaming is fair and honest and that
4 appropriate measures are in place to deter,
5 detect and, to the extent reasonably possible, to
6 prevent cheating, including collusion and use of
7 cheating devices, including use of software
8 programs, sometimes referred to as bots, that
9 make bets or wagers according to algorithms.
10 SENATOR KRUEGER: Through you,
11 Mr. President, if the sponsor would continue to
12 yield.
13 SENATOR BONACIC: Yes.
14 ACTING PRESIDENT AKSHAR: The
15 sponsor yields.
16 SENATOR BONACIC: Yes.
17 SENATOR KRUEGER: How will we, the
18 State of New York, have access to the computer
19 systems of the companies doing business with the
20 licensees to make sure that that's not happening?
21 SENATOR BONACIC: The Gaming
22 Commission has to approve the platform that is
23 put forth to make sure that those kinds of
24 devices are not included in the platform in any
25 way.
3892
1 SENATOR KRUEGER: Through you,
2 Mr. President, if the sponsor would continue to
3 yield.
4 SENATOR BONACIC: Yes.
5 ACTING PRESIDENT AKSHAR: The
6 sponsor yields.
7 SENATOR KRUEGER: I appreciate the
8 sponsor's answers.
9 While it's always -- it's difficult
10 to monitor computerized businesses because they
11 don't have a nexus necessarily in the State of
12 New York, they are somewhere on servers in the
13 ether, in the cloud, you're going online. How
14 will the State of New York be able to
15 continuously access and regulate that these
16 aren't added to the system? Will it have to be
17 open-source software? Will it have to be open
18 source to the Gaming Commission regulators?
19 SENATOR BONACIC: First of all,
20 that's a good question.
21 SENATOR KRUEGER: Thank you.
22 SENATOR BONACIC: And I like the
23 depth of your question.
24 The Gaming Commission has to have
25 access to all the software. When we went to
3893
1 New Jersey and we met with the gaming regulators,
2 all the software had to be presented to them and
3 be approved by them before the platform could be
4 set up.
5 And you realize, with this online
6 poker, they now have the technology to identify
7 every person that's playing has to be in the
8 State of New York, has to be over 18 years of
9 age, and they know where they are located. So
10 that is all built in in the technology.
11 SENATOR KRUEGER: Through you,
12 Mr. President, if the sponsor will continue to
13 yield.
14 SENATOR BONACIC: Yes, I will.
15 ACTING PRESIDENT AKSHAR: The
16 sponsor yields.
17 SENATOR KRUEGER: So we just had
18 the discussion about bots being built in to
19 advantage the company over the players. There's
20 also a scenario, apparently -- because this has
21 been being done in other states and other
22 countries, and illegally right here in New York
23 State -- a model where the online gambler
24 believes that their opponents are all out there
25 individually working off the same system they
3894
1 are, but in fact there is collusion going on
2 where multiple online players are actually
3 physically together and colluding to win against
4 the person sitting in their home playing.
5 What in our law would prevent this
6 kind of human collusion versus the bot collusion?
7 SENATOR BONACIC: I think what we
8 found out in Jersey is that they examine betting
9 patterns. And they also have the address of
10 where these bets come from. And they become
11 pretty expert to detect, you know, the things
12 you're speaking about, to try to prevent that
13 collusion from happening.
14 SENATOR KRUEGER: Through you,
15 Mr. President, if the sponsor will continue to
16 yield.
17 SENATOR BONACIC: Yes.
18 ACTING PRESIDENT AKSHAR: The
19 sponsor continues to yield.
20 SENATOR KRUEGER: When the sponsor
21 says "address," does the sponsor mean IPS {sic}
22 address for the computer?
23 SENATOR BONACIC: Yes, I do. I do.
24 SENATOR KRUEGER: But in fact in
25 the example I just gave, it could be four people
3895
1 with their laptops sitting in one room colluding,
2 versus the other player somewhere believing they
3 had a fair shot at winning when in fact there was
4 collusion going on.
5 How could we track that? Because
6 the IPS for the --
7 SENATOR BONACIC: If you had four
8 people in the same room playing with the same
9 computer, it would still --
10 SENATOR KRUEGER: Four computers in
11 the same room. Four laptops sitting together.
12 Through you, Mr. President.
13 SENATOR BONACIC: As I understand
14 it, it would still be the IPS address.
15 SENATOR KRUEGER: Through you,
16 Mr. President, I think that would only be true if
17 they were all on the same wireless network, not
18 if they were -- my understanding is you can use
19 these games on a cellphone, a smartphone, an
20 iPad, a laptop computer. So --
21 ACTING PRESIDENT AKSHAR: Senator
22 Krueger, are you on the bill or are you asking a
23 question?
24 SENATOR KRUEGER: I'm asking a
25 question, through you, Mr. President.
3896
1 Since that's my understanding of how
2 it happens, I don't understand the sponsor's
3 answer that they would be able to track by
4 address.
5 ACTING PRESIDENT AKSHAR: Senator
6 Bonacic, can you clarify your answer?
7 SENATOR BONACIC: Yeah.
8 Senator Krueger, they're still going
9 to analyze the betting patterns.
10 You know, the thrust of many of your
11 questions seems to be that -- how do we get rid
12 of the cheats or those that want to beat the
13 system on online gaming. And what I'm suggesting
14 to you is that the gaming regulations are tight.
15 They monitor, they regulate. They do talk to
16 people in New Jersey to see -- so they can get up
17 to speed and do it efficiently if and when this
18 were to proceed.
19 But I believe it's a very
20 insignificant portion of online gaming that
21 you're concerned about, and it doesn't go to the
22 thrust of whether or not online gaming is
23 something that deserves merit or not.
24 And I don't mean to demean your path
25 of questioning. But, you know, I would probably
3897
1 have to have technology people come in here that
2 have worked with this stuff, more intelligent
3 than I, to try to answer your questions, maybe
4 with perhaps more clarity.
5 SENATOR KRUEGER: Through you,
6 Mr. President, if the sponsor will continue to
7 yield.
8 SENATOR BONACIC: Yes.
9 ACTING PRESIDENT AKSHAR: The
10 sponsor continues to yield.
