Regular Session - June 24, 2015
5052
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 24, 2015
11 4:39 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
5053
1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask all present to please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I would everyone to please
11 bow their head in a moment of silent prayer.
12 And as we reflect today, let's
13 remember Ecclesiastes, Chapter 7, Verse 8:
14 Better is the end of a thing than the beginning
15 thereof.
16 (Laughter.)
17 ACTING PRESIDENT GRIFFO: The
18 reading of the Journal.
19 THE SECRETARY: In Senate,
20 Tuesday, June 23rd, the Senate met pursuant to
21 adjournment. The Journal of Monday, June 22nd,
22 was read and approved. On motion, Senate
23 adjourned.
24 ACTING PRESIDENT GRIFFO: Without
25 objection, the Journal stands approved as read.
5054
1 Presentation of petitions.
2 I have to ask for some order in the
3 house because we have a number of substitutions,
4 I believe, and messages from the Assembly.
5 The Secretary will read.
6 THE SECRETARY: On page 7, Senator
7 Young moves to discharge, from the Committee on
8 Rules, Assembly Bill Number 2362 and substitute
9 it for the identical Senate Bill Number 4193,
10 Third Reading Calendar 243.
11 On page 9, Senator Flanagan moves
12 to discharge, from the Committee on Rules,
13 Assembly Bill Number 7315 and substitute it for
14 the identical Senate Bill Number 4187A,
15 Third Reading Calendar 300.
16 On page 11, Senator Libous moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 796 and substitute it for
19 the identical Senate Bill Number 2931,
20 Third Reading Calendar 407.
21 On page 18, Senator Martins moves
22 to discharge, from the Committee on Rules,
23 Assembly Bill Number 3390A and substitute it for
24 the identical Senate Bill Number 4402A,
25 Third Reading Calendar 682.
5055
1 On page 19, Senator Carlucci moves
2 to discharge, from the Committee on Rules,
3 Assembly Bill Number 2122A and substitute it for
4 the identical Senate Bill Number 4266A, Third
5 Reading Calendar 723.
6 On page 19, Senator Hannon moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 7427A and substitute it for
9 the identical Senate Bill Number 5170A, Third
10 Reading Calendar 825.
11 On page 21, Senator Latimer moves
12 to discharge, from the Committee on Rules,
13 Assembly Bill Number 2761B and substitute it for
14 the identical Senate Bill Number 4166C, Third
15 Reading Calendar 1001.
16 On page 21, Senator Gallivan moves
17 to discharge, from the Committee on Rules,
18 Assembly Bill Number 2458A and substitute it for
19 the identical Senate Bill Number 71A, Third
20 Reading Calendar 1011.
21 On page 22, Senator Flanagan moves
22 to discharge, from the Committee on Rules,
23 Assembly Bill Number 3057A and substitute it for
24 the identical Senate Bill Number 2696A, Third
25 Reading Calendar 1032.
5056
1 On page 24, Senator Amedore moves to
2 discharge, from the Committee on Rules,
3 Assembly Bill Number 7753 and substitute it for
4 the identical Senate Bill Number 4975, Third
5 Reading Calendar 1109.
6 On page 27, Senator Kennedy moves to
7 discharge, from the Committee on Judiciary,
8 Assembly Bill Number 2026 and substitute it for
9 the identical Senate Bill Number 2152, Third
10 Reading Calendar 1226.
11 On page 27, Senator Bonacic moves to
12 discharge, from the Committee on Rules,
13 Assembly Bill Number 7645 and substitute it for
14 the identical Senate Bill Number 5678,
15 Third Reading Calendar 1228.
16 On page 27, Senator Marchione moves
17 to discharge, from the Committee on Finance,
18 Assembly Bill Number 2778 and substitute it for
19 the identical Senate Bill Number 1081, Third
20 Reading Calendar 1257.
21 On page 32, Senator Gallivan moves
22 to discharge, from the Committee on Rules,
23 Assembly Bill Number 8177B and substitute it for
24 the identical Senate Bill Number 5854B, Third
25 Reading Calendar 1728.
5057
1 And on page 32, Senator Lanza moves
2 to discharge, from the Committee on Rules,
3 Assembly Bill Number 5317B and substitute it for
4 the identical Senate Bill Number 5893B, Third
5 Reading Calendar 1743.
6 ACTING PRESIDENT GRIFFO: The
7 substitutions are so ordered as read and
8 presented.
9 Messages from the Governor.
10 Reports of standing committees.
11 Report of select committees.
12 Communications and reports of state
13 officers.
14 Motions and resolutions.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: First, an
17 observation.
18 ACTING PRESIDENT GRIFFO: Yes.
19 SENATOR DeFRANCISCO: Whether the
20 end of a thing is better than the beginning of
21 the thing depends upon what the thing is.
22 (Laughter.)
23 SENATOR DeFRANCISCO: And that's
24 from Senator DeFrancisco, Verses 1 through 5.
