Regular Session - June 16, 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 16, 2016
11 10:58 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
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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 me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: Today's
10 invocation will be offered by the Reverend
11 Emmanuel Asse, Bethesda Church of God in
12 Brooklyn.
13 REVEREND ASSE: Thank you. Thank
14 you.
15 Heavenly Father, we give thanks for
16 our state government. We are praying today for
17 Governor Andrew Cuomo, Majority Leader John
18 Flanagan, Assembly Speaker Carl Heastie, and all
19 the Senators in the house.
20 Give those in authority wisdom in
21 every decision, and help them to think clearly.
22 Grant them discernment and common sense so they
23 will be strong and effective leaders. Help them
24 to lead and govern with integrity, and may their
25 integrity guide them and keep them on track.
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1 Be merciful to give us leaders who
2 are spirit-filled and follow Your principles.
3 Direct their steps according to Your word -- for
4 their decisions have a great impact on our
5 lives.
6 I pray for all men and women having
7 authority over us in any way. Pour out Your
8 spirit upon them, and make Your word known to
9 them. Cause them to be men and women of
10 integrity and obedient concerning us, that we
11 may lead a quiet and peaceful life, in all
12 godliness and honesty.
13 Let wisdom enter their hearts, and
14 let knowledge be pleasant to them. Let
15 discretion preserve them and understanding keep
16 them, to deliver them from the way of evil and
17 from evil men. Make their hearts and ears
18 attentive to godly counsel, doing what is right
19 in Your sight. Let the upright dwell in our
20 government.
21 Cause there to be a shaking in all
22 areas. Cause the rains of Your spirit to flood
23 this state and revive Your work in the midst of
24 us. Arise up, intercessors for this state, to
25 pull down strongholds over this state, and let
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1 the glory of the Lord be revealed.
2 Amen.
3 ACTING PRESIDENT GRIFFO: Thank
4 you, Reverend.
5 The reading of the Journal.
6 THE SECRETARY: In Senate,
7 Wednesday, June 15th, the Senate met pursuant to
8 adjournment. The Journal of Tuesday, June 14th,
9 was read and approved. On motion, Senate
10 adjourned.
11 ACTING PRESIDENT GRIFFO: Without
12 objection, the Journal will stand approved as
13 read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 The Secretary will read.
17 THE SECRETARY: On page 5, Senator
18 Croci moves to discharge, from the Committee on
19 Rules, Assembly Bill Number 9304A and substitute
20 it for the identical Senate Bill 6361A, Third
21 Reading Calendar 120.
22 On page 6, Senator Gallivan moves
23 to discharge, from the Committee on
24 Transportation, Assembly Bill Number 8548A and
25 substitute it for the identical Senate Bill
4298
1 6058, Third Reading Calendar 211.
2 On page 6, Senator Marcellino moves
3 to discharge, from the Committee on Rules,
4 Assembly Bill Number 8621B and substitute it for
5 the identical Senate Bill 6723A, Third Reading
6 Calendar 269.
7 On page 7, Senator Nozzolio moves to
8 discharge, from the Committee on Transportation,
9 Assembly Bill Number 8595A and substitute it for
10 the identical Senate Bill 6267A, Third Reading
11 Calendar 280.
12 On page 7, Senator Hannon moves to
13 discharge, from the Committee on Health, Assembly
14 Bill Number 9335B and substitute it for the
15 identical Senate Bill 6779B, Third Reading
16 Calendar 286.
17 On page 7, Senator Boyle moves to
18 discharge, from the Committee on Labor, Assembly
19 Bill Number 4910A and substitute it for the
20 identical Senate Bill 613A, Third Reading
21 Calendar 319.
22 On page 8, Senator LaValle moves to
23 discharge, from the Committee on Local
24 Government, Assembly Bill Number 5244A and
25 substitute it for the identical Senate Bill
4299
1 3689A, Third Reading Calendar 327.
2 On page 8, Senator Boyle moves to
3 discharge, from the Committee on Rules, Assembly
4 Bill Number 9135B and substitute it for the
5 identical Senate Bill 6739B, Third Reading
6 Calendar 333.
7 On page 8, Senator Avella moves to
8 discharge, from the Committee on Children and
9 Families, Assembly Bill Number 9759 and
10 substitute it for the identical Senate Bill 6859,
11 Third Reading Calendar 342.
12 On page 9, Senator Serino moves to
13 discharge, from the Committee on Local
14 Government, Assembly Bill Number 2370B and
15 substitute it for the identical Senate Bill
16 4338A, Third Reading Calendar 395.
17 On page 11, Senator Golden moves to
18 discharge, from the Committee on Rules, Assembly
19 Bill Number 9440 and substitute it for the
20 identical Senate Bill 6936, Third Reading
21 Calendar 553.
22 On page 13, Senator Larkin moves to
23 discharge, from the Committee on Codes, Assembly
24 Bill Number 8699 and substitute it for the
25 identical Senate Bill 7087, Third Reading
4300
1 Calendar 627.
2 On page 14, Senator Golden moves to
3 discharge, from the Committee on Cities, Assembly
4 Bill Number 1719C and substitute it for the
5 identical Senate Bill 6303B, Third Reading
6 Calendar 698.
7 On page 15, Senator Marchione moves
8 to discharge, from the Committee on Elections,
9 Assembly Bill Number 3330 and substitute it for
10 the identical Senate Bill 1384, Third Reading
11 Calendar 725.
12 On page 23, Senator Avella moves to
13 discharge, from the Committee on Consumer
14 Protection, Assembly Bill Number 1047 and
15 substitute it for the identical Senate Bill 7815,
16 Third Reading Calendar 1077.
17 On page 23, Senator Golden moves to
18 discharge, from the Committee on Aging, Assembly
19 Bill Number 8228A and substitute it for the
20 identical Senate Bill 6214A, Third Reading
21 Calendar 1093.
22 On page 26, Senator Hannon moves to
23 discharge, from the Committee on Rules, Assembly
24 Bill Number 10547 and substitute it for the
25 identical Senate Bill 6799, Third Reading
4301
1 Calendar 1178.
2 On page 30, Senator Martins moves to
3 discharge, from the Committee on Local
4 Government, Assembly Bill 10022 and substitute it
5 for the identical Senate Bill 7869, Third Reading
6 Calendar 1310.
7 On page 32, Senator Ranzenhofer
8 moves to discharge, from the Committee on Rules,
9 Assembly Bill Number 10365B and substitute it for
10 the identical Senate Bill 7913B, Third Reading
11 Calendar 1331.
12 On page 33, Senator O'Mara moves to
13 discharge, from the Committee on Housing,
14 Construction and Community Development, Assembly
15 Bill Number 9614A and substitute it for the
16 identical Senate Bill 7669, Third Reading
17 Calendar 1356.
18 On page 34, Senator O'Mara moves to
19 discharge, from the Committee on Rules, Assembly
20 Bill 10214D and substitute it for the identical
21 Senate Bill 7847C, Third Reading Calendar 1361.
22 On page 36, Senator DeFrancisco
23 moves to discharge, from the Committee on
24 Transportation, Assembly Bill Number 4106 and
25 substitute it for the identical Senate Bill
4302
1 6034A, Third Reading Calendar 1556.
2 ACTING PRESIDENT GRIFFO: The
3 substitutions are so ordered as so read.
4 Messages from the Governor.
5 Reports of standing committees.
6 Reports of select committees.
7 Communications and reports of state
8 officers.
9 Motions and resolutions.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: I move to
12 adopt the Resolution Calendar, with the exception
13 of Resolutions 6474 and 6229.
14 ACTING PRESIDENT GRIFFO: All in
15 favor of adopting the Resolution Calendar, with
16 the exception of Resolutions 6474 and 6229,
17 signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT GRIFFO: Opposed?
20 (No response.)
21 ACTING PRESIDENT GRIFFO: The
22 Resolution Calendar is adopted.
23 Senator DeFrancisco.
24 SENATOR DeFRANCISCO: Could you now
25 take up Resolution 6474 and call on me, reading
4303
1 the title only.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: Legislative
5 Resolution Number 6474, by Senator DeFrancisco,
6 celebrating the life and legacy of Dwayne Alonzo
7 "Pearl" Washington.
8 ACTING PRESIDENT GRIFFO: Could I
9 have some order in the house, please. If staff
10 can take conversations outside the chamber,
11 please.
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: Yes, in April
14 we had a terrible tragedy to all Syracuse
15 University fans and all Central New Yorkers --
16 and quite frankly all New Yorkers -- in the death
17 of Dwayne "Pearl" Washington.
18 Pearl Washington played basketball
19 in Brooklyn -- I believe he was from the
20 Brownsville area of Brooklyn -- and became an
21 absolute legend. So that I think it was 1983, he
22 was the number-one ranked player in the country.
23 So he obviously could have played anywhere he
24 wanted to play. And fortunately, he decided to
25 play at Syracuse, which really started the modern
4304
1 era at Syracuse University, which has been a
2 powerhouse nationally ever since.
3 He was an amazing player. And I'm
4 not going to get into all his exploits, but he
5 was just the most exciting player you'd ever want
6 to see.
7 He actually made -- he played three
8 years before he went pro. The three years he
9 played, he was First Team Big East all three
10 years. His final year, he was an All-American.
11 And he was the Rookie of the Year his first year.
12 He had every honor you could imagine. But that
13 doesn't describe the excitement he brought.
14 Nobody could handle a ball like he could. Nobody
15 could get a crowd going like he could.
16 And Joe Messina, who's up at the
17 desk up there, reminded me of a game -- which
18 actually is in the resolution -- when they played
19 Boston College. And I was at that game. The
20 clock was running down, and Pearl took a
21 half-court shot for the winning shot. There was
22 pandemonium in the massive Carrier Dome. And
23 that was just one example of what he was able to
24 accomplish.
25 But the most important thing, after
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1 playing basketball for Syracuse for the three
2 years and going pro, he came back to Syracuse.
3 And he was involved in every charity that you
4 could possibly imagine. He was so quiet and
5 humble, you would think he never accomplished
6 anything in his life. He would talk to everyone
7 that came up to him, who adored him for all his
8 exploits at Syracuse University. He never would
9 shun anybody. He would go to parties, private
10 parties that I was at, where he'd just sit there
11 at a table talking to people and giving
12 autographs -- unlike many of the professional
13 players today that there's a cost for everything.
14 Amazing person. Horrible loss. He
15 had brain cancer which was operated on many years
16 ago, but it came back. And he fought everything
17 off; he couldn't fight this off.
18 So I just wanted to recognize Dwayne
19 "Pearl" Washington in this chamber because of
20 what a profound effect he had on residents of the
21 State of New York and, quite frankly, everyone.
22 We're all going to miss Pearl.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator DeFrancisco.
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1 Senator Hamilton.
2 SENATOR HAMILTON: Yes,
3 Mr. President, I rise to also pay my respects to
4 Dwayne "Pearl" Washington. I want to thank
5 Senator DeFrancisco for acknowledging him.
6 I actually watched him play at
7 Syracuse; I pledged Omega Psi Phi fraternity at
8 Syracuse.
9 He was a dynamic young man, also
10 born in the district that I represent right now,
11 which is Brownsville, where we have a lot of
12 young kids with potential in basketball. And he
13 was a beacon of hope. He was a leader in the
14 Brownsville community, which produced many
15 basketball players. And many of the kids who
16 played at Syracuse were poor kids from the inner
17 city who for the first time went away to school
18 at college.
19 So I just want to say thank you,
20 Senator DeFrancisco, for bringing this resolution
21 forward.
22 ACTING PRESIDENT GRIFFO: Thank
23 you, Senator Hamilton.
24 The question is on the resolution.
25 All in favor signify by saying aye.
4307
1 (Response of "Aye.")
2 ACTING PRESIDENT GRIFFO: Opposed?
3 (No response.)
4 ACTING PRESIDENT GRIFFO: The
5 resolution is adopted.
6 Senator DeFrancisco, I believe
7 you're offering that for cosponsorship?
8 SENATOR DeFRANCISCO: I definitely
9 am. You took the words out of my mouth.
10 ACTING PRESIDENT GRIFFO: So should
11 you choose not to be a cosponsor, please notify
12 the desk.
13 Senator DeFrancisco.
14 SENATOR DeFRANCISCO: Next can we
15 take up Resolution 6229, by Senator Golden, and
16 read the title only.
17 ACTING PRESIDENT GRIFFO: The
18 Secretary will read.
19 THE SECRETARY: Legislative
20 Resolution Number 6229, by Senator Golden,
21 honoring John C. Googas, Jr., for his
22 distinguished legislative service after
23 43 sessions in the New York State Senate.
24 ACTING PRESIDENT GRIFFO: Senator
25 Golden.
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1 SENATOR GOLDEN: Thank you,
2 Mr. President.
3 I rise to speak of a great man
4 that's done an awful lot for our great city and
5 our state and has been around this institution
6 for many, many years. For the past 43 sessions,
7 John Googas has worked in the New York State
8 Senate -- when Senator Larkin was serving as a
9 staff member at that time.
10 Whether you're a member or a
11 staffer, a lot of us have grown up with John
12 Googas. He was always there to offer his
13 insight, his advice, and he has achieved real
14 results for the people of this great state and
15 for the great people of the City of New York.
16 And he is a true part of the Senate family.
17 Starting as an intern working for
18 Senator Frank Padavan at that time, and then
19 somehow he got stuck with Golden, God bless him.
20 He's done an outstanding job for me and for Frank
21 Padavan. And his study was political science, a
22 student at Siena College, when he was hired in
23 1974 as a staffer here in this great Capitol.
24 As time went on, he was promoted to
25 chief of staff to Frank Padavan. In his
4309
1 capacity, he worked with many elected officials,
2 administrative staff members, and union
3 representatives throughout New York State and
4 New York City, and implementing many of the
5 policies and laws that we have here today
6 affecting our great city and our great state.
7 He's been part of it, he breathes
8 it, he eats it, he sleeps it, and he's been great
9 for this conference and for this great state.
10 After 38 years of dedicated service,
11 this poor guy retired from his position of chief
12 of staff to his friend and mentor Senator
13 Padavan. And in 2010, I was blessed to be able
14 to have him for the last five years -- part-time,
15 but as an advisor on policy issues affecting
16 New York State and New York City.
17 And he's been a wealth of knowledge
18 for me and for this body. John has been
19 invaluable to me in bringing with him a wealth of
20 knowledge and understanding of New York City and
21 the issues, as well as a great institutional
22 knowledge of this house.
23 John has also been married to a
24 great woman for 36 years. She is a saint, Mary
25 Pat. He has two daughters, Melissa and Andrea,
4310
1 and now two very enticing reasons not to want to
2 work anymore, and they are called his two great
3 grandchildren, Ronan and Ava. Who if it wasn't
4 for them, I might be able to hang onto him and
5 get to 45 years, but I don't think I'm going to
6 be able to do that.
7 I feel sorry for his poor wife
8 because he's going to be home now. But I believe
9 he has done a great job in bringing up a great
10 family and at the same time balancing his career
11 here at this wonderful, wonderful legislative
12 body. While he may not be spending time on the
13 Senate floor with us as he once did, he will
14 always be part of the great Senate family.
15 You will truly be missed, John. But
16 after 43 years, 43 sessions, well deserved. And
17 I thank you for your insight, for your guidance,
18 for your friendship, and for all that you've been
19 able to accomplish under many different
20 administrations that you've worked through, with
21 the city's mayors and the different governors.
22 And it's really been a great, great ride.
23 Thank you for your service. God
24 bless you and your family. Onward and upward.
25 More grandchildren, keep yourself busy.
4311
1 Ladies and gentlemen, please rise
2 and give this good man a round of applause as he
3 departs us.
4 (Standing ovation.)
5 ACTING PRESIDENT GRIFFO: Senator
6 LaValle.
7 SENATOR GOLDEN: Thank you,
8 Mr. President.
9 ACTING PRESIDENT GRIFFO: Senator
10 LaValle.
11 Could I have some order in the
12 house, please.
13 SENATOR LaVALLE: Thank you,
14 Mr. President.
15 I rise to echo the comments of
16 Senator Golden.
17 John Googas is one staff member --
18 and we have many in our presence that work very,
19 very diligently to make the Senate the place that
20 it is. The staff members and John, very
21 professional, very obliging, always there to
22 help, always there to make sure that the Senate
23 as an institution progresses in a very positive
24 direction.
25 So I want to thank you for your
4312
1 years of service and the years that we have spent
2 together toiling on many, many pieces of
3 legislation and, most importantly, your
4 dedication to this house and to the members that
5 you served.
6 Good luck to you.
7 ACTING PRESIDENT GRIFFO: Senator
8 Larkin.
9 SENATOR LARKIN: John, I don't want
10 to delay your retirement. All I want to say was
11 that 41 years ago, you and I were staff members.
12 And the staff were listened to then, the staff
13 are listened to today.
14 And you're a model for every staff
15 member here, because you always put the needs of
16 the Senate and the needs of the people of the
17 State of New York before your own personal needs.
18 Thank you, and God bless you in your
19 retirement.
20 ACTING PRESIDENT GRIFFO: John,
21 anybody that can survive 43 years of legislative
22 session is an amazing man. And you still look
23 good.
24 So the question is on the
25 resolution. All in favor say aye.
4313
1 (Response of "Aye.")
2 ACTING PRESIDENT GRIFFO: Opposed?
3 (No response.)
4 ACTING PRESIDENT GRIFFO: The
5 resolution is adopted.
6 Congratulations. Our best, wishes
7 John.
8 (Applause.)
9 ACTING PRESIDENT GRIFFO:
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: Can we please
12 open that up for cosponsorship.
13 ACTING PRESIDENT GRIFFO: The reso
14 is open for cosponsorship. Should you choose not
15 to, please notify the desk.
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: Could you now
18 take up previously adopted Resolution 6231, by
19 Senator Squadron, read the title only, and call
20 on the Senator to speak.
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will read.
23 And again, I'm going to need some
24 order in the chamber. It's difficult for the
25 stenographer to be able to hear the conversation.
4314
1 So please cooperate with us.
2 The Secretary will read.
3 THE SECRETARY: Legislative
4 Resolution Number 6231, by Senator Squadron,
5 commemorating the 130th Anniversary of the
6 dedication of the Statue of Liberty.
7 ACTING PRESIDENT GRIFFO: Senator
8 Squadron.
9 SENATOR SQUADRON: Thank you,
10 Mr. President.
11 You know, in my district I represent
12 about 319,000 people. The most famous one has
13 never voted for me or against me, lives alone on
14 an island in the middle of New York Harbor. Of
15 course it's the Statue of Liberty, which this
16 year is turning 130 years old. Also my oldest
17 constituent.
18 The Statue of Liberty was first
19 envisioned in the end of the 19th century as a
20 symbol of liberty, of course, emanating outwards
21 from these shores, from this nation that was
22 still quite young, to the rest of the world. The
23 first conception of the Statue of Liberty was the
24 idea that the example that our country sets and
25 that our country is ever-renewing and improving
4315
1 on, of opportunity and liberty, is a critical
2 example and hopefully a shining laid aside
3 temporarily for the world.
4 Over the next 25 or 30 years, this
5 symbol transformed. The idea of liberty and of
6 the importance of our country's example
7 continued, and it merged with another one, which
8 was the idea that we are a home and a refuge for
9 those around the world who need more opportunity
10 and a better life.
11 That was driven by the poem of Emma
12 Lazarus, "The New Colossus," that is now etched
13 on the pedestal of the Statue of Liberty. She
14 was inspired in writing that poem by the plight
15 of Jewish refugees suffering the danger and
16 indignities of pogroms in Russia and throughout
17 Eastern Europe.
18 Standing in the harbor, it was
19 inevitable the statue would become a symbol of
20 immigration because so many immigrants, so many
21 of our forebears traveled past it in their first
22 entrance into this nation on their way to
23 Ellis Island or Wards Island.
24 And that was true of my grandparents
25 at the end of the 19th century and the beginning
4316
1 of the 20th, coming here as young children on
2 ships. And their first vision of this country
3 after they went through the narrows was the
4 statue standing in the harbor, a symbol that they
5 spoke about through their lives and an
6 inspiration throughout their lives.
7 At the 100th anniversary of the
8 Statue of Liberty in 1986, I was fortunate enough
9 to be down in Lower Manhattan and to watch the
10 extraordinary centennial fireworks celebration
11 with my family, my father and my grandparents and
12 my siblings. And that symbol, even for a
13 6-year-old, of a really meaningful, timeless
14 welcoming in this country, was as powerful then
15 as it had been when my grandparents came through
16 the harbor.
17 It continues to be today. And it's
18 a reminder of the fact that two different
19 ideas -- the idea of our country as a beacon of
20 liberty and opportunity, an example for others to
21 improve their own plights, to improve their own
22 nations, is a critical part of who we are and a
23 big part of what we have provided as a nation for
24 the world. And the idea that we are a welcoming
25 harbor for those who are most motivated or most
4317
1 in need of a new life.
2 Those are not actually separate
3 ideas. It's the same idea. It's the idea of the
4 American dream, the idea of the American
5 idealism. And if we turn away from either, we
6 are turning away from the Statue of Liberty and
7 the legacy it has given us in New York Harbor.
8 You know, wherever in New York State
9 you're from, wherever in the nation you're from,
10 a huge percentage of us can trace one or more
11 ancestors back to one of those boats coming
12 through the harbor, viewing the Statue of
13 Liberty, or a similar immigrant experience --
14 landing at JFK Airport or LAX, coming from the
15 east or the west, and it's one that holds today.
16 I will not read the whole of "The
17 New Colossus," but I think it's important to
18 remind ourselves what was so powerful about it at
19 the end of the 19th century through the
20 20th century, and continuing to be today. With
21 our refugees in need, there are those who want to
22 change their lives and better their lives not so
23 much for themselves, but for their children and
24 grandchildren. This is the place they want to
25 come, and we are the folks who should want them
4318
1 to come here.
2 "'Keep ancient lands, your storied
3 pomp!'" Emma Lazarus wrote, "cries she with
4 silent lips. 'Give me your tired, your poor,
5 your huddled masses yearning to breathe free, the
6 wretched refuse of your teeming shore. Send
7 these, the homeless, tempest-tost to me, I lift
8 my lamp beside the golden door!'"
9 Happy birthday to the Statue of
10 Liberty on 130 years, and to the American
11 idealism envisioned of liberty and welcoming
12 shores for those who need it.
13 Thank you, Mr. President.
14 ACTING PRESIDENT MARTINS: Thank
15 you, Senator Squadron.
16 Senator Hamilton.
17 SENATOR HAMILTON: Yes,
18 Mr. President, I rise to congratulate the
19 130th anniversary for the Statue of Liberty.
20 But let's be mindful of the fact of
21 the fact that the original Statue of Liberty had
22 features of an African-American woman. And this
23 country could not tolerate the features of a
24 Statue of Liberty having an African-American
25 woman.
4319
1 To this day, the chains at the feet
2 of the Statue of Liberty show slavery in this
3 country, where people of color were slaves in
4 New York and throughout the country.
5 So when we think about the Statue of
6 Liberty, it was a statue against slavery, it was
7 a statue against tyranny. And the original
8 Statue of Liberty with the African features is
9 now in St. Maarten.
10 So as we celebrate the
11 130th anniversary for the Statue of Liberty,
12 let's not negate and leave out the facts that the
13 original Statue of Liberty did have African
14 features. The original Statue of Liberty, unto
15 this day, has chains on her feet to talk about
16 the history that we tried to forget and leave
17 out, which is slavery in this country, where many
18 African-Americans died coming from Africa,
19 through the slave trade, to this country. And
20 the remnants of slavery are still affecting us
21 today.
22 So when we talk about the Statue of
23 Liberty, let's not leave out slavery, because
24 that was a part of the discussion at that time
25 with slavery in this country. The people of
4320
1 color that have suffered more than anybody else
2 in America are African-American blacks under
3 slavery. So as we talk about the story of the
4 Statue of Liberty, we must not forget the
5 hardships that many people of color have suffered
6 in this country from dying across the Atlantic
7 Ocean and to this day still feeling the effects
8 of slavery.
9 So I wish one day we will
10 acknowledge the original Statue of Liberty that
11 had African features, and also not forget that
12 slavery was a part of this country.
13 Thank you very much.
14 ACTING PRESIDENT MARTINS: Senator
15 Savino.
16 SENATOR SAVINO: Thank you,
17 Mr. President.
18 I want to thank my colleague Senator
19 Squadron for bringing this resolution.
20 Like most New Yorkers, we tend to
21 take the Statue of Liberty for granted. If you
22 live close enough to it, you see it every day.
23 In fact, I can see it from the window of my
24 office. People in Lower Manhattan can see it,
25 people in New Jersey can see it, if you're in
4321
1 Brooklyn. You can see it from everywhere. And
2 she is in fact that welcoming symbol of, you
3 know, immigration.
4 In fact she didn't start out that
5 way, as Senator Squadron talked about. She was a
6 symbol of liberty. She was a gift from France.
7 And as most young students in New York, you get
8 to take that trip to the Statue of Liberty when
9 you're in grade school, and you do the tour and
10 you kind of check it off on your bucket list, and
11 you've been there. And then you forget about it.
12 In the last six months, I've had the
13 opportunity to visit the statue twice. I had
14 relatives visiting, once from Italy and once from
15 Scotland, and I took them to the Statue of
16 Liberty and to Ellis Island.
17 And to those of you who haven't had
18 that trip back since you were in grammar school,
19 I encourage you to go back. It is amazing what
20 has happened there in the past 30 years since the
21 centennial, the efforts that have gone into the
22 new museum at the Statue of Liberty. It is an
23 incredible learning experience.
24 And most importantly, the experience
25 at Ellis Island. At this moment in our history,
4322
1 to see where we were in our immigration patterns,
2 it is so profound, because we are in fact
3 reliving many of those things. In good times, we
4 open our doors; in bad times, we tend to shut
5 them hard. We welcome people, we reject them.
6 That is the pattern of this great nation. But we
7 are a -- we will always be that welcoming nation,
8 in spite of what goes on here.
9 And I hope that all of us during
10 this summer take a shot, go down there, get on
11 the boat, go to the Statue of Liberty, see her
12 again for the first time with new eyes, see the
13 new museum, go to Ellis Island, find where your
14 family came from, whether they came here
15 willingly or not, kind of reflect on who we
16 really are as a nation. Take that opportunity.
17 So I want to thank Senator Squadron
18 for reminding us about that great lady in the
19 harbor and what she really means to all of us.
20 ACTING PRESIDENT MARTINS: Thank
21 you, Senator Savino.
22 This resolution was previously
23 adopted on June 15th.
24 Thank you to Senator Squadron for
25 bringing it before us. Certainly appropriate.
4323
1 The resolution is open for
2 cosponsorship. If you do not wish to be a
3 cosponsor, please notify the desk.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Can we open
6 it for cosponsorship, please. Or have you
7 already done that?
8 ACTING PRESIDENT MARTINS: Just did
9 it.
10 SENATOR DeFRANCISCO: Next, if we
11 could take up the noncontroversial reading of
12 today's calendar.
13 ACTING PRESIDENT MARTINS: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 102, by Senator LaValle, Senate Print 218A, an
17 act to amend the Education Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of August.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT GRIFFO: Announce
4324
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 102, those recorded in the negative are
4 Senators Espaillat, Gianaris, Hamilton,
5 Hassell-Thompson, Hoylman, Krueger, Peralta,
6 Perkins, Persaud, Rivera, Sanders, Serrano,
7 Squadron, Stavisky and Stewart-Cousins. Also
8 Senator Breslin.
9 Ayes, 39. Nays, 16.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 120, substituted earlier by Member of the
14 Assembly Garbarino, Assembly Print 9304A, an act
15 granting.
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, 53. Nays, 2.
24 Senators Bonacic and O'Mara recorded in the
25 negative.