11 SENATOR KRUEGER: Thank you.
12 I think the sponsor is getting at
13 some of the concerns I have with online gaming,
14 which is it's a whole new world of transference
15 of your money to someone out there. It's not
16 bricks and mortar. With a bricks-and-mortar
17 gambling arrangement, there are people walking
18 around, you can theoretically see what's going
19 on. While here, it's all on a computer or a
20 phone through the Internet.
21 And so there has been some research
22 raising questions about that with Internet access
23 to computer gambling, the opportunity for
24 fraudulent activity is enormous. And the ability
25 for someone who may be defrauded for getting
3898
1 resolution to the problem is extremely difficult.
2 So if the sponsor would continue to
3 yield.
4 SENATOR BONACIC: I would.
5 And there are 11 other states that
6 this is pending in.
7 ACTING PRESIDENT AKSHAR: The
8 sponsor continues to yield.
9 SENATOR KRUEGER: Under this law,
10 if I chose to participate in online poker and at
11 some later date it was discovered that in fact
12 that company, whoever it was, or their subsidiary
13 or their contracted, I don't know, online
14 whomever, had in fact been defrauding players,
15 would the state make good to the players who were
16 defrauded? Could the state make the companies
17 make good to the defrauded players for their loss
18 of bets?
19 SENATOR BONACIC: Senator Krueger,
20 there was incidents back in 2011 where this
21 actually happened, where in Internet poker they
22 tapped the money, the bets, and took it away.
23 And the U.S. Attorney General moved in and
24 created a settlement of about $750 million and
25 returned the money.
3899
1 As we go forward with this online
2 gaming, the money has to be segregated and
3 escrowed in an escrow account. It cannot be
4 commingled with any other operating expenses of
5 the vendor. Like an attorney escrow account,
6 this would be like a vendor's escrow account,
7 which would be monitored to ensure that that
8 happens.
9 That's one of the consumer
10 protections of this legislation that may not
11 exist with the illegal online stuff going on.
12 SENATOR KRUEGER: Through you,
13 Mr. President, if the sponsor would continue to
14 yield.
15 SENATOR BONACIC: Yes.
16 ACTING PRESIDENT AKSHAR: The
17 sponsor continues to yield.
18 SENATOR KRUEGER: A common pattern
19 to draw people into playing online poker and
20 other online gaming activities is to offer
21 free-to-play versions of the game, which of
22 course then get people comfortable playing before
23 they start the real betting, can get young people
24 not legally eligible to play involved in the
25 gaming.
3900
1 Is there anything in this bill that
2 would prevent these licensees from offering
3 free-to-play versions?
4 SENATOR BONACIC: Okay. First of
5 all, you have to be 21 in order to play online
6 gaming. You have to verify with the applicant
7 that -- they do a background check, they have to
8 prove that they are 21. And so anyone under 21,
9 you know, will not have access to play this game.
10 Unless they have an adult in the room and
11 they're, you know, telling the adult to bet for
12 me. But as a practical matter, anyone under 21
13 cannot play.
14 And free play is probably something
15 they do now with racinos, and they will in
16 casinos, and they probably will do in online
17 poker, to get people interested in playing online
18 poker, as you would to come to a racino or a
19 casino.
20 SENATOR KRUEGER: Through you,
21 Mr. President, if the sponsor would continue to
22 yield.
23 SENATOR BONACIC: Yes.
24 ACTING PRESIDENT AKSHAR: The
25 sponsor continues to yield.
3901
1 SENATOR KRUEGER: I am over 21, I
2 open up the account. How does anyone know
3 whether I have given access to someone under 21
4 to use my account to play?
5 SENATOR BONACIC: Well, the
6 question is when I want to set up an account, I
7 have to prove I'm over 21. Okay? When they want
8 to set up an escrow account to bet, so they place
9 money with the vendor in an escrow account. And
10 that's what they play off. All right?
11 Your question is how do you prevent
12 an applicant who's over 21 from letting someone
13 under 21 play? Would that be the same question
14 as if you're allowed to use marijuana in
15 Colorado, why wouldn't I let my children use it?
16 I mean, there's some things that's
17 commonsense and practical. Maybe that may go on
18 in an extremely isolated case. But I don't see a
19 father or a mother trying to get their kids
20 involved in online gaming. Maybe fantasy sports,
21 but not online gaming.
22 (Laughter.)
23 SENATOR KRUEGER: We can save that
24 debate till whenever you like.
25 Through you, Mr. President, if the
3902
1 sponsor would continue to yield.
2 SENATOR BONACIC: Yes, of course.
3 ACTING PRESIDENT AKSHAR: The
4 sponsor continues to yield.
5 SENATOR KRUEGER: So the sponsor
6 assumed a parent was doing this for their child.
7 Not so likely. The scenarios of teenagers
8 getting 21-year-olds to buy them liquor,
9 cigarettes, perhaps in certain states marijuana,
10 is usually not the story of getting a parent to
11 do it.
12 But if I am a teenager who wants or
13 has already developed an addiction for this game,
14 I find some adult -- probably not the most
15 responsible adult, probably not a parent -- to
16 open an account, and I'm putting the money in.
17 How will we ever know that and be able to stop
18 that?
19 If I'm under 21 and I walk into a
20 casino, somebody's going to, I assume, ID me and
21 say it's not a legitimate ID and not allow me to
22 play. But I don't think there's a parallel
23 safety valve in online gaming.
24 SENATOR BONACIC: First of all, if
25 you get someone under 21 that wants to play this
3903
1 game, normally the adult is putting up the money.
2 Normally. So I would think an adult who's
3 putting up the money may not want to allow
4 someone under 21 to play.
5 But assuming it's the one under 21
6 that's putting up the money, okay, when they
7 apply, that person that's 21, they check their
8 bank accounts, their credit line. And again,
9 they look at betting patterns. So if money is
10 being bet by an adult but it's really someone
11 under 21, and they see no change in patterns from
12 a bank account, from a credit line -- again,
13 they're going to look at betting patterns and be
14 able to investigate and target that adult, sooner
15 or later.
16 SENATOR KRUEGER: Through you,
17 Mr. President, if the sponsor would continue to
18 yield.
19 SENATOR BONACIC: Yes, I will.
20 ACTING PRESIDENT AKSHAR: The
21 sponsor continues to yield.
22 SENATOR KRUEGER: So they research
23 you before you open an account. What does the
24 law say about when they're supposed to cut you
25 off?
