Regular Session - June 13, 2018

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		                                                               3732

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 13, 2018

11                     4:29 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3733

 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 everyone in the chamber to 

 5   please rise and join with me as we recite the 

 6   Pledge of 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 Venerable 

11   Ru Yang, Abbess, International Buddhist Progress 

12   Society in Flushing, New York.  

13                ABBESS RU YANG:   Thank you for 

14   inviting me here today.

15                As our founder, Venerable Master 

16   Hsing Yun said:  "A great leader is someone who 

17   has compassion, wisdom, dedication, 

18   consideration of others, and willingness to 

19   serve others without regrets."  We have seen how 

20   our Senators and community leaders have worked 

21   hard for the benefits of the people.  Thus it is 

22   my honor to be here to pray for our Senators and 

23   community leaders.

24                Great compassionate Buddha!  With 

25   the utmost sincerity, I would like to pray for 


                                                               3734

 1   our Senators, community leaders, and all the 

 2   commissioners, to give them the wisdom to govern 

 3   amid the conflicting interests and issues of our 

 4   times; to know the true sense of the welfare and 

 5   needs of the people in our community; to 

 6   understand the importance of justice by working 

 7   to understand the causes and conditions of those 

 8   suffering; to be confident in what is fair for 

 9   everyone; to have the ability to work together 

10   in harmony even when there is honest 

11   disagreement, and to find personal peace and joy 

12   in their lives by helping others.

13                Great compassionate Buddha!  May 

14   they have your prajna wisdom to solve difficult 

15   cases.  May they have your great power to subdue 

16   stubborn and dishonest criminals.  May they have 

17   your compassion and fellowship to guide all 

18   beings that take the wrong path.  May they have 

19   your steadfast determination to maintain the 

20   courage and wisdom to advance.  

21                Furthermore, we pray to you to 

22   bless and protect our society.  May we all serve 

23   the community together, to keep watch together 

24   in mutual defense and collaborate closely with 

25   each other.  May we all uphold justice and 


                                                               3735

 1   prevent crimes, and bring peace and safety to 

 2   all families.  May we all be self-disciplined 

 3   and law-abiding to bring happiness to our lives 

 4   and prosperity and peace to our nation.  May we 

 5   all firmly stand by our posts to contribute to 

 6   the community and to benefit our society.  

 7                Leadership requires courage.  May 

 8   our leaders have that courage to lead our 

 9   community always.  

10                Great compassionate Buddha, please 

11   accept my sincerest prayer!  

12                Thank you.

13                ACTING PRESIDENT GRIFFO:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, 

16   Tuesday, June 12th, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, June 11th, 

18   was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT GRIFFO:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   On page 4, Senator 


                                                               3736

 1   Griffo moves to discharge, from the Committee on 

 2   Energy and Telecommunications, Assembly Bill 

 3   Number 8922 and substitute it for the identical 

 4   Senate Bill 7321, Third Reading Calendar 49.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   On page 13, 

 8   Senator Bonacic moves to discharge, from the 

 9   Committee on Rules, Assembly Bill Number 7953A 

10   and substitute it for the identical Senate Bill 

11   6244A, Third Reading Calendar 333.

12                On page 38, Senator Golden moves to 

13   discharge, from the Committee on Civil Service 

14   and Pensions, Assembly Bill Number 3137 and 

15   substitute it for the identical Senate Bill 4761, 

16   Third Reading Calendar 895.  

17                On page 42, Senator Lanza moves to 

18   discharge, from the Committee on Rules, 

19   Assembly Bill Number 10150 and substitute it for 

20   the identical Senate Bill 8049, Third Reading 

21   Calendar 979.

22                On page 42, Senator O'Mara moves to 

23   discharge, from the Committee on Environmental 

24   Conservation, Assembly Bill Number 10507 and 

25   substitute it for the identical Senate Bill 


                                                               3737

 1   7747A, Third Reading Calendar 985.

 2                On page 45, Senator Lanza moves to 

 3   discharge, from the Committee on Rules, 

 4   Assembly Bill Number 6823C and substitute it for 

 5   the identical Senate Bill 5998B, Third Reading 

 6   Calendar 1065.

 7                On page 48, Senator Golden moves to 

 8   discharge, from the Committee on Aging, 

 9   Assembly Bill Number 6026 and substitute it for 

10   the identical Senate Bill 4555, Third Reading 

11   Calendar 1117.

12                On page 55, Senator Marcellino moves 

13   to discharge, from the Committee on Corporations, 

14   Authorities and Commissions, Assembly Bill Number 

15   10220A and substitute it for the identical Senate 

16   Bill 8086A, Third Reading Calendar 1247.

17                On page 61, Senator Bonacic moves to 

18   discharge, from the Committee on Rules, 

19   Assembly Bill Number 10647 and substitute it for 

20   the identical Senate Bill 8416, Third Reading 

21   Calendar 1326.

22                On page 66, Senator Seward moves to 

23   discharge, from the Committee on Rules, 

24   Assembly Bill Number 10613 and substitute it for 

25   the identical Senate Bill 8499, Third Reading 


                                                               3738

 1   Calendar 1390.

 2                On page 68, Senator LaValle moves to 

 3   discharge, from the Committee on Codes, 

 4   Assembly Bill Number 5200 and substitute it for 

 5   the identical Senate Bill 2755, Third Reading 

 6   Calendar 1409.

 7                On page 70, Senator Golden moves to 

 8   discharge, from the Committee on Rules, 

 9   Assembly Bill Number 10676 and substitute it for 

10   the identical Senate Bill 8557A, Third Reading 

11   Calendar 1443.

12                On page 74, Senator Young moves to 

13   discharge, from the Committee on Rules, 

14   Assembly Bill Number 9837A and substitute it for 

15   the identical Senate Bill 7630A, Third Reading 

16   Calendar 1499.

17                And on page 75, Senator Seward moves 

18   to discharge, from the Committee on Rules, 

19   Assembly Bill Number 10830 and substitute it for 

20   the identical Senate Bill 8158A, Third Reading 

21   Calendar 1501.

22                ACTING PRESIDENT GRIFFO:   The 

23   substitutions are so ordered as presented.

24                Messages from the Governor.

25                Reports of standing committees.


                                                               3739

 1                Reports of select committees.

 2                Communications and reports of state 

 3   officers.

 4                Motions and resolutions.

 5                Senator DeFrancisco.

 6                SENATOR DeFRANCISCO:    

 7   Mr. President, I wish to call up Senator 

 8   Phillips' bill, Print 8798, recalled from the 

 9   Assembly, which is now at the desk.

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   1681, by Senator Phillips, Senate Print 8798, an 

14   act to authorize.

15                SENATOR DeFRANCISCO:   I now move to 

16   reconsider the vote by which the bill was passed.

17                ACTING PRESIDENT GRIFFO:   Call the 

18   roll on reconsideration.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 56.

21                SENATOR DeFRANCISCO:   I now offer 

22   the following amendments.

23                ACTING PRESIDENT GRIFFO:   The 

24   amendments are received.

25                SENATOR DeFRANCISCO:   I now, on 


                                                               3740

 1   page 78, offer the following amendments to 

 2   Calendar 1730, Senate Print 8304, by 

 3   Senator Phillips, and ask that the bill retain 

 4   its place on the Third Reading Calendar.

 5                ACTING PRESIDENT GRIFFO:   The 

 6   amendments are received.  The bill shall retain 

 7   its place on third reading.

 8                SENATOR DeFRANCISCO:   On page 74, I 

 9   offer the following amendments to Calendar 1497, 

10   Senate Print 7521, by Senator Hannon, and ask 

11   that the bill retain its place on the 

12   Third Reading Calendar.

13                ACTING PRESIDENT GRIFFO:   The 

14   amendments are received.  The bill shall retain 

15   its place on third reading.

16                SENATOR DeFRANCISCO:   On page 66, I 

17   offer the following amendments to Calendar 1394, 

18   Senate Print 8485A, by Senator Golden, and that 

19   the bill retain its place on the Third Reading 

20   Calendar.

21                ACTING PRESIDENT GRIFFO:   The 

22   amendments are received.  The bill shall retain 

23   its place on third reading.

24                SENATOR DeFRANCISCO:   And finally, 

25   on page 71 I offer the following amendments to 


                                                               3741

 1   Calendar 1455, Senate Print 6597A, and ask that 

 2   said bill retain its place on the Third Reading 

 3   Calendar.  It's a bill by Senator Serino.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   amendments are received, and the bill shall 

 6   retain its place on third reading.

 7                SENATOR DeFRANCISCO:   Please 

 8   recognize Senator Klein.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Klein.

11                SENATOR KLEIN:   Thank you, 

12   Mr. President.

13                On behalf of Senator Carlucci, on 

14   page 76 I offer the following amendments to 

15   Calendar Number 1547, Senate Print 8345, and ask 

16   that said bill retain its place on Third Reading 

17   Calendar.

18                ACTING PRESIDENT GRIFFO:   The 

19   amendments are received.  The bill shall retain 

20   its place on third reading.

21                SENATOR KLEIN:   On behalf of 

22   Senator Avella, on page 28 I offer the following 

23   amendments to Calendar Number 693, Senate Print 

24   Number 7886, and ask that said bill retain its 

25   place on Third Reading Calendar.


                                                               3742

 1                ACTING PRESIDENT GRIFFO:   The 

 2   amendments are received.  The bill shall retain 

 3   its place on third reading.

 4                SENATOR KLEIN:   I move that the 

 5   following bill be discharged from its respective 

 6   committee and be recommitted with instructions to 

 7   strike the enacting clause, on behalf of Senator 

 8   Avella:  Senate Bill Number 8988.

 9                ACTING PRESIDENT GRIFFO:   It is so 

10   ordered.

11                SENATOR KLEIN:   I wish to call up 

12   Senator Carlucci's bill, Print Number 1773, 

13   recalled from the Assembly, which is now at the 

14   desk.

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   266, by Senator Carlucci, Senate Print 1773, an 

19   act to amend the Real Property Tax Law.

20                SENATOR KLEIN:   Mr. President, I 

21   now move to reconsider the vote by which this 

22   bill was passed.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will call the roll on reconsideration.

25                (The Secretary called the roll.)


                                                               3743

 1                THE SECRETARY:   Ayes, 56.

 2                SENATOR KLEIN:   Mr. President, I 

 3   now offer the following amendments.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   amendments are received.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, can we 

 8   now take up previously adopted Resolution 5583, 

 9   by Senator Stavisky, title only, and call on 

10   Senator Stavisky to speak.

11                ACTING PRESIDENT GRIFFO:   The 

12   Secretary will read.

13                THE SECRETARY:   Legislative 

14   Resolution Number 5583, by Senator Stavisky, 

15   celebrating Taiwan Heritage Day to strengthen the 

16   friendship and bilateral relationship between the 

17   State of New York and Taiwan.

18                ACTING PRESIDENT GRIFFO:   Da jia 

19   hao.

20                Senator Stavisky.

21                SENATOR STAVISKY:   Let me try it.  

22   Da jia hao.

23                (Applause.)

24                SENATOR STAVISKY:   First let me 

25   commend Senator Griffo for his knowledge of 


                                                               3744

 1   Mandarin.  And let me also add:  Huan ying lai 

 2   dao Albany.

 3                (Applause.)