4325
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 169, by Senator LaValle, Senate Print 2926B, an
5 act authorizing.
6 ACTING PRESIDENT GRIFFO: There is
7 a home-rule message present at the desk.
8 The Secretary will read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 55.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 170, by Senator LaValle, Senate Print 2928A, an
20 act to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT GRIFFO: There is
22 a home-rule message present at the desk.
23 The Secretary will read the last
24 section.
25 THE SECRETARY: Section 2. This
4326
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 55.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 205, by Senator Nozzolio, Senate Print 1584A, an
10 act to amend the Vehicle and Traffic Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO: Can I
19 have some order, please.
20 Senator Nozzolio will explain his
21 vote.
22 SENATOR NOZZOLIO: Thank you,
23 Mr. President.
24 Mr. President, my colleagues, it's
25 with deep appreciation that I rise to thank you
4327
1 for your support of a measure that will honor our
2 nation's veterans. We can never do enough to
3 honor those who sacrifice much to ensure that our
4 nation remain free.
5 In a broader sense, I wish to thank
6 my colleagues for your work on behalf of the
7 people that you represent in this great chamber.
8 Our work together collectively is extremely
9 challenging, and I have been honored for the last
10 24 years by my constituents to come to this
11 chamber to represent their interests in front of
12 you. And I've enjoyed that honor tremendously.
13 We all work hard to ensure,
14 regardless of what side of the aisle you're on,
15 to ensure that the citizens you represent have
16 advocacy to enhance their lives. Whether it be
17 legislation in this chamber, whether it be
18 working on their behalf in your districts, it's a
19 very noble endeavor, and I am honored to have
20 been with you in working on behalf of the people
21 we serve.
22 I couldn't help but admire the words
23 of Senator Squadron earlier today. He and I have
24 been frequent adversaries in a principled, almost
25 happy way. That as the ranking member of the
4328
1 Senate Codes Committee, the meetings are long
2 because his debates are long. I think he comes
3 under the Senator Krueger school of questioning.
4 (Laughter.)
5 SENATOR NOZZOLIO: And his advocacy
6 on behalf of what he believes in and his
7 constituents believe in, I believe helped us
8 forge a better product that the Codes Committee
9 produced on behalf of the citizens of this state.
10 But his eloquence in speaking of the
11 Statue of Liberty, the 130th anniversary of the
12 most iconic symbol we have -- not only in our
13 state, but all our nation -- is something that
14 moved me greatly.
15 Because that Statue of Liberty, the
16 symbol of liberty and freedom that is a New York
17 national symbol, is the first thing my father
18 saw, my dad saw, as Senator Squadron's
19 grandparents saw, when my father came to this
20 nation from his home country, from Sparanise,
21 Italy, on board ship to come to America as a
22 young boy. His dad had come a few years earlier,
23 and he hadn't seen his father for those years.
24 And his father was waiting for them in New York
25 City when he got off the ship.
4329
1 But the thing that Dad told me, my
2 father, Alberto Nozzolio, told me, that the first
3 thing he remembers was seeing that Statue of
4 Liberty. Little did he ever realize, I believe,
5 that his son would become a New York State
6 legislator -- a New York State Assemblyman, a
7 New York State Senator -- for 34 years.
8 And I thank Senator Squadron for
9 recognizing that symbol. Lady Liberty adorns us
10 each and every day in our state seal. One
11 hundred years before the Statue of Liberty came
12 to our harbor, the founding principles of our
13 state show Lady Liberty as a symbol for our state
14 seal, 100 years before the Statue of Liberty came
15 to our harbor.
16 Thank you for your indulgences in
17 letting me make these remarks. And thank you
18 again for your service.
19 I wish to conclude, Mr. President,
20 with my favorite quotation from the United States
21 Supreme Court, one I often share with students --
22 and maybe the not-so-young -- about the beauties
23 of our nation and how I respect the office that
24 we serve in. Justice Brandeis said that in these
25 United States, the highest public office is that
4330
1 of private citizen.
2 And that has been my watchword,
3 Mr. President, in representing the citizens I
4 serve, that my office, as an Assemblyman and as a
5 Senator, was not the highest office of this land.
6 The highest office of this land is private
7 citizen. And in a few months I'll be joining and
8 moving to that highest office.
9 But before I do, I wish to tell you
10 how much I am honored by knowing my colleagues
11 and working with them. It is indeed the highest
12 honor that we can enjoy in this state, is serving
13 in the New York State Senate.
14 Thank you, Mr. President.
15 ACTING PRESIDENT GRIFFO: Thank
16 you, Senator Nozzolio. You'll be recorded in the
17 affirmative.
18 And we thank you again for your
19 service.
20 (Standing ovation.)
21 ACTING PRESIDENT GRIFFO: Announce
22 the results.
23 THE SECRETARY: Ayes, 58.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4331
1 THE SECRETARY: Calendar Number
2 211, substituted earlier by Member of the
3 Assembly Kearns, Assembly Print 8548A, an act to
4 amend the Highway Law.
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, 58.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 269, substituted earlier by Member of the
17 Assembly Lavine, Assembly Print 8621B, an act
18 authorizing.
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.)
4332
1 THE SECRETARY: Ayes, 56. Nays, 2.
2 Senators Bonacic and O'Mara recorded in the
3 negative.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 273, by Senator Nozzolio, Senate Print 1954A, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 280, substituted earlier by Member of the
21 Assembly Woerner, Assembly Print 8595A, an act to
22 amend the Vehicle and Traffic Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4333
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 286, substituted earlier by Member of the
10 Assembly Gottfried, Assembly Print 9335B, an act
11 to amend the Public Health Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 294, by Senator Bonacic, Senate Print 1597A, an
24 act to amend the Civil Practice Law and Rules.
25 ACTING PRESIDENT GRIFFO: Read the
4334
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 58.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 319, substituted earlier by Member of the
12 Assembly Perry, Assembly Print 4910A, an act to
13 amend the Labor 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, 58.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 327, substituted earlier by Member of the
4335
1 Assembly Thiele, Assembly Print 5244A, an act to
2 amend the Town 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, 57. Nays, 1.
11 Senator Espaillat recorded in the negative.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 333, substituted earlier by Member of the
16 Assembly Ramos, Assembly Print 9135B, an act to
17 authorize.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57. Nays, 1.
4336
1 Senator Bonacic recorded in the negative.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: In relation to
5 Calendar 333: Ayes, 56. Nays, 2. Senators
6 Bonacic and O'Mara recorded in the negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 340, by Senator Ortt, Senate Print 3660, an act
11 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 immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GRIFFO: Senator
20 Krueger to explain her vote.
21 SENATOR KRUEGER: Good morning,
22 Mr. President. Thank you.
23 You know, I completely agree with
24 the sponsor's intention with the legislation to
25 secure and protect the parental rights for people
4337
1 with developmental disabilities. But after
2 having read an extremely long and detailed legal
3 document about how the law got to where it was
4 and how the existing law actually protects the
5 rights the sponsor wants to protect, I realize
6 that the unintended consequence of this
7 legislation would actually be to take away
8 protections that exist in law already.
9 So I'm not opposed to the intention
10 of this bill, but the unintended consequences
11 would do the reverse. Which is why I'm voting
12 no, Mr. President.
13 Thank you.
14 ACTING PRESIDENT GRIFFO: Senator
15 Krueger to be recorded in the negative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 340, those recorded in the negative are
19 Senators Carlucci, Hassell-Thompson, Hoylman,
20 Klein, Krueger, Perkins, Rivera, Savino and
21 Squadron.
22 Ayes, 49. Nays, 9.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4338
1 342, substituted earlier by Member of the
2 Assembly Buchwald, Assembly Print 9759, an act to
3 amend the Family Court Act.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 6. This
7 act shall take effect on the 90th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 395, substituted earlier by Member of the
16 Assembly Barrett, Assembly Print 2370B, an act to
17 amend the General Municipal Law.
18 ACTING PRESIDENT GRIFFO: There is
19 a home-rule message present at the desk.
20 The Secretary will read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4339
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 490, by Senator Young, Senate Print 3671A, an act
7 to amend the Criminal Procedure Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 120th day.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT GRIFFO: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 490, those recorded in the negative are
19 Senators Dilan, Hamilton, Hassell-Thompson,
20 Krueger, Perkins, Rivera and Squadron.
21 Ayes, 51. Nays, 7.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 502, by Senator Marchione, Senate Print 5792B, an
4340
1 act to amend the Criminal Procedure Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 4. 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, 58.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 553, substituted earlier by Member of the
14 Assembly Abbate, Assembly Print 9440, an act to
15 amend the Retirement and Social Security Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57. Nays, 1.
24 Senator Little recorded in the negative.
25 ACTING PRESIDENT GRIFFO: The bill
4341
1 is passed.
2 THE SECRETARY: Calendar Number
3 558, by Senator Lanza, Senate Print 2824, an act
4 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, 58.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 573, by Senator Little, Senate Print 1078, an act
17 to amend the Executive 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 ACTING PRESIDENT GRIFFO: Announce
4342
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 573, those recorded in the negative are
4 Senators Addabbo, Avella, Carlucci, Dilan,
5 Espaillat, Gianaris, Hamilton, Hassell-Thompson,
6 Hoylman --
7 (Pause.)
8 ACTING PRESIDENT GRIFFO: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: Would you
11 withdraw the roll call and lay it aside
12 temporarily, please.
13 ACTING PRESIDENT GRIFFO: The roll
14 will be withdrawn, and the bill will be laid
15 aside temporarily.
16 The Secretary will continue.
17 THE SECRETARY: Calendar Number
18 627, substituted earlier by Member of the
19 Assembly Hunter, Assembly Print 8699, an act to
20 amend Chapter 266 of the Laws of 1981.
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
4343
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Senator
4 Hoylman to explain his vote.
5 SENATOR HOYLMAN: Thank you so
6 much, Mr. President.
7 I wanted to thank the sponsor for
8 this bill that would allow our Vietnam vets a
9 two-year look-back window to file civil lawsuits
10 because they've been exposed to Agent Orange
11 and a whole host of maladies in the process,
12 including multiple myeloma, non-Hodgkin's
13 lymphoma, Parkinson's disease and other
14 illnesses.
15 Extending the statute of limitations
16 and having a look-back window is controversial,
17 though, in this chamber. I just wanted to read a
18 couple of quotes briefly from our friends across
19 the aisle.
20 "What I know, unfortunately, about
21 people, especially when it comes to bringing
22 lawsuits, is people lie about anything when money
23 is involved."
24 "The purpose of the statute of
25 limitations is to make sure that the proceeding
4344
1 is fair. There has to be some kind of statute of
2 limitations. I do not think you should eliminate
3 the statute of limitations going forward for
4 every single case or allow people to sue someone
5 forever."
6 I wish that our friends across the
7 aisle would feel the same about the statute of
8 limitations for victims of child sexual abuse.
9 Those comments were not about this bill but about
10 the Child Victims Act, which would allow one year
11 for survivors of child sexual abuse to file civil
12 lawsuits, have their day in court -- just like
13 we're allowing our proud Vietnam veterans to have
14 their day in court.
15 Just as Vietnam veterans were
16 exposed to Agent Orange through no fault of their
17 own, we have kids who are exposed to predators
18 through no fault of their own. So I hope this
19 chamber takes up the Child Victims Act before
20 it's too late, and I'll be voting in the
21 affirmative.
22 Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Hoylman to be recorded in the affirmative.
25 Announce the results.
4345
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 656, by Senator Gallivan, Senate Print 6669A, an
6 act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 3. 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
18 680, by Senator Little, Senate Print 1211, an act
19 to amend the Agriculture and Markets Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4346
1 (The Secretary called the roll.)
2 ACTING PRESIDENT GRIFFO: This is
3 Calendar Number 680.
4 Will those in the negative please
5 raise your hand again, please.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 680, those recorded in the negative are
9 Senators Addabbo, Avella, Breslin, Carlucci,
10 Comrie, Dilan, Espaillat, Gianaris, Hamilton,
11 Hassell-Thompson, Hoylman, Kaminsky, Kennedy,
12 Klein, Krueger, Latimer, Montgomery, Panepinto,
13 Peralta, Perkins, Persaud, Rivera, Sanders,
14 Savino, Serrano, Squadron, Stavisky and
15 Stewart-Cousins.
16 Ayes, 33. Nays, 28.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 692, by Senator Croci, Senate Print 6048, an act
21 to amend the Iran Divestment Act of 2012.
22 ACTING PRESIDENT GRIFFO: May I
23 have some order in the chamber, please.
24 The Secretary will read the last
25 section.
4347
1 THE SECRETARY: Section 8. 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: Senator
7 Croci to explain his vote.
8 SENATOR CROCI: Thank you,
9 Mr. President.
10 The fundamental -- anybody who's
11 been a negotiator or gone to law school knows
12 that the fundamental component to a good
13 successful negotiation is that both parties are
14 bargaining in good faith.
15 Since 1979, the regime in Iran has
16 not been bargaining with the United States of
17 America in good faith. The nuclear agreement
18 that was reached in 2015 will eventually, I
19 believe, be viewed as a mistake in our history.
20 I think recent indications suggest that the
21 regime in Iran is not negotiating in good faith,
22 and New York State should not be sending tax
23 dollars to that regime or supporting the
24 activities, particularly when Hezbollah, Hamas,
25 and other terrorist organizations are running
4348
1 around the world killing Americans and
2 Westerners.
3 I compliment the Comptroller,
4 Tom DiNapoli. Without this legislation, he has
5 already said that our pension funds will not be
6 invested in companies that do business with Iran.
7 So even without this law, the Comptroller took
8 the initiative, and I want to compliment him on
9 that.
10 And I will be voting aye on this
11 important legislation protecting not only
12 Americans but our allies overseas.
13 Thank you, Mr. President.
14 ACTING PRESIDENT GRIFFO: Senator
15 Croci to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 60. Nays, 1.
18 Senator Perkins recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 698, substituted earlier by Member of the
23 Assembly Lentol, Assembly Print 1719C, an act to
24 amend the Administrative Code of the City of
25 New York.
4349
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: Ayes, 60. Nays, 1.
8 Senator DeFrancisco recorded in the negative.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: In relation to
12 Calendar 698: Ayes, 59. Nays, 2. Senators
13 DeFrancisco and Krueger recorded in the negative.
14 ACTING PRESIDENT GRIFFO: Together
15 again.
16 (Laughter.)
17 ACTING PRESIDENT GRIFFO: The bill
18 passes.
19 THE SECRETARY: Calendar Number
20 725, substituted earlier by Member of the
21 Assembly Fahy, Assembly Print 3330, an act to
22 repeal.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4350
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
9 743, by Senator Young, Senate Print 7023, an act
10 to amend the Retirement and Social Security 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
22 758, by Senator Ritchie, Senate Print 6805, an
23 act to amend the Agriculture and Markets Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4351
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 Espaillat recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 808, by Senator Lanza, Senate Print 3471, an act
12 to amend the Tax 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, 60. Nays, 1.
21 Senator Perkins recorded in the negative.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 810, by Senator DeFrancisco, Senate Print 6315A,
4352
1 an act to amend the State Finance Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GRIFFO: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 810, those recorded in the negative are
13 Senators Krueger, Perkins and Seward.
14 Ayes, 58. Nays, 3.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 860, by Senator Little, Senate Print 1853A, an
19 act to amend the Labor 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.
4353
1 (The Secretary called the roll.)
2 ACTING PRESIDENT GRIFFO: Senator
3 Little to explain her vote.
4 SENATOR LITTLE: Thank you,
5 Mr. President.
6 I'd also like to thank all of those
7 who are supporting this piece of legislation.
8 This legislation helps our farmers
9 in New York State, those fruit and vegetable
10 farmers who bring in H-2A workers to their farm
11 for a period sometimes to two to five to six to
12 eight weeks.
13 This legislation will fix a
14 significant loophole with New York's Labor Law.
15 New York State requires that these farmers with
16 the H-2A workers collect unemployment insurance
17 on these workers, even though the federal
18 government says no. So they have to collect
19 unemployment insurance on workers who, according
20 to H-2A, are temporary workers, they must return
21 to their country as soon as their job is over,
22 and they will never in their lifetime be eligible
23 for unemployment.
24 And yet this is an extra expense
25 that goes on for our farmers in New York State,
4354
1 making their business a little more difficult for
2 them to be competitive with other states.
3 The farmworkers do return, there's a
4 lot that goes on, they pay adverse-impact wages
5 to them. And they do a great job, and they
6 provide workers when a farmer cannot find another
7 worker.
8 It is true, though, that when they
9 bring in the H-2A workers, if a local person
10 shows up and wants to do that job, they must be
11 hired. So they're not replacing them. It's not
12 costing the worker any additional funds at all.
13 But it is helping our farmers.
14 And I thank all of those who support
15 this bill. It will help our farmers.
16 Thank you.
17 ACTING PRESIDENT GRIFFO: Senator
18 Little to be recorded in the affirmative.
19 Senator Espaillat to explain his
20 vote.
21 SENATOR ESPAILLAT: Thank you,
22 Mr. President. On the bill, to explain my vote.
23 I will be voting in the negative.
24 This is, again, one of those handsome benefits
25 that we give the farm industry. And they
4355
1 continue to perpetrate what I consider to be the
2 last residue of Jim Crow laws right here in
3 upstate.
4 And so although the farm industry
5 got some very good benefits when we extended the
6 minimum wage to farmworkers -- at a different
7 level in some regions, as we apply the law --
8 they got some very handsome benefits to do that.
9 And in addition to that, they want, of course,
10 now not to be able to pay unemployment benefits
11 for people that pick the products that we put on
12 our table to eat every night, that we eat right
13 there in the members' lounge, that the Governor
14 eats in his mansion, and that we all eat as
15 families across the State of New York.
16 This is a travesty. We should vote
17 no on this.
18 ACTING PRESIDENT GRIFFO: Senator
19 Espaillat to be recorded in the negative.
20 Senator Savino to explain her vote.
21 SENATOR SAVINO: Thank you,
22 Mr. President.
23 First, I want to commend Senator
24 Little for putting forward a bill that does make
25 some sense. She's technically right.
4356
1 Unfortunately, I'm going to vote no
2 on this bill -- not because I don't understand
3 what she's trying to accomplish, because she is
4 technically correct.
5 But this bill and the issue that
6 Senator Espaillat raises has been kicking around
7 this Legislature for I can't tell you how many
8 years. There's been any number of members of
9 this Senate that have carried a bill to address
10 this Jim Crow-era mistake, this injustice that
11 affects farmworkers in this state since its
12 inception.
13 Senator Flanagan's carried a bill on
14 Farmworkers Bill of Rights, Senator Marcellino.
15 Senator Bruno passed a bill on this floor when
16 Senator Mendez was here. I've carried a version,
17 Senator Espaillat, Senator Peralta, Senator
18 Onorato when he was here. Any number of us have
19 attempted to negotiate this.
20 Four years ago, Senator Espaillat
21 and myself sat down with the Farm Bureau and
22 offered them a modified version of a Farmworkers
23 Bill of Rights that took away the things that
24 they were most concerned about, eliminated the
25 issue of collective bargaining rights that they
4357
1 claim to be most afraid of. We offered them a
2 60-hour work week before overtime. We offered
3 them the opportunity to eliminate payment for
4 overtime because these workers don't qualify for
5 it. We offered them all of the things we thought
6 would make sense; they rejected it.
7 So let them come to the table and
8 negotiate again. They shouldn't get a benefit
9 without the willingness to negotiate on behalf of
10 working people.
11 So unfortunately, Senator Little --
12 I understand what you're trying to do. I agree
13 with you in theory. But I think it's time for
14 them to finally come in and sit down and do the
15 right thing and work with people who are willing
16 to recognize the difficulty of running a farm,
17 really running a farm -- not looking to do harm
18 to them, but to create a profound improvement in
19 the lives of farmworkers and not create an
20 unnecessary, unwieldy process that we all
21 recognize doesn't work for the farming industry.
22 Unfortunately, I have to vote in the
23 negative.
24 ACTING PRESIDENT GRIFFO: Senator
25 Savino to be recorded in the negative.
4358
1 Senator Panepinto to explain his
2 vote.
3 SENATOR PANEPINTO: Yes, in 1936
4 the United States passed the National Labor
5 Relations Act, which, you know, allowed workers
6 across the country to organize. We exempted from
7 that legislation domestic people and farmworkers.
8 And so here we are 80 years later, and in New
9 York State farmworkers don't have the right to
10 organize and collectively bargain.
11 I appreciate the work that the
12 farmers in this state do. It's a $6 billion
13 industry. I'm the ranking Democrat on the
14 Agriculture Committee, and I was dismayed by
15 their opposition this year to raising the minimum
16 wage because it was disingenuous. We raised the
17 minimum wage upstate, but they're already paying
18 $12.36 an hour.
19 And so I understand the technical
20 change Senator Little wants to make. I support
21 that change. But it should be part of a
22 comprehensive bargaining. And we've waited too
23 long in this state to allow farmworkers to
24 organize. And as a former union organizer and
25 somebody that's fought for working people my
4359
1 entire life, we in New York State need to address
2 the Farmworkers Bill of Rights. I'll be voting
3 no on this legislation.
4 ACTING PRESIDENT GRIFFO: Senator
5 Panepinto to be recorded in the negative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 860, those recorded in the negative are
9 Senators Addabbo, Avella, Breslin, Carlucci,
10 Comrie, Dilan, Espaillat, Gianaris, Hamilton,
11 Hassell-Thompson, Hoylman, Kaminsky, Kennedy,
12 Klein, Krueger, Latimer, Montgomery, Panepinto,
13 Peralta, Perkins, Persaud, Rivera, Sanders,
14 Savino, Serrano, Squadron, Stavisky and
15 Stewart-Cousins.
16 Ayes, 33. Nays, 28.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 875, by Senator Savino, Senate Print 5359A, an
21 act to amend the Retirement and Social Security
22 Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 3. This
4360
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59. Nays, 2.
6 Senators DeFrancisco and Ortt recorded in the
7 negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 918, by Senator Golden, Senate Print 6908, an act
12 to amend the Education Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 3. 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, 60. Nays, 1.
21 Senator DeFrancisco recorded in the negative.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 925, by Senator LaValle, Senate Print 4969B, an
4361
1 act to amend the Education 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
13 986, by Senator O'Mara, Senate Print 4242, an act
14 to amend the Environmental Conservation Law.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT GRIFFO: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar 986, those recorded in the negative are
4362
1 Senators Addabbo, Avella, Breslin, Carlucci,
2 Comrie, Dilan, Espaillat, Gianaris, Hamilton,
3 Hassell-Thompson, Hoylman, Kaminsky, Kennedy,
4 Klein, Krueger, Latimer, Montgomery, Panepinto,
5 Peralta, Perkins, Persaud, Rivera, Sanders,
6 Savino, Serrano, Squadron, Stavisky,
7 Stewart-Cousins and Valesky.
8 Ayes, 32. Nays, 29.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1051, by Senator LaValle, Senate Print 1595A, an
13 act to amend the Environmental Conservation 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: In relation to
22 Calendar 1051, those recorded in the negative are
23 Senators Akshar, DeFrancisco, Gallivan, Hoylman,
24 Marchione, Ranzenhofer and Seward. Also Senator
25 Squadron. Also Senator Avella.
4363
1 Ayes, 52. Nays, 9.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1077, substituted earlier by Member of the
6 Assembly Rosenthal, Assembly Print 1047, an act
7 to amend the General Business 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 1093, substituted earlier by Member of the
20 Assembly Cymbrowitz, Assembly Print 8228A, an act
21 to amend the Real Property Tax Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4364
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 1111, by Senator Ritchie, Senate Print 7180A, an
9 act to amend the Vehicle and Traffic 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, 60. Nays, 1.
18 Senator Espaillat recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1137, by Senator Lanza, Senate Print 2545D, an
23 act to amend the Public Health Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4365
1 THE SECRETARY: Section 3. This
2 act shall take effect April 1, 2017.
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 1170, by Senator Golden, Senate Print 3459, an
11 act to amend the Social Services Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar 1170, those recorded in the negative are
21 Senators Gianaris, Hoylman, Klein, Savino and
22 Squadron. Also Senator DeFrancisco. Also
23 Senator Perkins.
24 Ayes, 54. Nays, 7.
25 ACTING PRESIDENT GRIFFO: The bill
4366
1 is passed.
2 THE SECRETARY: Calendar Number
3 1178, substituted earlier by the Assembly
4 Committee on Rules, Assembly Print 10547, an act
5 to amend the Local Finance Law.
6 ACTING PRESIDENT GRIFFO: There is
7 a home-rule message present at the desk.
8 The Secretary will read the last
9 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 1213, by Senator Bonacic, Senate Print 1604, an
20 act to amend the Education Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 120th day.
25 ACTING PRESIDENT GRIFFO: Call the
4367
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 1213, those recorded in the negative are
7 Senators Addabbo, Breslin, Comrie, Croci, Dilan,
8 Espaillat, Gianaris, Hamilton, Hassell-Thompson,
9 Hoylman, Kaminsky, Kennedy, Krueger, Latimer,
10 Montgomery, Panepinto, Peralta, Perkins, Persaud,
11 Ranzenhofer, Rivera, Sanders, Serrano, Squadron,
12 Stavisky, Stewart-Cousins and Young.
13 Ayes, 34. Nays, 27.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1289, by Senator Martins, Senate Print 1257, an
18 act to amend the Real Property Tax Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
4368
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1310, substituted earlier by Member of the
6 Assembly Otis, Assembly Print 10022, an act to
7 amend Chapter 618 of the Laws of 1998.
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 1317 --
20 SENATOR DeFRANCISCO: Lay it aside
21 temporarily, please.
22 ACTING PRESIDENT GRIFFO: Calendar
23 1317 will be laid aside temporarily.
24 THE SECRETARY: Calendar Number
25 1321, by Senator Avella, Senate Print 6535, an
4369
1 act authorizing.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60. Nays, 1.
10 Senator DeFrancisco recorded in the negative.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1331, substituted earlier by Member of the
15 Assembly Brennan, Assembly Print 10365B, an act
16 to amend the Not-for-Profit Corporation Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 21. This
20 act shall take effect on the 180th 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
4370
1 is passed.
2 THE SECRETARY: Calendar Number
3 1345, by Senator O'Mara, Senate Print 7789, an
4 act to amend the Environmental Conservation Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 4. 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 1356, substituted earlier by Member of the
17 Assembly Lupardo, Assembly Print 9614A, an act to
18 amend the Executive Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 90th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
4371
1 THE SECRETARY: Ayes, 60. Nays, 1.
2 Senator Bonacic recorded in the negative.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1361, substituted earlier by Member of the
7 Assembly Palmesano, Assembly Print 10214D, an act
8 to amend the Real Property Tax Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of January.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60. Nays, 1.
17 Senator Hamilton recorded in the negative.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1387, by Senator Croci, Senate Print 3140A, an
22 act to amend the Vehicle and Traffic Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4372
1 act shall take effect on the first of November.
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 1390, by Senator Ortt, Senate Print 3624B, an act
10 to amend the Public Authorities Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first of January.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT GRIFFO: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 1390, those recorded in the negative are
22 Senators Comrie, Dilan, Espaillat,
23 Hassell-Thompson, Hoylman, Krueger, Panepinto,
24 Perkins, Rivera, Serrano and Squadron. Also
25 Senator Hamilton.
4373
1 Ayes, 49. Nays, 12.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1392, by Senator Venditto, Senate Print 3823B, an
6 act to authorize.
7 ACTING PRESIDENT GRIFFO: There is
8 a home-rule message at the desk.
9 The Secretary will read the last
10 section.
11 THE SECRETARY: Section 6. 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 1398, by Senator Nozzolio, Senate Print 6660, an
21 act to amend the Penal Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect on the 180th day.