3904
1 In casinos we have triggers for
2 problem gambling and actually the ability to cut
3 someone off. What would be the sections of our
4 law here tonight that would limit people from
5 overspending their line of credit, for drawing
6 down on credit cards to pay off the continuing
7 debt they are building up from the online poker,
8 even though it's not gambling?
9 SENATOR BONACIC: Page 6, line 24,
10 E, as in easy: Appropriate safeguards to
11 minimize compulsive gaming and to provide notice
12 to participants of resources to help problem
13 gamblers.
14 SENATOR KRUEGER: Through you,
15 Mr. President, if the sponsor would continue to
16 yield.
17 SENATOR BONACIC: I will.
18 ACTING PRESIDENT AKSHAR: The
19 sponsor continues to yield.
20 SENATOR KRUEGER: So we're not
21 setting up those standards, we're just saying
22 they should exist somewhere.
23 SENATOR BONACIC: Again, the Gaming
24 Commission does this.
25 SENATOR KRUEGER: Through you,
3905
1 Mr. President, if the sponsor will continue to
2 yield.
3 SENATOR BONACIC: Yes.
4 ACTING PRESIDENT AKSHAR: The
5 sponsor continues to yield.
6 SENATOR KRUEGER: So in the other
7 states where the sponsor I think took field
8 trips, what standards did they use?
9 SENATOR BONACIC: You mean what do
10 they have now over there in Jersey?
11 SENATOR KRUEGER: Sure.
12 SENATOR BONACIC: Because that's
13 the place that we went.
14 SENATOR KRUEGER: That's the base
15 place you visited.
16 SENATOR BONACIC: Well, I think you
17 come in -- this is my recollection now -- you
18 sign a personal information card where you talk
19 of your age, you talk of your credit line, you
20 talk of your bank accounts, you give your
21 address, and you give money which will go in an
22 escrow account. And then you can only play in
23 New Jersey. And when you place a bet, they know
24 where you are and they watch your patterns.
25 SENATOR KRUEGER: Through you,
3906
1 Mr. President, if the sponsor will continue to
2 yield.
3 SENATOR BONACIC: Yes.
4 ACTING PRESIDENT AKSHAR: The
5 sponsor continues to yield.
6 SENATOR KRUEGER: Thank you.
7 SENATOR BONACIC: Oh, by the way,
8 one other thing I may add.
9 Sometimes someone will say, "You
10 know what, I can't handle my gambling, I don't
11 want you to let me play anymore." And then no
12 matter where they go, they're cut off from
13 placing a bet. On online gaming, that is.
14 SENATOR KRUEGER: Through you.
15 Mr. President, if the sponsor would continue to
16 yield.
17 SENATOR BONACIC: Yes.
18 ACTING PRESIDENT AKSHAR: The
19 sponsor continues to yield.
20 SENATOR KRUEGER: Thank you.
21 So as he just explained, you have an
22 escrow account and you draw down from that.
23 Under this law, would I be allowed to refill the
24 escrow account just through a credit card line of
25 credit as opposed to documenting I actually had
3907
1 money in the bank to pay for my continuing
2 gambling losses, assuming I was going to keep
3 losing?
4 SENATOR BONACIC: I don't know the
5 answer to that question. But I do know that the
6 money must be deposited, and we know it's cleared
7 before they can continue online betting. Because
8 it's not like you can do an overdraft on what's
9 in the escrow account. Once that money runs out,
10 you run out playing online poker.
11 SENATOR KRUEGER: Through you,
12 Mr. President, if the sponsor will continue to
13 yield.
14 SENATOR BONACIC: Yes.
15 ACTING PRESIDENT AKSHAR: The
16 sponsor continues to yield.
17 SENATOR KRUEGER: Thank you.
18 My understanding is that Senator
19 Lindsay Graham carries a federal bill nicknamed
20 RAWA, R-A-W-A, Restoration of Americans Wire Act,
21 and that if this bill passes, New York State and
22 the other states would not actually have the
23 authority to have online gambling.
24 Would New York have to pay back all
25 the license fees in that situation?
3908
1 SENATOR BONACIC: Why -- what are
2 you assuming that triggers a repayment of the
3 license fees? That it's a violation of the Wire
4 Act, is that your question?
5 SENATOR KRUEGER: That it would be
6 federal preemption, we could no longer have
7 online gaming. So would we have to pay back the
8 license fees?
9 SENATOR BONACIC: Are you talking
10 as we go forward? Or something that's
11 interpreted that existed in 1961, the Wire Act,
12 and that the state has violated it? I'm not
13 clear what's your question.
14 SENATOR KRUEGER: Not going --
15 through you, Mr. President.
16 ACTING PRESIDENT AKSHAR: Senators,
17 through the chair. Thank you.
18 SENATOR KRUEGER: I was not going
19 back in time, I was going forward.
20 If the federal government does pass
21 their RAWA act, a new federal law, would it not
22 supersede our ability to have online gambling and
23 hence the licenses would no longer be good, and
24 hence would we have to pay back the people who
25 gave us the licensing fees?
3909
1 ACTING PRESIDENT AKSHAR: Senator
2 Bonacic.
3 SENATOR BONACIC: First of all, if
4 the federal government, as it went forward,
5 prohibited this, we would have to terminate all
6 online gaming. And any money in the escrow
7 accounts of the bettors would have to be
8 returned.
9 Your question is as to the license
10 fees?
11 SENATOR KRUEGER: Would we have to
12 give the license fees back?
13 SENATOR BONACIC: Now, I don't know
14 the exact answer to that question. But I would
15 suggest that it would be apportioned. If they
16 had, you know, five years of online gaming and
17 then it was preempted by the federal government
18 saying you couldn't do it anymore, I would think
19 what's fair, you have to return, you know,
20 five-tenths of the money back.
21 I'm just being practical now, and I
22 don't know -- you know, we never faced that
23 situation, nor any other state has faced it. But
24 you asked a hypothetical question, I gave you a
25 hypothetical answer.
3910
1 SENATOR KRUEGER: Through you,
2 Mr. President, on the bill.
3 ACTING PRESIDENT AKSHAR: Senator
4 Krueger on the bill.
5 SENATOR KRUEGER: I want to thank
6 the sponsor for his answers.