 4                SENATOR STAVISKY:   And what that 

 5   means is hello and welcome to Albany.  

 6                We're delighted to have the 

 7   distinguished Ambassador/Director General Lily 

 8   L.W. Hsu, from the Taipei Economic and Cultural 

 9   Office in New York, representing the government 

10   of Taiwan and President Tsai Ing-wen.  

11                The reason I mention President Tsai 

12   is that for my colleagues on the other side of 

13   the aisle, she is a graduate of the law school at 

14   Cornell.  And she's the second president from 

15   Taiwan to attend Cornell.  So there's a 

16   relationship there, and certainly through 

17   Ambassador Hsu.  

18                The ambassador is the first woman 

19   from --

20                (Applause.)

21                SENATOR STAVISKY:   -- from Taiwan 

22   to represent the government in New York, in the 

23   New York region.  Previously she served in 

24   Washington, D.C., in the United Kingdom, and most 

25   recently from Denmark, which is quite a 


                                                               3745

 1   diplomatic resume.  In fact, we met right after 

 2   she came to New York, at a dinner in Flushing; 

 3   she had just come from Denmark.  

 4                She is joined on the floor by the 

 5   political director of the Taipei Economic and 

 6   Cultural Office in New York, Ronnie Lu --

 7                (Applause.)

 8                SENATOR STAVISKY:   -- and by Consul 

 9   Jenny Tzeng.  

10                We've heard from the Venerable 

11   Ru Yang, and we also recognize the chairman of 

12   the Taiwan Center, the senior center, Gow-Chung 

13   Chen.

14                (Applause.)

15                SENATOR STAVISKY:   Buddha's Light 

16   International Association President Li Yi Hung, 

17   from Flushing.  The temple is located on 

18   Barclay Avenue and 154th Street in Flushing.  

19                From the Capital Region, we have the 

20   Taiwanese American Cultural Society, Secretary 

21   Wes Yang and the former president, Chungchin 

22   Chen.

23                (Applause.)

24                SENATOR STAVISKY:   And from the 

25   Capital District Taiwanese American Association 


                                                               3746

 1   we have the vice president, Che-Hua Hsu.

 2                (Applause.)

 3                SENATOR STAVISKY:   Let me be very 

 4   brief, but let me talk for a moment about Taiwan 

 5   Heritage Day.  

 6                Taiwan is the 21st largest economy 

 7   in the world, and it's the United States's 10th 

 8   largest trading partner.  There are many Fortune 

 9   500 companies located in Taiwan, many Taiwanese 

10   investments in the United States.  They have a 

11   remarkable, remarkable history.  And it has one 

12   of the highest standards of living in the world.  

13   Ninety-seven percent literacy rate.  Imagine 

14   that, 97 percent literacy rate.  

15                Their cultural programs in the 

16   United States, the economic development efforts, 

17   the construction that's going on, the business, 

18   the vitality that they have brought with them 

19   from Taiwan is remarkable.  

20                I represent, as you know, Flushing.  

21   And in the late 1970s, early 1980s, stores were 

22   being boarded up, many businesses were going, 

23   people were leaving.  And people -- originally 

24   from Taiwan, and then from other parts of the 

25   world -- came to Flushing.  And today, if you 


                                                               3747

 1   walk through the streets of Flushing, you'll see 

 2   bustling vibrancy.  You'll see a very active 

 3   library -- as Senator Ritchie knows, one of the 

 4   busiest in the country -- right in Flushing.  And 

 5   it's because of what has happened as a result of 

 6   the arrival from China and from Taiwan of so many 

 7   immigrants.  

 8                And we are happy to have the 

 9   immigrants here in the United States.  We are 

10   proud of our democracy with our friends and the 

11   special relationship that we have with the 

12   Taiwanese community.  It's a partnership based on 

13   friendship.  

14                And let me just add that I have gone 

15   to the Buddha's Light Temple on many occasions, 

16   and I was there last year and this year to 

17   celebrate Buddha's birthday.  And they have 

18   something, a tradition called Three Acts of 

19   Goodness.  And let me conclude by naming the 

20   three acts, which I think is appropriate for the 

21   State Senate today.  Buddha said "Say good words, 

22   do good deeds, and think good thoughts."  

23                And this is the message that we 

24   should be sending to our constituents and to the 

25   people throughout the United States and the 


                                                               3748

 1   Republic of China and Taiwan.  

 2                So welcome, and we're happy to have 

 3   you.  Thank you.  

 4                Thank you, Mr. President.

 5                (Applause.)

 6                ACTING PRESIDENT GRIFFO:   Thank 

 7   you, Senator Stavisky.

 8                Senator Bailey.

 9                SENATOR BAILEY:   Thank you, 

10   Mr. President.

11                At the urge of being repetitive, 

12   this is the only phrase I know:  Da jia hao.  

13                (Laughter; applause.)

14                SENATOR BAILEY:   I just wanted to 

15   very briefly add my voice to the chorus of 

16   individuals who are commending the Taiwanese 

17   community.  I wanted to thank you for coming up.  

18                I had the pleasure of meeting many 

19   of you earlier today in Room 711A at the 

20   celebration with Senator Stavisky, 

21   Assemblymembers Yuh-Line Niou and Ron Kim as 

22   well, and we got to learn a lot about your 

23   culture.  

24                And one of the greatest things about 

25   this job is when different cultures and different 


                                                               3749

 1   people from different areas in our city and our 

 2   state come to the Capitol, and they recognize two 

 3   things.  One, that this is your state capital, 

 4   and that this is open and available for you, not 

 5   just the members of this house.  We work for the 

 6   people of this state, and you are the people of 

 7   the State of New York.  Don't ever forget that.  

 8                And secondly, continue to teach us 

 9   lessons from your culture.  Because Lord knows we 

10   can all learn a lot about each other's cultures, 

11   and it will make us all a lot better people in 

12   this society, this state and this city.  

13                So I wanted to thank you all for 

14   coming today.  I wanted to remind you to stay 

15   active, stay involved.  

16                And Toby, thank you for sponsoring 

17   this resolution.  

18                Thank you, Mr. President.

19                (Applause.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   Thank you.  

23                I also want to welcome everyone here 

24   on this Taiwanese Heritage Day.  I've met many of 

25   the guests that are on the floor in Syracuse when 


                                                               3750

 1   we raise the Taiwanese flag on an annual basis in 

 2   front of City Hall.

 3                This time of year in Albany, when 

 4   we're trying to get the final business done, 

 5   those three words of wisdom are very important 

 6   for us.  Because sometimes we have a tendency not 

 7   to say good things, think good thoughts and do 

 8   good things.  So that is a perfect remainder for 

 9   the last few days of session.

10                Lastly, because of it being the last 

11   few days of session, so many things are going on, 

12   and they're unavoidable.  And I apologize for the 

13   delay today.  It certainly meant no disrespect 

14   for anyone.  It's just that we're trying to 

15   organize everything to finish the business by the 

16   middle of next week.

17                So thank you for being here, and we 

18   appreciate the celebration that we're having 

19   today for your country.

20                (Applause.)

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator DeFrancisco.

23                As noted, the resolution was 

24   previously adopted on June 5th of this year.  

25                The resolution, at the request of 


                                                               3751

 1   Senator Stavisky, is open for cosponsorship.  

 2   Should you choose to be a cosponsor, please 

 3   notify the desk.

 4                We would like to once again welcome 

 5   and acknowledge the presence of the ambassador, 

 6   of the distinguished officials, and also of the 

 7   many guests who have joined us today.  

 8                So please rise and be recognized.  

 9   Xiexie.

10                (Standing ovation.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   DeFrancisco.

13                SENATOR DeFRANCISCO:   Now can we 

14   take up previously adopted Resolution 5738, by 

15   Senator Peralta, title only, and call on 

16   Senator Peralta to speak, please.

17                ACTING PRESIDENT GRIFFO:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 5738, by Senator Peralta, 

21   commemorating the 208th Anniversary of the 

22   Mexican Declaration of Independence from Spain on 

23   September 16, 2018.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Peralta.


                                                               3752

 1                SENATOR PERALTA:   Thank you, 

 2   Mr. President.

 3                Mexico has enjoyed a rich and 

 4   developed culture for many, many years that 

 5   existed before the arrival of Hernan Cortes in 

 6   1521, including the Mayans and the Aztecs.  

 7                This year, Mexico and Mexican 

 8   Americans will be celebrating its 208th 

 9   anniversary of the Declaration of Independence 

10   from Spain -- an independence declared on 

11   September 16, 1810, by Father Miguel Hidalgo in 

12   the City of Dolores, located in the Guanajuato.  

13   It began with the "Grito de Dolores," the Cry of 

14   the Dolores, which was also known as Father 

15   Hidalgo's proclamation "End to bad government."  

16                It was the beginning of a 

17   decade-long war for independence.  In 1811, 

18   Father Hidalgo and his followers were captured 

19   and executed in Chihuahua.  Father Jose Maria 

20   Morelos assumed Hidalgo's leadership, but in 1813 

21   he also was captured and executed by the Spanish 

22   crown.  When the insurgency was about to 

23   collapse, Spanish General Augustin de Iturbide 

24   joined them.  In 1821, the formerly Spanish 

25   general and representatives of the Spanish crown 


                                                               3753

 1   signed the Treaty of Cordoba, ending one of the 

 2   longest wars for independence in all of the 

 3   Americas and recognizing Mexico's independence.

 4                Mexicans and Mexican Americans have 

 5   contributed in every aspect of life, not only in 

 6   my district but across the state and the nation.  

 7   Many have made Queens and New York their home, 

 8   and it is only fitting that we thank them for 

 9   their efforts, work and their contribution.  They 

10   contribute to make Queens the most diverse 

11   borough in the nation, especially my district, 

12   the United Nations of all Senate districts.  

13                We extend our best wishes to our 

14   Mexican and Mexican American friends as they 

15   celebrate their independence from Spain.  Que 

16   viva Mexico!

17                ACTING PRESIDENT GRIFFO:   The 

18   resolution was previously adopted on June 12th of 

19   this year and is open for cosponsorship at the 

20   request of Senator Peralta.  If you choose to be 

21   a cosponsor, please notify the desk.

22                Senator DeFrancisco.

23                SENATOR DeFRANCISCO:   Yes, can we 

24   now have the noncontroversial reading of the 

25   active list, please.


                                                               3754

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Calendar Number 49, 

 4   substituted earlier by Member of the Assembly 

 5   Rosenthal, Assembly Print 8922, an act to amend 

 6   the Public Authorities Law.

 7                ACTING PRESIDENT GRIFFO:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 3.  This 

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

11   same manner as a chapter of the Laws of 2017.

12                ACTING PRESIDENT GRIFFO:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                THE SECRETARY:   Ayes, 58.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 70, 

19   by Senator O'Mara, Senate Print 2837B, an act to 

20   amend the Environmental Conservation Law.

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 


                                                               3755

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   passes.

 6                THE SECRETARY:   Calendar Number 

 7   194, by Senator Phillips, Senate Print 4456A, an 

 8   act to amend the Civil Practice Law and Rules.

 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, 58.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   205, by Senator Avella, Senate Print 1682, an act 

21   to amend the Public Authorities Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect one year after it shall 


                                                               3756

 1   have become a law.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 57.  Nays, 1.  