25 (Laughter.)
5058
1 SENATOR DeFRANCISCO: Back to
2 motions and resolutions.
3 I wish to call up Senator Venditto's
4 bill at the desk, Senate Print Number 3822,
5 recalled from the Assembly, which is now at the
6 desk.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 231, by Senator Venditto, Senate Print 3822, an
11 act to amend the Criminal Procedure Law.
12 SENATOR DeFRANCISCO: I now move to
13 reconsider the vote by which the bill was passed.
14 ACTING PRESIDENT GRIFFO: Call the
15 roll on reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 SENATOR DeFRANCISCO: I now offer
19 the following amendments.
20 ACTING PRESIDENT GRIFFO: The
21 amendments are received.
22 SENATOR DeFRANCISCO: Also at this
23 time I'd like to hand up some committee
24 assignments.
25 ACTING PRESIDENT GRIFFO: The
5059
1 committee assignments are received and they shall
2 be filed in the Journal.
3 SENATOR DeFRANCISCO: All right,
4 now if we could please go to the noncontroversial
5 reading of the active list for today.
6 ACTING PRESIDENT GRIFFO: Okay.
7 The Secretary will read the noncontroversial
8 reading of today's active list.
9 THE SECRETARY: Calendar Number
10 243, substituted earlier by Member of the
11 Assembly Brindisi, Assembly Print Number 2362, an
12 act to amend the Executive 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 ACTING PRESIDENT GRIFFO: Can you
21 raise your hands again if you're in the negative.
22 Calendar Number 243, announce the
23 results.
24 THE SECRETARY: In relation to
25 Calendar 243, those recorded in the negative are
5060
1 Senators Martins, Panepinto and Ranzenhofer.
2 Ayes, 57. Nays, 3.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 300, substituted earlier by Member of the
7 Assembly Thiele, Assembly Print Number 7315, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT GRIFFO: Read the
10 last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the first of November.
13 ACTING PRESIDENT GRIFFO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59. Nays, 1.
17 Senator Ranzenhofer recorded in the negative.
18 ACTING PRESIDENT GRIFFO: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 407, substituted earlier by Member of the
22 Assembly Braunstein, Assembly Print Number 796,
23 an act to amend the State Finance Law.
24 ACTING PRESIDENT GRIFFO: Read the
25 last section.
5061
1 THE SECRETARY: Section 4. This
2 act shall take effect on the 30th day.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT GRIFFO: Will
7 those in the negative please raise your hand.
8 (Pause.)
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will announce the results.
11 SENATOR GIANARIS: Mr. President.
12 ACTING PRESIDENT GRIFFO: Senator
13 Gianaris, why do you rise?
14 SENATOR GIANARIS: Never mind,
15 Mr. President. Thank you.
16 (Laughter.)
17 ACTING PRESIDENT GRIFFO: I hope
18 you stretched well.
19 The Secretary will announce the
20 results.
21 THE SECRETARY: In relation to
22 Calendar 407, those recorded in the negative are
23 Senators Avella, Breslin, Carlucci, Comrie, Díaz,
24 Dilan, Espaillat, Gianaris, Hamilton,
25 Hassell-Thompson, Hoylman, Kennedy, Klein,
5062
1 Krueger, Latimer, Montgomery, Panepinto, Parker,
2 Peralta, Perkins, Rivera, Sanders, Savino,
3 Serrano, Squadron, Stavisky, Stewart-Cousins and
4 Valesky.
5 Ayes, 32. Nays, 28.
6 ACTING PRESIDENT GRIFFO: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 606, by Senator O'Mara, Senate Print 1151, an act
10 to amend the General Municipal Law.
11 ACTING PRESIDENT GRIFFO: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 120th day.
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 is passed.
21 THE SECRETARY: Calendar Number
22 635, by Senator Golden, Senate Print --
23 SENATOR DeFRANCISCO: Lay it aside
24 temporarily, please.
25 ACTING PRESIDENT GRIFFO: The bill
5063
1 will be laid aside temporarily.
2 THE SECRETARY: Calendar Number
3 682, substituted earlier by Member of the
4 Assembly Titone, Assembly Print Number 3390A, an
5 act to amend the Workers' Compensation Law.
6 ACTING PRESIDENT GRIFFO: The
7 Secretary will read the 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 ACTING PRESIDENT GRIFFO: Announce
14 the results.
15 THE SECRETARY: In relation to
16 Calendar 682, those recorded in the negative are
17 Senators Breslin, Comrie, Díaz, Dilan, Espaillat,
18 Gianaris, Hoylman, Latimer, Parker, Peralta,
19 Perkins, Rivera, Sanders, Serrano, Squadron,
20 Stavisky and Stewart-Cousins.
21 Ayes, 43. Nays, 17.
22 ACTING PRESIDENT GRIFFO: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 723, substituted earlier by Member of the
5064
1 Assembly Jaffee, Assembly Print Number 2122A, an
2 act relating to the transfer.