4374
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT GRIFFO: Senator
5 Krueger to explain her vote.
6 SENATOR KRUEGER: Thank you,
7 Mr. President.
8 Like a previous bill we saw on this
9 floor, I have to argue against this bill and urge
10 my colleagues to vote no.
11 Yet again, the organizations that
12 provide domestic violence assistance in this
13 state and in fact throughout the nation have
14 taken the position that these registries have
15 dangerous, unintended consequences that thwart
16 their ability to achieve the desired and intended
17 outcome of increasing victim safety and offender
18 accountability.
19 There is so much more we can and
20 should be doing to prevent domestic violence.
21 And I know that Senator Nozzolio, the sponsor,
22 feels passionately about this issue. And perhaps
23 in the future, as a private citizen, we can work
24 together to come to -- as he is a private
25 citizen, excuse me. I might be too, who knows --
4375
1 we can work together on this issue.
2 Thank you. I am voting no,
3 Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Krueger to be recorded in the negative.
6 Announce the results.
7 THE SECRETARY: In relation to
8 Calendar 1398, those recorded in the negative are
9 Senators DeFrancisco, Hassell-Thompson, Hoylman,
10 Krueger, Montgomery, Panepinto, Peralta, Perkins,
11 Rivera, and Squadron. Also Senator Hamilton.
12 Ayes, 50. Nays, 11.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1413, by Senator LaValle, Senate Print 17B, an
17 act to amend the Education 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 ACTING PRESIDENT GRIFFO: Announce
4376
1 the results.
2 THE SECRETARY: In relation to
3 Calendar 1413, those recorded in the negative are
4 Senators Breslin, Comrie, Dilan, Espaillat,
5 Gianaris, Hamilton, Hassell-Thompson, Hoylman,
6 Kaminsky, Krueger, Latimer, Montgomery,
7 Panepinto, Peralta, Perkins, Persaud, Rivera,
8 Sanders, Serrano, Squadron, Stavisky and
9 Stewart-Cousins.
10 Ayes, 39. Nays, 22.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1521, by Senator LaValle, Senate Print 228, 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 on the 120th day.
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.
4377
1 THE SECRETARY: Calendar Number
2 1529, by Senator Bonacic, Senate Print 1633, an
3 act to amend the County 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 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1556, substituted earlier by Member of the
16 Assembly DenDekker, Assembly Print 4106, an act
17 to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of January.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59. Nays, 2.
4378
1 Senators Perkins and Serino recorded in the
2 negative.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1592, by Senator Farley, Senate Print 7973A, an
7 act to amend the Public Authorities Law.
8 ACTING PRESIDENT GRIFFO: There is
9 a home-rule message at the desk.
10 The Secretary will read the last
11 section.
12 THE SECRETARY: Section 5. 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 1651, by the Senate Committee on Rules, Senate
22 Print 7592, an act to authorize.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4379
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT GRIFFO: Senator
6 Squadron to explain his vote.
7 SENATOR SQUADRON: Senator Rules
8 gets another bill here on the last day of
9 session, another lack of ability for the public
10 or colleagues or the media to know who's
11 sponsoring this bill and why this bill in
12 particular has a number of specific questions
13 related to it.
14 I'm going to be voting no. I would
15 apologize to Senator Rules, but of course Senator
16 Rules is not present today.
17 I'm a no, Mr. President.
18 ACTING PRESIDENT GRIFFO: Senator
19 Squadron to be recorded in the negative.
20 Hands up again, please.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar 1651, those recorded in the negative are
24 Senators Avella, Bonacic, Breslin, Carlucci,
25 Comrie, Dilan, Espaillat, Gianaris, Hamilton,
4380
1 Hassell-Thompson, Hoylman, Kennedy, Klein,
2 Krueger, Latimer, Montgomery, O'Mara, Panepinto,
3 Peralta, Perkins, Persaud, Ranzenhofer, Rivera,
4 Sanders, Savino, Serrano, Squadron, Stavisky and
5 Stewart-Cousins.
6 Ayes, 32. Nays, 29.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1658, by Senator Ortt, Senate Print 7751,
11 Concurrent Resolution of the Senate and Assembly.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll on the resolution.
14 SENATOR GIANARIS: Lay it aside.
15 ACTING PRESIDENT GRIFFO: Lay it
16 aside.
17 THE SECRETARY: Calendar Number
18 1750, by Senator Avella, Senate Print 8095, an
19 act to 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.
4381
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 1751, by Senator Klein, Senate Print 8102, an act
7 to amend the General Business Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 11. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT GRIFFO: Senator
16 Akshar to explain his vote.
17 SENATOR AKSHAR: Thank you,
18 Mr. President.
19 I think the bill is well-intended.
20 However, I think it's much too broad. Upstate
21 employers, chambers of commerce, they rely on
22 cross-border economy, especially upstate in the
23 area that I represent. And employers upstate are
24 certainly using placement agencies to find
25 talented and good employees.
4382
1 And I think that this bill is
2 addressing a problem that's probably very real in
3 New York City. I'm sure there's bad actors
4 there. And I think that this bill, again, is
5 just too broad, it's overreaching, and it's going
6 to have an adverse effect on the upstate economy.
7 It's for that reason that I vote no.
8 ACTING PRESIDENT GRIFFO: Senator
9 Akshar to be recorded in the negative.
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar 1751, those recorded in the negative are
13 Senators Akshar, Amedore, Croci, DeFrancisco,
14 Funke, Gallivan, Griffo, Little, O'Mara, Ortt,
15 Ranzenhofer, Robach, Serino and Young. Also
16 Senator Marchione. Also Senator Seward. Also
17 Senator Farley. Also Senator LaValle.
18 Ayes, 44. Nays, 18.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1764, by Senator Felder, Senate Print 4430D, an
23 act to amend the Public Health Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4383
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 30th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: Senator
7 Krueger to explain her vote.
8 SENATOR KRUEGER: Thank you. I
9 rise to thank Senator Felder for this bill.
10 I think it's an important protection
11 for people's rights, even if they have passed and
12 there is no one to claim their body. You should
13 be able to ensure that your body is not violated
14 after death if there's no one there to speak for
15 you.
16 Thank you, Senator Felder.
17 ACTING PRESIDENT GRIFFO: Senator
18 Krueger, is that an affirmative?
19 SENATOR KRUEGER: Yes.
20 ACTING PRESIDENT GRIFFO: Senator
21 Krueger to be recorded in the affirmative.
22 THE SECRETARY: Ayes, 61. Nays, 1.
23 Senator Ranzenhofer recorded in the negative.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4384
1 THE SECRETARY: Calendar Number
2 1780, by Senator O'Mara, Senate Print 7103C, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the 60th day.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1796, by Senator Croci, Senate Print 7927, an act
16 to amend Chapter 719 of the Laws of 1982.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 3. 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. Nays, 1.
25 Senator Boyle recorded in the negative.
4385
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1806, by Senator Croci, Senate Print 8103, an act
5 authorizing.
6 ACTING PRESIDENT GRIFFO: There is
7 a home-rule message at the desk.
8 The Secretary will read the last
9 section.
10 THE SECRETARY: Section 7. 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, 62.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1823, by Senator Griffo, Senate Print 7325B, an
20 act to establish.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
4386
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1843, by Senator Felder, Senate Print 8018, an
8 act to amend the Private --
9 SENATOR DeFRANCISCO: Lay the bill
10 aside for the day, please.
11 ACTING PRESIDENT GRIFFO: Lay it
12 aside for the day.
13 THE SECRETARY: Calendar Number
14 1856, by Senator Savino, Senate Print 8097, an
15 act to amend the Alcoholic Beverage Control Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Can I
21 have some order in the house, first.
22 Call the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Savino to explain her vote.
4387
1 SENATOR SAVINO: Thank you,
2 Mr. President.
3 This bill would allow New York
4 theaters, movie theaters, for the first time to
5 be able to serve beer, wine and liquor in
6 New York State.
7 This is another example of some of
8 the antiquated Blue Laws that have been in place
9 since Prohibition. Many other states already
10 permit the service of beer, wine and liquor in
11 movie theaters. New York permits limited --
12 ACTING PRESIDENT GRIFFO: Can I
13 have some order in the house, please, so we can
14 hear Senator Savino explain her vote.
15 SENATOR SAVINO: Thank you.
16 New York permits limited alcohol
17 sales, but only in conjunction with full food
18 service in movie theaters, which includes tables
19 and wait staff.
20 This bill would bring New York in
21 line with several other states and allow the
22 limited sale of alcohol at movie theaters.
23 Our movie theater industry in
24 New York has seen significant challenges and
25 changes in recent years. They have to fight
4388
1 against piracy and compete with new streaming
2 services. Also, the availability of
3 large-screen, high-definition home entertainment
4 systems makes going to the movie theaters less
5 compelling.
6 Movie theaters are therefore looking
7 for ways to make going to the movies more of an
8 appealing and special experience. Providing the
9 service of alcohol at the movies is one of those
10 ways.
11 This bill could also provide
12 significant economic benefits in the form of tax
13 dollars and investment in New York State. It's
14 estimated that roughly $2 million in taxes and
15 fees could be collected for the state with this.
16 Also, renovations, remodels and construction will
17 result as many theaters will build out their
18 facilities to accommodate alcohol service.
19 This bill has many safeguards and
20 limitations for those who are concerned. Movie
21 theaters would, of course, have to apply to the
22 state for a liquor license. Purchasers would be
23 required to provide written proof of age. Only
24 one alcoholic beverage could be bought per
25 transaction. Alcohol sales would be limited to
4389
1 one hour prior to the first movie until the end
2 of the final movie. Only theaters open at least
3 five days a week or on a regular seasonal basis
4 of no less than six contiguous weeks, with
5 permanent seating, could apply.
6 And a municipality has to be
7 notified of any application within its borders
8 and may express an opinion to the state whether
9 good cause exists to deny the application. And
10 as, of course, with liquor licenses, an
11 application may always be denied.
12 So I urge all of my colleagues to
13 eradicate another vestige of the Blue Laws and
14 bring New York into the modern age and join the
15 other states around us and allow us to have a
16 drink when we go to the movies.
17 I vote in the affirmative. Thank
18 you, Mr. President.
19 ACTING PRESIDENT GRIFFO: Senator
20 Savino to be recorded in the affirmative.
21 I thought maybe we can could convert
22 the chamber to a movie theater.
23 (Laughter.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Savino is to be recorded in the affirmative.
4390
1 Senator Kaminsky to explain his
2 vote.
3 SENATOR KAMINSKY: Thank you,
4 Mr. President.
5 I rise to express my trouble with
6 this bill. I believe that we are constantly
7 shrinking the safe spaces we have for our young
8 people to be able to make decisions without
9 having substances and alcohol always put in their
10 face.
11 You know, we have an addiction, we
12 have a substance abuse problem in this country,
13 and I believe the decisions that -- the messages
14 that we send out as a society matter. The
15 decisions that we tell our young people that they
16 have to make all the time are troubling: You
17 can't have a good time without alcohol, you can't
18 sit through a movie without alcohol, every place
19 you go, someone has to have alcohol.
20 These things matter. Advertising
21 matters. Having alcohol around matters. And we
22 constantly are shrinking the spaces where our
23 young people are able to have a good time without
24 having this thrust in front of their face.
25 Now the Starbucks in my community is
4391
1 going to be selling alcohol. The places where
2 you can even study with friends and there's no
3 alcohol seem to be diminishing.
4 The statistics bear this out. If a
5 child begins drinking by age 15, they're
6 40 percent more likely to develop a problem with
7 alcohol and/or other drugs than someone who waits
8 till later in life. And research from the
9 Johns Hopkins School of Public Health tells us
10 that the more places to purchase alcohol in a
11 community, the more underage drinking there is.
12 And there's a direct connection between the
13 amount of advertising you see and the amount of
14 drinking you do.
15 And of course we know that addiction
16 is a brain disease that can begin in adolescence.
17 And 5,000 children under 21 die each year of
18 alcohol-related illnesses. We need to be
19 thinking of ways to be protecting our children.
20 Sitting in a movie theater, even if you're an
21 adult, and there's a kid down the row watching
22 you drink alcohol, sends a bad message. And of
23 course if we think our kids won't be able to get
24 their hands on this alcohol, you forget what high
25 school was like.
4392
1 So I think -- look, I've seen a lot
2 of movies lately where I wish I could drink.
3 (Laughter.)
4 SENATOR KAMINSKY: But I absolutely
5 think that this is the wrong message that we need
6 to send. We need to be able to know that we can
7 send our children into a movie theater and know
8 they're not going to be subject to the decisions
9 and peer pressure and poor messages that we have
10 everywhere else in our society.
11 So while I understand the intention
12 of this bill, I'm going to vote against it. And,
13 Mr. President, I vote in the negative.
14 ACTING PRESIDENT GRIFFO: Senator
15 Kaminsky to be recorded in the negative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar 1856, those recorded in the negative
19 are --
20 (Pause.)
21 ACTING PRESIDENT GRIFFO: Okay,
22 results.
23 THE SECRETARY: In relation to
24 Calendar 1856, those recorded in the negative are
25 Senators Akshar, Avella, Griffo, Hannon,
4393
1 Hassell-Thompson, Hoylman, Kaminsky, Krueger,
2 Lanza, LaValle, Marcellino, Marchione, Martins,
3 Murphy, Ortt, Perkins, Ranzenhofer, Robach,
4 Sanders, Stewart-Cousins and Venditto. Also
5 Senator Serrano.
6 Ayes, 40. Nays, 22.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 Senator DeFrancisco, that completes
10 today's noncontroversial reading of the active
11 list.
12 SENATOR DeFRANCISCO: Can we go to
13 motions and resolutions, please.
14 ACTING PRESIDENT GRIFFO: We'll
15 return to motions and resolutions.
16 SENATOR DeFRANCISCO: I wish to
17 call up Senator Gallivan's bill, Number 532,
18 having passed both houses and not delivered to
19 the Governor.
20 ACTING PRESIDENT GRIFFO: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 951, by Senator Gallivan, Senate Print 532, an
24 act to amend the Civil Service Law.
25 SENATOR DeFRANCISCO: I now move to
4394
1 reconsider the vote by which the bill was passed
2 and ask that the bill be restored to the order of
3 third reading.
4 ACTING PRESIDENT GRIFFO: The
5 Secretary will call the roll on reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 is restored to third reading.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: I now offer
12 the following amendments.
13 ACTING PRESIDENT GRIFFO: The
14 amendments are received.
15 SENATOR DeFRANCISCO: I would like
16 to go to the controversial reading and go to
17 Calendar Number 1658, by Senator Ortt.
18 However, with consent of counsel of
19 each of the conferences, we're going to call also
20 an immediate meeting of the Higher Education
21 Committee in Room 332.
22 ACTING PRESIDENT GRIFFO: There
23 will be an immediate meeting of the Senate Higher
24 Education Committee in Room 332.
25 SENATOR DeFRANCISCO: And can we
4395
1 now go to the controversial reading, and
2 specifically Calendar 1658.
3 ACTING PRESIDENT GRIFFO: Calendar
4 1658, the Secretary will ring the bell.
5 And Senator Krueger is recognized.
6 Call the bill up first.
7 THE SECRETARY: Calendar Number
8 1658, by Senator Ortt, Senate Print 7751,
9 Concurrent Resolution of the Senate and Assembly.
10 ACTING PRESIDENT GRIFFO: The bill
11 is before the house.
12 Senator Krueger has some questions.
13 Again, I'm going to need some order
14 in the house because people are moving to
15 meetings. The Higher Education Committee is
16 meeting in 332.
17 The other members in the chamber,
18 please, if we can take conversations outside, and
19 I would ask staff to do so likewise.
20 Senator Ortt, are you prepared and
21 do you yield?
22 SENATOR ORTT: Prepared, and I
23 yield.
24 ACTING PRESIDENT GRIFFO: Senator
25 Ortt yields.
4396
1 Senator Krueger, you may continue.
2 SENATOR KRUEGER: Thank you.
3 Is Senator Ortt aware that if this
4 constitutional amendment were to pass, it would
5 actually restrict our powers vested in the Senate
6 and the Assembly, in Article 3, Section 1 of the
7 Constitution, giving us the power and authority
8 to determine these laws in New York State?
9 SENATOR ORTT: Through you,
10 Mr. President, the whole point of this
11 legislation, by putting language in our
12 Constitution, not only would we join 22 other
13 states that have language that guarantees the
14 right to either fish and/or hunt and trap, but it
15 would be much more difficult to restrict a lot of
16 these areas where 1.7 million New Yorkers enjoy.
17 So that's kind of the idea, is to
18 make it more difficult to encroach and restrict
19 the rights of 1.7 million New Yorkers and
20 countless potential other New Yorkers who engage
21 in these pastimes and have for the entire
22 duration of the existence of our great state.
23 SENATOR KRUEGER: Through you,
24 Mr. President, if the sponsor would continue to
25 yield.
4397
1 SENATOR ORTT: I do.
2 ACTING PRESIDENT GRIFFO: The
3 sponsor yields.
4 SENATOR KRUEGER: Is the sponsor
5 aware that this constitutional amendment, if it
6 would pass, would violate Article 14, Section 3
7 of our Constitution regarding legislative power
8 of wildlife conservation?
9 SENATOR ORTT: I wasn't aware of
10 that. And nor do I necessarily subscribe to
11 that. I don't know if we have any constitutional
12 lawyers here, but I'll take my learned colleague
13 from Manhattan's word for it, apparently.
14 SENATOR KRUEGER: Through you,
15 Mr. President, if the sponsor would continue to
16 yield.
17 SENATOR ORTT: I do.
18 ACTING PRESIDENT GRIFFO: The
19 sponsor yields.
20 SENATOR KRUEGER: Thank you.
21 Is the sponsor aware that this
22 constitutional amendment, if adopted, would also
23 constitute a restriction on the general powers
24 vested in local governments, Article 9, Sections
25 1 and 2 of the Constitution?
4398
1 SENATOR ORTT: I am.
2 SENATOR KRUEGER: Through you,
3 Mr. President, if the sponsor would continue to
4 yield.
5 SENATOR ORTT: I do.
6 ACTING PRESIDENT GRIFFO: The
7 sponsor yields.
8 SENATOR KRUEGER: Thank you.
9 So on the last question, that if it
10 passed it would constitute a restriction on the
11 general powers vested in local governments. So I
12 live in the City of New York. We have many
13 public parks. We don't currently have any
14 hunting, although Staten Island's really been
15 pushing for deer hunting, and I understand their
16 dilemma. But most of New York City has no
17 hunting, but parks. We have fairly restrictive
18 gun laws that don't allow you to travel the city
19 streets with your guns except in very limited
20 circumstances.
21 If this constitutional amendment
22 were to become law, would we be overriding the
23 City of New York and other localities around the
24 state's right to say no hunting in our public
25 parks, no carrying of guns in our neighborhoods
4399
1 under local gun laws?
2 SENATOR ORTT: Through you,
3 Mr. President, I do not believe that's the case.
4 First of all, to clarify a couple of
5 points -- one is by amending the Constitution,
6 you can't be violating the Constitution, by
7 almost definition. It is therefore an amendment
8 to the existing Constitution.
9 Two, all this does is again protect
10 the right of New Yorkers, in constitutional
11 language, to engage in the activities of hunting,
12 fishing and trapping.
13 So it does nothing, from my
14 perspective, to make it, whether you're in
15 Central Park or whether you're anywhere else in
16 the city. However, it would protect New Yorkers'
17 rights to do that in areas where they are
18 currently allowed to do that.
19 SENATOR KRUEGER: Through you,
20 Mr. President, on the bill.
21 ACTING PRESIDENT GRIFFO: Senator
22 Krueger on the bill.
23 SENATOR KRUEGER: While I actually
24 would like to expand the debate, I'm also
25 supposed to be interviewing people in the Higher
4400
1 Ed Committee.
2 So I'm going to just close with the
3 Attorney General of New York State has issued a
4 determination on this proposed constitutional
5 amendment where he points out that this
6 constitutional amendment would in fact constitute
7 a restriction on the general legislative powers
8 vested in the Senate and Assembly, as well as
9 specific legislative powers regarding wildlife
10 conservation, as well as constituting a
11 restriction on the general powers vested in local
12 governments.
13 I don't think we want to do those
14 things in our Constitution. We have reasons for
15 those sections of our Constitution. They protect
16 many of the rights we live under today. And so I
17 have to respectfully disagree with the sponsor,
18 that undoing our existing amendments to the
19 Constitution, taking away local powers and
20 rights, legislative powers and rights, and
21 wildlife conservation protections would be a
22 mistake for the State of New York.
23 So I'm urging a no vote by everyone
24 on this constitutional amendment. Thank you,
25 Mr. President.
4401
1 Thank you to the sponsor.
2 ACTING PRESIDENT GRIFFO: Thank
3 you, Senator Krueger.
4 Senator Ortt, do you want to speak
5 on the bill?
6 SENATOR ORTT: Yes.
7 ACTING PRESIDENT GRIFFO: Senator
8 Ortt on the bill.
9 SENATOR ORTT: Thank you,
10 Mr. President.
11 Well, first I would just like to
12 say, you know, there are 22 other states across
13 our country again that have language in their
14 constitutions that protect hunting and/or fishing
15 and/or trapping. This would go a long way to
16 solidifying the rights of New Yorkers,
17 1.7 million, to engage in these activities. It
18 brings in about $2.5 billion in economic impact.
19 But I think it's very curious always
20 when we hear about protecting the rights of local
21 governments, because certainly this body has
22 never engaged in any sort of legislation that
23 would take those rights away. I think we're very
24 selective at times. This does nothing, in my
25 view, to take those rights away. What it really
4402
1 does is protect the rights of all New Yorkers to
2 engage in these activities in areas where they
3 are currently allowed.
4 And I think it's also important that
5 this language also goes to conserving and
6 protecting wildlife, whether it be fish, birds,
7 or other forms of wildlife.
8 So I think it's a good balance, and
9 I think it would be a huge symbol to most of
10 New York that we regard these rights to engage in
11 these activities as sacrosanct, and it would be
12 much more difficult to encroach and infringe upon
13 them.
14 So, Mr. President, I vote aye and I
15 encourage my colleagues who care about these
16 issues to vote aye as well.
17 ACTING PRESIDENT GRIFFO: Okay,
18 seeing and hearing no other Senator that wishes
19 to be heard, debate will be closed and the
20 Secretary will ring the bell.
21 (Pause.)
22 ACTING PRESIDENT GRIFFO: Senator
23 DeFrancisco.
24 SENATOR DeFRANCISCO: Since members
25 are in a Higher Ed Committee meeting, can we lay
4403
1 the bill aside temporarily, now that debate is
2 closed, and then we'll remain at ease.
3 ACTING PRESIDENT GRIFFO: The bill
4 has been laid aside temporarily, and debate has
5 been closed. And we will call the roll upon
6 request of Senator DeFrancisco.
7 There are committee meetings
8 ongoing, so at the request of the leader, the
9 Senate will stand at ease.
10 (Whereupon, the Senate stood at ease
11 at 12:56 p.m.)
12 (Whereupon, the Senate reconvened at
13 1:14 p.m.)
14 ACTING PRESIDENT LANZA: The Senate
15 will come to order.
16 Senator Flanagan.
17 SENATOR FLANAGAN: Mr. President,
18 very briefly, there will be a Republican
19 conference at 1:30, during which time the Senate
20 will stand at ease.
21 Thank you.
22 ACTING PRESIDENT LANZA: There will
23 be a Republican conference at 1:30 in Room 332 of
24 the Capitol.
25 The Senate shall stand at ease.
4404
1 (Whereupon, the Senate stood at ease
2 at 1:14 p.m.)
3 (Whereupon, the Senate reconvened at
4 2:19 p.m.)
5 ACTING PRESIDENT GRIFFO: The
6 Senate will come to order.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: Yes,
9 Mr. President. Can we go back to motions and
10 resolutions.
11 ACTING PRESIDENT GRIFFO: We will
12 return to motions and resolutions.
13 SENATOR DeFRANCISCO: And could we
14 take up Senate Resolution 6340, by Senator Croci,
15 read it in its entirety, and then call on
16 Senator Croci.
17 If we can take our seats, because
18 we'd like the honorees to be able to see and hear
19 what's happening in the chamber.
20 ACTING PRESIDENT GRIFFO: Thank
21 you, Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Thank you.
23 ACTING PRESIDENT GRIFFO: We'll ask
24 all members to please take their seats. There
25 will be availability for photos following the
4405
1 resolution. And the Secretary will be reading
2 Resolution Number 6340, which was previously
3 adopted.
4 The Secretary will read.
5 THE SECRETARY: Legislative
6 Resolution Number 6340, by Senator Croci,
7 commending the Tuskegee Airmen upon their
8 75th Anniversary and dedication to the United
9 States Army in times of peace and war.
10 "WHEREAS, Members of the Armed
11 Services from the State of New York, who have
12 served so valiantly and honorably in wars in
13 which this country's freedom was at stake, as
14 well as in the preservation of peace in
15 peacetime, deserve a special salute from this
16 Legislative Body; and
17 "WHEREAS, It is the sense of this
18 Legislative Body to commend the Tuskegee Airmen
19 upon their 75th Anniversary and dedication to the
20 United States Army in times of peace and war; and
21 "WHEREAS, This Legislative Body is
22 justly proud to welcome four members of the
23 Tuskegee Airmen to the New York State
24 Legislature; these brave soldiers include:
25 Audley Coulthurst, of Harlem, New York;
4406
1 William Johnson, of Glen Cove, New York;
2 Herbert C. Thorpe of Brooklyn, New York; and
3 Wilfred R. DeFour of Harlem, New York; and
4 "WHEREAS, The Tuskegee Airmen were
5 the first group of African-American military
6 pilots to serve with distinction in war as the
7 332nd Fighter Group of the U.S. Army Air Corps;
8 and
9 "WHEREAS, The Tuskegee Airmen, also
10 known as the Red Tails, were established during
11 World War II; America was going through a period
12 of civil rights justice movements during the
13 time, and with a push from the NAACP, the
14 Air Force instituted a training program for
15 African-American pilots; and
16 "WHEREAS, These men were extremely
17 qualified for the positions; despite the belief
18 that African-Americans were not intelligent or
19 skillful, expectations and requirements of these
20 men were the same as for the previous men who
21 passed through the Tuskegee Academy; and
22 "WHEREAS, The Red Tails were a group
23 of determined, dedicated men who came from all
24 over the country to prove their worthiness of
25 being a part of the United States Air Force;
4407
1 those who were qualified mentally and physically
2 were accepted to be trained as aviation cadets
3 for single- and twin-engine planes as well as
4 navigators and bomb-raiders; they were also
5 trained in other areas that allowed for them to
6 fully function in the Army Air Corps flying
7 squadron and ground support crew; and
8 "WHEREAS, The first group of
9 African-American cadets to complete training
10 formed the 99th Pursuit Squadron, a fighter
11 squad, in March of 1941; this squadron was
12 extremely well-known for not allowing any of
13 their bomber planes to be shot down by enemy
14 fighter planes; even more impressively, the
15 Red Tails flew at least 200 missions over Europe
16 and Africa; during these missions, not only were
17 the Red Tails able to defend the Army bombers,
18 they were also responsible for shooting down and
19 damaging other enemy planes; and
20 "WHEREAS, Greatly recognized for
21 their accomplishments, the Tuskegee Airmen were
22 awarded 14 Bronze Stars, 150 Distinguished Flying
23 Crosses, and 744 Air Medals, as well as several
24 Silver Stars; the Tuskegee Airmen also received
25 the Distinguished Unit Citation for a mission
4408
1 flown in Germany responsible for bombing the
2 Daimler-Benz factory in Berlin; among these
3 distinctions, the Tuskegee Airmen were also
4 responsible for destroying numerous trucks,
5 trains and fuel dumps, flying over 1,500 missions
6 by the end of World War II; and
7 "WHEREAS, The Tuskegee Airmen were
8 also powerful in making strides to fight racism
9 in America; the military was not fully integrated
10 until 1948; World War II was over, and there was
11 enough foundation laid by the Red Tails to fully
12 integrate the Armed Forces; the fight was not
13 over after the war, though, and the Tuskegee
14 Airmen gave African-Americans the inspiration to
15 change their lives at home; those who had
16 enlisted in the Army returned home looking for
17 jobs that were more in line with the work they
18 completed while in the service, instead of going
19 back to farm work; African-Americans still had
20 trouble finding new work, but the Airmen's
21 accomplishments were the start America needed;
22 now, therefore, be it
23 "RESOLVED, That this Legislative
24 Body pause in its deliberations to commend the
25 Tuskegee Airmen upon their 75th Anniversary and
4409
1 dedication to the United States Army in times of
2 peace and war; and be it further
3 "RESOLVED, That copies of this
4 resolution, suitably engrossed, be transmitted to
5 the aforementioned Tuskegee Airmen."