 6   Senator DeFrancisco recorded in the negative.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   283, by Senator Flanagan, Senate Print 6973A, an 

11   act in relation to authorizing.

12                ACTING PRESIDENT GRIFFO:   There is 

13   a home-rule message present at the desk.

14                The Secretary will read the last 

15   section.

16                THE SECRETARY:   Section 6.  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   passes.

24                THE SECRETARY:   Calendar Number 

25   287, by Senator Avella, Senate Print 1271, an act 


                                                               3757

 1   to amend the Executive Law.

 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, 58.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   314, by Senator Little, Senate Print 137, an act 

14   to amend the Social Services Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 5.  This 

18   act shall take effect on the first of January.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.  Nays, 1.  

23   Senator Hoylman recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               3758

 1                THE SECRETARY:   In relation to 

 2   Calendar 314, those recorded in the negative are 

 3   Senators Alcantara, Hoylman and Montgomery.

 4                Ayes, 55.  Nays, 3.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   is passed.

 7                THE SECRETARY:   Calendar Number 

 8   333, substituted earlier by Member of the 

 9   Assembly Brindisi, Assembly Print 7953A, an act 

10   to amend the Rural Electric Cooperative Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 4.  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                THE SECRETARY:   Ayes, 58.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   355, by Senator Klein, Senate Print 4712, an act 

23   to amend the Real Property Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3759

 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, 57.  Nays, 1.  

 7   Senator Sanders recorded in the negative.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                THE SECRETARY:   Calendar Number 

11   527, by Senator Stavisky, Senate Print 7667, an 

12   act to amend the Retirement and Social Security 

13   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   passes.

24                THE SECRETARY:   Calendar Number 

25   676, by Senator Avella, Senate Print 1874A, an 


                                                               3760

 1   act to amend the General Municipal Law.

 2                ACTING PRESIDENT GRIFFO:   Read the 

 3   last section.

 4                THE SECRETARY:   Section 10.  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   passes.

12                THE SECRETARY:   Calendar Number 

13   766, by Senator Helming, Senate Print 6746A, an 

14   act to amend the Vehicle and Traffic Law.

15                ACTING PRESIDENT GRIFFO:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the 180th day.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 57.  Nays, 1.  

23   Senator Hoylman recorded in the negative.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3761

 1                THE SECRETARY:   Calendar Number 

 2   769, by Senator Robach, Senate Print 7857, an act 

 3   to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect on the 180th day.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 56.  Nays, 2.  

12   Senators Avella and Hoylman recorded in the 

13   negative.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   is passed.

16                THE SECRETARY:   Calendar Number 

17   800, by Senator LaValle, Senate Print 7236, an 

18   act to amend the State Finance 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.)


                                                               3762

 1                THE SECRETARY:   Ayes, 58.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   895, substituted earlier by Member of the 

 6   Assembly Abbate, Assembly Print 3137, an act to 

 7   amend the Retirement and Social Security 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, 58.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   957, by Senator Robach, Senate Print 8243, an act 

20   to amend the Vehicle and Traffic Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect --

25                SENATOR KRUEGER:   Lay it aside, 


                                                               3763

 1   please. 

 2                SENATOR KLEIN:   Lay it aside.

 3                ACTING PRESIDENT GRIFFO:   Lay it 

 4   aside.

 5                THE SECRETARY:   Calendar Number 

 6   960, by Senator Felder, Senate Print 2105A, an 

 7   act to direct.

 8                ACTING PRESIDENT GRIFFO:   Read the 

 9   last 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, 58.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   971, by Senator Funke, Senate Print 7614, an act 

20   to amend the Education Law.

21                ACTING PRESIDENT GRIFFO:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect on the first of January.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               3764

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   passes.

 6                THE SECRETARY:   Calendar Number 

 7   979, substituted earlier by Member of the 

 8   Assembly Carroll, Assembly Print 10150, an act to 

 9   amend the Real Property Tax 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, 58.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   passes.

20                THE SECRETARY:   Calendar Number 

21   985, substituted earlier by Member of the 

22   Assembly Pellegrino, Assembly Print 10507, an act 

23   to amend Chapter 274 of the Laws of 2010.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3765

 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, 58.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   1065, substituted earlier by Member of the 

11   Assembly Paulin, Assembly Print 6823C, an act to 

12   amend the Penal Law.

13                ACTING PRESIDENT GRIFFO:   Read the 

14   last section.

15                THE SECRETARY:   Section 24.  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, 58.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   passes.

23                THE SECRETARY:   Calendar Number 

24   1109, by Senator LaValle, Senate Print 7259A, an 

25   act to amend the Education Law.


                                                               3766

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  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, 58.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   passes.

11                THE SECRETARY:   Calendar Number 

12   1117, substituted earlier by Member of the 

13   Assembly Lupardo, Assembly Print 6026, an act to 

14   amend the Real 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, 58.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   passes.

25                THE SECRETARY:   Calendar Number 


                                                               3767

 1   1135, by Senator Savino, Senate Print 3755 --

 2                SENATOR KLEIN:   Lay the bill aside 

 3   for the day, please.

 4                ACTING PRESIDENT GRIFFO:   Lay the 

 5   bill aside for the day.

 6                THE SECRETARY:   Calendar Number 

 7   1232, by Senator Savino, Senate Print 4135A --

 8                SENATOR KLEIN:   Lay the bill aside 

 9   for the day, please.

10                ACTING PRESIDENT GRIFFO:   Lay the 

11   bill aside for the day.

12                THE SECRETARY:   Calendar Number 

13   1247, substituted earlier by Member of the 

14   Assembly Englebright, Assembly Print 10220A, an 

15   act to amend the Business Corporation 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, 58.  

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3768

 1                THE SECRETARY:   Calendar Number 

 2   1301, by Senator Felder, Senate Print 7844, an 

 3   act to amend the Vehicle and Traffic Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 3.  This 

 7   act shall take effect on the first of January.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   In relation to 

12   Calendar 1301, those recorded in the negative are 

13   Senators Hoylman, Krueger and Ranzenhofer.

14                Ayes, 55.  Nays, 3.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   1326, substituted earlier by Member of the 

19   Assembly Dinowitz, Assembly Print 10647, an act 

20   to amend Chapter 237 of the Laws of 2015.

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 


                                                               3769

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 58.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   passes.

 6                THE SECRETARY:   Calendar Number 

 7   1361, by Senator Young, Senate Print 1107, an act 

 8   to amend the Penal Law.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect on the 180th day.

13                ACTING PRESIDENT GRIFFO:   Call the 

14   roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT GRIFFO:   Senator 

17   Young to explain her vote.

18                SENATOR YOUNG:   Thank you, 

19   Mr. President.  I'd like to explain my vote.  

20                This legislation, also known as 

21   Brittany's Law, was created in response to a 

22   horrible double murder that occurred in 2009 when 

23   12-year-old Brittany Passalacqua and her mother, 

24   Helen Buchel, were murdered by John Edward Brown, 

25   who was a violent felon who had been released 


                                                               3770

 1   early from prison after only serving two and a 

 2   half years for assaulting his infant daughter in 

 3   2003 --

 4                ACTING PRESIDENT GRIFFO:   Excuse 

 5   me, Senator Young.

 6                Can I have some order in the house, 

 7   please.

 8                SENATOR YOUNG:   Thank you, 

 9   Mr. President.

10                Unfortunately, Helen was unaware of 

11   the killer's dangerous past, and she started to 

12   date Brown.  Just a few months later, she was 

13   murdered and Brittany was murdered.  

14                And the passage today of this bill 

15   is particularly poignant, Mr. President, because 

16   today would have been Helen's 43rd birthday.  We 

17   have passed this law over and over again in the 

18   New York State Senate.  It's time for the 

19   Assembly to act.  

20                So I urge all of my colleagues to 

21   vote yes to create this registry of violent 

22   offenders so that people will have the knowledge 

23   that they need to know if someone is dangerous or 

24   not.  And also I would urge the Assembly to 

25   finally pass the bill and the Governor to sign it 


                                                               3771

 1   into law.

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Young to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar 1361, those recorded in the negative are 

 8   Senators Alcantara, Bailey, Benjamin, Comrie, 

 9   Dilan, Gianaris, Hamilton, Hoylman, Kavanagh, 

10   Krueger, Montgomery, Parker, Peralta, Sanders, 

11   Serrano and Stavisky.  Also Senator Rivera.  Also 

12   Senator Persaud.  

13                Ayes, 42.  Nays, 18.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   1387, by Senator Seward, Senate Print 7940A, an 

18   act to amend the Insurance Law.

19                SENATOR DeFRANCISCO:   Lay it aside 

20   for the day.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is laid aside for the day.

23                THE SECRETARY:   Calendar Number 

24   1390, by Member of the Assembly Cymbrowitz, 

25   Assembly Print 10613, an act to amend Chapter 673 


                                                               3772

 1   of the Laws of 2005.

 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.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   1409, substituted earlier by Member of the 

14   Assembly Weprin, Assembly Print 5200, an act to 

15   amend the Penal 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, 59.  Nays, 1.  

24   Senator Hamilton recorded in the negative.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3773

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   1443, substituted earlier by Member of the 

 4   Assembly Abbate, Assembly Print 10676, an act to 

 5   amend the Administrative Code of the City of 

 6   New York.

 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.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   passes.

17                THE SECRETARY:   Calendar Number 

18   1499, substituted earlier by Member of the 

19   Assembly Steck --

20                SENATOR DeFRANCISCO:   Lay the bill 

21   aside for the day, please. 

22                ACTING PRESIDENT GRIFFO:   Lay it 

23   aside for the day.

24                THE SECRETARY:   Calendar Number 

25   1501, substituted earlier by Member of the 


                                                               3774

 1   Assembly Stern, Assembly Print 10830, an act to 

 2   amend Chapter 563 of the Laws of 2001.

 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, 60.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                THE SECRETARY:   Calendar Number 

14   1721, by Senator Marcellino, Senate Print 6634, 

15   an act to authorize.

16                ACTING PRESIDENT GRIFFO:   There is 

17   a home-rule message present at the desk.

18                The Secretary will read the last 

19   section.

20                THE SECRETARY:   Section 6.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               3775

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                Calendar Number 1730 has been 

 4   amended.  It's high and is laid aside for the 

 5   day.

 6                Calendar Number 1740 is before the 

 7   house.

 8                THE SECRETARY:   Calendar Number 

 9   1740, by Senator Golden, Senate Print 8929, an 

10   act to amend the Executive Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                Senator DeFrancisco, that completes 

22   the noncontroversial reading of today's 

23   active-list calendar before the house.

24                SENATOR DeFRANCISCO:   

25   Mr. President, I'd like to now call an immediate 


                                                               3776

 1   meeting of the Rules Committee in Room 332.

 2                ACTING PRESIDENT GRIFFO:   There's 

 3   an immediate meeting of the Rules Committee in 

 4   Room 332.

 5                The Senate will stand at ease.

 6                (Whereupon, the Senate stood at ease 

 7   at 5:07 p.m.)

 8                (Whereupon, the Senate reconvened at 

 9   5:21 p.m.)

10                ACTING PRESIDENT GRIFFO:   The 

11   Senate will come to order.

12                SENATOR DeFRANCISCO:   Can we go 

13   to --

14                ACTING PRESIDENT GRIFFO:   Motions 

15   and resolutions we'll return to.