7 I just keep standing up on the floor
8 of the Senate and saying I don't think I'm
9 opposed to all these gambling bills, I just can't
10 find one I like. And tonight is no different.
11 Tonight, despite the difference of
12 opinion about whether online poker is gambling --
13 you're betting money, you're taking a chance with
14 your betting of money, it's a game called poker
15 that many of us have known, perhaps known how to
16 play, perhaps have played throughout generations.
17 It's gambling.
18 Now, we've legalized many other
19 forms of gambling. The concern I have unique to
20 the online gambling that we're having discussions
21 about tonight and perhaps in the near future
22 around fantasy sports -- also, for the record,
23 gambling -- is that they're disproportionately
24 more addictive types of gambling.
25 When you go to a casino, you
3911
1 actually have to go there. If you're there for
2 more than a couple of days, there's a good
3 chance somebody's going to go: Where the hell
4 did Liz go, what's going on, maybe we should
5 check on her.
6 With online gambling, it can be your
7 smartphone in your pocket, it can be your laptop
8 computer. Your credit card information is
9 already downloaded. You have an escrow account
10 that you can easily refill. And so it makes the
11 ability to place the bet so much easier, and it
12 makes it a 24-hour, seven-day-a-week, wherever-
13 you-are-at-that-moment-in-time-in-the-State-
14 of-New-York opportunity. And so for me, and in
15 some of the research I have started to do, it
16 shows that it is in fact a much more addictive
17 kind of gambling.
18 Now, that is probably why major
19 companies involved with gambling are very excited
20 about the opportunity to increase online
21 gambling, because they know they will make an
22 enormous amount of money on it.
23 We, the state, might make some money
24 on it, although unfortunately in this bill it's
25 not money that's going to be dedicated to
3912
1 education or increase funding for education,
2 because if it goes into the General Fund it's
3 likely to just be a replacement for General Fund
4 monies we would spend on education.
5 So I am very worried. It's more
6 addictive. The research is starting to show that
7 it's actually much more addictive than other
8 kinds of gambling we have already legalized. It
9 makes the likelihood of impulse betting and
10 chasing losses much greater compared to locations
11 where you have to physically get money from a
12 bank machine and then go place it on a table or,
13 I guess in our casinos, buy the debit card to put
14 in the slot machine. It makes access to gambling
15 just one click away to your online bank account
16 and then your online poker account.
17 It is true that there are some
18 states legalizing this. There are many states
19 not, and many countries not. And
20 disproportionately they are concerned about the
21 regulation and the difficulties of actually
22 tracking what goes on once you open the door to
23 online poker.
24 It is also true that this industry
25 and the fantasy sports industry, if and when we
3913
1 get to that debate, are specifically targeting
2 young male adults, teaching them how they love
3 this, they need to play this, they need to play
4 it over and over again -- more variations, more
5 pressing of the button to give that money over so
6 that they can make the bet or the not-bet, if we
7 don't recognize its gambling. But it's gambling.
8 It's real money out there. I
9 actually fear, Mr. President, we're starting to
10 turn our country into the next generation of what
11 I call zombies. They stay up all night already
12 playing these interactive, often violent games on
13 their computers. It's just the next step to
14 betting money on the outcomes of the activities
15 they've already grown so addicted to.
16 We don't talk to each other anymore.
17 We apparently don't even need to go anyplace, we
18 can just sit with our devices and become junkies
19 on our computer devices, living zombies gambling
20 away an enormous amount of our disposable income.
21 I wish I was wrong, but I am quite
22 sure that this is going to prove to do great harm
23 to our society. And it's bigger than New York,
24 and it's bigger than this online poker bill.
25 The irony is we talk all the time
3914
1 about wanting to improve development activities
2 in the State of New York, we want to build more
3 jobs, we want to ensure people have living wages,
4 we want to increase the activity in our
5 communities, whether they're small towns or big
6 cities.
7 The thing about online gaming, it
8 doesn't create jobs. It just takes all your
9 disposable income and moves it to that little
10 device and the house. Which means you don't have
11 your disposable income to go out to your
12 neighborhood restaurant or your neighborhood
13 store or to take your kids on a trip or any of
14 the other things that we think are good things
15 for our society and good things for our economy.
16 So I think we make a grave mistake
17 in New York, far graver than the mistakes we've
18 made so far in gambling, if we open our doors to
19 online gaming. Whether you call it gambling or
20 not, it's gambling. And this kind of gambling is
21 exceptionally dangerous.
22 I would urge all my colleagues to
23 think hard and then vote no on this bill.
24 Thank you, Mr. President.
25 SENATOR DeFRANCISCO: Last section.
3915
1 SENATOR BONACIC: On the bill.
2 ACTING PRESIDENT AKSHAR: Senator
3 Bonacic.
4 SENATOR BONACIC: First of all,
5 Senator Krueger does not like gaming, does not
6 like maybe playing poker, whether it's Texas
7 Hold'em or Omaha poker. But what has happened in
8 the last few years, they have the Poker World
9 Series, and you watch it on television. And it's
10 intimidating for the way some of the people look
11 around that table -- some have sunglasses on,
12 some have a hood on -- but you like to watch the
13 game.
14 And they did research that over,
15 say, a million hands of poker, 75 percent of
16 those people that had the best hands folded, as a
17 testament to a game of skill.
18 It's true, the young people like
19 their smartphones, they like their iPads, they
20 like the Internet and they like the computer.
21 And they enjoy playing poker. They do. Some
22 people do.
23 But I tend to disagree with you, I
24 think the slot machines at a racino or a casino
25 are much more addictive than playing poker.
3916
1 But let's get back to online poker.
2 What this environment does, for people that want
3 to try it and are intimidated to go into a casino
4 or a racino -- and by the way, they're lucky if
5 10 percent of the people that play online poker
6 go to the casino for the live action. They
7 dabble with it in their house. You can play a
8 game of poker for pennies. It's a recreational
9 activity that a lot of people like.
10 So I say if that's true and people
11 make choices on how they want to spend their
12 money, we should give them the opportunity to
13 play online poker and control the abuses that go
14 on. We can regulate it, monitor it, consumer
15 protections, and basically weed out all the bad
16 actors that are playing -- or offering online
17 poker now in the State of New York.