6 ACTING PRESIDENT GRIFFO: Senator
7 Flanagan.
8 SENATOR FLANAGAN: Thank you,
9 Mr. President.
10 What an absolutely awesome day. I
11 am just -- I'm inspired by being here today. Not
12 because it's the last day of our legislative
13 session, which is inspiring in and of itself, but
14 to our honored guests, it is such a privilege to
15 have you join us. The fact that you all live in
16 New York just adds like icing on top of a
17 beautiful cake.
18 And to your family and your
19 colleagues joining you and sharing this day with
20 you, thank you, and welcome to all of you.
21 Now, to our honorees, I'll come back
22 to you in a second. I have quickly learned that
23 we have guests up in the balcony. So they are
24 from the Harrison Avenue School, from Westchester
25 County. And I want to speak very quickly to the
4410
1 young boys and girls who are here, and to their
2 chaperones.
3 You are witnessing an auspicious day
4 and a great day here in the State of New York.
5 Not only are you in probably the finest
6 legislative chamber in any state in the country,
7 but you are seeing history made because we have
8 an opportunity to honor these gentlemen who
9 served our country with distinction.
10 Now, to you gentlemen, I can't do it
11 as well as Colonel Larkin or Senator Croci, but
12 I'm going to give it a New York try.
13 We want to say thank you. We want
14 to honor you. We want to bestow upon you the
15 privileges of this great chamber and of the
16 New York State Senate and the people of the State
17 of New York.
18 Now, one of our honorees, I was able
19 to get a picture. And everyone can take a look
20 at this. This is a picture, there are 23
21 Tuskegee Airmen in this photo. One of them is
22 the brother of Mr. Thorpe. The gentleman in this
23 picture is Richard Thorpe.
24 So, Mr. Thorpe, to you personally,
25 and to your brother, thank you so much. This is
4411
1 a fantastic photo. I'm going to definitely frame
2 this, hang it in one of our Senate chamber rooms
3 with great pride and privilege.
4 And I just want to again offer you
5 the welcome of the New York State Senate. And to
6 our students who are up here, you're going to
7 remember this day for a long time, because these
8 are some of the finest people that have served
9 our country with distinction.
10 On that point, Mr. President, I
11 would just say thank you, and I would appreciate
12 it if you would recognize Senator Croci.
13 ACTING PRESIDENT GRIFFO: Senator
14 Croci.
15 (Applause.)
16 SENATOR CROCI: Thank you,
17 Mr. President.
18 There's a lot of history been made
19 in this chamber. This is an old chamber, and
20 there's been a lot of famous people who have come
21 and gone in this chamber. But this is a pretty
22 special day.
23 We're all here because of the
24 sacrifice of the men and women of the Greatest
25 Generation, the World War II generation, people
4412
1 like Colonel Bill Larkin and the Tuskegee Airmen.
2 It's not lost on me that the
3 then-Senator who once graced the halls of this
4 chamber, Senator Franklin Roosevelt, was
5 responsible for creating the Tuskegee Airmen.
6 And President Roosevelt was a Senator in this
7 chamber. And I'm wondering what he would be
8 thinking right now, looking down over this
9 chamber, seeing the Tuskegee Airmen sitting here
10 with us. And it warms my heart and gives me a
11 great deal of pride in my country.
12 I'd also like to tell you that on
13 March 24, 1945, the Tuskegee Airmen, the fighter
14 squadron, was the first combat aircraft to go up
15 against a jet fighter, the Germans' Me 262, with
16 P-51 Mustangs. Anyone who knows anything about
17 military history or aviation knows that that is
18 an impressive feat. It was done by these
19 gentlemen right here.
20 But most especially, what I want to
21 thank these gentlemen for is building a modern
22 military where all of us are first brothers and
23 sisters before we are New Yorkers or we are
24 Southerners or we are black or white or we are
25 from any other descent, we are first brothers and
4413
1 sisters in the modern military. And that is
2 something that was built on the shoulders of
3 these giants.
4 Ladies and gentlemen, I am very
5 proud to introduce Audley Coulthurst, from
6 Jamaica, New York; William Johnson, from Glen
7 Cove, New York; Herbert Thorpe, from Rome,
8 New York; and Wilfred DeFour, from New York City,
9 New York -- represented by Senator Sanders,
10 Senator Marcellino, Senator Griffo, and
11 Senator Perkins.
12 Gentlemen, thank you for your
13 service to our nation, and God bless you.
14 (Extended standing ovation.)
15 ACTING PRESIDENT GRIFFO: Senator
16 Stewart-Cousins.
17 SENATOR STEWART-COUSINS: Thank
18 you, Mr. President.
19 I rise to also join my colleagues in
20 thanking the Tuskegee Airmen for all they have
21 done and continue to do. Obviously you could be
22 many places, but you chose to grace us here on
23 this hour, our last day of the session.
24 I stand as a daughter of a World War
25 II veteran -- who was not a Tuskegee Airman but
4414
1 who understood the struggles that you, as
2 African-American men, went through to prove that
3 you were capable, willing, and ready to serve for
4 the cause of freedom here and abroad. We applaud
5 you.
6 We know that yes, President
7 Roosevelt was the one who made it happen, but I
8 want to talk about Eleanor Roosevelt as well, the
9 First Lady. Because you know, you're shaking
10 your head, it was Eleanor Roosevelt who said that
11 she would fly with the Tuskegee Airmen -- because
12 they were like, Oh, no, no, they can't fly.
13 Nobody wanted to dare get in the plane with an
14 African-American. And Eleanor said she would do
15 it. And after she did, with this incredible
16 journey in the air, then the Tuskegee Airmen were
17 able to take flight.
18 And you've soared high and you
19 soared wide, and you've taken us all with you.
20 Because as you know, and my father experienced it
21 too, and the resolution said -- even after all
22 that, when you came back, there were no
23 opportunities. And so the fight continued at
24 home.
25 But we had, as our marker for
4415
1 greatness, men who despite the odds, despite the
2 defiance, despite the fact that people tried to
3 believe that you were unqualified and unable,
4 looked at them in the eye and said: I will do it
5 anyway. Because the mission is too important,
6 and failure is not an option.
7 God bless you, thank you, and thank
8 you for being here today. You're an inspiration
9 always.
10 (Applause.)
11 ACTING PRESIDENT GRIFFO: Senator
12 Comrie.
13 SENATOR COMRIE: Thank you,
14 Mr. President.
15 I stand also to salute the Tuskegee
16 Airmen, and thank you for taking time to come up
17 to Albany today so that we could properly present
18 you this proclamation and our expression of
19 thanks for your service -- not only during your
20 time in the service, in the theater in World War
21 II, where you definitely fought to be respected
22 and fought to be given the opportunity to fly
23 missions, where you fought, with the help of the
24 President and Eleanor Roosevelt, to even be
25 created, but even after you came back home, you
4416
1 fought to become integrated in many
2 neighborhoods.
3 You came and you were civic leaders
4 and activists in many areas. You were not just
5 activists during the war, but you stayed
6 activists afterwards. You stayed involved in
7 politics and government and civic life. You were
8 leaders in many areas.
9 We have many Tuskegee Airmen that
10 are in Queens, where we have in York College a
11 testament to the Tuskegee Airmen, where we have
12 an exhibition that is dedicated to the Tuskegee
13 Airmen that I hope that we can improve and
14 finally get it off the ground, where we can have
15 all of the history of the Tuskegee Airmen in
16 Queens.
17 And to Mr. Coulthurst, who I've
18 known and I've seen over time, and Denise Pease,
19 who is here also -- stand up, Denise -- who is
20 the daughter of a Tuskegee Airman, who is a
21 powerful woman in her own right, that is a major
22 person that is working in many different agencies
23 and has a great history and experience as well.
24 I want to salute you, I want to
25 thank you for your service. And I hope that your
4417
1 story can always be told to inspire other people.
2 Thank you, Mr. President.
3 ACTING PRESIDENT GRIFFO: Senator
4 Hamilton.
5 SENATOR HAMILTON: Yes,
6 Mr. President. I rise also to pay tribute to the
7 Tuskegee Airmen, also known as the Red Tails. I
8 want to thank Senator Croci for having them here
9 today.
10 And this story is a personal story
11 for me. My uncle, Clayton Lawrence, was a
12 bombardier. And Clayton Lawrence was one of the
13 most brilliant men I ever met in my life. He got
14 my first job out of college as a city assessor.
15 And he told me the story that when he applied to
16 the Air Force, he was denied. They said he
17 wasn't qualified. He had to go back to school
18 for six months for engineering courses and
19 advanced calculus, to go back and take those
20 courses to put his life on the line, even though
21 he's being discriminated against.
22 These are men who went beyond the
23 call of duty. These are men who are true
24 Americans. Even facing discrimination from their
25 own country, they still went out there and put
4418
1 their lives on the line for us.
2 And at times when they fought for us
3 gallantly, protecting U.S. bombers, they were
4 still less fairly treated than German prisoners
5 of war. Here are men who were putting their
6 lives on the line and our country would treat
7 German prisoners of war, who were committing
8 atrocities against Jewish people, who were
9 committing atrocities all throughout Europe, but
10 they were still considered better than the
11 African-Americans who were fighting for their own
12 country.
13 So our history is a history
14 sometimes people don't want to talk about, but
15 it's still American history. So today I rise for
16 you, because you, to me, went beyond the call of
17 duty. Even though many didn't believe in what
18 you could do, who thought you were inferior,
19 you've proven all of them wrong.
20 And also to Clayton Lawrence and his
21 daughters -- Virginia Lawrence, doctorate,
22 Harvard University; Tina Lawrence, advanced
23 degree, Princeton University -- education has
24 always been key to my family. It's always been
25 key to me. And because of you men of the
4419
1 Tuskegee Airmen, you were my role model. You
2 were the epitome of what a black man should be.
3 You know, "When you're up against a
4 trouble, meet it squarely face to face. Lift
5 your chin and set your shoulders, plant your feet
6 and take a brace. When it's vain to try to dodge
7 it, do the best that you can do. You may fail,
8 but you may conquer, see it through!
9 "Black may be the clouds about you,
10 and your future may seem grim, but remember you
11 are facing just where other men have been. You
12 may fall, but fall still fighting. Don't give
13 up, whatever you do. Eyes front, head high to
14 the finish, see it through!"
15 God bless you all. Thank you so
16 much.
17 (Applause.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Espaillat.
20 SENATOR ESPAILLAT: Well, I don't
21 know if I can follow my colleague there. But I
22 do want to stand up and congratulate these men
23 who are part of an immortal generation that stood
24 up to the forces of hate and bigotry that
25 attempted to take over the world.
4420
1 And so to them, my hat comes off to
2 you. I know Dr. Roscoe Brown, who's a Tuskegee
3 Airman, and who's a very prominent member of the
4 community, and an educator. I also found
5 recently that the Dominican Studies Institute in
6 CUNY discovered that Stephen Hotesse, who was
7 also a Tuskegee Airman, was from my home country.
8 And so we share a lot in common.
9 But you are a special breed of men.
10 You are immortal, because you fought perhaps the
11 most dangerous wave of bigotry and hatred ever
12 faced by this planet, and you did it with honor,
13 you did it with strength. And we're happy to
14 welcome you here to this chamber and say to you
15 that you are the best.
16 Now, we have a swimming team in
17 Harlem, Senator Perkins, and they're called the
18 Red Tails. And they swim very fast and very
19 swift, and they compete across the state and win
20 many competitions. And I believe that they're
21 called the Red Tails because they wanted to
22 borrow your name. Young people, from Harlem and
23 northern Manhattan and East Harlem and Washington
24 Heights, they wanted to be called the Red Tails.
25 And so this legacy will continue on for
4421
1 generations. And I am happy to be here today to
2 see it with my very own eyes.
3 Thank you, Mr. President. We salute
4 you, Tuskegee Airmen.
5 ACTING PRESIDENT GRIFFO: Senator
6 Sanders.
7 SENATOR SANDERS: Thank you,
8 Mr. President.
9 Double V, victory at home and
10 victory abroad.
11 You have to remember the context
12 that these gentlemen fought under, that there was
13 a feeling that blacks could not be fighters, that
14 in war they would run. There was all kinds of
15 myths that were out there. The President at the
16 time was very bold in helping to create the
17 Tuskegee Airmen.
18 But they needed a spectacular type
19 of individual, an individual who could ignore
20 some of the horrors that they were faced with at
21 homes to concentrate on the main evil, the Nazis
22 and Japanese fascism at the time, where we had to
23 understand that if we could not defeat the
24 "Master Race," we would have problems the world
25 over.
4422
1 These folk came about and they
2 quickly dispelled the myth that blacks wouldn't
3 fight. They quickly dispelled the myth that they
4 were cowards and would turn tail at the first
5 sign. And they did it with such class and
6 elegance.
7 Now, years after that, I went into
8 the Marine Corps. And man, I tell you, that was
9 quite an experience. And part of what got me
10 through that was the understanding that there
11 were people who went before me, who took more
12 than I would ever imagine taking and did it with
13 such grace. And I understood that I could not
14 let them down, I could not let you down. Why?
15 Because you did not let us down.
16 So you did your double V, you did
17 your victory abroad and then you helped bring
18 victory at home. You were not simply content
19 just to fight in the air -- the rest of your
20 lives, you went out there and showed what
21 exemplary human beings could be, what great
22 citizens you could be. And you starred in every
23 role that you took.
24 So having said that, my friends, I
25 salute you (saluting).
4423
1 Thank you, Mr. President.
2 ACTING PRESIDENT GRIFFO: Senator
3 Kennedy.
4 SENATOR KENNEDY: Thank you,
5 Mr. President.
6 I am absolutely so honored and
7 awestruck by your presence here this morning --
8 this afternoon -- the Tuskegee Airmen that have
9 played such an extraordinary role in our nation's
10 history, fighting in the bloodiest time in our
11 world's history, and leading by example.
12 If it wasn't hard enough to fight
13 the struggles on the ground, you were taking a
14 fight up into the sky. It could have been very,
15 very easy to say no, recognizing the difficulties
16 and the struggles that were happening here in the
17 nation at the time.
18 But you did the hard thing. You did
19 the right thing. And you answered the call to
20 duty of this great country. And because you
21 answered that call, because you got into those
22 planes, because you fought the fight, went up
23 into the sky, you made this world a better place.
24 That's why we're all here, to make the world a
25 little bit better than it was when we came into
4424
1 it.
2 Well, it's very, very easy to see
3 that the world today is much better off than it
4 was before the Tuskegee Airmen took to the skies.
5 And so our nation and our world truly owes you a
6 debt of gratitude, a debt of gratitude that we
7 must fight every single day to try to repay. And
8 we must recommit ourselves to ensuring that we do
9 our part both here in this great chamber of the
10 New York State Senate in the State Capitol, but
11 also across this nation and across the world, to
12 recognize the struggles that you have overcome in
13 order to make our world a better place.
14 Thank you, Red Tails. Thank you,
15 Tuskegee Airmen, for the commitment that you've
16 made to making this world a better place and the
17 commitment that you've made and accomplished in
18 making this nation the greatest nation in the
19 history of the world.
20 ACTING PRESIDENT GRIFFO: The
21 resolution was previously adopted on June 15th.
22 All members are listed as cosponsors
23 unless otherwise indicated at the desk.
24 It is a high honor, a distinct
25 privilege to host, to recognize, to honor and
4425
1 extended the courtesies of the house to the
2 Tuskegee Airmen -- and a point of personal pride
3 to welcome my friend and neighbor Herb Thorpe,
4 who is a Senate Veterans Ceremony Awardee.
5 So I would ask all of us to rise in
6 recognition and tribute to the Tuskegee Airmen.
7 (Standing ovation.)
8 ACTING PRESIDENT GRIFFO: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: Thank you,
11 Mr. President.
12 We will have an immediate meeting of
13 the Rules Committee in Room 332.
14 ACTING PRESIDENT GRIFFO: There
15 will be an immediate meeting of the Rules
16 Committee in Room 332, an immediate meeting of
17 the Rules Committee in 332.
18 Would you like everybody to take
19 their tablets with them?
20 SENATOR DeFRANCISCO: Yes, please.
21 ACTING PRESIDENT GRIFFO: The
22 Senate will stand at ease.
23 (Whereupon, the Senate stood at ease
24 at 2:46 p.m.)
25 (Whereupon, the Senate reconvened at
4426
1 3:09 p.m.)
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: It's my
6 understanding that there's some messages from the
7 Assembly.
8 ACTING PRESIDENT GRIFFO: There are
9 messages from the Assembly. With your
10 permission, though, we can read the Rules report
11 and then make the substitutions.
12 SENATOR DeFRANCISCO: That's what I
13 was going to suggest, but Lisa suggested the
14 other way.
15 (Laughter.)
16 ACTING PRESIDENT GRIFFO: We will
17 follow your suggestion, Senator DeFrancisco.
18 The Secretary will read.
19 THE SECRETARY: Senator Flanagan,
20 from the Committee on Rules, reports the
21 following bills:
22 Senate Print 321D, by Senator
23 LaValle, an act authorizing;
24 Senate 1738, by Senator Carlucci, an
25 act to amend the Vehicle and Traffic Law;
4427
1 Senate 2034A, by Senator
2 Hassell-Thompson, an act to amend the Executive
3 Law;
4 Senate 3322, by Senator Lanza, an
5 act to amend the New York City Health and
6 Hospitals Corporation Act;
7 Senate 5322C, by Senator Marcellino,
8 an act to amend the Environmental Conservation
9 Law;
10 Senate 6692B, by Senator Lanza, an
11 act to amend the Executive Law;
12 Senate 6959A, by Senator Parker, an
13 act to amend the Economic Development Law;
14 Senate 7078A, by Senator Felder, an
15 act to amend the Education Law;
16 Senate 7174B, by Senator Golden, an
17 act to amend Chapter 504 of the Laws of 2009;
18 Senate 7363, by Senator Akshar, an
19 act in relation to granting;
20 Senate 7450, by Senator Rivera, an
21 act to amend the Social Services Law;
22 Senate 7459A, by Senator
23 Stewart-Cousins, an act establishing;
24 Senate 7485B, by Senator Golden, an
25 act to amend the Tax Law;
4428
1 Senate 7602, by Senator Latimer, an
2 act to amend the General Municipal Law;
3 Senate 7658, by Senator Gallivan, an
4 act to amend the Criminal Procedure Law;
5 Senate 7799A, by Senator Klein, an
6 act to amend the Public Health Law;
7 Senate 7806, by Senator Ritchie, an
8 act to authorize;
9 Senate 7851, by Senator Golden, an
10 act to amend the Elder Law;
11 Senate 7925A, by Senator LaValle, an
12 act to amend the Economic Development Law;
13 Senate 8037, by Senator Martins, an
14 act to repeal;
15 Senate 8043, by Senator Addabbo, an
16 act to amend Chapter 288 of the Laws of 2014;
17 Senate 8045, by Senator O'Mara, an
18 act to amend the Transportation Law;
19 Senate 8055, by Senator Young, an
20 act to amend the Public Service Law;
21 Senate 8065, by Senator Nozzolio, an
22 act to amend the Volunteer Firefighters' Benefit
23 Law;
24 Senate 8066, by Senator Robach, an
25 act to amend the State Finance Law;
4429
1 Senate 8093, by Senator Flanagan, an
2 act to amend the Insurance Law;
3 Senate 8098, by Senator Persaud, an
4 act to amend the Elder Law;
5 Senate 8107, by Senator Hannon, an
6 act to amend the Civil Service Law;
7 Senate 8108, by Senator Hannon, an
8 act to amend the Public Health Law;
9 Senate 8109, by Senator Young, an
10 act to establish;
11 Senate 8114, by Senator DeFrancisco,
12 an act to amend the County Law;
13 Senate 8116, by Senator Young, an
14 act to amend the Education Law;
15 Senate 8117, by Senator Hannon, an
16 act to amend the Executive Law;
17 Senate 8129, by Senator Hannon, an
18 act to amend the Public Health Law;
19 Senate 8131, by Senator Carlucci, an
20 act relating to;
21 Senate 8137, by Senator Ortt, an act
22 to amend the Insurance Law;
23 Senate 8138, by Senator Amedore, an
24 act to amend the Education Law;
25 Senate 8139, by Senator Murphy, an
4430
1 act to amend the Public Health Law;
2 Senate 8142, by Senator Ortt, an act
3 to amend the Social Services Law;
4 And Senate 8156, by Senator
5 Carlucci, an act to amend the Real Property Tax
6 Law.
7 All bills reported direct to third
8 reading.
9 SENATOR DeFRANCISCO: I move to
10 accept the report of the Rules Committee.
11 ACTING PRESIDENT GRIFFO: All in
12 favor of accepting the Committee on Rules report
13 say aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT GRIFFO: Opposed?
16 (No response.)
17 ACTING PRESIDENT GRIFFO: The
18 Committee on Rules report is accepted.
19 We will now move to substitutions,
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: Yes, could we
22 please go to messages and please read.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary will read the substitutions.
25 THE SECRETARY: Senator LaValle
4431
1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 99D and substitute it for
3 the identical Senate Bill 321D, Third Reading
4 Calendar 1853.
5 Senator Hassell-Thompson moves to
6 discharge, from the Committee on Crime Victims,
7 Crime and Correction, Assembly Bill Number 1097A
8 and substitute it for the identical Senate Bill
9 2034A, Third Reading Calendar 1861.
10 Senator Parker moves to discharge,
11 from the Committee on Commerce and Economic
12 Development, Assembly Bill Number 9591A and
13 substitute it for the identical Senate Bill
14 6959A, Third Reading Calendar 1865.
15 Senator Felder moves to discharge,
16 from the Committee on Higher Education, Assembly
17 Bill Number 9528A and substitute it for the
18 identical Senate Bill 7078A, Third Reading
19 Calendar 1866.
20 Senator Golden moves to discharge,
21 from the Committee on Rules, Assembly Bill Number
22 10369A and substitute it for the identical Senate
23 Bill 7174B, Third Reading Calendar 1867.
24 Senator Akshar moves to discharge,
25 from the Committee on Civil Service and Pensions,
4432
1 Assembly Bill Number 3160A and substitute it for
2 the identical Senate Bill 7363, Third Reading
3 Calendar 1868.
4 Senator Stewart-Cousins moves to
5 discharge, from the Committee on Rules, Assembly
6 Bill Number 9932A and substitute it for the
7 identical Senate Bill 7459A, Third Reading
8 Calendar 1870.
9 Senator Latimer moves to discharge,
10 from the Committee on Local Government, Assembly
11 Bill Number 10100 and substitute it for the
12 identical Senate Bill 7602, Third Reading
13 Calendar 1872.
14 Senator Golden moves to discharge,
15 from the Committee on Aging, Assembly Bill Number
16 10201 and substitute it for the identical Senate
17 Bill 7851, Third Reading Calendar 1876.
18 Senator LaValle moves to discharge,
19 from the Committee on Rules, Assembly Bill Number
20 10259A and substitute it for the identical Senate
21 Bill 7925A, Third Reading Calendar 1877.
22 Senator Martins moves to discharge,
23 from the Committee on Rules, Assembly Bill Number
24 10421 and substitute it for the identical Senate
25 Bill 8037, Third Reading Calendar 1878.
4433
1 Senator O'Mara moves to discharge,
2 from the Committee on Rules, Assembly Bill Number
3 8202A and substitute it for the identical Senate
4 Bill 8045, Third Reading Calendar 1880.
5 And Senator Persaud moves to
6 discharge, from the Committee on Aging, Assembly
7 Bill Number 9712A and substitute it for the
8 identical Senate Bill 8098, Third Reading
9 Calendar 1885.
10 ACTING PRESIDENT GRIFFO: The
11 substitutions are so ordered and directed.
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: We must stand
14 at ease until the jackets are prepared and the
15 supplemental calendar is prepared. We estimate,
16 from the hand signals from the desk, that it will
17 be approximately 10 minutes. And we will start
18 promptly as soon as they get here.
19 ACTING PRESIDENT GRIFFO: The
20 Senate will stand temporarily at ease.
21 I remind all the members to remain
22 close to the chamber. We should begin in about
23 10 minutes.
24 The Senate will be at ease.
25 (Whereupon, the Senate stood at ease
4434
1 at 3:16 p.m.)
2 (Whereupon, the Senate reconvened at
3 3:29 p.m.)
4 ACTING PRESIDENT GRIFFO: The
5 Senate will come to order.
6 SENATOR DeFRANCISCO: With you
7 momentarily. (Pause.)
8 Mr. President.
9 ACTING PRESIDENT GRIFFO: Senator
10 DeFrancisco.
11 SENATOR DeFRANCISCO: I believe you
12 have a supplemental Senate calendar, Number 55A,
13 and that's been delivered to each of the desks;
14 correct?
15 ACTING PRESIDENT GRIFFO: Senate
16 Supplemental Calendar 55A is on the desks.
17 SENATOR DeFRANCISCO: And that
18 Senate calendar consists of the last Rules
19 Committee bills.
20 Would you please do the
21 noncontroversial reading.
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will begin the noncontroversial reading
24 of Senate Supplemental Calendar 55A.
25 THE SECRETARY: Calendar Number
4435
1 1853, substituted earlier by Member of the
2 Assembly Thiele, Assembly Print 99D, an act
3 authorizing.
4 ACTING PRESIDENT GRIFFO: There is
5 a home-rule message present at the desk.
6 The Secretary will read the last
7 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, 62.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1854, by Senator Carlucci, Senate Print 1738, an
18 act to amend the Vehicle and Traffic Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the 90th day.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
4436
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1861, substituted earlier by Member of the
6 Assembly Ortiz, Assembly Print 1097A, an act to
7 amend the Executive 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, 62.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1862, by Senator Lanza, Senate Print 3322, an act
20 to amend the New York City Health and Hospitals
21 Corporation Act.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
4437
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61. Nays, 1.
5 Senator Perkins recorded in the negative.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1863, by Senator Marcellino, Senate Print 5322C,
10 an act to amend the Environmental Conservation
11 Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1864, by Senator Lanza, Senate Print 6692B, an
24 act to amend the Executive Law.
25 ACTING PRESIDENT GRIFFO: Read the
4438
1 last section.
2 THE SECRETARY: Section 5. 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, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1865, substituted earlier by Member of the
12 Assembly Richardson, Assembly Print 9591A, an act
13 to amend the Economic Development 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, 62.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1866, substituted earlier by Member of the
4439
1 Assembly Simanowitz, Assembly Print 9528A, an act
2 to amend the Education 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, 62.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1867, substituted earlier by Member of the
15 Assembly Abbate, Assembly Print 10369A, an act to
16 amend Chapter 504 of the Laws of 2009.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT GRIFFO: The bill
4440
1 is passed.
2 THE SECRETARY: Calendar Number
3 1868, substituted earlier by Member of the
4 Assembly Crouch, Assembly Print 3160A, an act in
5 relation to granting.