16                SENATOR DeFRANCISCO:   -- motions 

17   and resolutions.

18                ACTING PRESIDENT GRIFFO:   And 

19   reports of standing committees.

20                SENATOR DeFRANCISCO:   Is there a 

21   report of a standing committee at the desk?

22                ACTING PRESIDENT GRIFFO:   There is 

23   a Rules Committee report, and the Secretary will 

24   read.

25                THE SECRETARY:   Senator Flanagan, 


                                                               3777

 1   from the Committee on Rules, reports the 

 2   following bills:  

 3                Senate Print 48A, by Senator 

 4   Hoylman, an act to amend the Public Health Law; 

 5                Senate 465A, by Senator Robach, an 

 6   act to amend the Education Law; 

 7                Senate 806, by Senator Alcantara, an 

 8   act to amend the Public Health Law; 

 9                Senate 1033A, by Senator Carlucci, 

10   an act to amend the Tax Law; 

11                Senate 1198A, by Senator Persaud, an 

12   act to amend the Tax Law; 

13                Senate 1954, by Senator Klein, an 

14   act to amend the Penal Law; 

15                Senate 1994A, by Senator O'Mara, an 

16   act to amend the Tax Law; 

17                Senate 2084, by Senator Comrie, an 

18   act relating to the establishment; 

19                Senate 2477, by Senator Gianaris, an 

20   act to amend the Correction Law;

21                Senate 2689, by Senator Breslin, an 

22   act to amend the Vehicle and Traffic Law; 

23                Senate 3060, by Senator Addabbo, an 

24   act to amend the Highway Law; 

25                Senate 3370, by Senator Sanders, an 


                                                               3778

 1   act to amend the Racing, Pari-Mutuel Wagering and 

 2   Breeding Law; 

 3                Senate 3457A, by Senator Serrano, an 

 4   act to amend the Parks, Recreation and Historic 

 5   Preservation Law;

 6                Senate 3813, by Senator Sanders, an 

 7   act to amend the Education Law; 

 8                Senate 4019A, by Senator Hamilton, 

 9   an act to amend the Vehicle and Traffic Law; 

10                Senate 4185, by Senator Dilan, an 

11   act to amend the Vehicle and Traffic Law; 

12                Senate 4264A, by Senator Griffo, an 

13   act to amend the Public Service Law; 

14                Senate 4436, by Senator Montgomery, 

15   an act to amend the Vehicle and Traffic Law; 

16                Senate 5221A, by Senator Stavisky, 

17   an act to amend the Public Health Law;

18                Senate 5890B, by Senator Seward, an 

19   act to amend Chapter 440 of the Laws of 2012;

20                Senate 6201A, by Senator Lanza, an 

21   act to amend the Judiciary Law; 

22                Senate 6303A, by Senator Lanza, an 

23   act to amend the Public Authorities Law; 

24                Senate 6610, by Senator Lanza, an 

25   act to amend the Executive Law; 


                                                               3779

 1                Senate 6619, by Senator Lanza, an 

 2   act to amend the Education Law; 

 3                Senate 7351A, by Senator Valesky, an 

 4   act to amend the Vehicle and Traffic Law; 

 5                Senate 7395D, by Senator Tedisco, an 

 6   act to amend the Agriculture and Markets Law; 

 7                Senate 7443, by Senator Little, an 

 8   act to amend the General Municipal Law;

 9                Senate 7704, by Senator Golden, an 

10   act to amend the Retirement and Social Security 

11   Law; 

12                Senate 7705, by Senator Golden, an 

13   act to amend the Retirement and Social Security 

14   Law; 

15                Senate 7727, by Senator Young, an 

16   act to ratify; 

17                Senate 7730, by Senator Murphy, an 

18   act to amend the Education Law; 

19                Senate 7973A, by Senator Marchione, 

20   an act to amend the Banking Law; 

21                Senate 8018, by Senator Young, an 

22   act to amend Chapter 98 of the Laws of 2009; 

23                Senate 8141A, by Senator Benjamin, 

24   an act to amend the Public Authorities Law;

25                Senate 8389B, by Senator Jacobs, an 


                                                               3780

 1   act to amend the General Business Law; 

 2                Senate 8543, by Senator Serino, an 

 3   act to amend the Public Health Law; 

 4                Senate 8612, by Senator Hannon, an 

 5   act to amend the Not-For-Profit Corporation Law; 

 6                Senate 8727, by Senator LaValle, an 

 7   act to amend the Education Law;

 8                Senate 8841, by Senator Helming, an 

 9   act to amend the Agriculture and Markets Law; 

10                And Senate 8849, by Senator Larkin, 

11   an act to amend Chapter 266 of the Laws of 1981.

12                All bills reported direct to third 

13   reading.

14                SENATOR DeFRANCISCO:    

15   Mr. President, I move to accept the report of the 

16   Rules Committee.

17                ACTING PRESIDENT GRIFFO:   All in 

18   favor of accepting the Committee on Rules report 

19   signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT GRIFFO:   Opposed?  

22                (No response.)

23                ACTING PRESIDENT GRIFFO:   The Rules 

24   report is accepted and before the house.

25                SENATOR DeFRANCISCO:   Could we now 


                                                               3781

 1   go back to messages from the Assembly.

 2                ACTING PRESIDENT GRIFFO:   We will 

 3   return to messages from the Assembly for 

 4   substitution purposes.  

 5                The Secretary will read.

 6                THE SECRETARY:   Senator Carlucci 

 7   moves to discharge, from the Committee on 

 8   Investigations and Government Operations, 

 9   Assembly Bill Number 5159B and substitute it for 

10   the identical Senate Bill 1033A, Third Reading 

11   Calendar 1744.

12                Senator Comrie moves to discharge, 

13   from the Committee on Children and Families, 

14   Assembly Bill Number 2449 and substitute it for 

15   the identical Senate Bill 2084, Third Reading 

16   Calendar 1747.

17                Senator Sanders moves to discharge, 

18   from the Committee on Racing, Gaming and 

19   Wagering, Assembly Bill Number 3076 and 

20   substitute it for the identical Senate Bill 3370, 

21   Third Reading Calendar 1751.

22                Senator Serrano moves to discharge, 

23   from the Committee on Cultural Affairs, Assembly 

24   Bill Number 2835A and substitute it for the 

25   identical Senate Bill 3457A, Third Reading 


                                                               3782

 1   Calendar 1752.

 2                Senator Griffo moves to discharge, 

 3   from the Committee on Energy and 

 4   Telecommunications, Assembly Bill Number 467A and 

 5   substitute it for the identical Senate Bill 

 6   4264A, Third Reading Calendar 1756.

 7                Senator Lanza moves to discharge, 

 8   from the Committee on Veterans, Homeland Security 

 9   and Military Affairs, Assembly Bill Number 1206 

10   and substitute it for the identical Senate Bill 

11   6610, Third Reading Calendar 1762.

12                Senator Golden moves to discharge, 

13   from the Committee on Rules, Assembly Bill Number 

14   9910 and substitute it for the identical Senate 

15   Bill 7704, Third Reading Calendar 1767.

16                Senator Golden moves to discharge, 

17   from the Committee on Rules, Assembly Bill Number 

18   9909 and substitute it for the identical Senate 

19   Bill 7705, Third Reading Calendar 1768.

20                Senator LaValle moves to discharge, 

21   from the Committee on Rules, Assembly Bill Number 

22   10864 and substitute it for the identical Senate 

23   Bill 8727, Third Reading Calendar 1777.

24                Senator Helming moves to discharge, 

25   from the Committee on Rules, Assembly Bill Number 


                                                               3783

 1   10097 and substitute it for the identical Senate 

 2   Bill 8841, Third Reading Calendar 1778.

 3                And Senator Larkin moves to 

 4   discharge, from the Committee on Veterans, 

 5   Homeland Security and Military Affairs, 

 6   Assembly Bill Number 9585 and substitute it for 

 7   the identical Senate Bill 8849, Third Reading 

 8   Calendar 1779.

 9                ACTING PRESIDENT GRIFFO:   The 

10   substitutions are so ordered as read and 

11   presented.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   We have 

14   Supplemental Calendar 54A, which consists of the 

15   bills that just came out of the Rules Committee.  

16   May we have the noncontroversial reading of that 

17   calendar.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   1741, by Senator Hoylman, Senate Print 48A, an 

22   act to amend the Public Health Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 3.  This 


                                                               3784

 1   act shall take effect on the 180th day.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   passes.

 8                THE SECRETARY:   Calendar Number 

 9   1742, by Senator Robach, Senate Print 465A, an 

10   act to amend the Education 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, 59.  Nays, 1.  

19   Senator Hoylman recorded in the negative.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   passes.

22                THE SECRETARY:   Calendar Number 

23   1743, by Senator Alcantara, Senate Print 806, an 

24   act to amend the Public Health Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3785

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                THE SECRETARY:   Calendar Number 

11   1744, substituted earlier by Member of the 

12   Assembly Titus, Assembly Print 5159B, an act to 

13   amend the Tax Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the first of January.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT GRIFFO:   Excuse 

22   me.  Senator Carlucci to explain his vote.

23                SENATOR CARLUCCI:   Thank you, 

24   Mr. President.

25                Right now in New York State 


                                                               3786

 1   approximately 10,000 people are waiting for a 

 2   life-saving organ transplant.  And fortunately, 

 3   with advancements in modern medicine, organ 

 4   transplants have become safer and more successful 

 5   than ever before.  But unfortunately, right now 

 6   in New York we lag behind almost every other 

 7   state in the nation when it comes to eligible 

 8   people participating in the organ donor program.  

 9                And fortunately we've started to 

10   make strides.  In a few short years we've gone 

11   from only 13 percent of eligible people enrolled 

12   in the organ donor program to now 29 percent, and 

13   that's thanks to policies that have come out of 

14   this chamber and to so many advocates around the 

15   state that have been making a difference.

16                One friend of mine in Nanuet, 

17   Roxanne Watson, she received a heart transplant.  

18   And since she's been well enough, she has signed 

19   up over 11,000 people to become organ donors.

20                So we all play a part in this.  

21   That's why this legislation is important, by 

22   doing another policy that will help to encourage 

23   people to become organ donors.  I support this 

24   legislation, want to thank my colleagues for 

25   doing the same.


                                                               3787

 1                Thank you, Mr. President.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Carlucci to be recorded in the affirmative.

 4                Announce the results.

 5                THE SECRETARY:   Ayes, 60.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   passes.

 8                THE SECRETARY:   Calendar Number 

 9   1745, by Senator Persaud, Senate Print 1198A, an 

10   act to amend the Tax Law.

11                ACTING PRESIDENT GRIFFO:   Read the 

12   last section.

13                THE SECRETARY:   Section 3.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 60.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   1746, by Senator Klein, Senate Print 1954, an act 

23   to amend the Penal Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3788

 1                THE SECRETARY:   Section 5.  This 

 2   act shall take effect on the first of November.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   1747, substituted earlier by Member of the 

11   Assembly Hyndman, Assembly Print 2449, an act 

12   relating to the establishment.

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.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   passes.

23                THE SECRETARY:   Calendar Number 

24   1748, by Senator Gianaris, Senate Print 2477, an 

25   act to amend the Correction Law.


                                                               3789

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 7.  This 

 4   act shall take effect on the 120th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 60.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   passes.