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 is passed.
13 THE SECRETARY: Calendar Number
14 825, substituted earlier by Member of the
15 Assembly Cusick, Assembly Print Number 7427A, an
16 act to amend the Public Health Law.
17 SENATOR GIANARIS: Lay it aside.
18 ACTING PRESIDENT GRIFFO: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 826, by Senator Hannon, Senate Print 5313, an act
22 to amend the Public Health Law.
23 ACTING PRESIDENT GRIFFO: Read the
24 last section.
25 THE SECRETARY: Section 5. This
5065
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, 59. Nays, 1.
6 Senator Felder recorded in the negative.
7 ACTING PRESIDENT GRIFFO: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 948, by Senator Golden, Senate Print 4072, an act
11 to amend the Penal Law.
12 ACTING PRESIDENT GRIFFO: Read the
13 last section.
14 THE SECRETARY: Section 40. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT GRIFFO: Announce
20 the results.
21 THE SECRETARY: Ayes, 59. Nays, 1.
22 Senator Perkins recorded in the negative.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
5066
1 1001, substituted earlier by Member of the
2 Assembly Mayer, Assembly Print 2761B, an act to
3 amend the Penal Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 2. 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 THE SECRETARY: Ayes, 59. Nays, 1.
12 Senator Perkins recorded in the negative.
13 ACTING PRESIDENT GRIFFO: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1011, substituted earlier by Member of the
17 Assembly Bronson, Assembly Print Number 2458A, an
18 act to amend the Public Service 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.)
5067
1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT GRIFFO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1032, substituted earlier by Member of the
6 Assembly Morelle, Assembly Print 3057A, an act to
7 amend the General Business Law.
8 ACTING PRESIDENT GRIFFO: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect January 1, 2017.
12 ACTING PRESIDENT GRIFFO: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1109, substituted earlier by Member of the
20 Assembly Morelle, Assembly Print 7753, an act to
21 amend the Labor Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect on the first of January.
5068
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT GRIFFO: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 1109, those recorded in the negative are
8 Senators Comrie, Dilan, Espaillat, Gianaris,
9 Hamilton, Hoylman, Kennedy, Krueger, Montgomery,
10 Panepinto, Parker, Peralta, Perkins, Rivera,
11 Sanders, Serrano, Squadron and Stavisky.
12 ACTING PRESIDENT GRIFFO: In the
13 negative, please raise your hands.
14 The Secretary will reannounce the
15 results.
16 THE SECRETARY: Those recorded in
17 the negative are Senators Comrie, Dilan,
18 Espaillat, Gianaris, Hamilton, Hoylman, Kennedy,
19 Krueger, Montgomery, Panepinto, Parker, Peralta,
20 Perkins, Rivera, Sanders, Serrano, Squadron and
21 Stavisky.
22 Ayes, 42. Nays, 18.
23 ACTING PRESIDENT GRIFFO: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
5069
1 1111, by Senator Martins, Senate Print 5274, an
2 act to amend the Labor Law.
3 ACTING PRESIDENT GRIFFO: Read the
4 last section.
5 THE SECRETARY: Section 5. 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: Announce
12 the results again.
13 THE SECRETARY: In relation to
14 Calendar 1111: Ayes, 59. Nays, 1. Senator
15 Peralta recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1226, substituted earlier by Member of the
20 Assembly Ryan, Assembly Print 2026, an act to
21 amend the General Obligations Law.
22 ACTING PRESIDENT GRIFFO: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5070
1 ACTING PRESIDENT GRIFFO: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT GRIFFO: Senator
5 Kennedy to explain his vote.
6 SENATOR KENNEDY: Thank you,
7 Mr. President.
8 I rise today on this important piece
9 of legislation that will help provide greater
10 financial security to the families who have lost
11 loved ones to vicious acts of terror.
12 These families have already suffered
13 the ultimate heartbreak at the hands of callous
14 extremists. And when it boils down to it, no
15 financial settlement can ever equate to the pain
16 that they've suffered. But we need to do our
17 part to make sure that they're receiving what's
18 rightfully theirs and help to give them some
19 sense of comfort in their time of grief.
20 So many Americans search for ways to
21 help after witnessing terrorist attacks on our
22 nation, and it's our responsibility to make sure
23 we're doing everything we can to facilitate that
24 aid.
25 With this bill annuity insurers can
5071
1 structure settlements granted to families of
2 victims of terrorist attacks and do so pro bono
3 if they choose, providing a greater payout to
4 these families. Currently they're not able to do
5 so under state law, and they may risk losing
6 their licenses if they do so.
7 We've already granted this type of
8 waiver to families of the victims of 9/11. But
9 sadly, there's many more cases when this kind of
10 waiver could be useful -- cases like the Boston
11 marathon bombing, the 1993 World Trade Center
12 bombing, or the story that's made headlines
13 lately in Washington, the Beirut bombing of 1983.