18 That's what this legislation does.
19 And as practical matter, it's tied to our
20 racinos, who do tremendous work themselves for
21 education. It does increase jobs, and it allows
22 our racinos to make some more money. And that's
23 all home-based businesses.
24 So, you know, whether you like poker
25 or not, I think people are going to play it one
3917
1 way or the other, and we might as well control
2 it.
3 For that reason, Mr. President, I
4 vote yes.
5 ACTING PRESIDENT AKSHAR: Senator
6 Bonacic to be recorded in the affirmative.
7 Are there any other members wishing
8 to be heard?
9 Seeing none, the debate is closed.
10 The Secretary will ring the bell.
11 Can I have some order in the house,
12 please {gaveling}.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: Yes, we're --
15 let me just give you a message.
16 Mr. President, would you call the
17 roll on this?
18 Before we do, though, I don't know
19 if it's been mentioned yet, but today is Senator
20 Bonacic's birthday.
21 (Cheers; applause.)
22 SENATOR DeFRANCISCO: And his
23 birthday present was the Senator Krueger debate.
24 (Laughter.)
25 SENATOR DeFRANCISCO: So he'll
3918
1 remember this forever.
2 ACTING PRESIDENT AKSHAR: Happy
3 birthday, Senator Bonacic.
4 SENATOR DeFRANCISCO: Could you
5 call the roll, please.
6 ACTING PRESIDENT AKSHAR: Read the
7 last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect on the 180th day.
10 SENATOR GIANARIS: Mr. President,
11 point of order. Can you please read the calendar
12 number? I know we're doing three successive
13 votes, so just so everyone knows what we're
14 doing.
15 ACTING PRESIDENT AKSHAR: 1403.
16 THE SECRETARY: Two.
17 ACTING PRESIDENT AKSHAR: Excuse
18 me, 1402.
19 Call the roll.
20 (The Secretary called the roll.)
21 SENATOR DeFRANCISCO: Go ahead.
22 ACTING PRESIDENT AKSHAR: Okay,
23 just so everybody is clear, we're on Calendar
24 Number 1402.
25 Call the roll.
3919
1 (The Secretary called the roll.)
2 ACTING PRESIDENT AKSHAR: Announce
3 the result.
4 THE SECRETARY: In relation to
5 Calendar 1402, those recorded in the negative are
6 Senators Hoylman, Krueger, Lanza, LaValle and
7 Marcellino.
8 Absent from voting: Senators
9 Espaillat, Martins and Sanders.
10 Ayes, 53. Nays, 5.
11 ACTING PRESIDENT AKSHAR: The bill
12 is passed.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: If we can now
15 go to Calendar 913, for the purposes of taking a
16 vote.
17 ACTING PRESIDENT AKSHAR: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 913, by Senator Lanza, Senate Print 4505, an act
21 to prohibit the expenditure.
22 ACTING PRESIDENT AKSHAR: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3920
1 ACTING PRESIDENT AKSHAR: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT AKSHAR: Announce
5 the result.
6 THE SECRETARY: In relation to
7 Calendar 913, those recorded in the negative are
8 Senators Breslin, Dilan, Gianaris, Hamilton,
9 Hassell-Thompson, Hoylman, Krueger, Latimer,
10 Montgomery, Panepinto, Peralta, Perkins, Persaud,
11 Rivera, Sanders, Serrano, Squadron, Stavisky and
12 Stewart-Cousins. Also Senator Kaminsky.
13 Absent from voting: Senators
14 Espaillat and Martins.
15 Ayes, 39. Nays, 20.
16 ACTING PRESIDENT AKSHAR: The bill
17 is passed.
18 SENATOR DeFRANCISCO: Can we now
19 take up Calendar 1566, for the purposes of a
20 vote.
21 ACTING PRESIDENT AKSHAR: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 1566, by Senator Funke, Senate Print 6733, an act
25 to authorize.
3921
1 ACTING PRESIDENT AKSHAR: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT AKSHAR: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT AKSHAR: Senator
9 Stavisky to explain her vote.
10 SENATOR STAVISKY: Yeah, I can do
11 it in one sentence.
12 This bill would exclude a large
13 percentage of my Senate district, people who have
14 artistic ability. It's nativism, it's just
15 the -- sends the worst message possible.
16 I vote no.
17 ACTING PRESIDENT AKSHAR: Senator
18 Stavisky to be recorded in the negative.
19 Announce the result.
20 THE SECRETARY: In relation to
21 Calendar 1566, those recorded in the negative are
22 Senators Addabbo, Breslin, Dilan, Hamilton,
23 Hoylman, Kaminsky, Krueger, Latimer, Montgomery,
24 Perkins, Rivera, Sanders, Serrano, Squadron,
25 Stavisky and Stewart-Cousins. Also Senator
3922
1 Comrie. Also Senator Peralta.
2 Absent from voting: Senators
3 Espaillat and Martins.
4 Ayes, 41. Nays, 18.
5 ACTING PRESIDENT AKSHAR: The bill
6 is passed.
7 Senator DeFrancisco, that completes
8 the controversial reading of the calendar.
9 SENATOR DeFRANCISCO: Yes, may we
10 now return to motions and resolutions.
11 ACTING PRESIDENT AKSHAR: Motions
12 and resolutions.
13 SENATOR DeFRANCISCO: On page 18, I
14 offer the following amendments to Calendar 721,
15 Senate Print 6471A, by Senator Martins, and ask
16 that said bill retain its place on Third Reading
17 Calendar.
18 ACTING PRESIDENT AKSHAR: The
19 amendments are received. The bill shall remain
20 on the Third Reading Calendar.
21 SENATOR DeFRANCISCO: Okay. I'd
22 like to call on Senator Gianaris for the purposes
23 of an announcement.
24 ACTING PRESIDENT AKSHAR: Senator
25 Gianaris.
3923
1 SENATOR GIANARIS: Thank you,
2 Mr. President.
3 I would actually ask you to call on
4 Senator Serrano to announce conference for us.
5 ACTING PRESIDENT AKSHAR: Senator
6 Serrano.
7 SENATOR SERRANO: Okay. So,
8 Mr. President, I'm calling an immediate meeting
9 of the Democratic Conference in Room 315.