11                THE SECRETARY:   Calendar Number 

12   1749, by Senator Breslin, Senate Print 2689, an 

13   act to amend the Vehicle and Traffic Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the 120th day.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   1750, by Senator Addabbo, Senate Print 3060, an 


                                                               3790

 1   act to amend the Highway 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, 60.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   1751, substituted earlier by Member of the 

14   Assembly Cymbrowitz, Assembly Print 3076, an act 

15   to amend the Racing, Pari-Mutuel Wagering and 

16   Breeding 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, 58.  Nays, 2.  

25   Senators Griffo and Marchione recorded in the 


                                                               3791

 1   negative.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   1752, substituted earlier by Member of the 

 6   Assembly Englebright, Assembly Print 2835A, an 

 7   act to amend the Parks, Recreation and Historic 

 8   Preservation 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, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   1753, by Senator Sanders, Senate Print 3813, an 

21   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.


                                                               3792

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   1754, by Senator Hamilton, Senate Print 4019A, an 

 9   act to amend the Vehicle and Traffic Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 3.  This 

13   act shall take effect immediately.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Hamilton to explain his vote.

19                SENATOR HAMILTON:   I stand, 

20   Mr. Chairman, to thank my colleagues for voting 

21   for the distinctive license plate for the 

22   Jamaican bobsledding team.  

23                As you know, the Jamaican 

24   bobsledding team was internationally known.  And 

25   my wife is from Jamaica.  So I thank you all for 


                                                               3793

 1   supporting the license plates for the Jamaican 

 2   bobsledding team.  Irie, mon.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Hamilton in the affirmative.

 5                Senator Bailey to explain his vote.  

 6                SENATOR BAILEY:   Thank you, 

 7   Mr. President.

 8                Briefly, Cool Runnings was one of my 

 9   favorite movies growing up --

10                (Laughter.)

11                SENATOR BAILEY:   -- and it was 

12   about the Jamaican bobsled team.  

13                But as the proud representative of 

14   the 36th Senatorial District, which has a great 

15   deal of Jamaicans, I applaud Senator Hamilton for 

16   bringing this bill to the floor.  

17                Thank you, Mr. President.  I vote 

18   aye.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Bailey in the affirmative.  

21                Senator DeFrancisco to explain his 

22   vote.  

23                SENATOR DeFRANCISCO:   Yes.  I'm 

24   voting no, not for any disrespect for anyone.  

25   The problem, however, is that we must have 


                                                               3794

 1   50 license plate bills, and we don't have any 

 2   policy in the State of New York as to which ones 

 3   should be voted on and which ones should not be 

 4   voted on.  

 5                And clearly it was an exciting event 

 6   when the Jamaican bobsled team participated in 

 7   the Olympics, but there's a lot of other 

 8   incredible causes that have sought license 

 9   plates.  

10                So with no disrespect, I just 

11   believe we need a policy first before we do a 

12   couple of different distinctive plates.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   DeFrancisco in the negative.

15                Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar 1754, those recorded in the negative are 

18   Senators Akshar, DeFrancisco, Funke, Gallivan, 

19   Jacobs, Kaminsky, Little, Marchione, O'Mara, 

20   Ortt, Ranzenhofer, Serino, Seward, Tedisco and 

21   Young.

22                Ayes, 45.  Nays, 15.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               3795

 1   1755, by Senator Dilan, Senate Print 4185, an act 

 2   to amend the Vehicle and Traffic Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 120th day.

 7                ACTING PRESIDENT GRIFFO:   Call the 

 8   roll.

 9                (The Secretary called the roll.)

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT GRIFFO:   The bill 

12   passes.

13                THE SECRETARY:   Calendar Number 

14   1756, substituted earlier by Member of the 

15   Assembly Paulin, Assembly Print 467A, an act to 

16   amend the Public Service Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect on the 90th day.

21                ACTING PRESIDENT GRIFFO:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                THE SECRETARY:   Ayes, 60.

25                ACTING PRESIDENT GRIFFO:   The bill 


                                                               3796

 1   passes.

 2                THE SECRETARY:   Calendar Number 

 3   1757, by Senator Montgomery, Senate Print 4436, 

 4   an act to amend the Vehicle and Traffic Law.

 5                ACTING PRESIDENT GRIFFO:   Read the 

 6   last section.

 7                THE SECRETARY:   Section 3.  This 

 8   act shall take effect on the 180th day.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   1758, by Senator Stavisky, Senate Print 5221A, an 

17   act to amend the Public Health Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first of January.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               3797

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   1759, by Senator Seward, Senate Print 5890B, an 

 5   act to amend Chapter 440 of the Laws of 2012.

 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, 58.  Nays, 2.  

14   Senators Krueger and Sanders recorded in the 

15   negative.

16                ACTING PRESIDENT GRIFFO:   The bill 

17   passes.

18                THE SECRETARY:   Calendar Number 

19   1760, by Senator Lanza, Senate Print 6201A, an 

20   act to amend the Judiciary Law.

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 


                                                               3798

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 60.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1761, by Senator Lanza, Senate Print 6303A, an 

 8   act to amend the Public Authorities 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, 57.  Nays, 3.  

17   Senators Dilan, Hoylman and Kavanagh recorded in 

18   the negative.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   is passed.

21                THE SECRETARY:   Calendar Number 

22   1762, substituted earlier by Member of the 

23   Assembly Cusick, Assembly Print 1206, an act to 

24   amend the Executive Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3799

 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, 60.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                THE SECRETARY:   Calendar Number 

11   1763, by Senator Lanza, Senate Print 6619, an act 

12   to amend the Education 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.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   1764, by Senator Valesky, Senate Print 7351A, an 

25   act to amend the Vehicle and Traffic Law.


                                                               3800

 1                ACTING PRESIDENT GRIFFO:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 3.  This 

 4   act shall take effect on the 180th day.

 5                ACTING PRESIDENT GRIFFO:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                THE SECRETARY:   Ayes, 60.

 9                ACTING PRESIDENT GRIFFO:   The bill 

10   passes.

11                THE SECRETARY:   Calendar Number 

12   1765, by Senator Tedisco, Senate Print 7395D, an 

13   act to amend the Agriculture and Markets Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

18                ACTING PRESIDENT GRIFFO:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 60.

22                ACTING PRESIDENT GRIFFO:   The bill 

23   passes.

24                THE SECRETARY:   Calendar Number 

25   1766, by Senator Little, Senate Print 7443, an 


                                                               3801

 1   act to amend the General Municipal Law.

 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.

10                ACTING PRESIDENT GRIFFO:   The bill 

11   passes.

12                THE SECRETARY:   Calendar Number 

13   1767, substituted earlier by Member of the 

14   Assembly Abbate, Assembly Print 9910, 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, 60.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               3802

 1                THE SECRETARY:   Calendar Number 

 2   1768, substituted earlier by Member of the 

 3   Assembly Abbate, Assembly Print 9909, an act to 

 4   amend the Retirement and Social Security 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, 60.

13                ACTING PRESIDENT GRIFFO:   The bill 

14   passes.

15                THE SECRETARY:   Calendar Number 

16   1769, by Senator Young, Senate Print 7727, an act 

17   to ratify.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               3803

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   1770, by Senator Murphy, Senate Print 7730, an 

 5   act to amend the Education Law.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   1771, by Senator Marchione, Senate Print 7973A, 

18   an act to amend the Banking 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.)


                                                               3804

 1                THE SECRETARY:   Ayes, 60.

 2                ACTING PRESIDENT GRIFFO:   The bill 

 3   passes.

 4                THE SECRETARY:   Calendar Number 

 5   1772, by Senator Young, Senate Print 8018, an act 

 6   to amend Chapter 98 of the Laws of 2009.

 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 1772, those recorded in the negative are 

16   Senators Brooks, Kaminsky and Lanza.

17                Ayes, 57.  Nays, 3.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 

21   1773, by Senator Benjamin, Senate Print 8141A, an 

22   act to amend the Public Authorities Law.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3805

 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   Benjamin to explain his vote.

 7                SENATOR BENJAMIN:   Thank you, 

 8   Mr. President.

 9                I rise because on Monday, April 9th, 

10   at the B/C train on 116th and Frederick Douglass, 

11   which is in the heart of my district, the train 

12   was closed.  And we were told that it was closed 

13   because there were renovations being done that 

14   would take over six months to get accomplished.

15                Unfortunately, my entire community 

16   was not notified ahead of time about this 

17   closure.  At this site, it serves three community 

18   boards in my district -- one, CB7, knew, but the 

19   others, 9 and 10, were not informed.  

20                And so unfortunately this morning 

21   myself and others were trying to instruct parents 

22   of other options, letting them know that the 

23   train was closed.  We had kids on their way to 

24   school.  People's lives were being impacted 

25   because of this.


                                                               3806

 1                Fortunately, thanks to our efforts 

 2   here today, there will now be a required public 

 3   hearing 30 days before any such closure.  And 

 4   that would at least give parents and families and 

 5   friends, those who have to use public 

 6   transportation in New York City, the opportunity 

 7   to be aware that the train is actually going to 

 8   be closed and they have to find other means to 

 9   get to work or to school or to see their family.

10                So thank you, Mr. President.  I just 

11   wanted to sort of bring that to everyone's 

12   attention.  It's a good bill.  Thank you.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Benjamin to be recorded in the affirmative.

15                Announce the results.

16                THE SECRETARY:   Ayes, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   1774, by Senator Jacobs, Senate Print 8389B, an 

21   act to amend the General Business Law.

22                ACTING PRESIDENT GRIFFO:   Read the 

23   last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect on the 90th day.


                                                               3807

 1                ACTING PRESIDENT GRIFFO:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Jacobs to explain his vote.

 6                Can I have some order, please, in 

 7   the house.

 8                SENATOR JACOBS:   Thank you, 

 9   Mr. President.  

10                This bill is -- as of June 30th, the 

11   rental vehicle protections expire for rental cars 

12   in the state.  This bill would renew that for 

13   another five years.  It would update many of the 

14   provisions.  It will provide greater consumer 

15   protections.  And it will institute a new 

16   schedule in terms of optional vehicle protection.  

17                One thing I did want to let this 

18   body know is there was a letter, a memo of 

19   opposition from the New York State Trial Lawyers 

20   Association concerned about mandatory arbitration 

21   on this.  I just wanted to inform the body that 

22   this memo was withdrawn because the association 

23   was not aware that amendments that happened early 

24   this month assured and clarified that there is 

25   not mandatory arbitration in this piece of 


                                                               3808

 1   legislation.

 2                Thank you.

 3                ACTING PRESIDENT GRIFFO:   Senator 

 4   Jacobs to be recorded in the affirmative.

 5                Senator Kavanagh to explain his 

 6   vote.

 7                SENATOR KAVANAGH:   Just briefly.  

 8                This is an expansive bill, but I 

 9   just want to note one provision, which is 

10   something we've tried to pass for a long time and 

11   I'm glad to see in the bill.  This bill, among 

12   other things, bans geographic discrimination by 

13   rental car companies.  

14                They've had a number of instances 

15   where they would charge you differentially based 

16   on where your residence is, not where you're 

17   renting the car.  So if you're a Brooklyn 

18   resident, even if you're renting in some other 

19   place, you might be charged more just by virtue 

20   of being from Brooklyn.