14 While the families of the 241
15 Americans who were killed in the bombing of a
16 Marine Corps barracks in Lebanon wait for the
17 U.S. Supreme Court decision on a potentially
18 $1.75 billion settlement from the Bank of Iran,
19 I'm proud that the New York State Senate is doing
20 our part to ensure that these families get every
21 single penny that they rightfully deserve.
22 There are several of our colleagues
23 whose input and support was essential in this
24 process. I'd like to thank Senator Bonacic,
25 Senator Nozzolio, Senator Gallivan, Senator
5072
1 Klein, Senator Flanagan, and of course my leader,
2 Senator Andrea Stewart-Cousins, for their help in
3 bringing this important bill to the floor today.
4 And I'm confident Governor Cuomo
5 will swiftly sign this bill into law to help
6 these grieving families.
7 Thank you, Mr. President. I vote
8 aye.
9 ACTING PRESIDENT GRIFFO: Senator
10 Kennedy to be recorded in the affirmative.
11 Senator Croci to explain his vote.
12 SENATOR CROCI: Thank you,
13 Mr. President.
14 I do want to compliment my
15 colleague, the sponsor, for this important
16 legislation. And it is very important that we
17 take care of the families who have been victims
18 in the terrorist attacks on the United States.
19 But it should not in any way
20 abrogate our responsibilities as the upper house
21 of this state to do everything we can, and in
22 some cases to lead the executive branch and the
23 lower house of this state, to take every possible
24 step to prevent a terrorist attack so that other
25 families will not have to endure the hardships
5073
1 and the tragedies that we have seen in all of the
2 terrorist attacks on the United States.
3 We have an opportunity to take those
4 steps now. As not only elected officials in this
5 body but elected leaders of our communities, our
6 most profound responsibility is the protection of
7 our communities. No community, no state was more
8 deeply wounded on September 11, 2001, than the
9 communities of the New York. And so we have an
10 even greater responsibility to do so.
11 I compliment my colleague on this
12 important piece of legislation, and I look
13 forward to even greater efforts to make sure that
14 we prevent the kind of attacks that have so
15 deeply wounded our nation.
16 Thank you. I vote aye.
17 ACTING PRESIDENT GRIFFO: Senator
18 Croci to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT GRIFFO: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1228, substituted earlier by Member of the
25 Assembly Weinstein, Assembly Print Number 7645,
5074
1 an act to amend the Domestic Relations Law.
2 ACTING PRESIDENT GRIFFO: Read the
3 last section.
4 THE SECRETARY: Section 8. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT GRIFFO: Call the
7 roll removal R.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT GRIFFO: Senator
10 Bonacic to explain his vote.
11 SENATOR BONACIC: Thank you,
12 Mr. President.
13 This will is a very important and
14 significant piece of legislation. Back in 2010,
15 when Senator Ruth Hassell-Thompson was chairwoman
16 of Judiciary, the no-fault divorce law was passed
17 in the State of New York. We were the last state
18 to do it.
19 And at the time we realized, as
20 members of the Judiciary Committee, that we had
21 to revisit the cap of which the parties would
22 have to pay spousal maintenance, both before a
23 divorce and after a divorce.
24 So what happened was that there were
25 about three years of matrimonial experience, what
5075
1 was going on in the courts. And the Law Revision
2 Commission back in 2013 issued a report and said
3 something has to be done, because the courts were
4 getting congested with matrimonial actions.
5 Because the cap was so high -- and
6 when I say the cap was so high, it's that there
7 was 19 considerations where a judge could
8 determine how much support traditionally the
9 breadwinner, the man, would pay the wife. And
10 because of that big spread, many lawyers both
11 were skeptical, whether they were representing
12 the man or the woman, and did not come to court
13 too quickly because they didn't know what to
14 expect.
15 In 2014, Senator Thompson and I had
16 legislative hearings, and we asked all the
17 stakeholders in the State of New York that worked
18 on matrimonials -- the Bar Association, the
19 women's bar, the judges, all the women's groups.
20 We heard testimony.
21 And finally, as a result of that
22 consensus that came from all of the stakeholders,
23 from the bottom up to us, there was an agreement
24 by all of the parties except the magistrates.
25 And I didn't count that too much because the
5076
1 magistrates are not a court of record.
2 So from now on, through Family
3 Court, Supreme Court, no matter what court you
4 choose to go in, when you're talking about
5 spousal maintenance -- nothing to do with child
6 support -- before a divorce and after a divorce,
7 there's going to be guidelines, stricter
8 guidelines.
9 The cap has been reduced to
10 $175,000. So wherever the payor -- let's say,
11 for the most part, the husband. It could be the
12 wife, but let's say it's the husband -- is making
13 $175,000 or less, there is a formula in place
14 that will bring clarity and predictability to the
15 amount of spousal support. And that was
16 extremely important. It will take care of
17 94 percent of all the divorce actions that come
18 before our judges.