10 ACTING PRESIDENT AKSHAR: There
11 will be an immediate meeting of the Democratic
12 Conference in Room 315.
13 SENATOR DeFRANCISCO: And for those
14 on Working Rules, we're going to meet in Beth
15 Garvey's office immediately.
16 ACTING PRESIDENT AKSHAR: Working
17 Rules to Beth Garvey's office immediately.
18 SENATOR DeFRANCISCO: And we are
19 going to stand at ease till 4:15.
20 MULTIPLE VOICES: 4:15?
21 SENATOR DeFRANCISCO: I was just
22 checking.
23 (Laughter.)
24 SENATOR DeFRANCISCO: It's 8:15.
25 8:15.
3924
1 And we will then be calling a
2 Rules Committee meeting, and hopefully have one
3 more calendar tonight, to do the
4 noncontroversial. And hopefully that will be it,
5 but we'll play it by ear.
6 ACTING PRESIDENT AKSHAR: The
7 Senate will stand at ease until 8:15.
8 (Whereupon, the Senate stood at ease
9 at 7:32 p.m.)
10 (Whereupon, the Senate reconvened at
11 8:49 p.m.)
12 ACTING PRESIDENT GRIFFO: The
13 Senate will come to order.
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Is there a
16 report of the Rules Committee at the desk?
17 ACTING PRESIDENT GRIFFO: There is
18 a report of the Rules Committee at the desk.
19 The Secretary will read.
20 THE SECRETARY: Senator Flanagan,
21 from the Committee on Rules, reports the
22 following bills:
23 Senate Print 91, by Senator
24 Gallivan, an act to amend the Vehicle and Traffic
25 Law;
3925
1 Senate 490B, by Senator LaValle, an
2 act to amend the Education Law;
3 Senate 894A, by Senator Avella,
4 Concurrent Resolution of the Senate and Assembly;
5 Senate 1471, by Senator Golden, an
6 act to amend the Insurance Law;
7 Senate 1913A, by Senator Little, an
8 act to amend the Real Property Tax Law;
9 Senate 2264, by Senator Griffo, an
10 act establishing;
11 Senate 3288A, by Senator Golden, an
12 act to amend the Public Health Law;
13 Senate 3344B, by Senator Lanza, an
14 act to require;
15 Senate 4089C, by Senator Young, an
16 act to amend the Education Law;
17 Senate 4540A, by Senator Seward, an
18 act to amend the Insurance Law;
19 Senate 4645A, by Senator O'Mara, an
20 act in relation to authorizing;
21 Senate 4741B, by Senator Golden, an
22 act to amend the Education Law;
23 Senate 4809A, by Senator Murphy, an
24 act to amend the Tax Law;
25 Senate 4985B, by Senator Martins, an
3926
1 act to amend the Retirement and Social Security
2 Law;
3 Senate 4987B, by Senator Martins, an
4 act to amend the Retirement and Social Security
5 Law;
6 Senate 5012A, by Senator Golden, an
7 act to amend the Retirement and Social Security
8 Law;
9 Senate 5711A, by Senator Martins, an
10 act in relation to granting;
11 Senate 6081A, by Senator Hannon, an
12 act to amend the Public Health Law;
13 Senate 6698, by Senator Gallivan, an
14 act in relation to granting;
15 Senate 6827A, by Senator Avella, an
16 act to amend the Election Law;
17 Senate 6960A, by Senator O'Mara, an
18 act to amend the Agriculture and Markets Law;
19 Senate 6987, by Senator Amedore, an
20 act to amend the Tax Law;
21 Senate 7040, by Senator Amedore, an
22 act to amend Chapter 218 of the Laws of 2009;
23 Senate 7057A, by Senator
24 DeFrancisco, an act to amend the Penal Law;
25 Senate 7307A, by Senator Young, an
3927
1 act to amend the Public Health Law;
2 Senate 7343, by Senator Montgomery,
3 an act to authorize;
4 Senate 7511, by Senator Gallivan, an
5 act in relation to establishing;
6 Senate 7608A, by Senator Lanza, an
7 act to amend the State Finance Law;
8 Senate 7636, by Senator Croci, an
9 act to amend the Retirement and Social Security
10 Law;
11 Senate 7722, by Senator Lanza, an
12 act to amend the State Finance Law;
13 Senate 7876, by Senator Lanza, an
14 act to amend the Tax Law;
15 Senate 7892, by Senator DeFrancisco,
16 an act to amend the State Finance Law;
17 Senate 7893, by Senator DeFrancisco,
18 an act to amend the State Finance Law;
19 Senate 7924, by Senator
20 Hassell-Thompson, an act authorizing;
21 Senate 8095, by Senator Avella, an
22 act to amend the Real Property Tax Law;
23 And Senate 8102, by Senator Klein,
24 an act to amend the General Business Law.
25 All bills reported direct to third
3928
1 reading.
2 ACTING PRESIDENT GRIFFO: Senator
3 DeFrancisco.
4 SENATOR DeFRANCISCO: I move to
5 accept the report of the Rules Committee.
6 ACTING PRESIDENT GRIFFO: All in
7 favor of accepting the Committee on Rules report
8 say aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT GRIFFO: Opposed?
11 (No response.)
12 ACTING PRESIDENT GRIFFO: The
13 Committee on Rules report has been accepted and
14 is before the house.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: Can we now
17 return to messages from the Assembly.
18 ACTING PRESIDENT GRIFFO: We will
19 return to messages from the Assembly.
20 The Secretary will read.
21 Order in the house, please.
22 THE SECRETARY: Senator Golden
23 moves to discharge, from the Committee on Rules,
24 Assembly Bill Number 7146A and substitute it for
25 the identical Senate Bill 5012A, Third Reading
3929
1 Calendar 1730.
2 Senator O'Mara moves to discharge,
3 from the Committee on Agriculture, Assembly Bill
4 Number 9310A and substitute it for the identical
5 Senate Bill 6960A, Third Reading Calendar 1735.
6 Senator Amedore moves to discharge,
7 from the Committee on Rules, Assembly Bill Number
8 9646 and substitute it for the identical Senate
9 Bill 7040, Third Reading Calendar 1737.
10 And Senator Lanza moves to
11 discharge, from the Committee on Rules,
12 Assembly Bill Number 10296 and substitute it for
13 the identical Senate Bill 7722, Third Reading
14 Calendar 1744.
15 ACTING PRESIDENT GRIFFO: The
16 substitutions are so ordered.