21                I wasn't previously from Brooklyn, 

22   but now I represent Brooklyn.  And this is a bill 

23   we passed for many years in the Assembly, and I'm 

24   glad to see this house take that provision up.

25                And I'll be voting in the 


                                                               3809

 1   affirmative.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Kavanagh to be recorded in the affirmative.  

 4                I need to see a show of hands again.  

 5                I need to have some order in the 

 6   house.  

 7                And Senator Klein to explain his 

 8   vote.

 9                SENATOR KLEIN:   Thank you, 

10   Mr. President.

11                I want to thank the sponsor for 

12   moving this bill forward.  This is an issue that 

13   I've a long history with.  When I was in the 

14   Assembly, I did the original collision damage 

15   waiver bill with the late Senator Libous.  

16                And what this did was really 

17   transform the industry.  There was a time where 

18   no one wanted to rent cars any longer in 

19   New York.  You didn't have a large selection of 

20   cars.  The prices were very, very high.  

21                What we've seen since the passage of 

22   the original legislation and now the continuation 

23   is rental car rates going down dramatically, the 

24   types of cars people can rent has expanded 

25   greatly, and I think it's been a win for the 


                                                               3810

 1   automobile industry and really everyone else in 

 2   between.

 3                So I of course vote yes, and again I 

 4   thank Senator Jacobs for bringing this bill 

 5   forward.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Klein in the affirmative.

 8                Can I have a show of hands again, 

 9   anybody voting in the negative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 60.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   passes.  

14                The Secretary will continue.

15                THE SECRETARY:   Calendar Number 

16   1775, by Senator Serino, Senate Print 8543, an 

17   act to amend the Public Health Law.

18                ACTING PRESIDENT GRIFFO:   Read the 

19   last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the 120th day.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 60.


                                                               3811

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   passes.

 3                THE SECRETARY:   Calendar Number 

 4   1776, by Senator Hannon, Senate Print 8612, an 

 5   act to amend the Not-For-Profit Corporation 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, 60.

14                ACTING PRESIDENT GRIFFO:   The bill 

15   passes.

16                THE SECRETARY:   Calendar Number 

17   1777, substituted earlier by Member of the 

18   Assembly Hyndman, Assembly Print 10864, an act to 

19   amend the Education 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.


                                                               3812

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 60.

 3                ACTING PRESIDENT GRIFFO:   The bill 

 4   passes.

 5                THE SECRETARY:   Calendar Number 

 6   1778, substituted earlier by Member of the 

 7   Assembly Woerner, Assembly Print 10097, an act to 

 8   amend the Agriculture and Markets 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, 60.

17                ACTING PRESIDENT GRIFFO:   The bill 

18   passes.

19                THE SECRETARY:   Calendar Number 

20   1779, substituted earlier by Member of the 

21   Assembly Hunter, Assembly Print 9585, an act to 

22   amend Chapter 266 of the Laws of 1981.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 2.  This 


                                                               3813

 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   Hoylman to explain his vote.

 7                SENATOR HOYLMAN:   Thank you, 

 8   Mr. President.  

 9                I want to commend the sponsor for 

10   this common-sense bill that extends the revival 

11   window by two years for members of the armed 

12   services serving in Vietnam who were exposed to 

13   Agent Orange.  

14                You know, revival windows are 

15   important to individuals who seek justice, yet 

16   some are outside of the statute of limitations.  

17   And at the same time, the harm that is caused 

18   them only is evident years after the statute of 

19   limitations closes.  

20                That's what happens in this bill, 

21   and that's what we could do for survivors of 

22   child sexual abuse by passing the Child Victims 

23   Act that has passed the Assembly already.  

24                I'll be voting aye.  Thank you, 

25   Mr. President.


                                                               3814

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Hoylman in the affirmative.

 3                Announce the results.

 4                THE SECRETARY:   Ayes, 60.

 5                ACTING PRESIDENT GRIFFO:   The bill 

 6   passes.

 7                THE SECRETARY:   Calendar Number 

 8   1780, by Senator O'Mara, Senate Print 1994A, an 

 9   act to amend the Tax Law.

10                ACTING PRESIDENT GRIFFO:   Read the 

11   last section.

12                THE SECRETARY:   Section 10.  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.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                Senator DeFrancisco, that concludes 

21   the noncontroversial reading of today's Senate 

22   Supplemental Calendar 54A -- with good work, good 

23   deeds and good thoughts abounding.

24                SENATOR DeFRANCISCO:   That is 

25   correct.  That is correct.  She is invited back 


                                                               3815

 1   for the prayer tomorrow morning as well.

 2                There is a supplemental active list 

 3   at the desk that consists of six bills, starting 

 4   with a Robach bill, ending with a Mayer bill.  If 

 5   you can't find it on your desk, there's one at 

 6   the table up here.  I'd like to ask you to do the 

 7   noncontroversial reading of that calendar, 

 8   please.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will begin the noncontroversial 

11   supplemental active-list calendar with Calendar 

12   Number 610.

13                THE SECRETARY:   Calendar Number 

14   610, by Senator Robach, Senate Print 7664, an act 

15   to amend the Vehicle and Traffic 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, 60.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   passes.


                                                               3816

 1                THE SECRETARY:   Calendar Number 

 2   1272, by Senator O'Mara, Senate Print 2123, an 

 3   act to amend the Penal Law.

 4                ACTING PRESIDENT GRIFFO:   Read the 

 5   last section.

 6                THE SECRETARY:   Section 6.  This 

 7   act shall take effect on the first of November.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT GRIFFO:   Announce 

12   the results.

13                THE SECRETARY:   In relation to 

14   Calendar 1272, those recorded in the negative are 

15   Senators Alcantara, Bailey, Comrie, Hoylman, 

16   Kavanagh, Krueger, Montgomery and Serrano.  Also 

17   Senator Rivera.  

18                Ayes, 51.  Nays, 9.

19                ACTING PRESIDENT GRIFFO:   The bill 

20   passes.

21                THE SECRETARY:   Calendar Number 

22   1452, by Senator Seward, Senate Print 3970, an 

23   act to amend the Education Law.

24                ACTING PRESIDENT GRIFFO:   Read the 

25   last section.


                                                               3817

 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.

 7                ACTING PRESIDENT GRIFFO:   The bill 

 8   passes.

 9                THE SECRETARY:   Calendar Number 

10   1509, by Senator Hannon, Senate Print 8785, an 

11   act 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, 60.

20                ACTING PRESIDENT GRIFFO:   The bill 

21   passes.

22                THE SECRETARY:   Calendar Number 

23   1651, by Senator Ortt, Senate Print 8210, an act 

24   to amend the Executive Law.

25                ACTING PRESIDENT GRIFFO:   Read the 


                                                               3818

 1   last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT GRIFFO:   Call the 

 5   roll.

 6                (The Secretary called the roll.)

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT GRIFFO:   The bill 

 9   passes.

10                THE SECRETARY:   Calendar Number 

11   1739, by Senator Mayer, Senate Print 8857, an act 

12   to amend Chapter 725 of the Laws of 1984.

13                ACTING PRESIDENT GRIFFO:   There is 

14   a home-rule message present at the desk.

15                The Secretary will read the last 

16   section.

17                THE SECRETARY:   Section 2.  This 

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

19   same manner as a chapter of the Laws of 2017.

20                ACTING PRESIDENT GRIFFO:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                THE SECRETARY:   Ayes, 60.

24                ACTING PRESIDENT GRIFFO:   The bill 

25   is passed.


                                                               3819

 1                Senator DeFrancisco, that completes 

 2   the noncontroversial reading of the supplemental 

 3   active-list calendar at the desk.

 4                SENATOR DeFRANCISCO:   Can we go 

 5   back to the original active list.  I believe 

 6   there's one bill that's been laid aside, a Robach 

 7   bill.  Can we have the noncontroversial reading 

 8   of that bill.

 9                ACTING PRESIDENT GRIFFO:   We will 

10   return to the original active list for Calendar 

11   Number 957.  

12                The Secretary will ring the bell, 

13   and the Secretary will read.  Noncontroversial?

14                SENATOR DeFRANCISCO:    

15   Controversial, I'm sorry.

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will ring the bell.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   957, by Senator Robach, Senate Print 8243, an act 

21   to amend the Vehicle and Traffic Law.

22                SENATOR KRUEGER:   Explanation.

23                ACTING PRESIDENT GRIFFO:   Order, 

24   please, in the chamber.

25                Senator Krueger has requested an 


                                                               3820

 1   explanation.

 2                SENATOR ROBACH:   Yes, 

 3   Mr. President.

 4                This bill, which we have taken up -- 

 5   well, a different version of this bill before, 

 6   would amend the Vehicle and Traffic Law in 

 7   allowing to change what I believe is an archaic 

 8   part of our law that would have to have one hand 

 9   on the steering wheel even when you have auto 

10   park and auto assist -- which you physically 

11   can't have your hands on that wheel -- as well as 

12   other features that are added to enhance cars and 

13   make them more safe.  

14                Just for the record, because I know 

15   Senator Krueger and I have discussed this bill 

16   before, there's been a little bit of a revision 

17   to say only when those safety features are in 

18   place would that be intact.  And we've also 

19   changed sponsors in the other house to 

20   Assemblyman Morelle.

21                SENATOR KRUEGER:   Through you, 

22   Mr. President, if the sponsor would please yield.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Robach, do you yield?

25                SENATOR ROBACH:   Certainly.


                                                               3821

 1                ACTING PRESIDENT GRIFFO:   The 

 2   sponsor yields.

 3                SENATOR KRUEGER:   Thank you.  

 4                So in your explanation you talked 

 5   specifically about a certain list of automation 

 6   changes, but in your legislation it says all 

 7   automation.

 8                SENATOR ROBACH:   There's only three 

 9   allowed now by federal law anywhere:  Lane 

10   identification, emergency braking, and auto 

11   parking.  So it would affect those three.  

12                But the one I would say that I 

13   personally am the most concerned with -- and I 

14   think this is important for members to know both 

15   from a standpoint of violating the law as well as 

16   from a civil standpoint -- if we do not change 

17   this law, you could actually own the vehicle 

18   yourself and if you were to be parking your car 

19   or using any of those safety features as 

20   instructed to operate safely, you could then be 

21   both liable or be given a ticket for not doing it 

22   under existing law.  

23                If we don't change this, I think 

24   it's making scofflaws out of law-abiding 

25   citizens.  In people who have been surveyed, 


                                                               3822

 1   84 percent want to use these safety features, 

 2   which we know make vehicles safe safer and less 

 3   likely to be involved in an accident.

 4                SENATOR KRUEGER:   Through you, 

 5   Mr. President, if the sponsor would continue to 

 6   yield.

 7                SENATOR ROBACH:   Certainly.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   sponsor yields.

10                SENATOR KRUEGER:   I want to thank 

11   the sponsor for his explanation and also to go on 

12   record that ultimately I'm not necessarily 

13   opposed to autonomous vehicles, but our job here 

14   is to make sure we do protect the safety of the 

15   nearly 20 million New Yorkers.

16                So in the semiautonomous vehicles 

17   that you would like us to be able to use with no 

18   hand on the steering wheel, what happens if 

19   there's a hardware malfunction but our hands 

20   aren't on the steering wheel?

21                SENATOR ROBACH:   So you're really 

22   talking about two completely different things.  A 

23   fully autonomous vehicle -- which they have 

24   prototypes, and I have driven -- would be very 

25   different than the cars we have available today, 


                                                               3823

 1   which are a limited amount of autonomous 

 2   features.  