19 And again, I want to single out
20 Ruth Hassell-Thompson, who was always committed
21 to working on this issue, from when we started to
22 where we are today.
23 Now, those actions where the payor
24 is above $175,000, 6 percent of the actions, that
25 will be still subject to 19 considerations where
5077
1 a judge will make determinations -- durability of
2 the marriage, earning capacity, the health of
3 each spouse, and I can go on and on and on. But
4 there a judge would use his discretion above the
5 cap.
6 So this is monumental. We thought
7 this affects many people's lives. Judge
8 Sunshine, who brought all the groups together,
9 was a strong factor in bringing consensus, so we
10 congratulate him for that.
11 And the other thing I may add, when
12 one gets divorced, spousal maintenance or
13 alimony, as we know it, ends. That's not the
14 case today under current law, but it will be once
15 this passes. It's already passed the Assembly.
16 It will pass today. And I thank all my
17 colleagues for their support. It was a long
18 journey to get here from 2010.
19 Thank you, Mr. President. I vote
20 aye.
21 ACTING PRESIDENT GRIFFO: Senator
22 Bonacic to be recorded in the affirmative.
23 Senator Hassell-Thompson to explain
24 her vote.
25 SENATOR HASSELL-THOMPSON: Thank
5078
1 you, Mr. President.
2 There's very little left to say;
3 thank you, Senator Bonacic. Except that I want
4 to thank you for not only the work that you
5 conscientiously put into this, but for continuing
6 to allow me to share in the passage of this
7 legislation and to participate in every way
8 fully, even though I am in the minority. I think
9 it's very rare that that happens in this chamber.
10 I wish it happened more. But I have a great
11 appreciation and respect for you, and
12 particularly more so since the work that you
13 allowed me to continue to -- you know, my input
14 into this bill.
15 The other thing is that I want to
16 thank all of our colleagues that signed on and
17 were patient while this was being negotiated.
18 There were a lot of people who didn't think that
19 this was going to happen. They were very
20 disappointed because they thought that we would
21 never get a good maintenance bill.
22 But I think that as you have
23 explained, all of the people who have a vested
24 interest in this came together finally and put
25 all their differences in the pot and came out
5079
1 with something that I think that all of us can
2 now live with.
3 So I'm very proud of the legislation
4 that we did, and particularly because of the
5 people who will be most adversely affected were
6 it not so. And again, Mr. President, I want to
7 thank you -- through you, Mr. President, I want
8 to thank Senator Bonacic for his support of me
9 throughout this entire process.
10 ACTING PRESIDENT GRIFFO: Senator
11 Hassell-Thompson to be recorded in the
12 affirmative.
13 Announce the results.
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT GRIFFO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1257, substituted earlier by Member of the
19 Assembly McDonald, Assembly Print Number 2778, an
20 act to amend the Agriculture and Markets Law.
21 ACTING PRESIDENT GRIFFO: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call the
5080
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT GRIFFO: Senator
4 Marchione to explain her vote.
5 SENATOR MARCHIONE: Thank you,
6 Mr. President.
7 I just would like to talk about this
8 bill a little bit. You know, the purpose of it
9 is that it authorizes up to 20 percent of the
10 New York State Animal Population Control Fund to
11 be used for trapping, neutering, spaying and
12 releasing feral cats. It does not mandate that
13 municipalities or entities have to embark upon a
14 TNR program. It doesn't state that if
15 municipalities or entities have a different way
16 of handling feral cats, that they can't continue
17 to do that.
18 It simply allows up to 20 percent of
19 this fund to be able to be used for TNR, which in
20 my mind is a proven way of handling feral cats.
21 Here are some statistics. In
22 Buffalo, TNR reduced a feral cat population at
23 Ralph Wilson Stadium by 90 percent. In Syracuse,
24 TNR reduced the feral cat population by almost
25 35 percent.
5081
1 In New York City, the euthanasia
2 rate was 32,000 in 2003. With TNR over this time
3 period, in 2013 the euthanasia rate dropped to
4 6,000. There has been a 30 percent decline in
5 population across the city's 2,000 feral cat
6 colonies since TNR was implemented in each.
7 TNR programs have been operating in
8 New York State for over 30 years. This simply
9 allows the administrator of the New York State
10 Animal Population Control Fund, the ASPCA, to
11 offer another program to handle this concern.
12 You know, in my district the reason
13 that I even became a sponsor of this bill is I
14 had some farmers who would tell me they used to
15 try to take the cats and have them spayed and
16 then return them, and it's just getting too
17 expensive for them. And that's the method that
18 they would prefer to use.
19 So, Mr. President, for all of those
20 reasons, I vote aye.