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, 62.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1869, by Senator Rivera, Senate Print 7450, an
18 act to amend the Social Services Law.
19 ACTING PRESIDENT GRIFFO: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of July.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll.
25 (The Secretary called the roll.)
4441
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1870, substituted earlier by Member of the
6 Assembly Mayer, Assembly Print 9932A, an act
7 establishing.
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, 62.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1871, by Senator Golden, Senate Print --
20 SENATOR DeFRANCISCO: Lay it aside
21 temporarily.
22 ACTING PRESIDENT GRIFFO: Lay it
23 aside temporarily.
24 THE SECRETARY: Calendar Number
25 1872, substituted earlier by Member of the
4442
1 Assembly Otis, Assembly Print 10100, an act to
2 amend the General Municipal Law.
3 ACTING PRESIDENT GRIFFO: There is
4 a home-rule message at the desk.
5 The Secretary will read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1873, by Senator Gallivan, Senate Print 7658, an
17 act to amend the Criminal Procedure Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61. Nays, 1.
4443
1 Senator Hassell-Thompson recorded in the
2 negative.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1874, by Senator Klein, Senate Print 7799A, an
7 act to amend the Public Health Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1875, by Senator Ritchie, Senate Print 7806, an
20 act to authorize.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
4444
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1876, substituted earlier by Member of the
8 Assembly Harris, Assembly Print 10201, an act to
9 amend the Elder Law.
10 ACTING PRESIDENT GRIFFO: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the same date and in the
14 same manner as Chapter 59 of the Laws of 2016.
15 ACTING PRESIDENT GRIFFO: The
16 Secretary will call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1877, substituted earlier by Member of the
23 Assembly Thiele, Assembly Print 10259A, an act to
24 amend the Economic Development Law.
25 ACTING PRESIDENT GRIFFO: Read the
4445
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 90th day.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1878, substituted earlier by Member of the
12 Assembly Brennan, Assembly Print 10421, an act
13 to repeal.
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, 62.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1879, by Senator Addabbo, Senate Print 8043, an
4446
1 act to amend Chapter 288 of the Laws of 2014.
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, 62.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1880, substituted earlier by Member of the
14 Assembly Brindisi, Assembly Print 8202A, an act
15 to amend the Transportation Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4447
1 THE SECRETARY: Calendar Number
2 1881, by Senator Young, Senate Print 8055, an act
3 to amend the Public Service Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1882, by Senator Nozzolio, Senate Print 8065, an
16 act to amend the Volunteer Firefighters' Benefit
17 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 ACTING PRESIDENT GRIFFO: Senator
4448
1 Kaminsky to explain his vote.
2 SENATOR KAMINSKY: Mr. President, I
3 rise to vote in support of this bill.
4 Senator Nozzolio, I know the fire
5 services are going to miss your leadership on
6 this and many other issues. I don't think we can
7 say it here enough, how much we rely, depend on,
8 and need to thank our volunteer firefighters.
9 Every day we go to sleep at night
10 knowing that they'll be there for us in the worst
11 of times, and they make life and death decisions
12 that benefit us every single day.
13 The science is clear about their
14 exposure to cancer-causing chemicals. For what
15 they do for us, the least we can do for them is
16 recognize the dangers they face and treat them
17 accordingly in this bill. This bill that expands
18 presumptive cancer coverage is an excellent bill.
19 I would urge the Assembly to take it up and
20 commend the sponsor for not only this bill, but
21 all of his work on behalf of our great volunteer
22 firefighters.
23 I vote in the affirmative.
24 ACTING PRESIDENT GRIFFO: Senator
25 Kaminsky to be recorded in the affirmative.
4449
1 Announce the results.
2 THE SECRETARY: Ayes, 61. Nays, 1.
3 Senator Krueger recorded in the negative.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1883, by Senator Robach, Senate Print 8066, an
8 act to amend the --
9 SENATOR DeFRANCISCO: Lay it aside
10 for the day, please.
11 ACTING PRESIDENT GRIFFO: Lay the
12 bill aside for the day.
13 THE SECRETARY: Calendar Number
14 1884, by Senator Flanagan, Senate Print 8093, an
15 act to amend the Insurance Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 12. 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, 62.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4450
1 THE SECRETARY: Calendar Number
2 1885, substituted earlier by Member of the
3 Assembly Richardson, Assembly Print 9712A, an act
4 to amend the Elder Law.
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, 62.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1886, by Senator Hannon, Senate Print 8107, an
17 act to amend the Civil Service 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, 62.
4451
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1887, by Senator Hannon, Senate Print 8108, an
5 act to amend the Public Health Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: In relation to
16 Calendar 1887, those recorded in the negative are
17 Senators Hoylman, Perkins and Squadron.
18 Ayes, 59. Nays, 3.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1888, by Senator Young, Senate Print 8109, an act
23 to establish.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4452
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, 62.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1889, by Senator DeFrancisco, Senate Print 8114,
11 an act to amend the County Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect April 1, 2017.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GRIFFO: Senator
20 DeFrancisco to explain his vote.
21 SENATOR DeFRANCISCO: Yes. This is
22 a very important bill, and I appreciate the
23 unanimous support of it.
24 As everyone here probably knows,
25 there was a lawsuit brought by five counties and
4453
1 the ACLU, and in that lawsuit they were claiming
2 that the State of New York's Constitution
3 requires the state to provide indigent legal
4 defense counsel.
5 The state has been providing it, but
6 the counties have been paying for it, and there's
7 been no uniform system throughout the state.
8 That lawsuit -- one of the counties
9 was one of my counties, Onondaga. That lawsuit
10 resulted in a settlement that the Governor
11 settled with the various parties to provide for
12 the state takeover of the cost of indigent legal
13 defense counsel.
14 It works for several reasons.
15 Number one, it's a constitutional requirement.
16 Number two, it's an incredibly important removal
17 of an unfunded mandate on the counties.
18 Unfortunately, that lawsuit only
19 provided for the five counties that were parties
20 to the lawsuit. I have another county, Cayuga,
21 that I represent, and all of you have other
22 counties, other than the five, who weren't bound
23 by that lawsuit.
24 So this bill simply does this. It
25 takes up the settlement that only applied to five
4454
1 counties and requires it to be applied to the
2 rest of the counties. Due to the fiscal impact,
3 there is a phase-in of the cost that the state
4 picks up over the period of this bill, and then
5 all individuals will be provided indigent legal
6 defense during the arraignment portion of the
7 proceedings and the counties will no longer have
8 to pay for those expenses.
9 So it's a great bill. I'm happy
10 that all of you recognized it. There's a same-as
11 in the Assembly that will probably pass
12 momentarily.
13 Thank you, Mr. President.
14 ACTING PRESIDENT GRIFFO: Senator
15 DeFrancisco to be recorded in the affirmative.
16 Senator Hassell-Thompson to explain
17 her vote.
18 SENATOR HASSELL-THOMPSON: Thank
19 you, Mr. President.
20 I rise to congratulate Senator
21 DeFrancisco on this bill and to let him know that
22 certainly, as the person who began the
23 legislation that helped to create the indigent
24 defense fund, and who walked through the Hurrell
25 case that he just cited, I am very pleased that
4455
1 there are other counties that are going to be
2 involved in their ability to provide indigent
3 defense.
4 Because it has always been my
5 belief, as I stood on this floor -- as I stood on
6 this floor and talked about Gideon and how
7 important that I felt it was that everyone who
8 comes before the court should in fact be properly
9 represented by attorneys.
10 And so, Senator -- I'm complimenting
11 you, Senator DeFrancisco.
12 ACTING PRESIDENT GRIFFO: Can I
13 have some order in the house, please.
14 SENATOR DeFRANCISCO: I'm sorry,
15 the sponsor in the Assembly was here --
16 SENATOR HASSELL-THOMPSON: I know,
17 I saw her.
18 SENATOR DeFRANCISCO: -- very, very
19 happy.
20 SENATOR HASSELL-THOMPSON: Yes.
21 SENATOR DeFRANCISCO: I'm sorry.
22 SENATOR HASSELL-THOMPSON: That's
23 okay.
24 No, what I was saying was that it's
25 a continuation of the work that we have been
4456
1 attempting to do to ensure that all of the people
2 of the State of New York have proper
3 representation and that the cost of such
4 representation is not borne by the counties
5 themselves but by the state.
6 And so I congratulate you, and I
7 support this bill. Thank you.
8 ACTING PRESIDENT GRIFFO: Senator
9 Hassell-Thompson to be recorded in the
10 affirmative.
11 Senator Panepinto to explain his
12 vote.
13 SENATOR PANEPINTO: Yes, I'd also
14 like to thank Senator DeFrancisco.
15 This is an important bill. Indigent
16 defense is, you know, a big issue across the
17 state. It's not a New York City issue, it's not
18 an Onondaga County issue, it's not an Erie County
19 issue, it's a state issue. And how we treat some
20 of the most vulnerable in our society -- you
21 know, people who are accused of crimes who cannot
22 afford a defense -- is a great measurement.
23 And I want to thank the Senator. As
24 somebody who started off his career doing
25 indigent defense, it is very important that
4457
1 people across the state get good and fair
2 representation, and this bill will do that. And
3 it will take the burden off of the counties and
4 place it where it belongs.
5 So I applaud you, Senator
6 DeFrancisco.
7 ACTING PRESIDENT GRIFFO: Senator
8 Panepinto to be recorded in the affirmative.
9 Senator Breslin to explain his vote.
10 SENATOR BRESLIN: Thank you,
11 Mr. President.
12 I stand, I'll echo the remarks of
13 Senator Panepinto and Senator Ruth
14 Hassell-Thompson in congratulating John
15 DeFrancisco for doing a great job, and my
16 fellow -- the Assemblyperson from Albany, Pat
17 Fahy, and the County of Albany for leading the
18 charge to make sure that we treated defendants
19 equally across the state, it wasn't dependent
20 upon how much money a county had or
21 philosophically should we give more money for
22 representation or not.
23 Now there will be an equality of
24 representation, a consistency in representation.
25 And it's placed where it should be, with the
4458
1 State of New York. And as Senator DeFrancisco
2 said, not an unfunded mandate but a mandate
3 that's paid by the state and gives consistent,
4 fair representation for all defendants.
5 I applaud the sponsor. It's a great
6 day for the citizens of New York.
7 Thank you, Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Breslin to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1890, by Senator Young, Senate Print 8116, an act
16 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 immediately.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT GRIFFO: The bill
4459
1 is passed.
2 THE SECRETARY: Calendar Number
3 1891, by Senator Hannon, Senate Print 8117, an
4 act to amend the Executive Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1892, by Senator Hannon, Senate Print 8129, an
17 act to amend the Public Health Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 8. 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, 62.
4460
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1893, by Senator Carlucci, Senate Print 8131, an
5 act relating to.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 8. This
9 act shall take effect July 1, 2016.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 56. Nays, 6.
14 Senators Akshar, Bonacic, Boyle, Griffo, Lanza
15 and Larkin recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1894, by Senator Ortt, Senate Print 8137, an act
20 to amend the Insurance Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
4461
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1895, by Senator Amedore, Senate Print 8138, an
8 act to amend the Education Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT GRIFFO: Senator
17 Amedore to explain his vote.
18 Can I have some order in the house,
19 please.
20 SENATOR AMEDORE: Thank you,
21 Mr. President. I rise to explain my vote.
22 These series of bills that we're
23 voting on of the heroin crisis that we have and
24 we've been facing in the State of New York will
25 go a long way, and this really puts New York at a
4462
1 much more solid footing and ground to lead and
2 push forward in this crisis to finally help
3 eradicate and to bring much relief to our
4 residents in the State of New York.
5 This series of bills will increase
6 and expand the insurance coverage for those
7 suffering with addiction. They'll make treatment
8 options more easily accessible in all areas of
9 the state. And we'll also be increasing more
10 education and prevention services and efforts
11 from the classroom at a young age all the way to
12 the physician who is prescribing an opiate drug.
13 There's no question that we're making a strong
14 investment in the wraparound services to help
15 people stay in recovery.
16 So, Mr. President, I support this.
17 I hope that we all support this package of bills
18 to really bring the relief of those who are
19 struggling with addiction in the State of
20 New York.
21 I vote aye, Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Amedore to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 62.
4463
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1896, by Senator Murphy, Senate Print 8139, 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 ACTING PRESIDENT GRIFFO: Okay,
14 Senator Murphy to explain his vote.
15 But again {gaveling}.
16 SENATOR MURPHY: Thank you,
17 Mr. President.
18 I rise today to voice my support of
19 this incredibly important legislation. After
20 nearly two years traveling around this great
21 State of New York as the cochair of the New York
22 State Senate Task Force on Heroin and Opioid
23 Abuse, we have seen firsthand the devastation
24 that it has caused. Ladies and gentlemen, I
25 think everybody in this chamber knows darn well
4464
1 that we have an epidemic on our hands.
2 Along with my colleagues, I'd like
3 to thank George Amedore, Rob Ortt, and Senator
4 Akshar for traveling around the great state and
5 listening, firsthand, to horror story after
6 horror story about the devastation that the
7 heroin epidemic has been ravaging New York State
8 and none the less the United States. It doesn't
9 matter if you're a man, if you're a woman, if
10 you're black, if you're white, what religion you
11 have. It has shaken down very, very, very good
12 families.
13 It doesn't matter if you live in
14 Brooklyn, in Queens, Rochester, Long Island, the
15 Hudson Valley, anywhere. We all know what's
16 going on. And we did it. We've been around
17 here, this legislation right here -- I would like
18 every single one of my colleagues to pick this up
19 and read it, because this is what we're voting on
20 today, some great stuff that we've learned, what
21 we could do for the people of New York State, how
22 we can help them.
23 We know it's a four-pronged
24 approach: Prevention, treatment, recovery and
25 yes, yes, the magic word, a little enforcement.
4465
1 The prevention piece, allowing
2 medical doctors to have the education on pain
3 control, on pain medication. Allowing these
4 people that are getting caught and used with
5 Narcan not once, but sometimes twice and three
6 times in the same day, to have a 72-hour hold to
7 protect themselves, nonetheless the other people.
8 The treatment. There's no
9 preauthorization anymore. Fourteen days you're
10 allowed in. We've dealt with the insurance
11 companies. They're on board with us.
12 Recovery, the wraparound services,
13 this is where people, when we allow them to walk
14 out the door, that we're there to hold their
15 hands and make sure that they have a chance to
16 recover.
17 And the enforcement. If we've heard
18 it once, we've heard it twice. We're not
19 arresting ourselves out of this issue, we
20 understand that. It's the major drug traffickers
21 that we are going after, that we would like to go
22 after, that use it as a business. Those are the
23 ones that should have the stiffer penalties.
24 Folks, it has been an honor and a
25 privilege to be able to do something like this
4466
1 for the people of the State of New York. I,
2 Mr. President, will be voting aye, and I
3 encourage all my colleagues to pick up a packet
4 of our report. You'd be darn proud of what we
5 all did and how we are going to help New York
6 State.
7 Thank you, Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Murphy to be recorded in the affirmative.
10 Senator Savino to explain her vote.
11 SENATOR SAVINO: Thank you,
12 Mr. President.
13 I want to thank Senator Murphy for
14 his advocacy and his passion and his knowledge on
15 this; Senator Amedore; Senator Hannon; the
16 Governor; and everyone who's been involved in
17 this issue. Many of us have watched the effects
18 of this in our own community.
19 I want to make particular mention of
20 my colleague across the aisle on the other side
21 of Staten Island, Senator Lanza. He joined with
22 Assemblyman Cusick several years ago to begin to
23 try and address the issue of overprescribing of
24 opioids.
25 We are in a very interesting place
4467
1 right now. We're trying to figure out how to
2 deal with the end result of opioid abuse and its
3 concomitant connection to the heroin crisis, and
4 we're making great progress. But let's not kid
5 ourselves. This started out with people in pain.
6 It did not start out with people looking to use
7 drugs for recreational purposes.
8 There are people who wind up hurt,
9 injured, or develop chronic debilitating
10 conditions. And unfortunately, our managed care
11 system is driving people towards opioids far more
12 than it drives people towards the treatment that
13 will help them.
14 So our work is not done here. We're
15 taking tremendous steps, and I want to commend
16 everyone for their efforts. But we need to
17 examine the policies that say if your doctor says
18 you need physical therapy to deal with
19 postsurgery, that those physical therapy
20 copays are affordable so that you're not required
21 to remain on drugs instead of going to physical
22 therapy. Most of them are $50 -- who can afford
23 that?
24 We need to work with our managed
25 care plans to really create wellness plans, not
4468
1 just maintenance plans. Because at the end of
2 the day we can solve the opioid problem, we can
3 develop all the addiction treatment programs we
4 want; these people are still going to be in pain.
5 You cannot manage addiction.
6 And in spite of all of this, there
7 is no mention whatsoever of a program that we
8 created here in New York State, medical
9 marijuana. In states where medical marijuana has
10 been in place, we have seen a corresponding
11 reduction in opioid usage for chronic pain. The
12 opioid abuse has been reduced, and heroin abuse
13 has been reduced as well.
14 So we have done tremendous work
15 here. Senator Murphy, you are to be commended;
16 Senator Amedore, Senator Hannon, the Governor.
17 But our work is not done. People will still be
18 in pain. They're going to need relief after they
19 recover from addiction. And we have an
20 obligation to see to it that we provide them all
21 of the avenues necessary to deal with sometimes a
22 lifelong pain.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Savino to be recorded in the affirmative.
4469
1 Senator Bonacic to explain his vote.
2 SENATOR BONACIC: Thank you,
3 Mr. President.
4 First of all, let me congratulate
5 Senator Murphy, Senator Amedore, Senator Hannon.
6 This task force started in 2015. They went all
7 over the state. And they continued to do it in
8 2016.
9 This is not a matter of getting
10 credit. This is a matter of addressing a heroin
11 crisis in the United States as well as New York.
12 And what I have found in my
13 district, when someone is addicted to heroin,
14 besides maybe destroying their life, they destroy
15 a family, a family that heroin addict lives with.
16 And the other thing that hit me on
17 this is that -- and I think Senator Savino
18 touched on it -- when you see a doctor, you break
19 a leg, they follow you. You go to get therapy,
20 you come back to the doctor. They trace your
21 progress. But when an addict goes to see a
22 doctor, and they let them -- you know, they give
23 them some medication and they're done with them.
24 They're done with them.
25 And what we need is continuing help
4470
1 for that addict not to fall back on that
2 addiction. So how do you solve that problem?
3 There are drug counselors, and in
4 our area we have -- like in Mid-Hudson, if in
5 Orange County -- and by the way, it's number one
6 in heroin addiction in the State of New York. To
7 get to go see a counselor, they've got to drive
8 to Yonkers in Westchester County. And none of
9 them go. And most of the peer-to-peer counseling
10 is someone that was addicted, and now they know
11 how to get them back or try to get them back.
12 So I know we have to do more. But I
13 think the next step is we've got to set up -- and
14 it could be a retail store -- these drug
15 counseling services in every county to get that
16 addict -- where the medical profession doesn't
17 take care of them once they let them go -- to try
18 to get them strong so that they can stand on
19 their two legs and lead a productive life.
20 We are all in this together, and
21 this is the number-one crisis in America. And we
22 have to do it together.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: Senator
25 Bonacic to be recorded in the affirmative.
4471
1 Senator Montgomery to explain her
2 vote.
3 SENATOR MONTGOMERY: Yes,
4 Mr. President, thank you. To explain my vote.
5 I want to compliment Senator Amedore
6 and Senator Murphy, and I compliment you today on
7 doing the right thing. Because, what, 30,
8 40 years ago, we did the absolute opposite to
9 what you're doing today. And so what happened
10 was we filled the prisons with people who were
11 suffering from various aspects of drug addiction.
12 So today we are changing what we did
13 wrong, and correcting it, and your legislation
14 helps us do that.
15 And I understand that Senator Savino
16 says this is just the beginning, but it's a good
17 beginning. So I'm very happy. And I'm
18 especially happy that you have emphasized that
19 the last thing on your list of treatment
20 modalities, if you will, was criminalizing people
21 who have what you now refer to, what we now refer
22 to as a health-related problem, as opposed to
23 having an addiction.
24 You're talking about treatment.
25 You're talking about education. You're talking
4472
1 about prevention. You're talking about making
2 sure that the health insurance companies respect
3 the need for treatment for people. You're
4 talking about elimination of the barriers to
5 treatment. These are the things that we needed
6 to be talking about 30, 40 years ago, but we went
7 to the prison system for the answer. You're
8 going in the right direction.
9 So Senator Murphy, I compliment you.
10 Senator Amedore, I compliment you. I compliment
11 Senator Hannon, he's been working on this. And
12 let's -- for this particular era of our drug
13 addiction problem, let's go down the right road
14 so people can look for recovery as opposed to
15 looking for a prison sentence which doesn't help
16 recovery or society and doesn't take us to where
17 we want to be.
18 So, Mr. President, I vote aye.
19 ACTING PRESIDENT GRIFFO: Senator
20 Montgomery to be recorded in the affirmative.
21 The chair has exercised some
22 latitude and flexibility, but I remind members
23 that we are on explanation of votes.
24 I will now recognize Senator Hannon.
25 SENATOR HANNON: Thank you very
4473
1 much, Mr. President.
2 I think it was 11 years ago that I
3 first passed a piece of legislation that allowed
4 for Naloxone. And so as we've expanded the
5 access to that, made it available at pharmacies
6 without a prescription, we've just seen a tidal
7 wave of the increase of this epidemic, the
8 opioid-heroin epidemic.
9 And I want to congratulate the three
10 heads of the task force this year -- Senator
11 Ortt, Senator Amedore, Senator Murphy -- because
12 they brought fresh eyes to the problem, fresh
13 outrage to the problem, have caused greater
14 change in the three bills that we have today, and
15 also have marked the fact that, just as Senator
16 Savino said, we have not finished this battle.
17 We're going to be here again.
18 But we're talking about it in a
19 positive way. We're talking about it in a
20 constructive way. Not only the three bills
21 today, but we also did some major things in the
22 budget, in partnership with Governor Cuomo. We
23 have increased the peer programs, the adolescent
24 clubhouses, the recovery centers. There's new
25 treatment beds, there's new slots for rehab.
4474
1 This is a major problem we have. I
2 congratulate everybody in this chamber because
3 you have dealt with your constituents' problems,
4 you know how difficult it is, and you know how
5 hard the road will be in the future. But at
6 least we have made a major contribution to this
7 problem today with these bills.
8 Thank you.
9 ACTING PRESIDENT GRIFFO: Senator
10 Hannon to be recorded in the affirmative.
11 Senator Panepinto to explain his
12 vote.
13 SENATOR PANEPINTO: Thank you,
14 Mr. President.
15 I'm also going to be supporting this
16 bill, and I want to thank Senators Murphy and
17 Amedore. And I've had conversations with Senator
18 Murphy about this.
19 We have a healthcare crisis in this
20 country, as Senator Savino said. We've pushed
21 people towards these opiates. We've denied them
22 physical therapy, we've denied them chiropractic
23 care, we've denied them non-narcotic pain creams.
24 And we've allowed, you know, insurance
25 carriers -- and our own Workers' Compensation
4475
1 Board in this state guides people towards, you
2 know, these heavy narcotics because they won't
3 approve palliative care for people who have
4 long-term injuries.
5 So we've only begun to deal with
6 this problem, and we've got to work with our own
7 state agencies to make sure that we're helping
8 people get the pain relief they need and pushing
9 them away from opiates. But that means doing
10 sensible things. And we've got to take up those
11 in our next session.
12 But I want to compliment Senator
13 Murphy and Senator Amedore and Senator Ortt.
14 This is a step in the right direction, and I'll
15 be voting aye.
16 ACTING PRESIDENT GRIFFO: Senator
17 Panepinto in the affirmative.
18 Senator Ranzenhofer to explain his
19 vote.
20 SENATOR RANZENHOFER: Thank you,
21 Mr. President. I also rise to explain my vote
22 and to vote in the affirmative.
23 And I'd also like to congratulate
24 the three cochairs of the task force this year:
25 Senator Ortt, Senator Amedore, and Senator
4476
1 Murphy. And I'm particularly grateful for
2 Senator Ortt, who attended a hearing that we had
3 in my district, in Amherst, New York, not too
4 long ago.
5 You know, when you sit there and you
6 listen to the stories of the families and what
7 they have gone through and how it really
8 transcends --
9 ACTING PRESIDENT GRIFFO: Can I
10 have some order in the house, please. We have
11 members trying to explain votes.
12 Again, I see a number of
13 conversations taking place in the chamber that I
14 would ask please take outside the chamber, and
15 let us give the respect and courtesy to the
16 member that is speaking.
17 Senator Ranzenhofer.
18 SENATOR RANZENHOFER: Thank you.
19 As I was saying, it transcends
20 entire communities, from north to south. And
21 again, you know, no matter what type of family
22 you have, you know, when you see mothers and
23 fathers that come to the hearings with
24 photographs of their children -- who are great
25 kids and all of a sudden, you know, were
4477
1 prescribed some sort of prescription medication,
2 they become addicted, and it tears them and their
3 families apart -- it's very, very sad.
4 I'd also be remiss if I didn't
5 acknowledge Senator Hannon, who's been a leader
6 in this area for many, many years as the chair of
7 Health, but also Senator Boyle. Some of us may
8 forget that the first task force that we had
9 several years ago was chaired by Senator Boyle.
10 And at that time it was a one-man
11 show, or a one-Senator show, and he traveled
12 throughout the state to really jump-start it.
13 And the three chairs that we have now really
14 built on the successes that he had. And I recall
15 a hearing that I had three years ago in Batavia
16 where we heard from, you know, many of the same
17 types of individuals -- a different community,
18 but the problems were the same.
19 Now, one of the things that I just
20 wanted to comment on is when we have these task
21 force hearings and we have people there from
22 prevention, and we have medical providers, we
23 also have law enforcement, one of the things that
24 the folks from law enforcement say is that you
25 can't arrest your way out of this problem, that
4478
1 you have to deal with the prevention and the
2 rehabilitation and the education of both the
3 people that are addicted and the families.
4 But one thing that -- and the only
5 negative part of this, which I'm a little
6 disappointed of, is there are still bad actors
7 out there that are poisoning our community. And
8 the people that are in this for the business
9 aspect, to make money and to harm people, I still
10 think that we need to address this.
11 And again, I think this is step one.
12 In the budget we appropriated well over
13 $100 million to deal with this program, more than
14 we had done previously and more than the Governor
15 had recommended. So I think that everybody in
16 this chamber gets it. We acknowledge that we
17 have a problem, it's cutting across all of our
18 communities. And I'm very happy to support these
19 pieces of legislation and the great effort that
20 was led this year by Senators Ortt, Amedore and
21 Murphy. So gentlemen, thank you.
22 And I'll be voting yes.
23 ACTING PRESIDENT GRIFFO: Senator
24 Ranzenhofer to be recorded in the affirmative.
25 Senator Latimer to explain his vote.
4479
1 SENATOR LATIMER: Mr. President,
2 when I go home -- hopefully we all get home
3 today -- I get to pull into a driveway next to a
4 hedge next to our next-door neighbors, the
5 McWilliams. The McWilliam family that lives next
6 door to me, Jim McWilliam is a doctor, an
7 orthopedic surgeon of great ability. Cassie
8 McWilliam is a tremendous woman; among many
9 things, she is an Iron Man triathlete. They have
10 two lovely children, a boy and a girl.
11 The boy, Hank, moved in at 10 years
12 old. I remember seeing Hank shoot hoops in his
13 driveway, and I saw him in full hockey gear when
14 he played high school hockey for my hometown high
15 school team. I also got to see Hank McWilliam in
16 a brown coffin at Graham Funeral Home three
17 months ago when he died of an opioid overdose.