 3                So I can only speak to, in all 

 4   reality, what's on the marketplace right now.  So 

 5   if you're driving your Buick Regal with 

 6   auto-assist brake, what would happen is you would 

 7   hit the button for that to park your car, and it 

 8   instructs you to let go of the steering wheel.  

 9   Which you would do, because if you have your hand 

10   on it, it can't turn by itself.

11                That's all it would do.  So if -- I 

12   assume if your car broke down or had something 

13   else, you would have to manage that with a 

14   different way.  

15                If you are talking about a fully 

16   autonomous vehicle, it would depend what features 

17   that had and what technology was in that car, 

18   which are not available in the marketplace today.  

19                I really do feel they're two 

20   completely different things but somewhat related.

21                SENATOR KRUEGER:   Yes, they're two 

22   different things, somewhat related.

23                If we pass your bill, we have 

24   established in the law of the State of New York 

25   that if we move into expanded categories of fully 


                                                               3824

 1   autonomous vehicles, we've already removed the 

 2   requirement to have your hands on the wheel.  So 

 3   this is both for current and for future; correct?

 4                SENATOR ROBACH:   In all due 

 5   respect, this would actually -- those features -- 

 6   you can't have an autonomous vehicle.  By 

 7   definition, it means it can drive without manual 

 8   control.  But we're not there yet.

 9                SENATOR KRUEGER:   I understand.  

10   But this -- I'm sorry, through you, 

11   Mr. President.  Hello.  

12                If we pass this law, it applies to 

13   the future expectation of fully autonomous 

14   vehicles as well as the current reality of 

15   semiautonomous vehicles; correct?  

16                SENATOR ROBACH:   I don't think so.  

17   I think this only affects the things that are 

18   listed on here, which I can read to you.  Right 

19   now we're amending the section of the law that 

20   would say "automatic emergency braking, adaptive 

21   cruise control, self-parking technology or lane 

22   assist."

23                SENATOR KRUEGER:   Through you, 

24   Mr. President, if the sponsor will continue to 

25   yield.


                                                               3825

 1                SENATOR ROBACH:   Sure.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senator yields.

 4                SENATOR KRUEGER:   My understanding 

 5   of the law is it covers -- as defined in SAE 

 6   J3016 industry standards, which are broader than 

 7   just the semiautonomous vehicles we're discussing 

 8   today.

 9                SENATOR ROBACH:   Well, the whole 

10   industry is looking at standards of what might 

11   happen in the future, no question.  And SAE, 

12   which you brought up -- the Society of Automotive 

13   Engineers are the brain trust, I mean, evolving 

14   from Thomas Edison and Henry Ford to today, the 

15   top-notch people on automotive safety in doing 

16   that.  So yes, I think they're always looking at 

17   what the standards are and how they can revise 

18   that.

19                SENATOR KRUEGER:   Through you, 

20   Mr. President, if the sponsor would continue to 

21   yield.

22                ACTING PRESIDENT GRIFFO:   The 

23   sponsor yields.

24                SENATOR KRUEGER:   Thank you.

25                So let's stick with the 


                                                               3826

 1   semiautonomous vehicles, and we'll use the 

 2   example the sponsor already raised, you have a 

 3   car that is self-parking.  And in theory, you 

 4   pull up to a spot and it parks itself.  And then 

 5   if we pass this law, you don't have to have your 

 6   hands on the wheel, you'll probably be less -- 

 7   correct, neither hand will have to be on the 

 8   wheel?

 9                SENATOR ROBACH:   When that feature 

10   is engaged only.

11                SENATOR KRUEGER:   Yup, only when 

12   that feature is engaged for the parking.  And 

13   good chance when your hand's not on the wheel at 

14   all and it's self-parking or doing something else 

15   for itself, you're not as focused on what's going 

16   on in your mirrors.

17                The car malfunctions.  It doesn't 

18   stop when somebody darts between where it is and 

19   the parking space, and the car hits the person 

20   who is cutting through the parking space.  But 

21   your hands aren't on the wheel, and you're not 

22   focused on the responsibility, and you may not 

23   even be looking in the mirrors, rear-view or 

24   front, because you're checking something because 

25   you don't have any responsibility for that 


                                                               3827

 1   vehicle at that time.  

 2                Don't you think that should be a 

 3   concern for us?  

 4                SENATOR ROBACH:   Actually, that's a 

 5   perfect point why we need to have this.  

 6                So if you had the technology, and 

 7   let's say you had all of it, not only would that 

 8   park your car without banging or denting anybody 

 9   probably better than humans can, according to 

10   SAE, but also if you had the automatic braking 

11   feature, it might stop that too, even though you 

12   might be looking in the mirror or might not be. 

13                But I almost just want to turn it a 

14   around a minute, even given your scenario.  So 

15   now let's say somebody is driving their own 

16   vehicle, comes around the corner while you're on 

17   auto assist and runs into the back of your 

18   vehicle, and the feature can't stop the accident 

19   occurring.  Do you think that person who's using 

20   the technology should either be financially 

21   liable or be written a ticket because they don't 

22   have their hands on the steering wheel, whether 

23   it's my mother, somebody's grandmother who's 

24   doing exactly what they're supposed to do with 

25   the vehicle?  


                                                               3828

 1                We're the only state in the nation 

 2   that has this, and we're no safer than anybody 

 3   else.

 4                So I really, really feel the time is 

 5   long overdue.  We've addressed all the concerns.  

 6   If you want to be opposed to autonomous vehicles, 

 7   you certainly have that opinion.  But for 

 8   technology that's already in cars that people are 

 9   paying extra money to have -- the SAE, who you 

10   brought up, is saying it makes us almost 

11   90 percent safer by having those features -- I 

12   don't think we should make scofflaws out of 

13   people here in New York.  I think they should be 

14   treated like the rest of the country and be able 

15   to use those features, be safer and move on.  

16   Because that's what will happen if we don't do 

17   the bill, Senator Krueger.

18                SENATOR KRUEGER:   Through you, 

19   Mr. President, let me see if I have any more 

20   questions before I speak on the bill.  No, I'll 

21   be on the bill.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Krueger on the bill.

24                SENATOR KRUEGER:   Thank you.

25                So the sponsor seems to believe I'm 


                                                               3829

 1   opposed to autonomous vehicles.  I am not.  I 

 2   want to make sure they're safe before we let them 

 3   on our roads.  And I want to make sure we think, 

 4   as a legislature, about the responsibilities we 

 5   need to take on when we're move into a world of 

 6   autonomous vehicles.  And there are many things 

 7   for us to think about that we have not done or 

 8   acted on yet.  

 9                And he closed with exactly one of 

10   the points I was trying to make.  We have not 

11   addressed the questions of liability in a world 

12   of autonomous vehicles.  So when the vehicle is 

13   driving itself and you're just sitting there -- 

14   and yes, we're not there yet, but in fact the 

15   definitions applied in the report of the -- 

16   sorry, this is not something that rolls off my 

17   tongue -- as defined in the SAE J3016, 

18   definitions and standards for autonomous vehicles 

19   for the country, it covers fully autonomous as 

20   well as the three examples we're using today.  

21                So when we're passing a law today, 

22   it would apply to any and all semiautonomous 

23   efforts or fully autonomous vehicles.  So we're 

24   making a decision today that impacts the future 

25   of autonomous vehicles, now and in the future.  


                                                               3830

 1                We haven't dealt with liability 

 2   questions or insurance questions.  So if there's 

 3   a hardware malfunction and someone gets hurt and 

 4   you don't have your hands on the wheel so you 

 5   can't jump to respond and take over control, it's 

 6   an excellent question who is liable and who is 

 7   responsible if someone else is hurt or killed by 

 8   the vehicle parking itself, adjusting itself, or 

 9   driving itself.  We haven't dealt with that in 

10   our insurance and our liability laws.

11                If there's a software malfunction, 

12   there's this great question out there in this 

13   industry, is it going to be the car manufacturer 

14   that's responsible when something goes wrong?  Is 

15   it the software company that sold the system to 

16   the car manufacturer to install?  Or is it just 

17   you, because you own the car?  But your hands 

18   aren't on the vehicle.  You're not even being 

19   expected to be focused on what's going on around 

20   you because you're no longer technically the 

21   driver, except that you're sitting up front.

22                What if somebody hacks the software, 

23   a third-party hacking of the software that 

24   results in dangerous outcomes and even the death 

25   of people?  What's the liability and the 


                                                               3831

 1   protection then?  Are we doing anything to ensure 

 2   the security of these systems not being able to 

 3   be hacked?  

 4                I met with some professors who 

 5   specialize in tort liability law and automobile 

 6   insurance and federal safety regulations.  One 

 7   from NYU, Mark Geistfeld, has written I think the 

 8   definitive research paper on it, and he points 

 9   out that states are going to have to confront all 

10   of these questions for themselves, and that most 

11   have not.  And New York has not.  Because this is 

12   frankly the only bill I'm seeing related to 

13   autonomous vehicles, and simply saying you can 

14   take your hand off the wheel and everything else 

15   will be fine is not actually the right answer, 

16   Mr. President.

17                And I also learned from talking to 

18   people that safety -- excuse me, Mr. President.  

19   It's a little noisy.

20                ACTING PRESIDENT GRIFFO:   Can I 

21   have some order, please.

22                SENATOR KRUEGER:   Thank you, 

23   Mr. President.

24                So the safety research by the 

25   Federal Transportation Commission over the years 


                                                               3832

 1   has shown that drivers who don't drive very often 

 2   are actually the worst drivers and have the worst 

 3   responses to emergency situations.  And think 

 4   about it.  That would make sense.  If you don't 

 5   drive a lot, you're probably not a great driver.  

 6   If you don't drive a lot, when something untold 

 7   happens and you have to have an emergency 

 8   reaction, your reactions probably aren't as good 

 9   because you're not driving very often.

10                The dilemma with autonomous vehicles 

11   is everybody will be a bad driver because 

12   everybody will just be sitting there letting the 

13   car do its thing, thinking it's not my problem, 

14   it's not my responsibility.

15                Meanwhile, the autonomous vehicle 

16   designers assume that you will jump in and 

17   respond.  They all specifically talk about making 

18   sure that the driver will have to take 

19   responsibility when something happens at the last 

20   second.

21                So we're setting ourselves up for 

22   what can be a much better future with autonomous 

23   vehicles -- and I even accept that when you look 

24   at research, if designed correctly and handled 

25   correctly, autonomous vehicles probably will 


                                                               3833

 1   result in overall better safety outcomes because 

 2   most vehicle accidents are human error, not 

 3   vehicle error.  I think we probably agree on 

 4   that.

 5                But I think we really need to think 

 6   this through.  And we need to deal with the 

 7   insurance questions for the State of New York, 

 8   the liability questions, and just the 

 9   common-sense questions of shouldn't you always 

10   have at least one hand on the wheel and be 

11   focused on needing to have an emergency reaction 

12   to something unexpected that happens even in an 

13   autonomous vehicle.  

14                I don't think requiring one hand on 

15   the wheel prevents anyone from going forward with 

16   efforts to expand this modern technology.  But I 

17   think it's just a common-sense safety approach to 

18   say, no, keep a hand on the wheel, because no one 

19   should believe that the future of autonomous 

20   vehicles means they will have no responsibility 

21   for what happens when they're driving that car.