21 ACTING PRESIDENT GRIFFO: Senator
22 Marchione to be recorded in the affirmative.
23 Senator Hoylman to explain his vote.
24 SENATOR HOYLMAN: Thank you,
25 Mr. President.
5082
1 I rise to support the Senator's bill
2 and want to thank her for her leadership and
3 those compelling statistics on how the trap,
4 neuter and release program actually reduces the
5 number of feral cats.
6 I did want to raise a couple of
7 concerns about the bill which have to do with
8 endangered birds -- in particular, one bird,
9 which is evocative of the problem. It's called
10 the piper plover, and there are only about 200 of
11 them left, and they live on sandy beaches in
12 Long Island and Queens. And the problem with the
13 way they inhabit these beaches is that they nest
14 on shells and are very vulnerable to feral cats
15 attacking them.
16 And we need to at the same time
17 Mr. President, as we move forward with this
18 legislation that will humanely reduce the feral
19 cat population, look at ways that we can provide
20 more money in protecting birds and other
21 endangered species from feral cats.
22 So I'll be voting in the positive
23 and thank again the Senator for her leadership.
24 Thank you, Mr. President.
25 ACTING PRESIDENT GRIFFO: Senator
5083
1 Hoylman to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar 1257, those recorded in the negative are
5 Senators Avella, Bonacic, Carlucci, DeFrancisco,
6 Flanagan, Griffo, Little, Marcellino, Seward and
7 Valesky. Also Senator Funke. Also Senator
8 Hassell-Thompson.
9 Ayes, 48. Nays, 12.
10 ACTING PRESIDENT GRIFFO: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1289, by Senator Amedore, Senate Print 5315A, an
14 act to authorize.
15 ACTING PRESIDENT GRIFFO: Read the
16 last section.
17 THE SECRETARY: Section 9 --
18 SENATOR DeFRANCISCO: Lay it aside
19 for the day, please.
20 ACTING PRESIDENT GRIFFO: Lay the
21 bill aside for the day.
22 THE SECRETARY: Calendar Number
23 1728, substituted earlier by Member of the
24 Assembly DiPietro, Assembly Print 8177B, an act
25 to amend the Highway Law.
5084
1 ACTING PRESIDENT GRIFFO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT GRIFFO: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT GRIFFO: Announce
9 the results.
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT GRIFFO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1729, by Senator Marchione, Senate Print 5857A,
15 an act to authorize.
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. Nays, 2.
24 Senators Bonacic and Larkin recorded in the
25 negative.
5085
1 ACTING PRESIDENT GRIFFO: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1743, substituted earlier by Member of the
5 Assembly Braunstein, Assembly Print Number 5317B,
6 an act to amend the General Business Law.
7 ACTING PRESIDENT GRIFFO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT GRIFFO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59. Nays, 1.
15 Senator Seward recorded in the negative.
16 ACTING PRESIDENT GRIFFO: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1849, by Senator Robach, Senate Print 5987, an
20 act to amend a chapter 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 on the same date and in the
25 same manner as a chapter of the Laws of 2015.
5086
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 is passed.
7 THE SECRETARY: Calendar Number
8 1871, by the Senate Committee on Rules,
9 Senate Print 5963, an act to amend the
10 Executive Law.
11 SENATOR GIANARIS: Lay it aside.
12 ACTING PRESIDENT GRIFFO: Lay the
13 bill aside.
14 Senator DeFrancisco, that completes
15 the noncontroversial reading of today's
16 active-list calendar.
17 SENATOR DeFRANCISCO: Yes, could we
18 now go to the controversial reading and take up
19 Calendar Number 825, by Senator Hannon.
20 ACTING PRESIDENT GRIFFO: We're
21 going to go to the controversial calendar. The
22 Secretary will ring the bell.
23 The Secretary will read Calendar
24 Number 825, by Senator Hannon.
25 THE SECRETARY: Calendar Number
5087
1 825, substituted earlier by Member of the
2 Assembly Cusick, Assembly Print Number 7427A, an
3 act to amend the Public Health Law.
4 ACTING PRESIDENT GRIFFO: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT GRIFFO: The
9 debate is closed, seeing no Senator that wishes
10 to be heard.
11 The last section has been read.
12 Call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT GRIFFO: The bell
15 has been rung.
16 Read the 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: In relation to
23 Calendar 825, those recorded in the negative are
24 Senators Díaz and Seward.
25 Absent from voting: Senator
5088
1 Sampson.
2 Ayes, 58. Nays, 2.
3 ACTING PRESIDENT GRIFFO: The bill
4 is passed.
5 And that completes the controversial
6 reading of Calendar Number 825, Senator
7 DeFrancisco.
8 SENATOR DeFRANCISCO: Thank you.
9 I would like to now call for an
10 immediate meeting of the Investigations and
11 Government Operations Committee, followed by the
12 Finance Committee, which I'll announce at the
13 time the Investigations Committee is done. And
14 that meeting will be in Room 332.
15 Until both meetings are done, we'll
16 be at ease.