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: Can we return
19 to motions and resolutions.
20 ACTING PRESIDENT GRIFFO: We will
21 return to motions and resolutions.
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Can you
24 please call on Senator Valesky.
25 ACTING PRESIDENT GRIFFO: Senator
3930
1 Valesky.
2 SENATOR VALESKY: Thank you,
3 Mr. President.
4 On behalf of Senator Avella, I wish
5 to call up his bill 7983A, recalled from the
6 Assembly, which is now at the desk.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 1520, by Senator Avella, Senate Print 7983A, an
11 act to amend the Social Services Law.
12 SENATOR VALESKY: I now move to
13 reconsider the vote by which this bill was
14 passed.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll on reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 SENATOR VALESKY: I now offer the
20 following amendments.
21 ACTING PRESIDENT GRIFFO: The
22 amendments are received.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: There is now
25 being handed out a supplemental active list,
3931
1 which we will stand at ease until everyone has a
2 chance to take a look at it. But it's basically
3 the bills we just reported out from the Rules
4 Committee.
5 The plan is to go through the
6 noncontroversial reading, and hopefully there
7 will be nothing controversial so we can leave
8 after that.
9 (Pause.)
10 ACTING PRESIDENT GRIFFO: Senator
11 DeFrancisco.
12 SENATOR DeFRANCISCO: We now have
13 Senate Supplemental Calendar 53B before us.
14 Would you please do the noncontroversial reading.
15 ACTING PRESIDENT GRIFFO: Okay, the
16 Secretary will begin the reading of Senate
17 Supplemental Calendar 53B, noncontroversial.
18 THE SECRETARY: Calendar Number
19 1715, by Senator Gallivan, Senate Print 91, an
20 act to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
3932
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1716, by Senator LaValle, Senate Print 490B, an
8 act to amend the Education Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1717, by Senator Avella, Senate Print 894A,
21 Concurrent Resolution of the Senate and Assembly.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll on the resolution.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT GRIFFO: Senator
3933
1 Hamilton to explain his vote.
2 SENATOR HAMILTON: Mr. President, I
3 rise to explain my vote and the reason why I
4 think this is a good idea.
5 The Governor has a four-year term,
6 the President has a four-year term. My City
7 Council in New York City has a four-year term.
8 And to run for reelection every two years, you
9 spend a lot of time on fundraising. We have some
10 races now where people are spending $5 million on
11 the race.
12 I think it's in the best interests
13 of the public policy to not spend as much money
14 on the races. We leave our families more so than
15 the City Council in New York City, who get paid
16 $145,000 a year -- $148,000 a year.
17 I think we need reforms in the
18 New York State Senate, but we shouldn't merge the
19 two together. They should be exclusive of each
20 other.
21 We have members in the chamber,
22 before my time, who committed crimes who are no
23 longer here. Why should I be penalized for that?
24 So all of a sudden now I think if
25 you are a good Senator and you do a great job --
3934
1 excuse me, Liz -- excuse me, excuse me --
2 ACTING PRESIDENT GRIFFO: Excuse
3 me, Senator Hamilton.
4 Can I have some order in the house,
5 please.
6 SENATOR HAMILTON: -- thank you.
7 ACTING PRESIDENT GRIFFO:
8 (Gaveling.)
9 SENATOR HAMILTON: So as a Senator
10 who handles 1200 or more constituent services a
11 year, as a Senator who serves his constituents,
12 they will reelect me if I vote for this. I'm not
13 voting on this bill because it's for me the sole
14 benefit, but it's to save the public money from
15 having elections every two years. We will save
16 so much money by not having elections every two
17 years.
18 And so I think if it's good for the
19 Governor, if it's good for the President of the
20 United States, if it's good for the City Council,
21 then it's good for me. It gives me more time not
22 raising money, but more time doing public work
23 for constituents in my community.
24 So I'm going to have to vote yes on
25 this bill. It's a no-brainer for me. My
3935
1 constituents believe in what I'm doing, they
2 believe in me, so I'm voting for this bill. I
3 think it's a bill that we should be in the same
4 cycle as the Governor and have four years.
5 So I have to say I'm voting for this
6 bill, I think it's a great bill. It will save us
7 a lot of money. Before, people expressed concern
8 about having elections together. Now all of a
9 sudden we can have more elections together, but
10 we don't want to vote on this.
11 So I -- I don't know, I guess it's
12 good sometimes, it's not good the other times for
13 yourself.
14 ACTING PRESIDENT GRIFFO: Senator
15 Hamilton, how do you vote?
16 SENATOR HAMILTON: I vote yes.
17 ACTING PRESIDENT GRIFFO: Senator
18 Hamilton to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar Number 1717, those recorded in the
22 negative are Senators Akshar, Bonacic, Boyle,
23 Croci, DeFrancisco, Gallivan, Gianaris, Griffo,
24 Hoylman, Kaminsky, Latimer, Little, Murphy,
25 Nozzolio, Ortt, Ranzenhofer, Ritchie, Robach,
3936
1 Serino, Seward, Squadron, Stavisky,
2 Stewart-Cousins, Venditto and Young.
3 Ayes, 36. Nays, 25.
4 ACTING PRESIDENT GRIFFO: The
5 resolution is adopted.
6 THE SECRETARY: Calendar Number
7 1718, by Senator Golden, Senate Print 1471, an
8 act to amend the Insurance Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 9. This
12 act shall take effect on the 270th day.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60. Nays, 1.
17 Senator DeFrancisco recorded in the negative.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1719, by Senator Little, Senate Print 1913A, an
22 act to amend the Real Property Tax Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3937
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1720, by Senator Griffo, Senate Print 2264, an
10 act establishing.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 7. 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, 61.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1721, by Senator Golden, Senate Print 3288A, an
23 act to amend the Public Health Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
3938
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 120th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60. Nays, 1.
7 Senator Perkins recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1722, by Senator Lanza, Senate Print 3344B, an
12 act to require.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1723, by Senator Young, Senate Print 4089C, an
25 act to amend the Education Law.
3939
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GRIFFO: Senator
9 Stavisky to explain her vote.
10 SENATOR STAVISKY: Yes, I'm going
11 to vote for this bill, but I would encourage the
12 sponsor to include other colleges and
13 universities that are part of the SUNY system
14 that are close to our neighboring states, because
15 I think they could benefit also.
16 Thank you. I vote aye.
17 ACTING PRESIDENT GRIFFO: Senator
18 Stavisky to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1724, by Senator Seward, Senate Print 4540A, an
25 act to amend the Insurance Law.