22                Which is why I'm asking this house 

23   not to rush forward with this bill, but rather to 

24   wait to see an entire package of federal 

25   standards and protections and a robust discussion 


                                                               3834

 1   around insurance changes, liability, and 

 2   responsibility before we rush forward to expand 

 3   these vehicles in our state.

 4                I vote no, Mr. President.  Thank 

 5   you.

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Kaminsky.

 8                SENATOR KAMINSKY:   Would the 

 9   sponsor yield for several questions, please.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Robach, do you yield to a question?  

12                SENATOR ROBACH:   I certainly will.

13                SENATOR KAMINSKY:   Through you, 

14   Mr. President, I obviously thank the sponsor 

15   for --

16                ACTING PRESIDENT GRIFFO:   The 

17   chamber is getting a little noisy again.  I'd 

18   ask, if you're having conversations, please take 

19   it outside the chamber.

20                Senator Kaminsky, continue.

21                SENATOR KAMINSKY:   Thank you, 

22   Mr. President.  

23                I thank the sponsor for taking the 

24   lead on so many important transportation issues, 

25   especially this one, where I think he's trying to 


                                                               3835

 1   have New York lead the way in important 

 2   technology.  I just want to ask him some process 

 3   questions about this.  

 4                Can the sponsor please tell us 

 5   whether there were any public hearings about this 

 6   issue where experts or anyone related to 

 7   understanding of this issue gave testimony about 

 8   the implications of this bill?

 9                SENATOR ROBACH:   Certainly.  So I 

10   would almost make the argument this way, and I 

11   probably should have said this in my response to 

12   Senator Krueger.  All these features have to be 

13   vetted federally before they can even be sold in 

14   New York or any other state.

15                So there has been a lot of research, 

16   a lot of dialogue, a lot of talk, a lot of 

17   testing, a lot of things on safety features in 

18   cars since the beginning of time.  I think these 

19   are no different.  And I think the question that 

20   we can't ask, no matter how much testing there 

21   is -- which is valid, just like you have to go 

22   get your car inspected, but if your brakes fail, 

23   you know, you have to negotiate it and manage it 

24   regardless of what that feature is.  I don't 

25   think that's any different now in the process of 


                                                               3836

 1   that.

 2                And I would just end my remarks 

 3   with, again, the ultimate test, once it's been 

 4   deemed safe, is the marketplace if people want 

 5   those features.  And I would say that, you know, 

 6   84 percent of people say they would buy these 

 7   cars for those safety features that they want to 

 8   be able to operate like the rest of the country.  

 9   Which now in New York you can, but technically 

10   for that one feature, you're in violation of our 

11   law -- which made all the sense in the world when 

12   that safety feature is not engaged.

13                SENATOR KAMINSKY:   Will the sponsor 

14   continue to yield?  

15                SENATOR ROBACH:   Sure.

16                ACTING PRESIDENT GRIFFO:   The 

17   sponsor yields.

18                SENATOR KAMINSKY:   Thank you, 

19   Mr. President, the sponsor just referenced 

20   discussion, debate about this issue.  Has any of 

21   that taken place publicly within this building on 

22   this issue?

23                SENATOR ROBACH:   Well, outside of 

24   the -- we've certainly had it in the 

25   Transportation Committee.  We've had tests, we've 


                                                               3837

 1   had driving things, we've had things in the 

 2   Concourse, open to the public for people to drive 

 3   and test vehicles, different things like that.  

 4                If you're asking me did we have a 

 5   specific public hearing on what the federal 

 6   government said was okay in a safety feature, I 

 7   did not.

 8                SENATOR KAMINSKY:   Okay.  On the 

 9   bill, Mr. President.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Kaminsky on the bill.

12                SENATOR KAMINSKY:   So fellow 

13   colleagues, my issue is not with the bill or the 

14   sponsor's good-hearted efforts to improve our 

15   access to technology in the state, it's how we 

16   function as a legislature.  This is a really 

17   complex technical part of law where you cannot 

18   expect legislators to understand the benefits, 

19   the costs of autonomous vehicles, how they might 

20   work, interact with the VTL.  

21                There's a bill that's put in over 

22   the break in April, it's on transportation, eight 

23   days later it hits the floor and we're supposed 

24   to make complex decisions about a very important 

25   part of law that impacts our economy.  The bill 


                                                               3838

 1   memo says "Fiscal impact to be determined."  I 

 2   don't know what the AAA thinks about this.  

 3                There's a lot of important issues 

 4   here, and I just don't think we're functioning 

 5   properly as a legislature.  When was the last 

 6   time we marked up a bill in committee?  When was 

 7   the last time we brought in experts and had a 

 8   hearing about, you know, maybe not the top two or 

 9   three issues being talked about in our state, but 

10   regular mundane legislative issues that help us 

11   sift through the facts about what we're supposed 

12   to be doing here?  

13                So I'm left looking at this bill 

14   trying to figure out, you know, complex issues 

15   about technology.  I understand the sponsor 

16   probably doesn't think they're all complex, 

17   because this is his area of expertise.  But for 

18   the rest of us, I just don't think we're doing 

19   the people's work with the diligence that we 

20   should.  

21                And by the way, it only gets worse 

22   over the next few days.  We're going to be voting 

23   on 200, 300 things a day.  I dare you to go back 

24   and try to remember what you voted on and what 

25   those votes were for.  


                                                               3839

 1                This is not how we should be 

 2   operating.  And on a technically difficult bill 

 3   like this, we should have had the benefit of a 

 4   hearing on transportation, we should have had the 

 5   benefit of having more experts, understanding 

 6   this a little more, just putting a little more 

 7   thought and elbow grease into such an important 

 8   area.

 9                ACTING PRESIDENT GRIFFO:   Seeing 

10   and hearing no other Senator that wishes --

11                Senator Hoylman.

12                SENATOR HOYLMAN:   Thank you.  I 

13   rise also to comment on the fact that --

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Hoylman on the bill?  

16                SENATOR HOYLMAN:   Yes, 

17   Mr. President, on the bill.

18                I rise to point out that you had 

19   certainly big business weighing in on this bill.  

20   You had Volkswagen and General Motors and Toyota.  

21   You had a demonstration on the Concourse 

22   obviously sponsored by an automobile company.  

23   You had a sign out here outside of the Senate 

24   chamber that said "Accelerating the world to 

25   sustainable energy."  It was like a paid 


                                                               3840

 1   advertisement by Tesla.  

 2                First of all, I don't even know if 

 3   that's permissible, but it's certainly not 

 4   acceptable for us to do the business of industry 

 5   without allowing consumers, people, our 

 6   constituents to understand the implications for 

 7   our neighborhoods.  

 8                So I'll be voting in the negative.

 9                ACTING PRESIDENT GRIFFO:   Seeing 

10   and hearing no other Senator that wishes to be 

11   heard, debate is closed.  The Secretary will ring 

12   the bell.

13                Senator DeFrancisco, why do you 

14   rise?

15                SENATOR DeFRANCISCO:   By unanimous 

16   consent, I'd request that we go back to the 

17   noncontroversial reading of that bill.

18                ACTING PRESIDENT GRIFFO:   Without 

19   objection, we will revert back to the 

20   noncontroversial reading of the bill, and the 

21   Secretary will read the last section.  

22                Before we do that, I want to extend 

23   a very happy birthday to one of our colleagues 

24   today, Senator Kathy Marchione, and extend her 

25   our best wishes.


                                                               3841

 1                (Applause.)

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read the last section.  

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the first of November.

 6                ACTING PRESIDENT GRIFFO:   Call the 

 7   roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Lanza to explain his vote.

11                SENATOR LANZA:   Thank you, 

12   Mr. President, to explain my vote.  

13                You know, I listened to the debate; 

14   I want to thank the sponsor, Senator Robach, for 

15   bringing this legislation to the floor to bring 

16   New York State into this century.  It's sad.  I 

17   can't believe that we are the last state in the 

18   union to embrace technology.  That should not be 

19   the way of the Empire State.  

20                And listening to my colleagues and 

21   all their great concern about the safety of these 

22   vehicles, I'm sure they're all aware that there 

23   are dealerships in Manhattan for years selling 

24   these cars and promoting these cars, and that 

25   they're being bought by our constituents around 


                                                               3842

 1   the state every day of the year, not just this 

 2   year but last year and the year before.  

 3                If there was such great concern for 

 4   the safety of these vehicles -- I checked with my 

 5   staff, I asked if there was any member of this 

 6   body that has submitted legislation to prohibit 

 7   the sale of these vehicles in the State of 

 8   New York.  Shockingly, the answer is no, not one.  

 9   Not one member from across the aisle or this side 

10   of the aisle has put in legislation that would 

11   say, Hey, these cars are dangerous, we have these 

12   grave concerns, we'd like to have hearings.  And 

13   in the meantime, we shouldn't allow our citizens 

14   to buy these cars.  But not a bill like that, 

15   because I think this is more posturing than 

16   anything else.  

17                Senator Robach, thank you for 

18   allowing New York State to embrace technology 

19   that is going to make -- that is going to make 

20   the drivers in this state safer, not less safe.  

21                I vote aye.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Lanza in the affirmative.

24                Senator Krueger to explain her vote.

25                SENATOR KRUEGER:   Thank you, 


                                                               3843

 1   Mr. President.  

 2                I think I've already explained why 

 3   I'm voting no.  I just wanted to clarify, given 

 4   my colleague's response.  I said nothing about 

 5   outlawing the cars that are being sold in the 

 6   state now.  I said nothing about putting limits 

 7   on other cars that might be showing up any 

 8   minute.  I said keep one hand on the steering 

 9   wheel.  We have a lot of things to figure out.  

10   Nothing about anyone not being allowed to 

11   purchase cars that are legally allowed to be sold 

12   in New York.  

13                And we're not the last state, there 

14   are several other states that still have a 

15   hand-on-the-steering-wheel policy.  

16                Thank you, Mr. President.  I remain 

17   no.

18                ACTING PRESIDENT GRIFFO:   Senator 

19   Krueger in the negative.

20                Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar 957, those recorded in the negative are 

23   Senators Avella, Hoylman, Kavanagh, Krueger, 

24   Rivera, Sanders and Serrano.  

25                Ayes, 53.  Nays, 7.


                                                               3844

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                Senator DeFrancisco, that completes 

 4   the controversial -- now not-controversial 

 5   reading of the remaining bills on the active 

 6   list.

 7                SENATOR DeFRANCISCO:   It's the 

 8   noncontroversial reading of the controversial 

 9   calendar, is that what you said?  

10                (Laughter.)

11                SENATOR DeFRANCISCO:   In any event, 

12   is there any further business at the desk?

13                ACTING PRESIDENT GRIFFO:   Nothing 

14   but goodwill and good cheer.

15                SENATOR DeFRANCISCO:   Good.  In 

16   that case, I move to adjourn until Thursday, 

17   June 14th, at 11:00 a.m.

18                ACTING PRESIDENT GRIFFO:   On 

19   motion, the Senate will stand adjourned until 

20   Thursday, June 14th, at 11:00 a.m. 

21                The Senate is adjourned.

22                (Whereupon, at 6:19 p.m., the Senate 

23   adjourned.)

24

25