17 ACTING PRESIDENT GRIFFO: There
18 will be an immediate meeting of the Senate
19 Committee on Investigations and Government
20 Operations in Room 332, an immediate meeting of
21 the Senate Committee on Investigations and
22 Government Operations in Room 332.
23 That will be followed by a meeting
24 of the Senate Committee on Finance, also in
25 Room 332, which will be called upon the
5089
1 completion of the meeting of the Senate Committee
2 on Investigations and Government Operations.
3 The Senate will stand at ease.
4 (Whereupon, the Senate stood at ease
5 at 5:22 p.m.)
6 (Whereupon, the Senate reconvened at
7 5:48 p.m.)
8 ACTING PRESIDENT GRIFFO: The
9 Senate will come to order.
10 Senator DeFrancisco.
11 SENATOR DeFRANCISCO: It's my
12 understanding that the meeting of the
13 Investigations and Government Operations
14 Committee is completed. And we're now going to
15 call the Finance Committee meeting in Room 332,
16 and stay at ease until we get back.
17 ACTING PRESIDENT GRIFFO: There is
18 an immediate meeting of the Senate Finance
19 Committee in Room 332. All members of the Senate
20 Finance Committee, please report to Room 332.
21 The Senate is at ease.
22 (Whereupon, the Senate stood at ease
23 at 5:48 p.m.)
24 (Whereupon, the Senate reconvened at
25 6:48 p.m.)
5090
1 ACTING PRESIDENT GRIFFO: The
2 Senate will come to order.
3 SENATOR DeFRANCISCO: It's my
4 understanding that you have a report from the
5 Finance Committee at the desk.
6 ACTING PRESIDENT GRIFFO: There is
7 a report of the Finance Committee at the desk.
8 The Secretary will read.
9 THE SECRETARY: Senator
10 DeFrancisco, from the Committee on Finance,
11 reports the following nominations.
12 As commissioner and chairman of the
13 State Liquor Authority, Vincent Bradley, Jr., of
14 Kingston.
15 SENATOR DeFRANCISCO: I move the
16 nomination.
17 ACTING PRESIDENT GRIFFO: The
18 nomination has been moved. All in favor of
19 Vincent Bradley as chairman and commissioner of
20 the State Liquor Authority, signify by saying
21 aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT GRIFFO: Opposed?
24 (No response.)
25 ACTING PRESIDENT GRIFFO: Vincent
5091
1 Bradley, Jr., has been confirmed as chairman and
2 commissioner of the New York State Liquor
3 Authority.
4 Congratulations, Mr. Bradley, and
5 good luck.
6 (Applause.)
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: As chairman and
10 chief executive officer of the Metropolitan
11 Transportation Authority, Thomas Prendergast, of
12 Brewster.
13 SENATOR DeFRANCISCO: Before moving
14 the nomination, I want to apologize to the two
15 nominees that are appearing.
16 Everyone is moving today, as fast as
17 we can, to get through these last days of
18 session, hopefully the last day of session. So
19 we apologize that we don't have a lot of fine
20 words.
21 But for both of you, you definitely
22 were clearly well-qualified and unanimously went
23 through all the committees. And we appreciate
24 your being willing to serve. Great nominations
25 by the Governor.
5092
1 With that said, I now move the
2 nomination of Mr. Prendergast.
3 ACTING PRESIDENT GRIFFO: Senator
4 Robach.
5 SENATOR ROBACH: Yes, very
6 expeditiously, Mr. President. Let me rise to
7 support this nomination.
8 He has a record that obviously
9 speaks for itself; he's been doing that job. And
10 it is a big system, for anyone who's ever ridden
11 it. Between the subway and the buses and
12 everything, I believe the number is they move a
13 quarter -- or three-quarters, excuse me, of the
14 people moved by train in our whole nation are
15 done by the MTA. And that in itself is a
16 monumental job.
17 But they really keep one of the most
18 vibrant cities in our state and in our nation
19 moving, and he's done that very, very well.
20 And I would just say in addition to
21 reaching out to all the members and being
22 accessible, not only in state government but
23 local government, I would just say under
24 Mr. Prendergast's leadership I also greatly,
25 greatly appreciate the integrated system and
5093
1 trying to use New York vendors for everything
2 associated with transportation when humanly
3 possible, amplifying those transportation
4 dollars.
5 So very happy to support this
6 nomination and look forward to working with
7 Mr. Prendergast and the entire MTA.
8 Thank you.
9 ACTING PRESIDENT GRIFFO: Senator
10 Gianaris.
11 SENATOR GIANARIS: Thank you,
12 Mr. President.
13 The MTA is a difficult agency to
14 lead and not a very popular one with many
15 residents. It's a thankless job. But Tom
16 Prendergast has been doing a terrific job, not
17 only running a difficult agency but reaching out
18 to communities and elected representatives to
19 make sure that the input of local residents is a
20 vital part of what he does.
21 And so I wanted to thank him for
22 that and congratulate him and support his
23 nomination as well.