18 When I go back home and I see Jim
19 McWilliam, we talk about the Yankees and the
20 Mets, we talk about the weather, because there's
21 something that we just can't talk about between
22 us because it's just too hard to talk about.
23 When I go back and see Jim the next
24 time, probably tomorrow or the day after, I will
25 remember Senator Murphy and Senator Amedore and
4480
1 my colleagues in this room. Today we have done
2 as much as government can do. We can do more.
3 But we've gone as far as a bridge across a river
4 that government can do. There are other things
5 that need to be done that's beyond legislation,
6 that's beyond our reach, even maybe our reach as
7 human beings.
8 But we can't bring Hank McWilliam
9 back. We can just do everything we can think of
10 to try to make sure that somebody else's
11 neighbor's son doesn't have this happen to them.
12 And that is what today is about. Senator Murphy,
13 Senator Amedore, and my friends, today we've done
14 what we can do to try to make sure that what
15 happened to Hank doesn't happen again.
16 With that, I sit down and have my
17 vote recorded in the affirmative.
18 ACTING PRESIDENT GRIFFO: Senator
19 Latimer to be recorded in the affirmative.
20 Senator Robach to explain his vote.
21 SENATOR ROBACH: Yes,
22 Mr. President, I will, let me just say
23 expeditiously, thank all my colleagues that were
24 involved in this: Senators Boyle, Ortt, Amedore,
25 Hannon, all those -- Murphy -- that did this.
4481
1 And this is what I'll just say, just
2 very quickly. I think we can say we got this
3 right in two ways. One in content of what we
4 addressed, and maybe even more importantly,
5 before I get to the content, we got it right in
6 response to people who are dealing with this
7 addiction, their families. And as Senator
8 Ranzenhofer said, we've dealt with a lot of
9 mothers that felt there was nowhere for them to
10 go.
11 And you know what? Heroin's always
12 been bad, drug addiction's bad. But the game
13 changed a couple of years ago when the heroin on
14 the street -- in my early days at Monroe County
15 in the early '80s, if you found heroin on the
16 street that was 12 or 14 percent, it was high.
17 The heroin on the street now that's killing these
18 people is 50 percent, usually cut with 50 percent
19 fentanyl, so you're doing 100 percent heroin.
20 And people are dying.
21 In the first phase, led by
22 Senator Boyle, we did the Narcan, which
23 literally, this body, what we implemented has
24 saved thousands of lives in New York State.
25 Without that, there would be more dead people,
4482
1 just like Senator Latimer said.
2 Phase two, plus the budget money,
3 we've done a lot of things to increase insurance
4 coverage, access to longer coverage. Things are
5 really going to be good. And that is what
6 parents were calling for. Trying to limit
7 prescriptions to opioids that lead things into
8 heroin is all really, really good stuff.
9 So I think this is one that we can
10 say, in response to the community, in response to
11 parents and families, we did the right thing. I
12 do think we have to keep going a little bit more
13 even on the insurance side.
14 And I would agree -- I know Senator
15 Montgomery doesn't want any jail sentences, but I
16 think we ought to take the next last step. And
17 for the people that are choosing to make money
18 and sell drugs that they know, not over the
19 course of time, but almost instantly are deadly
20 and know exactly what they're doing to young
21 people, to old people, to white people, to black
22 people all across the state -- I think the
23 sentences need to get ratcheted up, and then we
24 can say we've done everything in our power to put
25 out this scourge and this terrible disease.
4483
1 But this bill is a great, great step
2 and I vote in the affirmative.
3 Thank you, Mr. President.
4 ACTING PRESIDENT GRIFFO: Senator
5 Robach to be recorded in the affirmative.
6 Senator LaValle to explain his vote.
7 SENATOR LaVALLE: Thank you,
8 Mr. President.
9 I want to start off by acknowledging
10 the Senators who have worked on this, toured the
11 entire state -- Senators Murphy, Ortt, Amedore --
12 and our early pioneers, Senator Boyle and Senator
13 Hannon.
14 You know, too many times in our
15 legislative life we can't get the attention we
16 need until we see the entire building on fire,
17 and then everyone gets engaged and begins to work
18 together to put out that fire.
19 I believe that we are at a time
20 where people are engaged. They realize that this
21 is an epidemic. They realize that the building
22 is on fire. In my district, as I am sure in each
23 member's district, I am hearing from funeral
24 directors that they are looking down at a casket
25 and seeing far too many young people in that
4484
1 casket.
2 My own doctor has said when he goes
3 to the emergency room, every time he goes in,
4 there is at least two people who have a reaction
5 to heroin and are acting out in the emergency
6 room.
7 So we have a generation, at least,
8 the millennial generation, who is really being
9 affected by this, and even those younger than the
10 millennial generation.
11 In a few of the schools in my
12 district, they have in place early detection
13 where a student is having problems, problems that
14 we can indicate are of a mental health variety.
15 And so it's important that we also, besides the
16 package that we have, make sure that our
17 districts and our colleges and universities have
18 the resources to deal with the mental health
19 issues that students are having at this time. It
20 is those issues that begin -- those students both
21 young and at the collegiate level, to go down a
22 trail of drinking too much, too much dependency
23 on drugs.
24 So I think this session, in terms of
25 this issue, has been really great. And once
4485
1 again, thank you to the Senators who put in time
2 above their normal hours that they put in in
3 their own districts.
4 ACTING PRESIDENT GRIFFO: Senator
5 LaValle to be recorded in the affirmative.
6 Senator Kaminsky to explain his
7 vote.
8 SENATOR KAMINSKY: Thank you,
9 Mr. President.
10 I rise today optimistic and in
11 support of this package of bills. And I really
12 thank those who took the lead in this for doing
13 so.
14 Look, we have been losing a war for
15 quite some time. A young principal of Oceanside
16 Middle School, that I represent, went to three
17 funerals just last summer of former students.
18 It's gotten way out of control. And today we are
19 taking the right steps in addressing that, with
20 prevention, with treatment.
21 But there is one thing that needs to
22 be talked about more which is also a part of this
23 puzzle that we're trying to solve, which is
24 mental health. There are far too few providers.
25 It is far too hard to get insurance companies to
4486
1 cover proper mental health coverage. And I've
2 talked to way too many parents who have had
3 children suffering from illnesses that they were
4 not able to properly treat through the proper
5 medical course.
6 What makes this scary -- and I've
7 talked to my colleagues across the aisle about
8 this, and I'm certainly glad that this is a
9 bipartisan effort -- is that, you know, there
10 isn't one type of person that's affected by this.
11 This is all of our children. But there is a
12 particular aspect about mental health here that
13 we need to address better going forward.
14 But these efforts are monumental,
15 and I do hope this turns the tide. And I'll be
16 there to help push in any way I can. And I thank
17 the sponsors for yeoman's work in getting this
18 done.
19 I vote in the affirmative.
20 ACTING PRESIDENT GRIFFO: Senator
21 Kaminsky to be recorded in the affirmative.
22 Senator Seward to explain his vote.
23 SENATOR SEWARD: Thank you,
24 Mr. President.
25 I too want to stand and commend the
4487
1 leaders of our Task Force on Heroin and Opioid
2 Addiction. Back in 2014, Senator Boyle chaired
3 our task force. And of course more recently
4 Senators Amedore, Ortt and Murphy.
5 I was very pleased that on two
6 occasions they came into my district to have a
7 forum on this very issue. Because it became very
8 apparent quickly that this was not a big city
9 problem, it was not a rural or a small town
10 problem, this is a problem throughout the State
11 of New York, regardless of size of community. It
12 cuts across all segments of our population,
13 economic standing, everyone. It impacts everyone
14 across the State of New York.
15 This heroin and opioid addiction
16 problem destroys individuals and their lives, it
17 destroys families, and it destroys whole
18 communities. And that's why it's very, very
19 important that we take major steps to combat this
20 very, very serious problem.
21 We did some things back in 2014. We
22 started down the path of fighting this epidemic.
23 Very important that we take major additional
24 steps, and that's what this package that we're
25 enacting here this afternoon does. A
4488
1 multipronged strategy to combat this terrible
2 scourge: Prevention, treatment, and recovery.
3 And all three very, very important, and they are
4 addressed in this package of bills.
5 I would agree with others who have
6 said there's a fourth strategy that we need to
7 get even more serious on, and that is on law
8 enforcement, to give our law enforcement
9 officials more tools to come down tougher on
10 those who profit and prey on those who are
11 addicted. That can come later. But today is a
12 day to focus on prevention, treatment, and
13 recovery. That's what this package does.
14 I'm very pleased to support these
15 bills. Thank you, Mr. President.
16 ACTING PRESIDENT GRIFFO: Senator
17 Seward to be recorded in the affirmative.
18 Senator Breslin to explain his vote.
19 SENATOR BRESLIN: Thank you very
20 much, Mr. President.
21 I think this is a great day for the
22 New York State Senate, and I commend Senator
23 Murphy, Senator Ortt, Senator Amedore, Senator
24 Hannon for all his work over the years, Senator
25 Boyle, and many members on this side of the aisle
4489
1 as well. And there's a non-Senator I'd like to
2 point out, and that would be our former
3 sergeant-at-arms, Ms. Farrell, who in 2013 came
4 to me and several others and talked about Laree,
5 her daughter, her 18-year-old daughter who died
6 of an overdose.
7 And she has taken the cudgel. She
8 came to your hearings, testified, came to
9 Assembly hearings and testified. And in 2013 she
10 came to the first forum that we held in the
11 New York State Senate, and I don't think I've
12 ever seen a more compelling witness, a more
13 compelling witness who highlighted opioid abuse
14 and our inability, as Senator Seward said, to do
15 prevention and treatment.
16 There wasn't much prevention then.
17 There wasn't much treatment then. In fact, the
18 mode of treatment frequently was the same as we
19 did for those people with alcohol addictions:
20 Try a little outpatient, see if it works. And as
21 you guys know, that frequently is way too late.
22 This is a day that everyone in this
23 Senate can be proud of. It's a day that will
24 change the lives of thousands and thousands of
25 people. And it will make New York State the
4490
1 leader, the leader in prevention and the leader
2 in treatment, and hopefully the end result is the
3 total leader in recovery. So everyone can hold
4 their heads high.
5 Accordingly, I vote in the
6 affirmative.
7 ACTING PRESIDENT GRIFFO: Senator
8 Breslin to be recorded in the affirmative.
9 Senator Akshar will conclude
10 explanation of votes.
11 SENATOR AKSHAR: Thank you,
12 Mr. President. I rise just for a couple of
13 thoughts.
14 I want to echo what Senator Breslin
15 just said. I think we should hold our heads high
16 today in the New York State Senate. This is
17 exactly the way that government is supposed to
18 work. On this particular issue, we set our
19 political differences aside, we took a bottom-up
20 approach, not a top-down. We listened. That's
21 exactly what the people we represent want us to
22 do. They want us to listen to them. We did
23 that.
24 I applaud the cochairs of the Heroin
25 Task Force. You traveled the state and you
4491
1 listened. You know, you took the bottom-up
2 approach. And I've often said, not only at home
3 but often also in Albany, that this is a
4 community issue that requires a community
5 response. And we're doing that.
6 So I would respectfully offer to
7 everyone here that we shouldn't give up the
8 fight, we should continue to do everything we
9 possibly can, and we should all do our part in
10 continuing to ensure that we reduce the stigma
11 that surrounds this terrible addiction and this
12 terrible scourge that we know as the heroin
13 epidemic.
14 Mr. President, I vote aye.
15 ACTING PRESIDENT GRIFFO: Senator
16 Akshar to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 Calendar Number 1897, by Senator
22 Ortt, is high and ineligible for consideration at
23 this time.
24 That brings us to Calendar Number
25 1898, where we will have a substitution.
4492
1 The Secretary will read.
2 THE SECRETARY: In relation to
3 Calendar 1898, Senator Carlucci moves to
4 discharge, from the Committee on Rules, Assembly
5 Bill Number 10689 and substitute it for the
6 identical Senate Bill 8156, Third Reading
7 Calendar 1898.
8 ACTING PRESIDENT GRIFFO: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1898, by the Assembly Committee on Rules,
13 Assembly Print 10689, an act to amend the Real
14 Property Tax 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, 62.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 Senator DeFrancisco.
4493
1 SENATOR DeFRANCISCO: Yes, I
2 understand that we have one last bill that was
3 laid aside temporarily, 1871, by Senator Golden.
4 Could we please take that up now.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will read on the substitution.
7 THE SECRETARY: In relation to
8 Calendar 1871, Senator Golden moves to discharge,
9 from the Committee on Rules, Assembly Bill 10083B
10 and substitute it for the identical Senate Bill
11 7485B, Third Reading Calendar 1871.
12 ACTING PRESIDENT GRIFFO: It's
13 getting a little loud again. Please try to work
14 with us here.
15 The substitution is so ordered, and
16 the Secretary will read.
17 THE SECRETARY: Calendar Number
18 1871, by Member of the Assembly Lentol, Assembly
19 Print 10083B, an act to amend the Tax Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 14. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4494
1 (The Secretary called the roll.)
2 ACTING PRESIDENT GRIFFO: Senator
3 Golden to explain his vote.
4 SENATOR GOLDEN: Thank you,
5 Mr. President.
6 I rise to talk and thank my
7 colleagues for this great incentive that has been
8 placed here in the State of New York to make a
9 difference here for different industries that
10 will bring plenty of jobs to our good state.
11 The passage of this bill is a
12 long-overdue statement of support for the
13 creative class in New York, those who put in
14 tireless hours of practice, performance, and
15 programming, often at income levels way below the
16 poverty level -- despite advanced degrees and
17 total dedication to their vocations -- and
18 generate the greatest entertainment products in
19 the world.
20 From the classical violinist looking
21 to get his or her first string quartet recording,
22 to the game designer working at his or her first
23 commercial virtual world, to the hip-hop act
24 trying to get their message to the world,
25 New York has often been the most difficult place
4495
1 for them to succeed.
2 We are a microscopic blip of the
3 location of industries three times the size of
4 the film industry that we have so successfully
5 encouraged here in New York. This bill would
6 help these struggling performers, acts, and
7 designers have a chance to record and create in
8 New York and would give them the possibilities
9 that they could not possibly reach to and achieve
10 here in this great state, and receive universal
11 support from the music and gaming industries at
12 the same time.
13 This is truly an important
14 incentive. It will generate real employment
15 while not subsidizing those stars and directors
16 that do not need our taxpayer support.
17 We will grow these industries in all
18 parts of this great state and help us take our
19 rightful place in the nation and the globe's
20 leaders in those over $125 billion a year
21 industries. Seventeen billion in music here in
22 this great nation; we have 1 percent of that.
23 Twenty-five billion in digital, we have 4 percent
24 of that.
25 We can only do better. We can
4496
1 create more creativity here in this great, great
2 city and state. We can create more jobs and
3 energy. We can do the right thing with this
4 bill.
5 I would also sincerely thank my
6 colleagues in the Assembly in working for passage
7 of these bills. I urge this great Governor to
8 join us and help us by signing this great bill
9 and creating the creative capital that we should
10 be in this great world.
11 I thank my colleagues. I hope you
12 all vote aye. This is a great bill. This is for
13 jobs. This is for the future of these two great
14 industries here in the greatest state in the
15 greatest nation in the world.
16 Thank you, Mr. President. I vote
17 aye.
18 ACTING PRESIDENT GRIFFO: Senator
19 Golden to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 60. Nays, 2.
22 Senators Akshar and Krueger recorded in the
23 negative.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4497
1 Senator DeFrancisco, could you
2 please recognize Senator Stewart-Cousins, please.
3 ACTING PRESIDENT GRIFFO: Senator
4 Stewart-Cousins.
5 SENATOR STEWART-COUSINS: Thank
6 you, Mr. President.
7 I rise just briefly to thank this
8 body for the passage of a bill that will help
9 Yonkers rebuild its schools. For so many of you
10 who know what it takes to have an education
11 system that actually works and looks like it
12 works, you know how important this bill was.
13 It is the beginning of what will be
14 a long journey. Yonkers has about 39 schools;
15 their average age is 75 years old. And the
16 beginning of the renaissance of the school
17 buildings has begun with the vote today.
18 So I just wanted to thank my
19 colleagues. What you did is you helped to put
20 together a joint construction board so they could
21 begin trying to chart how to rehabilitate,
22 renovate and even add three new schools.
23 Yonkers, as you know, is part of the
24 Big Five. It at this point educates about
25 27,000 children, with the projection of needing
4498
1 4,000 more seats, because right now they are
2 exceeding capacity. Kids are in places that they
3 shouldn't be in, expected to put in a day of
4 learning that is all the more difficult because
5 the environment is not conducive.
6 So again, I want to thank you. I
7 want to congratulate the Assembly as well. I
8 think four of us represent Yonkers --
9 Assemblywoman Mayer and Assemblyman Gary Pretlow
10 and of course Senator George Latimer and myself.
11 And you know, with the partnership with the
12 government there and certainly across the aisle
13 and the Governor, we are beginning what will take
14 a while. But as we know, the journey of a
15 thousand miles begins with a step.
16 So again, thank you so very much.
17 Of course I vote aye.
18 ACTING PRESIDENT GRIFFO: Thank you
19 Senator Stewart-Cousins for your explanation of
20 vote on Calendar Number 1870.
21 Senator DeFrancisco, that completes
22 the noncontroversial reading of Senate
23 Supplemental Calendar 55A.
24 SENATOR DeFRANCISCO: We're moving
25 so quickly that we're wearing staff out. So
4499
1 we're going to have to go stand at ease for an
2 indeterminate amount of time.
3 And as soon as I know when that time
4 is, I will be back in and making another
5 announcement.
6 ACTING PRESIDENT GRIFFO: The
7 Senate will stand at ease.
8 (Whereupon, the Senate stood at ease
9 at 4:30 p.m.)
10 (Whereupon, the Senate reconvened at
11 6:55 p.m.)
12 ACTING PRESIDENT FARLEY: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: Yes,
15 Mr. President. I'd like to call an immediate
16 meeting of the Rules Committee in Room 332.
17 ACTING PRESIDENT FARLEY: Immediate
18 Rules Committee meeting in Room 332.
19 SENATOR DeFRANCISCO: And we'll
20 stand at ease until we get the report.
21 ACTING PRESIDENT FARLEY: The
22 Senate will stand at ease.
23 (Whereupon, the Senate stood at ease
24 at 6:55 p.m.)
25 (Whereupon, the Senate reconvened at
4500
1 7:15 p.m.)
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: The Rules
6 meeting just was completed. I mistakenly
7 indicated we'd be back here to take up the Rules
8 report, but that's not the case.
9 An audible was called, and we're
10 having an immediate meeting of the Republican
11 Conference in 332.
12 (Pause.)
13 ACTING PRESIDENT GRIFFO: There
14 will be an immediate meeting of the Republican
15 Conference in Room 332. There will be an
16 immediate meeting of the Republican Conference in
17 Room 332.
18 The Senate will stand at ease.
19 (Whereupon, the Senate stood at ease
20 at 7:16 p.m.)
21 (Whereupon, the Senate reconvened at
22 10:27 p.m.)
23 ACTING PRESIDENT GRIFFO: The
24 Senate will come to order.
25 Senator DeFrancisco.
4501
1 SENATOR DeFRANCISCO: Yes, just so
2 everybody knows the plan, we've got a couple of
3 housekeeping things and then we're going to call
4 a meeting of the Higher Education Committee so we
5 can start moving some of the nominations.
6 We will then do the new calendar
7 from the last Rules meeting. We'll accept the
8 Rules report first, and do the calendar. And
9 then we've got a few more active bills and, if
10 time permits, another Rules Committee meeting.
11 And the reason we're doing this is
12 because I think most people would rather not be
13 here till this time tomorrow night. And the more
14 we get done tonight and get down to the final
15 agreed-upon bills that we're all waiting for, we
16 have a better chance of getting out of here
17 tomorrow at a reasonable hour.
18 So the first order of business,
19 could I just return to motions and resolutions,
20 please.
21 ACTING PRESIDENT GRIFFO: We will
22 return to motions and resolutions.
23 SENATOR DeFRANCISCO: I wish to
24 call up my bill, Print Number 6315A, recalled
25 from the Assembly, which is now at the desk.
4502
1 ACTING PRESIDENT GRIFFO: Okay,
2 there's a lot of noise in the chamber right now,
3 and we've still got a lot to do here. So I'd ask
4 everybody if you're having conversations, please
5 take them outside of the chamber.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 810, by Senator DeFrancisco, Senate Print 6315A,
9 an act to amend the State Finance Law.
10 SENATOR DeFRANCISCO: I now move to
11 reconsider the vote by which the bill was passed.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll on reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 SENATOR DeFRANCISCO: And is the
17 bill restored to its place on the Third Reading
18 Calendar?
19 ACTING PRESIDENT GRIFFO: The bill
20 is so restored.
21 SENATOR DeFRANCISCO: Would you
22 please call on Senator Valesky.
23 ACTING PRESIDENT GRIFFO: Senator
24 Valesky.
25 SENATOR VALESKY: Thank you,
4503
1 Mr. President.
2 On behalf of Senator Klein, I wish
3 to call up his bill, 5485A, recalled from the
4 Assembly, which is now at the desk.
5 ACTING PRESIDENT GRIFFO: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 1442, by Senator Klein, Senate Print 5485A, an
9 act to amend the Vehicle and Traffic Law.
10 SENATOR VALESKY: I now move to
11 reconsider the vote by which this bill was
12 passed.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll on reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 SENATOR VALESKY: I now offer the
18 following amendments.
19 ACTING PRESIDENT GRIFFO: The
20 amendments are received.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO:
23 Mr. President, I'd like to now call an immediate
24 meeting of the Higher Education Committee.
25 We're going to do what we've done in
4504
1 the past; we'll leave the roll call open for
2 anyone who's in that committee meeting to vote
3 yea or nay on the bills that we deal with from
4 the last Rules report.
5 ACTING PRESIDENT GRIFFO: There's
6 an immediate meeting of the Higher Education
7 Committee in Room 332, an immediate meeting of
8 the Higher Education Committee in Room 332.
9 SENATOR DeFRANCISCO: Now, do you
10 have a report from the Rules Committee at the
11 desk?
12 ACTING PRESIDENT GRIFFO: There is
13 a report of the Rules Committee at the desk.
14 SENATOR DeFRANCISCO: Would you
15 please have it read.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: Senator Flanagan,
19 from the Committee on Rules, reports the
20 following bills:
21 Senate Print 24B, by Senator
22 DeFrancisco, an act to amend the Judiciary Law;
23 Senate 1860, by Senator Dilan, an
24 act to amend the Alcoholic Beverage Control Law;
25 Senate 3272A, by Senator Sanders, an
4505
1 act to direct;
2 Senate 5762, by Senator Robach, an
3 act to amend the State Finance Law;
4 Senate 5825B, by Senator Lanza, an
5 act to amend the Vehicle and Traffic Law;
6 Senate 6755, by Senator Ritchie, an
7 act to amend the Social Services Law;
8 Senate 6824A, by Senator Marchione,
9 an act to amend the Civil Practice Law and Rules;
10 Senate 7113, by Senator Martins, an
11 act to amend the Criminal Procedure Law;
12 Senate 7170A, by Senator Ritchie, an
13 act to amend the Tax Law;
14 Senate 7209A, by Senator Bonacic, an
15 act to amend the Judiciary Law;
16 Senate 7431A, by Senator Martins, an
17 act to amend the Workers' Compensation Law;
18 Senate 7791B, by Senator LaValle, an
19 act to amend the Education Law;
20 Senate 7805, by Senator Murphy, an
21 act to amend the Agriculture and Markets Law;
22 Senate 7987A, by Senator Savino, an
23 act to amend the Executive Law --
24 ACTING PRESIDENT GRIFFO: Okay, I'm
25 going to ask for silence in the house right now,
4506
1 because they're having difficulty hearing the
2 bills being read at the stenographer's desk.
3 Thank you.
4 Chris, you may continue.
5 THE SECRETARY: Senate 8031, by
6 Senator Bonacic, an act to amend the Racing,
7 Pari-Mutuel Wagering and Breeding Law;
8 Senate 8038, by Senator Lanza, an
9 act to amend the Administrative Code of the City
10 of New York;
11 Senate 8051, by Senator Venditto, an
12 act to amend the Vehicle and Traffic Law;
13 Senate 8054, by Senator Ranzenhofer,
14 an act to amend the Real Property Tax Law;
15 Senate 8063, by Senator Golden, an
16 act to amend the Real Property Tax Law;
17 Senate 8064, by Senator Golden, an
18 act to amend the Tax Law;
19 Senate 8091, by Senator Golden, an
20 act to direct;
21 Senate 8096, by Senator Little, an
22 act to amend the Public Housing Law;
23 Senate 8104A, by Senator Parker, an
24 act to amend the Penal Law;
25 Senate 8110, by Senator LaValle, an
4507
1 act to amend the Education Law;
2 Senate 8118, by Senator Hannon, an
3 act to authorize;
4 Senate 8119, by Senator Robach, an
5 act to amend the Railroad Law;
6 Senate 8124, by Senator Lanza, an
7 act to amend the Arts and Cultural Affairs Law;
8 Senate 8134, by Senator Klein, an
9 act to amend the Social Services Law;
10 Senate 8140, by Senator Lanza, an
11 act to amend the Alcoholic Beverage Control Law;
12 Senate 8141, by Senator Savino, an
13 act to amend the Public Authorities Law;
14 Senate 8146, by Senator Lanza, an
15 act to amend Chapter 154 of the Laws of 1921;
16 And Senate 8147, by Senator Felder,
17 an act to authorize.
18 All bills reported direct to third
19 reading.
20 ACTING PRESIDENT GRIFFO: I'll
21 entertain a motion.
22 SENATOR DeFRANCISCO: Yes, I move
23 to accept the Rules Committee report.
24 ACTING PRESIDENT GRIFFO: All in
25 favor of accepting the Committee on Rules report
4508
1 say aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT GRIFFO: Opposed?
4 (No response.)
5 ACTING PRESIDENT GRIFFO: The
6 Committee on Rules report is accepted and before
7 the house.
8 Senator DeFrancisco.
9 SENATOR DeFRANCISCO: Are there any
10 messages from the Assembly, please?
11 ACTING PRESIDENT GRIFFO: There are
12 messages.
13 The Secretary will read.
14 THE SECRETARY: Senator Robach
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 7784 and substitute it for
17 the identical Senate Bill 5762, Third Reading
18 Calendar 1902.
19 Senator Lanza moves to discharge,
20 from the Committee on Transportation, Assembly
21 Bill 5627B and substitute it for the identical
22 Senate Bill 5825B, Third Reading Calendar 1903.
23 Senator Marchione moves to
24 discharge, from the Committee on Judiciary,
25 Assembly Bill Number 9568A and substitute it for
4509
1 the identical Senate Bill 6824A, Third Reading
2 Calendar 1905.
3 Senator Martins moves to discharge,
4 from the Committee on Rules, Assembly Bill Number
5 2462A and substitute it for the identical Senate
6 Bill 7431A, Third Reading Calendar 1909.
7 Senator Savino moves to discharge,
8 from the Committee on Rules, Assembly Bill Number
9 10278A and substitute it for the identical Senate
10 Bill 7987A, Third Reading Calendar 1913.
11 Senator Lanza moves to discharge,
12 from the Committee on Rules, Assembly Bill Number
13 10266 and substitute it for the identical Senate
14 Bill 8038, Third Reading Calendar 1915.
15 Senator Ranzenhofer moves to
16 discharge, from the Committee on Rules, Assembly
17 Bill Number 10633 and substitute it for the
18 identical Senate Bill 8054, Third Reading
19 Calendar 1917.
20 Senator Little moves to discharge,
21 from the Committee on Housing, Construction and
22 Community Development, Assembly Bill Number 4102
23 and substitute it for the identical Senate Bill
24 8096, Third Reading Calendar 1921.