3940
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: In relation to
9 Calendar 1724, those recorded in the negative are
10 Senators Hoylman, Krueger, Perkins and Squadron.
11 Ayes, 57. Nays, 4.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1725, by Senator O'Mara, Senate Print 4645A, an
16 act in relation to authorizing.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 4. 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, 61.
25 ACTING PRESIDENT GRIFFO: The bill
3941
1 is passed.
2 THE SECRETARY: Calendar Number
3 1726, by Senator Golden, Senate Print 4741B, an
4 act to amend the Education Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1727, by Senator Murphy, Senate Print 4809A, an
17 act to amend the Tax Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61.
3942
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 Calendar Numbers 1728, by Senator
4 Martins, and 1729, by Senator Martins, do not
5 have home-rule messages at the desk.
6 Accordingly, they will be laid aside for the day.
7 That brings us to Calendar 1730.
8 THE SECRETARY: Calendar Number
9 1730, substituted earlier by Member of the
10 Assembly Abbate, Assembly Print Number 7146A, an
11 act to amend the Retirement and Social Security
12 Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 Calendar Number 1731 also requires a
24 home-rule message, which is not present at the
25 desk. Accordingly, the bill will be laid aside
3943
1 for the day.
2 Calendar 1732.
3 THE SECRETARY: Calendar Number
4 1732, by Senator Hannon, Senate Print 6081A, an
5 act to amend the Public Health Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect on the 180th day.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 Calendar Number 1733 also does not
17 have a home-rule message present at the desk.
18 Accordingly, it will be laid aside for the day.
19 Calendar Number 1734.
20 THE SECRETARY: Calendar Number
21 1734, by Senator Avella, Senate Print 6827A, an
22 act to amend the Election Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 3. This
3944
1 act shall take effect on the first of December.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60. Nays, 1.
6 Senator DeFrancisco recorded in the negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1735, substituted earlier by Member of the
11 Assembly Lupardo, Assembly Print 9310A, an act to
12 amend the Agriculture and Markets Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect on the 30th day.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1736, by Senator Amedore, Senate Print 6987, an
25 act to amend the Tax Law.
3945
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60. Nays, 1.
9 Senator Gallivan recorded in the negative.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1737, substituted earlier by Member of the
14 Assembly Lopez, Assembly Print 9646, an act to
15 amend Chapter 218 of the Laws of 2009.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60. Nays, 1.
24 Senator Kaminsky recorded in the negative.
25 ACTING PRESIDENT GRIFFO: The bill
3946
1 is passed.
2 THE SECRETARY: Calendar Number
3 1738, by Senator DeFrancisco, Senate Print 7057A,
4 an act to amend the Penal Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the first of November.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1739, by Senator Young, Senate Print 7307A, an
17 act to amend the Public Health Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 3. 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, 61.
3947
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1740, by Senator Montgomery, Senate Print 7343,
5 an act to authorize.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60. Nays, 1.
14 Senator Bonacic recorded in the negative.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1741, by Senator Gallivan, Senate Print 7511, an
19 act in relation to establishing.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
3948
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1742, by Senator Lanza, Senate Print 7608A, an
7 act to amend the State Finance 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, 61.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 Calendar Number 1743 requires a
19 home-rule message, which is not present at the
20 desk, so the bill will be laid aside for the day.
21 That brings us to Calendar 1744.
22 THE SECRETARY: Calendar Number
23 1744, substituted earlier by Member of the
24 Assembly Peoples-Stokes, Assembly Print 10296, an
25 act to amend the State Finance Law.
3949
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1745, by Senator Lanza, Senate Print 7876, an act
13 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 on the first day of the
18 sales tax quarterly period.
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
3950
1 1746, by Senator DeFrancisco, Senate Print 7892,
2 an act to amend the State Finance Law.
3 SENATOR GIANARIS: Lay it aside.
4 SENATOR DeFRANCISCO: Lay it aside
5 for the day, please.
6 ACTING PRESIDENT GRIFFO: Lay the
7 bill aside for the day.
8 THE SECRETARY: Calendar Number
9 1747, by Senator DeFrancisco, Senate Print 7893,
10 an act to amend the State Finance Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section --
14 SENATOR GIANARIS: Lay it aside.
15 SENATOR DeFRANCISCO: Lay it aside
16 for the day, please.
17 ACTING PRESIDENT GRIFFO: The bill
18 is laid aside for the day.
19 THE SECRETARY: Calendar Number
20 1748, by Senator Hassell-Thompson, Senate Print
21 7924, an act authorizing.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect immediately.
3951
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 Calendar Numbers 1750 and 1751 are
8 high and are therefore ineligible for
9 consideration.
10 Senator DeFrancisco, that completes
11 the noncontroversial reading of the today's
12 Supplemental Senate Calendar 53B.
13 SENATOR DeFRANCISCO: And we'll
14 take up the controversial reading on this
15 calendar tomorrow.
16 Could we return to motions and
17 resolutions.
18 ACTING PRESIDENT GRIFFO: We will
19 return to motions and resolutions.
20 SENATOR DeFRANCISCO: On page
21 number 60, I offer the following amendments to
22 Calendar 1571, Senate Print 6949B, by Senator
23 Gallivan, and ask that said bill retain its place
24 on the Third Reading Calendar.
25 ACTING PRESIDENT GRIFFO: The
3952
1 amendments are received, and the bill shall
2 retain its place on third reading.
3 Can I have some order in the house,
4 please.
5 Senator DeFrancisco.
6 SENATOR DeFRANCISCO: Is there any
7 further business at the desk?
8 ACTING PRESIDENT GRIFFO: There is
9 no further business present at the desk.
10 SENATOR DeFRANCISCO: There being
11 none, I move to adjourn until Wednesday,
12 June 15th, at 11:00 a.m., 11:00 a.m.
13 ACTING PRESIDENT GRIFFO: On
14 motion, the Senate will stand adjourned until
15 Wednesday, June 15th at 11:00 a.m.
16 The Senate will stand adjourned.
17 (Whereupon, at 9:13 p.m., the Senate
18 adjourned.)
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