24 Thank you.
25 ACTING PRESIDENT GRIFFO: Thank
5094
1 you, Senator Gianaris.
2 Senator Murphy.
3 SENATOR MURPHY: I just rise to
4 congratulate my constituent, Mr. Prendergast.
5 And we wish you the best, and
6 congratulations.
7 ACTING PRESIDENT GRIFFO: The
8 question is on the nomination of Thomas F.
9 Prendergast as chairmen and chief executive
10 officer of the Metropolitan Transportation
11 Authority. All in favor signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT GRIFFO: Opposed?
14 (No response.)
15 ACTING PRESIDENT GRIFFO: Thomas F.
16 Prendergast is confirmed as chairman and chief
17 executive officer of the Metropolitan
18 Transportation Authority.
19 Mr. Prendergast, congratulations and
20 best of luck.
21 (Applause.)
22 ACTING PRESIDENT GRIFFO: The
23 Secretary will continue.
24 THE SECRETARY: As members of the
25 Port Authority of New York and New Jersey:
5095
1 Steven M. Cohen, of Brooklyn; Hamilton E. James,
2 of New York; and Michael D. Fascitelli, of
3 New York.
4 ACTING PRESIDENT GRIFFO: Senator
5 DeFrancisco.
6 SENATOR DeFRANCISCO: Move the
7 nominations.
8 ACTING PRESIDENT GRIFFO: The
9 question is on the nominations of Steven M.
10 Cohen, Hamilton E. James, and Michael D.
11 Fascitelli as members of the Port Authority of
12 New York and New Jersey. All in favor signify by
13 saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT GRIFFO: Opposed?
16 (No response.)
17 ACTING PRESIDENT GRIFFO: Steven
18 Cohen, Hamilton James, and Michael Fascitelli are
19 hereby confirmed as members of the Port Authority
20 of New York and New Jersey.
21 The Secretary will continue.
22 THE SECRETARY: As a member of the
23 Continuing Care Retirement Community Council,
24 Carol A. Fenter, of South Setauket.
25 SENATOR DeFRANCISCO: Move the
5096
1 nomination.
2 ACTING PRESIDENT GRIFFO: The
3 question is on Carol A. Fenter as a member of the
4 Continuing Care Retirement Community Council.
5 All in favor signify by saying aye.
6 (Response of "Aye.)
7 ACTING PRESIDENT GRIFFO: Opposed?
8 (No response.)
9 ACTING PRESIDENT GRIFFO: Carol A.
10 Fenter is hereby confirmed as a member of the
11 Continuing Care Retirement Community Council.
12 The Secretary will continue.
13 THE SECRETARY: As a commissioner
14 of the State Civil Service Commission, Jeanique
15 Greene, of Yonkers.
16 ACTING PRESIDENT GRIFFO: Senator
17 DeFrancisco.
18 SENATOR DeFRANCISCO: Move the
19 nomination.
20 ACTING PRESIDENT GRIFFO: The
21 question is on Jeanique Greene as a member of the
22 State Civil Service Commission. All in favor
23 signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT GRIFFO: Opposed?
5097
1 (No response.)
2 ACTING PRESIDENT GRIFFO: Jeanique
3 Green has been confirmed as a member of the
4 New York State Civil Service Commission.
5 Senator DeFrancisco, that completes
6 the nominations before the desk.
7 SENATOR DeFRANCISCO: Thank you. I
8 believe there's a resolution by you,
9 Mr. President, Resolution Number 2666. I'd like
10 to move that resolution.
11 ACTING PRESIDENT GRIFFO: The
12 Secretary will read.
13 THE SECRETARY: Legislative
14 Resolution Number 2666, by Senator Griffo,
15 reaffirming the commitment to strengthen the ties
16 between the State of New York and the People's
17 Republic of China, and welcoming Mr. Xi Jinping,
18 President of the People's Republic of China, to
19 the United States.
20 ACTING PRESIDENT GRIFFO: All in
21 favor of the resolution signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT GRIFFO: Opposed?
24 (No response.)
25 ACTING PRESIDENT GRIFFO: The
5098
1 resolution is adopted.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Can we now
4 lay aside Calendars 635 and 1871 for the day.
5 ACTING PRESIDENT GRIFFO: The two
6 calendar numbers, as identified and listed, will
7 be laid aside for the day.
8 SENATOR DeFRANCISCO: Is there any
9 further business at the desk?
10 ACTING PRESIDENT GRIFFO: There is
11 no further business at the desk.
12 SENATOR DeFRANCISCO: There being
13 none, we are adjourned until June 25 at
14 11:00 a.m.
15 ACTING PRESIDENT GRIFFO: On
16 motion, the Senate will stand adjourned until
17 Thursday, June 25th, at 11:00 a.m.
18 The Senate stands adjourned.
19 (Whereupon, at 6:55 p.m., the Senate
20 adjourned.)
21
22
23
24
25