25 And Senator LaValle moves to
4510
1 discharge, from the Committee on Rules,
2 Assembly Bill Number 10707 and substitute it for
3 the identical Senate Bill 8110, Third Reading
4 Calendar 1923.
5 ACTING PRESIDENT GRIFFO: The
6 substitutions are so ordered.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: Can we now
9 take up the noncontroversial reading of the
10 Supplemental Calendar 55B.
11 ACTING PRESIDENT GRIFFO: We will
12 begin the noncontroversial reading of today's
13 Senate Supplemental Calendar 55B, which is at the
14 desks.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1899, by Senator DeFrancisco, Senate Print 24B --
18 SENATOR DeFRANCISCO: At the
19 directive of the Majority Leader, this bill is
20 laid aside for the day.
21 ACTING PRESIDENT GRIFFO: The bill
22 is laid aside for the day.
23 THE SECRETARY: Calendar Number
24 1900, by Senator Dilan, Senate Print 1860, an act
25 to amend the Alcoholic Beverage Control Law.
4511
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, 62.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1901, by Senator Sanders, Senate Print 3272A, an
13 act to direct.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 4. 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, 62.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1902, substituted earlier by Member of the
4512
1 Assembly Skoufis, Assembly Print 7784, an act to
2 amend the State Finance 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, 62.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1903, substituted earlier by Member of the
15 Assembly Perry, Assembly Print 5627B, an act to
16 amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 30th day.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT GRIFFO: The bill
4513
1 is passed.
2 THE SECRETARY: Calendar Number
3 1904, by Senator Ritchie, Senate Print 6755, an
4 act to amend the Social Services Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 30th day.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1905, substituted earlier by Member of the
17 Assembly McDonald, Assembly Print 9568A, an act
18 to amend the Civil Practice Law and Rules.
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.)
4514
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1906, by Senator Martins, Senate Print 7113, an
6 act to amend the Criminal Procedure 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: In relation to
15 Calendar 1906, those recorded in the negative are
16 Senators Dilan, Krueger, Montgomery, Perkins and
17 Rivera. Also Senator Squadron.
18 Ayes, 56. Nays, 6.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1907, by Senator Ritchie, Senate Print 7170A, an
23 act to amend the Tax Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4515
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. Nays, 1.
7 Senator Hamilton recorded in the negative.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1908, by Senator Bonacic, Senate Print 7209A, an
12 act to amend the Judiciary Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 8. This
16 act shall take effect on the 90th day.
17 ACTING PRESIDENT GRIFFO: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61. Nays, 1.
21 Senator Hamilton recorded in the negative.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1909, substituted earlier by Member of the
4516
1 Assembly Bronson, Assembly Print 2462A, an act to
2 amend the Workers' Compensation 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, 62.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1910, by Senator LaValle, Senate Print 7791B, an
15 act to amend the Education Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the 180th day.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61. Nays, 1.
24 Senator Hamilton recorded in the negative.
25 ACTING PRESIDENT GRIFFO: The bill
4517
1 is passed.
2 THE SECRETARY: Calendar Number
3 1911, by Senator Murphy, Senate Print 7805, an
4 act to amend the Agriculture and Markets Law.
5 ACTING PRESIDENT GRIFFO: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect two years after it shall
9 have become a law.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1913, substituted earlier by Member of the
18 Assembly Otis, Assembly Print 10278A, an act to
19 amend the Executive Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 60th day.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4518
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1914, by Senator Bonacic, Senate Print 8031, an
7 act to amend the Racing, Pari-Mutuel Wagering and
8 Breeding 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: In relation to
17 Calendar 1914, those recorded in the negative are
18 Senators Avella, Carlucci, Espaillat, Gianaris,
19 Hoylman, Krueger, Perkins, Ranzenhofer, Squadron
20 and Valesky.
21 Ayes, 52. Nays, 10.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1915, substituted earlier by Member of the
4519
1 Assembly Farrell, Assembly Print 10266, an act to
2 amend the Administrative Code of the City of
3 New York.
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, 62.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1916, by Senator Venditto, Senate Print 8051, an
16 act to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the 30th day.
21 ACTING PRESIDENT GRIFFO: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT GRIFFO: The bill
4520
1 is passed.
2 THE SECRETARY: Calendar Number
3 1917, substituted earlier by the Assembly
4 Committee on Rules, Assembly Print 10633, an act
5 to amend the Real Property Tax Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 61. Nays, 1.
14 Senator Hamilton recorded in the negative.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1918, by Senator Golden, Senate Print 8063, an
19 act to amend the Real Property Tax Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4521
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1919, by Senator Golden, Senate Print 8064, an
7 act to amend the Tax Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect January 1, 2017.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60. Nays, 2.
16 Senators Kennedy and Perkins recorded in the
17 negative.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1920, by Senator Golden, Senate Print 8091, an
22 act to direct.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 3. This
4522
1 act shall take effect on the 120th day.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1921, substituted earlier by Member of the
10 Assembly Wright, Assembly Print 4102, an act to
11 amend the Public Housing Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1922, by Senator Parker, Senate Print 8104A, an
24 act to amend the Penal Law.
25 ACTING PRESIDENT GRIFFO: Read the
4523
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first of November.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1923, substituted earlier by the Assembly
12 Committee on Rules, Assembly Print 10707, an act
13 to amend the Education 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, 62.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1924, by Senator Hannon, Senate Print 8118, an
4524
1 act to authorize.
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, 60. Nays, 2.
10 Senators Bonacic and O'Mara recorded in the
11 negative.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1925, by Senator Robach, Senate Print 8119, an
16 act to amend the Railroad Law.
17 ACTING PRESIDENT GRIFFO: Read the
18 last section.
19 THE SECRETARY: Section 8. 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. Nays, 1.
25 Senator Seward recorded in the negative.
4525
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1926, by Senator Lanza, Senate Print --
5 SENATOR LANZA: Lay it aside for
6 the day.
7 ACTING PRESIDENT GRIFFO: Lay the
8 bill aside for the day.
9 THE SECRETARY: Calendar Number
10 1927, by Senator Klein, Senate Print 8134, an act
11 to amend the Social Services Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 11. 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, 62.
20 ACTING PRESIDENT GRIFFO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1928, by Senator Lanza, Senate Print 8140, an act
24 to amend the Alcoholic Beverage Control Law.
25 ACTING PRESIDENT GRIFFO: Read the
4526
1 last section.
2 THE SECRETARY: Section 18. This
3 act shall take effect on the 60th day.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1929, by Senator Savino, Senate Print 8141, an
12 act to amend the Public Authorities Law.
13 ACTING PRESIDENT GRIFFO: Read the
14 last section.
15 THE SECRETARY: Section 5. 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, 62.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 Calendar Numbers 1930 and 1931 are
24 both high; they were amended, and as a result are
25 ineligible for consideration.
4527
1 And accordingly, Senator
2 DeFrancisco, that completes the noncontroversial
3 reading of Senate Supplemental Calendar 55B.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Could we now
6 go back to Senate Supplemental Calendar 54B
7 {sic}. On that calendar we had withdrawn a vote,
8 we laid another bill aside, and we also have to
9 come up with a vote on a bill that's already been
10 debated.
11 ACTING PRESIDENT GRIFFO: So
12 Calendar 54B --
13 SENATOR DeFRANCISCO: If you'd take
14 up Calendar Number 573, Senator Little's bill on
15 Supplemental 54B, please.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will re-call.
18 THE SECRETARY: Calendar Number
19 573, by Senator Little, Senate Print 1078, an act
20 to amend the --
21 SENATOR DeFRANCISCO: Lay the bill
22 aside for the day, please.
23 ACTING PRESIDENT GRIFFO: Lay the
24 bill aside for the day.
25 SENATOR DeFRANCISCO: Now if you'd
4528
1 take up Calendar Number 1317, by Senator Ritchie.
2 ACTING PRESIDENT GRIFFO: We're
3 going to take up Calendar Number 1317 on the
4 previous Senate supplemental calendar.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1317, by Senator Ritchie, Senate Print 7937, an
8 act to authorize.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 SENATOR GIANARIS: Lay it aside.
16 SENATOR DeFRANCISCO: I'm sorry,
17 lay the bill aside for the day.
18 ACTING PRESIDENT GRIFFO: Lay the
19 bill aside for the day.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: On that same
22 calendar, if we could take up --
23 ACTING PRESIDENT GRIFFO: We're on
24 the active list, today's active list. Go ahead,
25 Senator DeFrancisco.
4529
1 SENATOR DeFRANCISCO: I'm sorry for
2 the confusion.
3 On today's active list, Calendar
4 1658, that bill was debated. If you'd call it up
5 for a vote.
6 And anyone who's not here because of
7 the committee meeting, we've agreed that they can
8 vote accordingly.
9 ACTING PRESIDENT GRIFFO: Okay,
10 we're on Calendar Number 1658 of the active list
11 from earlier today.
12 The Secretary will call it up.
13 THE SECRETARY: Calendar Number
14 1658, by Senator Ortt, Senate Print 7751,
15 Concurrent Resolution of the Senate and Assembly.
16 ACTING PRESIDENT GRIFFO: And
17 again, debate was closed on this. I will call
18 the roll on the resolution.
19 SENATOR DeFRANCISCO: This was the
20 resolution pertaining to the hunting and
21 fishing -- the constitutional change. That's
22 what the bill was.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary has rung the bell.
25 The Secretary will call the roll.
4530
1 I've instructed the Secretary to call the roll on
2 the resolution.
3 (The Secretary called the roll.)
4 SENATOR DeFRANCISCO: For
5 clarification on this vote, we're going to do it
6 on a noncontroversial vote. And anyone who's
7 been marked present today can vote, even though
8 they're physically absent at the moment in view
9 of the committee meeting.
10 ACTING PRESIDENT GRIFFO: So again,
11 the vote is open on Calendar Number 1658, Senate
12 Bill 7751, by Senator Ortt. We are taking a roll
13 call vote right now. If you're in the negative,
14 please raise your hand.
15 The vote will remain open due to
16 various members who are attending committee
17 meetings in the Capitol.
18 (Pause.)
19 ACTING PRESIDENT GRIFFO: We're
20 going to announce the results. And again, the
21 desk will keep the voting tally open. Please
22 have members who are not in the chamber,
23 attending various committee meetings, report
24 their vote to the desk.
25 The Secretary will read.
4531
1 ACTING PRESIDENT GRIFFO: In
2 relation to Calendar 1658, those recorded in the
3 negative are Senators Comrie, Espaillat,
4 Hamilton, Hoylman, Krueger, Perkins, Rivera,
5 Sanders, Serrano, Squadron, and Stewart-Cousins.
6 Also Senator Peralta.
7 Ayes, 50. Nays, 12.
8 ACTING PRESIDENT GRIFFO: The
9 resolution is adopted.
10 And the vote will remain open for
11 members to report to the desk.
12 Senator DeFrancisco, that concludes
13 the reading of the calendars that you advanced.
14 SENATOR DeFRANCISCO: We're now
15 awaiting the completion of the Higher Education
16 Committee meeting, where there was two nominees.
17 As soon as that's done, I'm going to call a
18 meeting of the Finance Committee in Room 332.
19 If we could stand at ease until we
20 have members from the Higher Ed Committee report
21 back that the meeting is done.
22 ACTING PRESIDENT GRIFFO: We are
23 awaiting the return of committee members from the
24 Higher Education Committee. Upon their return,
25 there will be a meeting of the Senate Finance
4532
1 Committee in Room 332.
2 The Senate stands temporarily at
3 ease.
4 (Whereupon, the Senate stood at ease
5 at 10:52 p.m.)
6 (Whereupon, the Senate reconvened at
7 11:12 p.m.)
8 ACTING PRESIDENT CROCI: The Senate
9 will come to order.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: There will be
12 an immediate meeting of the Finance Committee in
13 Room 332.
14 ACTING PRESIDENT CROCI: There will
15 be an immediate meeting of the Finance Committee
16 in Room 332. That's a Finance Committee meeting
17 in 332.
18 The Senate stands at ease.
19 (Whereupon, the Senate stood at ease
20 at 11:12 p.m.)
21 (Whereupon, the Senate reconvened at
22 11:45 p.m.)
23 ACTING PRESIDENT GRIFFO: The
24 Senate will come to order.
25 Senator DeFrancisco.
4533
1 SENATOR DeFRANCISCO: The Finance
2 Committee meeting is completed. There will be an
3 immediate meeting of the Rules Committee in 332.
4 However, while that is going on, the
5 nominations will be taken up on the floor by
6 Senator Young for confirmation.
7 ACTING PRESIDENT GRIFFO: There's
8 an immediate meeting of the Rules Committee in
9 Room 332, immediate meeting of the Rules
10 Committee in 332.
11 We will have a Committee on Finance
12 report which will be submitted, read and
13 considered.
14 (Whereupon, the Senate stood at ease
15 at 11:45 p.m.)
16 (Whereupon, the Senate reconvened at
17 11:55 p.m.)
18 ACTING PRESIDENT GRIFFO: The
19 Senate will return to order.
20 Senator Lanza.
21 SENATOR LANZA: Mr. President, is
22 there a report from the Finance Committee at the
23 desk?
24 ACTING PRESIDENT GRIFFO: There is
25 a report of the Finance Committee before the
4534
1 desk.
2 SENATOR LANZA: Mr. President,
3 would you please recognize Senator Young.
4 ACTING PRESIDENT GRIFFO: Senator,
5 we will read the first one, then recognize
6 Senator Young.
7 The Secretary will read.
8 THE SECRETARY: Senator Young, from
9 the Committee on Finance, reports the following
10 nomination.
11 As a member of the Metropolitan
12 Transportation Authority, Veronica Vanterpool, of
13 Scarsdale.
14 ACTING PRESIDENT GRIFFO: Senator
15 Young.
16 SENATOR YOUNG: Thank you,
17 Mr. President.
18 I'm very pleased to rise to put
19 forward the name of Veronica Vanterpool as a
20 member of the Metropolitan Transportation
21 Authority.
22 Ms. Vanterpool is a professional
23 with 12 years of nonprofit experience in
24 environmental and advocacy organizations. She is
25 highly skilled in communications and media
4535
1 relations. She has management experience, and
2 she was evaluated by the Finance Committee, who
3 recommended that her name should be put forward
4 in nomination and confirmed.
5 ACTING PRESIDENT GRIFFO: Thank
6 you, Senator Young.
7 Senator Rivera.
8 SENATOR RIVERA: Thank you,
9 Mr. President.
10 First things first. As a couple of
11 different nominees that we've already approved
12 over the last couple of days, this lady is from
13 the Bronx. So I have to point that out first of
14 all.
15 But I also will point out that in
16 the last six years that I've been in the Senate,
17 as I stated in the Finance Committee, one of the
18 areas of policy that I've always felt that I'm
19 not that knowledgeable in is transportation. And
20 that becomes ever clearer when I speak to
21 Ms. Vanterpool, who for the last six years has
22 certainly been somebody, when I have a question
23 about transportation, she is the person that I
24 call.
25 She is somebody who is incredibly
4536
1 knowledgeable about transportation
2 infrastructure, about mass transit, and as
3 somebody who grew up in the Bronx, understands
4 mass transit and its importance to the city. She
5 is somebody who also, as a Latina woman, it is
6 incredibly important to have somebody like that
7 on as many boards, including one, the MTA, that
8 has so much to do with transportation of so many
9 people in the City of New York.
10 For all those reasons, and for her
11 intelligence, her professionalism, I know she
12 will make us very proud. And I wanted to stand
13 up, Mr. President, and say how awesome a lady she
14 is and how awesome a member of the Metropolitan
15 Transportation Authority she will make.
16 And I obviously will vote in the
17 affirmative. Thank you, Mr. President.
18 ACTING PRESIDENT GRIFFO: The
19 question is on the nomination of Veronica
20 Vanterpool as a member of the Metropolitan
21 Transportation Authority. All in favor say aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT GRIFFO: Opposed?
24 (No response.)
25 ACTING PRESIDENT GRIFFO: Veronica
4537
1 Vanterpool is confirmed as a member of the
2 Metropolitan Transportation Authority.
3 Congratulations and best wishes,
4 Veronica.
5 (Applause.)
6 ACTING PRESIDENT GRIFFO: The
7 Secretary will read.
8 THE SECRETARY: As a trustee of the
9 City University of New York Board of Trustees,
10 Lorraine Cortes-Vazquez, of the Bronx.
11 ACTING PRESIDENT GRIFFO: Senator
12 Young.
13 SENATOR YOUNG: Thank you,
14 Mr. President.
15 I'm very proud to put forward the
16 name of Lorraine Cortes-Vazquez as a trustee of
17 the City University of New York Board of
18 Trustees.
19 Ms. Cortes-Vazquez has a very
20 distinguished background, both in public and the
21 private sector. She is currently serving as
22 senior vice president, corporate relations and
23 government affairs, for Emblem Health. But she,
24 as a said, has had a variety of service and she
25 is well-known to this chamber as the former
4538
1 Secretary of State. She was New York's 65th
2 Secretary of State, and the first Hispanic to
3 serve in that role.
4 I believe that she is highly
5 qualified for this position, and therefore the
6 Finance Committee is putting forward her name.
7 ACTING PRESIDENT GRIFFO: Senator
8 Klein.
9 SENATOR KLEIN: Thank you,
10 Mr. President. It is truly an honor to rise in
11 support of this nominee, Lorraine Cortes-Vazquez.
12 This has been certainly a great
13 couple of days for CUNY appointments, especially
14 from the Bronx. And I have the privilege of
15 knowing Lorraine for many, many years. Besides
16 being a dedicated public servant, whatever
17 Lorraine does, she does it with excellence,
18 whether she was the head of the Hispanic
19 Federation, whether she worked at Cablevision,
20 where she works now as executive vice president
21 for AARP -- that was her past job; now she's with
22 Emblem Health. Everyone knows she was the first
23 Latino to be Secretary of State of the State of
24 New York.
25 She's someone who is truly a public
4539
1 woman, but someone who always remembers who she
2 is and where she came from. She is one of my
3 constituents -- one of my neighbors, actually.
4 And she's not only a very qualified nominee, but
5 a very, very dear friend.
6 It is my privilege to support the
7 nomination of Lorraine Cortes-Vazquez to the MTA.
8 ACTING PRESIDENT GRIFFO: Senator
9 Espaillat.
10 SENATOR ESPAILLAT: Thank you,
11 Mr. President. I also rise to commend the
12 nomination of Lorraine Cortes-Vazquez.
13 She is a proven administrator, was a
14 Secretary of State and a Regent, a New York State
15 Regent, worked for AARP as an executive, for
16 Cablevision. And she has both private sector and
17 public sector experience.
18 But most importantly, she is a
19 Latina woman and she will bring much-needed
20 diversity to a board that needs different points
21 of view that reflect the opinions of the
22 constituencies that they serve, the students of
23 the City of New York and the students of CUNY.
24 So I welcome her, and I will be
25 voting in support of her nomination. She is,
4540
1 again, a well-proven and well-respected woman
2 across the State of New York, and I commend her
3 for coming forward and am looking to work very
4 closely with her as a CUNY trustee.
5 Thank you, Mr. President.
6 ACTING PRESIDENT GRIFFO: The
7 question is on the nomination of Lorraine
8 Cortes-Vazquez as trustee of the City University
9 of New York. All in favor say aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT GRIFFO: Opposed?
12 (No response.)
13 ACTING PRESIDENT GRIFFO: Lorraine
14 Cortes-Vazquez is hereby confirmed as a trustee
15 of the City University of New York.
16 Congratulations and best wishes.
17 (Applause.)
18 ACTING PRESIDENT GRIFFO: Senator
19 Lanza.
20 SENATOR LANZA: Mr. President, I
21 move that we continue the legislative business of
22 this house beyond midnight.
23 ACTING PRESIDENT GRIFFO: Without
24 objection, so ordered.
25 The Secretary will continue.
4541
1 THE SECRETARY: As trustees of the
2 State University of New York Board of Trustees,
3 Edward Spiro, of New York, and Courtney Burke, of
4 Albany.
5 ACTING PRESIDENT GRIFFO: Senator
6 Young.
7 SENATOR YOUNG: Thank you,
8 Mr. President.
9 I'm very pleased to put forward the
10 names to nominate Edward M. Spiro, as trustee of
11 the State University of New York Board of
12 Trustees, and also Courtney E. Burke as trustee
13 of the State University of New York Board of
14 Trustees. Both of these individuals are highly
15 qualified. I just wanted to mention a couple of
16 things.
17 Mr. Spiro is a civil litigator with
18 many years of experience handling complex
19 commercial legislation at the trial and appellate
20 level and state and federal courts and in
21 arbitrations for individual and corporate
22 clients. These clients that he represents have a
23 wide variety of tax, real estate partnership and
24 employment litigation. But I thought the chamber
25 would be interested to know that the rock group
4542
1 Guns n' Roses was represented by him in a
2 copyright and unfair competition action.
3 Ms. Burke also is very well known to
4 this chamber. Lots of professional experience.
5 Currently she serves as senior vice president and
6 chief strategy officer for Albany Medical Center
7 in Albany, New York. But she also served with
8 distinction as deputy secretary for health in the
9 New York State Executive Chamber, working for the
10 Governor, working for the people of New York, and
11 also as commissioner of the New York State Office
12 for People with Developmental Disabilities.
13 So, Mr. President, I would say that
14 both of these people, in our estimation, would do
15 an outstanding job on the Board of Trustees. So
16 we are recommending that they be nominated and
17 confirmed.
18 ACTING PRESIDENT GRIFFO: The
19 question is on the nominations of Edward Spiro
20 and Courtney Burke as trustees of the State
21 University of New York. All in favor say aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT GRIFFO: Senator
24 Espaillat would like to speak.
25 SENATOR ESPAILLAT: Thank you,
4543
1 Mr. President.
2 Again, unlike the CUNY board, which
3 saw an increase in diversity, as has been
4 mentioned by my colleagues, the SUNY board
5 continues not to exhibit that. And I am frankly
6 disappointed -- although these two candidates
7 nominated are highly qualified -- I'm highly
8 disappointed that the second floor continues not
9 to consider a broad list of nominees for
10 different positions across state commissions and
11 boards.
12 So unfortunately, because of that
13 reason, Mr. President, I will be voting in the
14 negative.
15 ACTING PRESIDENT GRIFFO: Senator
16 Sanders.
17 SENATOR SANDERS: Thank you,
18 Mr. President.
19 Continuing the same theme, I want to
20 recommend to all of my colleagues a report that
21 was put out by the New York State Assembly
22 Puerto Rican/Hispanic Task Force on the lack of
23 diversity of the boards.
24 This is not to take away from these
25 great people who are being brought in today.
4544
1 This is to say, however, that the Governor has to
2 find the beauty of New York State and the
3 diversity in it.
4 Having said that, I wish them well,
5 but I will join my colleague in not voting for
6 them.
7 ACTING PRESIDENT GRIFFO: The
8 question has been called.
9 Senator LaValle.
10 SENATOR LaVALLE: Thank you,
11 Mr. President.
12 I know the hour is late, and I
13 wasn't going to speak. But I would say these are
14 two very, very talented, two very highly
15 qualified individuals, and they come before us on
16 the basis of their qualifications, how they
17 answer the questions before the committees. And
18 I think the Governor actually picked two
19 qualified individuals.
20 I know that the points of view that
21 were expressed by Senators Sanders and Espaillat
22 certainly should not fall on deaf ears. However,
23 this has nothing to do with people who have been
24 placed before us. The forum for that discussion
25 belongs someplace else.
4545
1 So I vote aye on both candidates.
2 ACTING PRESIDENT GRIFFO: Senator
3 Martins.
4 SENATOR MARTINS: Thank you,
5 Mr. President.
6 I also rise to compliment the
7 Governor on his selection of these two great
8 candidates and great additions to the SUNY board.
9 As the father of a daughter who is
10 attending Binghamton, I want to just thank you
11 and wish you Godspeed, because you're embarking
12 on what is a very important mission for all of
13 us.
14 SUNY, as we all know, is the largest
15 university system in the country. We're very
16 fortunate to have it, the highest caliber of
17 professors and education anywhere. And for us to
18 have that here in our home state and have the
19 ability to send our kids to the school and have
20 the advantages of doing so as New York State
21 residents is a wonderful charge.
22 You've been charged with safekeeping
23 our children. I wish you all the best, Godspeed,
24 and again, congratulations to the Governor on
25 selecting two wonderful members of the SUNY
4546
1 board. Looking forward to supporting you in your
2 endeavors.
3 Mr. President, I vote aye.
4 ACTING PRESIDENT GRIFFO: The
5 question has already been called. And Edward
6 Spiro and Courtney Burke are hereby confirmed as
7 trustees of the State University of New York.
8 Congratulations and best of luck.
9 (Applause.)
10 ACTING PRESIDENT GRIFFO: The
11 Secretary will read.
12 THE SECRETARY: As commissioner of
13 the Tax Appeals Tribunal, Dierdre Scozzafava, of
14 Gouverneur.
15 ACTING PRESIDENT GRIFFO: Senator
16 Young.
17 Can I have some order in the house.
18 SENATOR YOUNG: Thank you,
19 Mr. President. I'm very happy tonight to be able
20 to nominate Dierdre K. Scozzafava as commissioner
21 of the Tax Appeals Tribunal. She's known to most
22 people as Dede.
23 And she and I were first elected
24 together in 1998 to the New York State Assembly,
25 took office in 1999. It was a great class, by
4547
1 the way. And she actually served in the other
2 house for 12 years, achieving the leadership role
3 of minority leader pro tem.
4 So that certainly was an
5 accomplishment. But she's gone on beyond that.
6 And by the way, I want to mention that not only
7 does she have an extensive record in public
8 service but also one in the private sector. So
9 she has that management ability and background
10 that I think makes her highly qualified for the
11 position at hand.
12 She currently is the New York State
13 Department of State's Deputy Secretary for Local
14 Government, and there she works to streamline
15 municipal government across the state and she
16 supervises the Local Government Division's
17 technical assistance training and grant programs.
18 And that includes a lot of duties.
19 She actually did represent the
20 122nd Assembly District, which includes most of
21 St. Lawrence and Lewis Counties and a small
22 portion of Oswego County, previously.
23 And she launched her career in
24 public service by serving four years as trustee
25 in her hometown village of Gouverneur, and then
4548
1 as mayor, from 1993 through 1998.
2 So as you can see, she has a deep
3 concern and knowledge for economic development
4 and local economic issues. I think that
5 background will not only serve her well in her
6 new position but also serve the people of
7 New York State, and I congratulate her very
8 sincerely.
9 ACTING PRESIDENT GRIFFO: The
10 question is on the nomination of Dierdre
11 Scozzafava as commissioner of the Tax Appeals
12 Tribunal. All in favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO: Opposed?
15 (No response.)
16 ACTING PRESIDENT GRIFFO: Dierdre
17 Scozzafava is hereby confirmed as commissioner of
18 the Tax Appeals Tribunal.
19 Dede, congratulations and best of
20 luck.
21 (Applause.)
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will read.
24 THE SECRETARY: As director of the
25 Urban Development Corporation, Cesar A. Perales,
4549
1 of Brooklyn.
2 ACTING PRESIDENT GRIFFO: Senator
3 Young.
4 SENATOR YOUNG: Thank you very
5 much, Mr. President.
6 I nominate Cesar A. Perales as
7 director of the Urban Development Corporation.
8 He also is highly qualified for this position, I
9 think the Governor has made an excellent choice,
10 and therefore I would recommend that we approve
11 him.
12 Thank you, Mr. President.
13 ACTING PRESIDENT GRIFFO: The
14 question is on the nomination of Cesar Perales as
15 director of the Urban Development Corporation.
16 All in favor say aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT GRIFFO: Opposed?
19 (No response.)
20 ACTING PRESIDENT GRIFFO: Cesar A.
21 Perales has been confirmed as director of the
22 Urban Development Corporation.
23 The Secretary will read.
24 THE SECRETARY: As member and chair
25 of the Niagara Frontier Transportation Authority,
4550
1 Sister Denise Roche, of Buffalo.
2 ACTING PRESIDENT GRIFFO: Senator
3 Young.
4 SENATOR YOUNG: Thank you very
5 much, Mr. President.
6 As you can see, Sister Denise Roche
7 has also been put forward by the Governor as
8 chair and member of the Niagara Frontier
9 Transportation Authority. That authority is
10 critically important to the people of Western
11 New York.
12 She too has a background that will
13 make her the perfect choice for this position.
14 The Governor has done a great job in putting many
15 people forward tonight and over the last couple
16 of days that will serve the people of New York
17 very well.
18 So again, I'm very proud to put
19 forward her name and would recommend that we
20 approve her confirmation.
21 ACTING PRESIDENT GRIFFO: Senator
22 Kennedy.
23 SENATOR KENNEDY: Thank you,
24 Mr. President.
25 I stand here to support Sister
4551
1 Denise Roche as member and chair of the NFTA.
2 The NFTA is an extremely important component to
3 our community, to our economy, and to the people
4 of Western New York.
5 Sister Denise Roche could not be a
6 more exemplary appointment to this position. She
7 is replacing another extraordinary individual,
8 Howard Zemsky, who we all know is now the
9 president and CEO of Empire State Development
10 across this great state.
11 Sister Denise Roche has been the
12 president of my alma mater, D'Youville College,
13 in Buffalo, New York, for 37 years. She just
14 recently retired. She is a sister, a Grey Nun.
15 And before being the president of D'Youville
16 College, she was a teacher. She has many
17 different degrees. And her work on behalf of our
18 community is second to none.
19 She also brings with her, other than
20 an amazing heartfelt compassion and desire to
21 help people, on a very human level she brings a
22 strong business sense that she's utilized as
23 president of D'Youville College to expand it far
24 beyond what anybody ever thought D'Youville could
25 possibly accomplish. And with her direction,
4552
1 D'Youville College has grown exponentially over
2 the course of the last several decades.
3 With her at the helm of the NFTA, we
4 will be able to tackle many of the difficult
5 issues that we're dealing with from a public
6 transportation position. We have to make sure
7 that the NFTA is funded to the appropriate level.
8 We have to make sure that the buses and trains
9 continue to run on time. We have to ensure that
10 the routes are protected and expanded into the
11 areas, especially in the areas of my district,
12 where folks depend on this model of
13 transportation to get to and from work, to and
14 from school.
15 The City of Buffalo and our
16 community is expanding more than we've seen in
17 the history of Buffalo. And with that, the NFTA
18 needs to be appropriately expanded with it. We
19 know that with Sister Denise Roche at the helm,
20 that will happen. And I'm very honored to stand
21 here in support of her as member and chair of the
22 NFTA.
23 Thank you, Mr. President.
24 ACTING PRESIDENT GRIFFO: The
25 question is on the nomination of Sister Denise
4553
1 Roche as a member and chair of the Niagara
2 Frontier Transportation Authority. All in favor
3 say aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT GRIFFO: Opposed?
6 (No response.)
7 ACTING PRESIDENT GRIFFO: Sister
8 Denise Roche is hereby confirmed as member and
9 chair of the Niagara Frontier Transportation
10 Authority.
11 The Secretary will continue.
12 THE SECRETARY: As commissioner of
13 the State Liquor Authority, Greeley T. Ford, of
14 Camden.
15 ACTING PRESIDENT GRIFFO: Senator
16 Young.
17 SENATOR YOUNG: Yes, Mr. President,
18 I nominate Greeley T.Ford as commissioner of the
19 State Liquor Authority.
20 And again, it's a great pick by the
21 Governor. This is a very important agency that
22 we have in New York State, as we know. It's
23 responsible for not only helping small businesses
24 grow, granting licenses, but also making sure
25 that the regulations and laws of New York State
4554
1 are upheld. Recently it's been focused on new
2 opportunities such as getting craft breweries off
3 the ground. So they do a lot of important work.
4 And I think that Greeley T. Ford
5 will do an excellent job in his role.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: The
8 question is on the nomination of Greeley T. Ford
9 as commissioner of the State Liquor Authority.
10 All in favor say aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT GRIFFO: Opposed?
13 (No response.)
14 ACTING PRESIDENT GRIFFO: Greeley
15 T. Ford is hereby confirmed as commissioner of
16 the New York State Liquor Authority.
17 That completes the nominations
18 before the desk.
19 Senator Lanza.
20 SENATOR LANZA: Mr. President, can
21 we return to motions and resolutions.
22 ACTING PRESIDENT GRIFFO: We'll
23 return to motions and resolutions.
24 SENATOR LANZA: Mr. President, I
25 wish to call up Bill Number 6315A, by Senator
4555
1 DeFrancisco, recalled from the Assembly, which is
2 now at the desk.
3 ACTING PRESIDENT GRIFFO: A vote on
4 reconsideration has already been taken on that
5 particular piece of legislation, Senator Lanza.
6 SENATOR LANZA: Mr. President, can
7 you recognize Senator Valesky.
8 ACTING PRESIDENT GRIFFO: Senator
9 Valesky.
10 SENATOR VALESKY: Thank you,
11 Mr. President.
12 On behalf of Senator Carlucci, I
13 wish to call up his bill, 7952A, recalled from
14 the Assembly, which is now at the desk.
15 ACTING PRESIDENT GRIFFO: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1519, by Senator Carlucci, Senate Print 7952A, an
19 act to authorize.
20 SENATOR VALESKY: I now move to
21 reconsider the vote by which this bill was
22 passed.
23 ACTING PRESIDENT GRIFFO: Call the
24 roll on reconsideration.
25 (The Secretary called the roll.)
4556
1 THE SECRETARY: Ayes, 62.
2 SENATOR VALESKY: I now offer the
3 following amendments.
4 ACTING PRESIDENT GRIFFO: The
5 amendments are received.
6 Senator DeFrancisco, with your
7 permission, we will return to nominations.
8 SENATOR DeFRANCISCO: Can you
9 inform me of what we're nominating?
10 ACTING PRESIDENT GRIFFO: We will
11 return to nominations for a member of the Niagara
12 Frontier Transportation Authority, Joan Aul.
13 SENATOR DeFRANCISCO: Okay, return
14 to nominations, please.
15 ACTING PRESIDENT GRIFFO: The
16 Secretary will read.
17 THE SECRETARY: As a member of the
18 Niagara Frontier Transportation Authority, Joan
19 Aul, of Lockport.
20 ACTING PRESIDENT GRIFFO: Senator
21 Young.
22 SENATOR YOUNG: Thank you,
23 Mr. President.
24 It is a privilege to recommend and
25 nominate Joan Aul as a member of the Niagara
4557
1 Frontier Transportation Authority. I think
2 Senator Kennedy said it very well as to how
3 important this authority is to the people of
4 Western New York. This person has credentials
5 that make her well-qualified for the position,
6 and therefore we would like to see this
7 individual, Joan Aul, confirmed.
8 Thank you.
9 ACTING PRESIDENT GRIFFO: Senator
10 Ortt.
11 SENATOR ORTT: Thank you,
12 Mr. President.
13 I rise to briefly commend Ms. Aul on
14 her appointment to the Niagara Frontier
15 Transportation Authority. She brings with her
16 years of experience in banking, as a member of
17 M&T Bank, as well as someone who has served on
18 the Chamber of Commerce for the City of
19 Niagara Falls and promoting Niagara Falls and
20 tourism in Niagara Falls.
21 I think it's important there are
22 only two sitting members on the NFTA who are from
23 Niagara County. And as is clearly stated in the
24 name, it's the Niagara Frontier Transportation
25 Authority, not the Erie County Transportation
4558
1 Authority or the Buffalo Transportation
2 Authority.
3 I think it's very important we have
4 strong advocates from Niagara County, and I think
5 Ms. Aul will be that for this board. And so I
6 commend the Governor on her nomination, and I
7 thank you for allowing me time to speak.
8 ACTING PRESIDENT GRIFFO: The
9 question is on the nomination of Joan Aul as a
10 member of the Niagara Frontier Transportation
11 Authority. All in favor signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT GRIFFO: Opposed?
14 (No response.)
15 ACTING PRESIDENT GRIFFO: Joan Aul
16 is confirmed as a member of the Niagara Frontier
17 Transportation Authority.
18 Senator DeFrancisco, that completes
19 the nominations before the desk.
20 SENATOR DeFRANCISCO: We'll now
21 take up the supplemental active list, which is
22 going to start with Calendar 404. Could we go to
23 the noncontroversial reading, please.
24 ACTING PRESIDENT GRIFFO: Turning
25 to the supplemental active list for today, the
4559
1 Secretary will read.
2 THE SECRETARY: On page 9, Senator
3 Marchione moves to discharge, from the Committee
4 on Local Government, Assembly Bill Number 9405
5 and substitute it for the identical Senate Bill
6 7014, Third Reading Calendar 404.
7 ACTING PRESIDENT GRIFFO: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 404, by Member of the Assembly Buchwald, Assembly
12 Print 9405, an act to amend the Town 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, 62.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: On page 15, Senator
24 Gallivan moves to discharge, from the Committee
25 on Rules, Assembly Bill Number 8156B and
4560
1 substitute it for the identical Senate Bill 7171,
2 Third Reading Calendar 723.
3 ACTING PRESIDENT GRIFFO: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 723, by Member of the Assembly Peoples-Stokes,
8 Assembly Print 8156B, an act to amend the
9 Not-For-Profit Corporation 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: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: Excuse me,
20 would you interrupt that reading and call on
21 Senator LaValle, please.
22 ACTING PRESIDENT GRIFFO: Senator
23 LaValle.
24 SENATOR LaVALLE: Never mind,
25 Mr. President.
4561
1 ACTING PRESIDENT GRIFFO: Thank
2 you, Senator LaValle.
3 (Laughter.)
4 SENATOR DeFRANCISCO: All right,
5 would you continue, please.
6 ACTING PRESIDENT GRIFFO: The
7 Secretary will continue.
8 THE SECRETARY: In relation to
9 Calendar 723: Ayes, 61. Nays, 1. Senator
10 Hamilton recorded in the negative.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: On page 15, Senator
14 Valesky moves to discharge, from the Committee on
15 Elections, Assembly Bill 10105 and substitute it
16 for the identical Senate Bill 7090, Third Reading
17 Calendar 735.
18 ACTING PRESIDENT GRIFFO: The
19 substitution is so ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 735, by Member of the Assembly Steck, Assembly
23 Print 10105, an act to amend the Election Law.
24 ACTING PRESIDENT GRIFFO: It's
25 getting a little loud in the chamber.
4562
1 Read the 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, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: On page 21, Senator
11 Ranzenhofer moves to discharge, from the
12 Committee on Corporations, Authorities and
13 Commissions, Assembly Bill Number 10257 and
14 substitute it for the identical Senate Bill 7285,
15 Third Reading Calendar 1026.
16 ACTING PRESIDENT GRIFFO: The
17 substitution is so ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1026, by Member of the Assembly Schimminger,
21 Assembly Print 10257, an act to amend the Urban
22 Development Corporation Act.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4563
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: On page 24, Senator
9 Bonacic moves to discharge, from the Committee on
10 Rules, Assembly Print 10071 and substitute it for
11 the identical Senate Bill 1606B, Third Reading
12 Calendar 1127.
13 ACTING PRESIDENT GRIFFO: The
14 substitution is so ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 11027, by Member of the Assembly Weinstein,
18 Assembly Print 10071, an act to amend the
19 Judiciary 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.
4564
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1283, by Senator Seward, Senate Print 4108D, an
7 act to amend the Insurance Law.
8 SENATOR DeFRANCISCO: Lay the bill
9 aside for the day, please.
10 ACTING PRESIDENT GRIFFO: Lay the
11 bill aside for the day.
12 THE SECRETARY: Calendar Number
13 1304, by Senator Farley, Senate Print 7761, an
14 act authorizing.
15 ACTING PRESIDENT GRIFFO: There is
16 a home-rule message present at the desk.
17 The Secretary will read the last
18 section.
19 THE SECRETARY: Section 5. 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, 62.
25 ACTING PRESIDENT GRIFFO: The bill
4565
1 is passed.
2 THE SECRETARY: On page 32, Senator
3 Martins moves to discharge, from the Committee on
4 Environmental Conservation, Assembly Bill Number
5 10110 and substitute it for the identical Senate
6 Bill 7261, Third Reading Calendar 1338.
7 ACTING PRESIDENT GRIFFO: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1338, by Member of the Assembly Lupardo, Assembly
12 Print 10110, an act to amend the Environmental
13 Conservation 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. Nays, 1.
22 Senator LaValle recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: On page 32, Senator
4566
1 Martins moves to discharge, from the Committee on
2 Rules, Assembly Bill Number 10204 and substitute
3 it for the identical Senate Bill 7263, Third
4 Reading Calendar 1340.
5 ACTING PRESIDENT GRIFFO: The
6 substitution is so ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1340, by Member of the Assembly Hyndman, Assembly
10 Print 10204, an act to amend the Environmental
11 Conservation Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61. Nays, 1.
20 Senator LaValle recorded in the negative.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: On page 32, Senator
24 Martins moves to discharge, from the Committee on
25 Environmental Conservation, Assembly Bill 10112
4567
1 and substitute it for the identical Senate Bill
2 7266, Third Reading Calendar 1341.
3 ACTING PRESIDENT GRIFFO: The
4 substitution is so ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1341, by Member of the Assembly Zebrowski,
8 Assembly Print 10112, an act to amend the
9 Environmental Conservation 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. Nays, 1.
18 Senator LaValle recorded in the negative.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: On page 34, Senator
22 Carlucci moves to discharge, from the Committee
23 on Rules, Assembly Bill Number 10206 and
24 substitute it for the identical Senate Bill 7882,
25 Third Reading Calendar 1374.
4568
1 ACTING PRESIDENT GRIFFO: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1374, by Member of the Assembly Gunther, Assembly
6 Print 10206, an act to amend the Mental Hygiene
7 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, 62.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1403, by Senator Hoylman, Senate Print 108, an
20 act to amend the Tax Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of January.
25 ACTING PRESIDENT GRIFFO: Call the
4569
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT GRIFFO: The bill
5 is passed.
6 Senator DeFrancisco, that completes
7 the noncontroversial reading of today's
8 supplemental active list.
9 SENATOR DeFRANCISCO: Is there a
10 report of the Rules Committee at the desk?
11 ACTING PRESIDENT GRIFFO: There is
12 Rules Committee report at the desk.
13 SENATOR DeFRANCISCO: Would you
14 please read the report of the Rules Committee.
15 ACTING PRESIDENT GRIFFO: The
16 Secretary will read.
17 THE SECRETARY: Senator Flanagan,
18 from the Committee on Rules, reports the
19 following bills:
20 Senate Print 1792A, by Senator
21 Ritchie, an act to amend the Vehicle and Traffic
22 Law;
23 Senate 3005A, by Senator Addabbo, an
24 act to amend the Tax Law;
25 Senate 3690, by Senator LaValle, an
4570
1 act to amend the Local Finance Law;
2 Senate 4121A, by Senator Ritchie, an
3 act to amend the Tax Law;
4 Senate 4499C, by Senator Funke, an
5 act to amend the Education Law;
6 Senate 5732, by Senator Serino, an
7 act to amend the Elder Law;
8 Senate 6791, by Senator Ritchie, an
9 act to amend the Parks, Recreation and Historic
10 Preservation Law;
11 Senate 6876, by Senator Griffo, an
12 act to amend the General Municipal Law;
13 Senate 7440A, by Senator Funke, an
14 act to amend the Education Law;
15 Senate 7505, by Senator Hannon, an
16 act to amend the Public Health Law;
17 Senate 7537A, by Senator Martins, an
18 act to amend the Public Health Law;
19 Senate 7589B, by Senator Valesky, an
20 act to amend the Not-For-Profit Corporation Law;
21 Senate 7625, by Senator Marcellino,
22 an act to amend the Education Law;
23 Senate 7756, by Senator Bonacic, an
24 act to amend the General Municipal Law;
25 Senate 7833, by Senator Funke, an
4571
1 act to amend the Tax Law;
2 Senate 7871, by Senator Latimer, an
3 act to amend Chapter 80 of the Laws of 2014;
4 Senate 7981A, by Senator Martins, an
5 act to authorize;
6 Senate 7993, by Senator Martins, an
7 act to amend the State Finance Law;
8 Senate 8067, by Senator Martins, an
9 act in relation to permitting;
10 Senate 8071, by Senator Murphy, an
11 act to amend the Retirement and Social Security
12 Law;
13 Senate 8088, by Senator Golden, an
14 act to amend the Administrative Code of the City
15 of New York;
16 Senate 8144, by Senator Felder, an
17 act to amend the Administrative Code of the City
18 of New York;
19 And Senate 7359A, by Senator
20 Breslin, an act to amend the Public Authorities
21 Law.
22 All bills reported direct to third
23 reading.
24 ACTING PRESIDENT GRIFFO: Senator
25 DeFrancisco.
4572
1 SENATOR DeFRANCISCO: We have to be
2 at ease for about five minutes. After that,
3 we're going to take up the noncontroversial
4 reading of Supplemental Calendar Number 55C.
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco, I'll entertain a motion to accept
7 the Committee on Rules report.
8 SENATOR DeFRANCISCO: Well, I'll
9 get to that.
10 Before we go at ease, I move to
11 accept the report of the Rules Committee.
12 ACTING PRESIDENT GRIFFO: All in
13 favor of accepting the Committee on Rules report
14 signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GRIFFO: Opposed?
17 (No response.)
18 ACTING PRESIDENT GRIFFO: The Rules
19 Committee report is accepted.
20 SENATOR DeFRANCISCO: Can we stand
21 at ease for a few minutes, please.
22 ACTING PRESIDENT GRIFFO: Senator
23 LaValle.
24 SENATOR LaVALLE: Mr. President, I
25 believe we have a rule, time has passed midnight.
4573
1 ACTING PRESIDENT GRIFFO: Senator
2 LaValle, that rule has been exercised. A motion
3 was made by Senator Lanza, there was no
4 objection, and we began to continue to move
5 forward during the nomination process.
6 SENATOR LaVALLE: I was not in the
7 chamber. I object.
8 ACTING PRESIDENT GRIFFO: Senator
9 DeFrancisco.
10 SENATOR DeFRANCISCO: Is his
11 objection noted?
12 ACTING PRESIDENT GRIFFO: His
13 objection is noted but not well-taken because the
14 vote had been taken previously.
15 SENATOR DeFRANCISCO: Okay, thank
16 you.
17 Now can we take up the
18 noncontroversial reading of Senate Supplemental
19 Calendar 55C.
20 ACTING PRESIDENT GRIFFO: The
21 Secretary will read the messages from the
22 Assembly.
23 THE SECRETARY: Senator LaValle
24 moves to discharge, from the Committee on Rules,
25 Assembly Bill Number 5245 and substitute it for
4574
1 the identical Senate Bill 3690, Third Reading
2 Calendar 1933.
3 Senator Serino moves to discharge,
4 from the Committee on Rules, Assembly Bill Number
5 7588 and substitute it for the identical Senate
6 Bill 5732, Third Reading Calendar 1936.
7 Senator Griffo moves to discharge,
8 from the Committee on Local Government, Assembly
9 Bill Number 9412 and substitute it for the
10 identical Senate Bill 6876, Third Reading
11 Calendar 1938.
12 Senator Hannon moves to discharge,
13 from the Committee on Rules, Assembly Bill Number
14 9834 and substitute it for the identical Senate
15 Bill 7505, Third Reading Calendar 1940.
16 Senator Martins moves to discharge,
17 from the Committee on Rules, Assembly Bill Number
18 10448 and substitute it for the identical Senate
19 Bill 7537A, Third Reading Calendar 1941.
20 Senator Valesky moves to discharge,
21 from the Committee on Corporations, Authorities
22 and Commissions, Assembly Bill Number 7529B and
23 substitute it for the identical Senate Bill
24 7589B, Third Reading Calendar 1942.
25 Senator Bonacic moves to discharge,
4575
1 from the Committee on Local Government, Assembly
2 Bill Number 10196 and substitute it for the
3 identical Senate Bill 7756, Third Reading
4 Calendar 1944.
5 Senator Funke moves to discharge,
6 from the Committee on Rules, Assembly Bill Number
7 10584 and substitute it for the identical Senate
8 Bill 7833, Third Reading Calendar 1945.
9 Senator Latimer moves to discharge,
10 from the Committee on Transportation, Assembly
11 Bill Number 9723 and substitute it for the
12 identical Senate Bill 7871, Third Reading
13 Calendar 1946.
14 Senator Martins moves to discharge,
15 from the Committee on Rules, Assembly Bill Number
16 10553 and substitute it for the identical Senate
17 Bill 7993, Third Reading Calendar 1948.
18 Senator Martins moves to discharge,
19 from the Committee on Rules, Assembly Bill Number
20 10623 and substitute it for the identical Senate
21 Bill 8067, Third Reading Calendar 1949.
22 Senator Murphy moves to discharge,
23 from the Committee on Rules, Assembly Bill Number
24 10614 and substitute it for the identical Senate
25 Bill 8071, Third Reading Calendar 1950.
4576
1 Senator Golden moves to discharge,
2 from the Committee on Rules, Assembly Bill Number
3 10512A and substitute it for the identical Senate
4 Bill 8088, Third Reading Calendar 1951.
5 And Senator Breslin moves to
6 discharge, from the Committee on Rules, Assembly
7 Bill Number 9878A and substitute it for the
8 identical Senate Bill Number 7359A, Third Reading
9 Calendar 1953.
10 ACTING PRESIDENT GRIFFO: The
11 substitutions are so ordered.
12 The Secretary will begin the reading
13 of Supplemental Calendar 55C, with Calendar
14 Number 1912.
15 THE SECRETARY: Calendar Number
16 1912, by Senator Ritchie --
17 SENATOR DeFRANCISCO: Lay it aside
18 for the day, please.
19 ACTING PRESIDENT GRIFFO: Lay it
20 aside for the day.
21 THE SECRETARY: Calendar Number
22 1932, by Senator Addabbo, Senate Print 3005A, an
23 act to amend the Tax Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
4577
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, 62.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1933, substituted earlier by Member of the
11 Assembly Thiele, Assembly Print 5245, an act to
12 amend the Local Finance Law.
13 ACTING PRESIDENT GRIFFO: There is
14 a home-rule message present at the desk.
15 The Secretary will read.
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. Nays, 1.
22 Senator Hamilton recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4578
1 1934, by Senator Ritchie, Senate Print 4121A, an
2 act to amend the Tax 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, 62.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1935, by Senator Funke, Senate Print 4499C, an
15 act to amend the Education Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 THE SECRETARY: Section 9. 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. Nays, 1.
24 Senator Krueger recorded in the negative.
25 ACTING PRESIDENT GRIFFO: The bill
4579
1 is passed.
2 THE SECRETARY: Calendar Number
3 1936, substituted earlier by Member of the
4 Assembly Cymbrowitz, Assembly Print 7588, an act
5 to amend the Elder Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1937, by Senator Ritchie --
18 SENATOR DeFRANCISCO: Lay it aside
19 for the day, please.
20 ACTING PRESIDENT GRIFFO: Lay it
21 aside for the day.
22 THE SECRETARY: Calendar Number
23 1938, substituted earlier by Member of the
24 Assembly Brindisi, Assembly Print 9412, an act to
25 amend the General Municipal Law.
4580
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, 62.
9 ACTING PRESIDENT GRIFFO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1939, by Senator Funke, Senate Print 7440A, an
13 act to amend the Education Law.
14 ACTING PRESIDENT GRIFFO: Read the
15 last section.
16 THE SECRETARY: Section 14. This
17 act shall take effect one year after it shall
18 have become a law.
19 ACTING PRESIDENT GRIFFO: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60. Nays, 2.
23 Senators Kennedy and Ranzenhofer recorded in the
24 negative.
25 ACTING PRESIDENT GRIFFO: The bill
4581
1 is passed.
2 THE SECRETARY: Calendar Number
3 1940, substituted earlier by Member of the
4 Assembly Gottfried, Assembly Print 9834, an act
5 to amend the Public Health Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 120th day.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1941, substituted earlier by Member of the
18 Assembly Schimel, Assembly Print 10448, an act to
19 amend the Public Health Law.
20 ACTING PRESIDENT GRIFFO: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT GRIFFO: Call the
25 roll.
4582
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1942, substituted earlier by Member of the
7 Assembly Magnarelli, Assembly Print 7529B, an act
8 to amend the Not-For-Profit Corporation 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, 62.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1943, by Senator Marcellino, Senate Print 7625,
21 an act to amend the Education Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4583
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT GRIFFO: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1944, substituted earlier by Member of the
9 Assembly Skoufis, Assembly Print 10196, an act to
10 amend the General Municipal 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, 62.
19 ACTING PRESIDENT GRIFFO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1945, substituted earlier by the Assembly
23 Committee on Rules, Assembly Print 10584, an act
24 to amend the Tax Law.
25 ACTING PRESIDENT GRIFFO: Read the
4584
1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect January 1, 2017.
4 ACTING PRESIDENT GRIFFO: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT GRIFFO: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1946, substituted earlier by Member of the
12 Assembly Paulin, Assembly Print 9723, an act to
13 amend Chapter 80 of the Laws of 2014.
14 ACTING PRESIDENT GRIFFO: There is
15 a home-rule message present at the desk.
16 The Secretary will read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT GRIFFO: The bill
25 is passed.
4585
1 THE SECRETARY: Calendar Number
2 1947, by Senator Martins, Senate Print 7981A, an
3 act to authorize.
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 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT GRIFFO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1948, substituted earlier by the Assembly
16 Committee on Rules, Assembly Print 10553, an act
17 to amend the State Finance Law.
18 ACTING PRESIDENT GRIFFO: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 365th day.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
4586
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1949, substituted earlier by Assembly Committee
5 on Rules, Assembly Print 10623, an act in
6 relation to permitting.
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, 60. Nays, 2.
15 Senators Bonacic and Hamilton recorded in the
16 negative.
17 ACTING PRESIDENT GRIFFO: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1950, substituted earlier by the Assembly
21 Committee on Rules, Assembly Print 10614, an act
22 to amend the Retirement and Social Security Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 2. This
4587
1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1951, substituted earlier by Member of the
10 Assembly Farrell, Assembly Print 10512A, an act
11 to amend the Administrative Code of the City of
12 New York.
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, 62.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 Calendar Number 1952 has been
24 amended and is high and therefore ineligible for
25 consideration, so we'll go to Calendar Number
4588
1 1953.
2 THE SECRETARY: Calendar Number
3 1953, substituted earlier by Member of the
4 Assembly McDonald, Assembly Print 9878A, an act
5 to amend the Public Authorities Law.
6 ACTING PRESIDENT GRIFFO: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT GRIFFO: The bill
15 is passed.
16 Senator DeFrancisco, that completes
17 the noncontroversial reading of today's Senate
18 Supplemental Calendar 55C.
19 SENATOR DeFRANCISCO: Is there any
20 further business at the desk?
21 ACTING PRESIDENT GRIFFO: There is
22 no further business at the desk.
23 SENATOR DeFRANCISCO: In that case,
24 I move to adjourn until Friday, June 17th, at
25 10:00 a.m.
4589
1 ACTING PRESIDENT GRIFFO: The
2 Senate stands adjourned until Friday, June 17th,
3 at 10:00 a.m.
4 The Senate will stand adjourned.
5 (Whereupon, at 12:43 a.m., the
6 Senate adjourned.)
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